Terms of Service

The digital products sold on the Site (each, a “Product”) consist of plain text files containing AI prompts, instructions, configuration, and accompanying documentation. Although the checkout flow uses the words “buy” or “purchase” for clarity, you understand and acknowledge the following before we charge your card:

• You are not acquiring ownership of the Product, the underlying intellectual property, or any part of Apex’s system prompts.
• You are acquiring a perpetual (unless revoked under Section 12), worldwide, non-exclusive, non-transferable, non-sublicensable license to use the file we deliver, subject to the Permitted and Prohibited Uses below.
• The license persists for as long as you comply with these Terms. We do not maintain a customer portal that gates access; once you have downloaded the file it is your responsibility to retain a copy.
• We may issue updated versions of a Product at our discretion. Buyers will be notified by email when a material update ships, but we make no continuing-update commitment beyond that notice.

This Section 1 is provided as the “clear and conspicuous statement” required by California Business & Professions Code § 17500.6 (added by Assembly Bill 2426) and the analogous New York Senate Bill 2025-S8952 for sellers of digital goods.

You may, on a worldwide basis:

• Use the Product personally and in the course of your own business.
• Use the Product on behalf of paying clients (e.g., as part of consulting, agency, or freelance deliverables), provided that you do not deliver the raw Product file itself to the client.
• Modify the Product for your own use, including adapting prompts, instructions, or examples to your context.
• Store one copy of the Product per machine you personally operate, and one offline backup.

You may not, and you may not authorize any other person to:

• Redistribute, resell, sublicense, publish, post, or share the Product file, in whole or in meaningful part, whether for free or for payment.
• Include the Product (raw, paraphrased, or substantially derivative) in any prompt marketplace, template library, course, ebook, or other commercial work whose primary value is the Product.
• Use the Product to train or fine-tune any machine-learning model, embeddings database, or retrieval system that is itself offered to third parties.
• Use the Product to generate content that is unlawful, defamatory, infringing, fraudulent, discriminatory, or otherwise prohibited by the AI provider whose model executes the Product (e.g., the Anthropic Usage Policy or OpenAI Usage Policies).
• Remove, alter, or obscure any copyright notice, trademark, or attribution included in the file.
• Use the Product in any manner that breaches the Stripe Services Agreement or that would cause Apex to breach it.

A material breach of this Section 3 immediately and automatically terminates your license under Section 1. We may pursue injunctive relief and damages.

All right, title, and interest in and to the Products, the Site, the Apexname and logo, and all related materials (the “Apex IP”) are and will remain the exclusive property of Cimbolic Productions LLC and its licensors. Nothing in these Terms transfers any ownership in the Apex IP to you. All rights not expressly granted in Section 2 are reserved.

Outputs. Apex makes no claim to the outputs you generate by running the Product against an AI model. Ownership of those outputs is governed by your agreement with the AI provider (Anthropic, OpenAI, Google, etc.) and applicable law.

All prices are stated in U.S. dollars and exclude taxes. Payment is processed by Stripe, Inc. By completing checkout you also agree to the Stripe Consumer Terms of Service. We do not see, store, or process your card details.

You are responsible for any sales, use, value-added, withholding, or similar tax assessed on the transaction by your jurisdiction, except for taxes assessed on our net income. Where required by law (including EU VAT for B2C sales to EU customers), tax will be calculated and collected by Stripe at checkout and remitted by us.

Products are delivered electronically. Within a few minutes of payment confirmation we will email the address you provided at checkout with a time-limited signed download URL hosted on Cloudflare R2. The download link expires twenty-four (24) hours after issuance. If your link has expired or you have not received the email after thirty (30) minutes, contact support@apexskills.dev and we will re-issue at no charge (see the Refund Policy for the full re-issuance procedure).

Because every Product is delivered instantly and is freely copyable, all sales are final. The full Refund Policy (including the limited technical-failure carve-out and the EU/UK consent disclosure) is available at /refund-policy and forms part of these Terms.

The Products and the Site are provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, Apex disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

In particular, Apexdoes not warrant that any Product will produce specific results, will generate revenue, will pass an AI provider’s acceptable-use review, or will continue to function identically as third-party AI models evolve. AI model providers update their systems frequently; prompts that work today may require adjustment tomorrow, and that risk sits with the buyer.

You agree to indemnify, defend, and hold harmless Cimbolic Productions LLC, its members, officers, employees, and agents from and against any third-party claim, demand, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms, (ii) your violation of any law or third-party right, or (iii) any content you generate or distribute using a Product.

We collect only the information needed to process your order and deliver the Product: your email address (passed to Stripe and to our delivery email provider, Resend), Stripe’s tokenized transaction record, and order metadata. Your card data is held by Stripe under PCI DSS Level 1.

The Product delivery email is a transactional message and is sent regardless of marketing preferences. By placing an order you consent to receive that email and any related service messages (refund confirmations, security notices, file re-issuance). We may, separately, ask for opt-in consent to send marketing emails; you may unsubscribe from those at any time using the link in the email footer, in accordance with the U.S. CAN-SPAM Act, 16 C.F.R. Part 316.

EU/UK residents have additional rights under the General Data Protection Regulation and the UK GDPR (access, rectification, erasure, objection, portability). To exercise any of those rights, email legal@apexskills.dev.

We may suspend or terminate your license, refuse future orders, or block your access to the Site at any time if we reasonably believe you have breached these Terms, abused chargebacks, or used a Product in a way that exposes Apex to liability or to a Stripe Services Agreement breach. Termination does not entitle you to a refund; surviving sections (3, 4, 8–10, 13–17) continue to apply.

We may update these Terms from time to time. The current version, with an updated “Last updated” date, will always be posted at apexskills.dev/terms. For material changes, we will additionally email customers who have purchased within the prior twelve (12) months at least fifteen (15) days before the change takes effect. Continued use of the Site or of a Product after the effective date constitutes acceptance. If you do not accept a material change, your sole remedy is to stop using the Product (the license previously granted under Section 1 remains valid as to copies you have already downloaded).

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, internet or cloud-provider outages, AI-provider outages, labor disputes, or natural disasters.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. Subject to Section 14, the exclusive venue for any Dispute that is not arbitrated is the state and federal courts located in Travis County, Texas, and you and Apex consent to personal jurisdiction there. This Section 16 does not override any mandatory consumer-protection right that applies to you under the laws of your country of residence.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed; the remaining provisions remain in full force and effect.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

Entire agreement. These Terms, together with the Refund Policy, constitute the entire agreement between you and Apex regarding the Products and supersede any prior communications.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Questions or notices under these Terms may be sent to: