Terms of Service.

1. Scope & Provider

These Terms of Service ("Terms") govern your use of the ApexTell website (apextell.net), the ApexTell desktop application, and all related services (collectively, the "Service"). By creating an account or purchasing a license, you agree to these Terms.

The provider is Frederic M. Wahl, Seestr. 55, 74080 Heilbronn, Germany ("we", "us", "operator"). Contact: hello@apextell.net

2. Open Beta Program

• The Open Beta provides free access to ApexTell during the testing phase
• Beta keys (BETA-prefix) are personal and non-transferable
• We reserve the right to revoke beta access at any time without compensation
• Beta software may contain bugs and is provided "as is" without warranty
• Features may change or be removed during the beta period
• Beta access does not guarantee access to the final released product

3. Founders Pack & Paid Licenses

• The Founders Pack grants a non-exclusive, non-transferable, lifetime license to use ApexTell
• "Lifetime" refers to the commercial lifespan of the product, not perpetuity
• License keys (APEX-prefix) are bound to a single machine at a time
• All prices are displayed in USD and are inclusive of applicable taxes where required by law
• Payments are processed securely by Stripe, Inc. You are subject to Stripe's Terms of Service when making a payment

4. Right of Withdrawal (Widerrufsrecht)

As a consumer in the European Union, you have a 14-day right of withdrawal for online purchases. Full details, including the model withdrawal form, are available on our Widerrufsbelehrung page.

Important notice regarding digital content:By purchasing and downloading ApexTell, you may be asked to expressly consent to the immediate provision of digital content and acknowledge that you lose your right of withdrawal once the download or license activation begins (pursuant to § 356(5) BGB / Art. 16(m) Directive 2011/83/EU).

If you have not waived your withdrawal right, you may withdraw within 14 days by contacting us at hello@apextell.net. Refunds will be processed via the original payment method within 14 days.

5. Refund Policy

• Refund requests within the 14-day withdrawal period will be honored in full
• Upon refund, your license key will be deactivated immediately
• Refunds are processed via Stripe using the original payment method
• Refund processing may take 5–10 business days to appear on your statement
• To request a refund, contact us at hello@apextell.net with your order details

6. Account Responsibilities

• You must provide a valid email address and verify it
• You are responsible for maintaining the security of your account credentials
• One account per person; sharing accounts is not permitted
• You must be at least 18 years old to create an account
• You must notify us immediately of any unauthorized use of your account

7. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the software
• Share, sell, sublicense, or distribute your license key
• Use the software in violation of any applicable poker site's terms of service
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for any unlawful purpose

8. Intellectual Property

All content, software, algorithms, trademarks, and other intellectual property associated with ApexTell are the exclusive property of the operator. Your license grants you the right to use the software as intended — it does not transfer any ownership or intellectual property rights.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• The software is provided "as is" without warranty of any kind, express or implied
• We do not warrant that the software will be uninterrupted, error-free, or free of harmful components
• We are not liable for any direct, indirect, incidental, or consequential damages arising from the use of the software
• In particular, we are not liable for any financial losses incurred during poker play
• Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited by applicable law, including mandatory consumer protection rights under German/EU law.

10. Data Protection

Your personal data is processed in accordance with our Privacy Policy and applicable data protection laws including the GDPR. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

11. Termination

• You may delete your account at any time through Account Settings
• We may terminate or suspend your access for material violations of these Terms
• Upon termination, your license key will be deactivated
• Sections regarding intellectual property, limitation of liability, and governing law survive termination

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer residing in the EU, you also benefit from any mandatory provisions of the consumer protection law of your country of residence.

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but may choose to do so on a case-by-case basis.

For merchants and legal entities, the courts of Heilbronn, Germany have exclusive jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on the website at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your account before they take effect.