The Apex App, Inc.

Last Updated April 14, 2021

The Apex App, Inc., (dba “Remix”), (“The Apex App, Inc.,” “we,” “us,” “our”) provides its Services (described below) to you through its website located at (the “Site”) and through its Mobile Services and related services (collectively, such services including any new features and applications, and the Site, are called the “Service(s)” or “Remix” herein), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). You agree to each and every one of the provisions of the Terms of Service and the Privacy Policy stated herein.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Please read these terms of service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against The Apex App, Inc. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located below. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Service is designed to allow users to engage in audio-based and video-based conversations with friends and other people around the world.

Your Registration Obligations: You may be required to register with The Apex App, Inc. in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify The Apex App, Inc. of any unauthorized use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Apex App, Inc. will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: The Apex App, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Apex App, Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that we can download and install updates to the Service on your device.

General Practices Regarding Use and Storage: You acknowledge that The Apex App, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on The Apex App, Inc.’s servers on your behalf. You agree that The Apex App, Inc. has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that The Apex App, Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Apex App, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding The Apex App, Inc. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the Services to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by The Apex App, Inc. The Apex App, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in The Apex App, Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to do any of the following, and you separately agree that your license to use the Services is conditioned upon your agreement not to:

  1. engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party and/or exceed any license granted to you under any third-party application and/or software; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of The Apex App, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Apex App, Inc. or its users to any harm or liability of any type;
  2. record any portion of a conversation without the expressed consent of all of the speakers involved;
  3. share information (on Remix or elsewhere) that the speaker explicitly stated was to be treated as “off the record”;
  4. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  5. violate any applicable local, state, national or international law, or any regulations having the force of law;