Terms of Service
Effective Date: September 1, 2026
Entity Name: Apex Formula LLC
1. Introduction & Acceptance of Terms
Welcome to Apex Formula LLC (“Company”, “Agency”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our lead generation, marketing, design, and technical services (collectively, the “Services”).
By executing an order form, paying an invoice, or accessing any part of our Services, you (“Client” or “User”) agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
2. Scope of Services
Apex Formula LLC operates as a specialized lead generation agency. Our core offerings include, but are not limited to:
- Meta Ads Management: Campaign strategy, ad creative development, audience targeting, optimization, and reporting on Meta platforms (Facebook & Instagram).
- Dashboard Application Setup: Configuration and deployment of analytics, client reporting, or CRM tracking dashboards.
- Website Design & Optimization: Custom design, landing page creation, user experience (UX) layout, and web development.
- Search Engine Optimization (SEO): On-page optimization, technical SEO audits, keyword strategy, and content structural improvements.
3. Fees, Payment Terms & Meta Ad Spend
Monthly Retainer & Billing
Services are billed on a recurring monthly retainer fee of $1,500.00 USD per month for baseline management and services, due in advance of each billing cycle unless otherwise agreed in writing. In addition, if Client’s monthly advertising spend on third-party platforms (including Meta) exceeds $1,000.00 USD in a monthly billing cycle, Client shall pay Agency an additional management fee equal to 20% of all ad spend exceeding $1,000.00 USD. Scaling fees are calculated at the end of each billing cycle and billed alongside or immediately following the retainer invoice. Retainer fees cover agency strategy, execution, design, optimization, and setup services.
Meta Ad Spend Paid Directly by Client
IMPORTANT NOTICE REGARDING AD SPEND: The monthly agency retainer fee of $1,500 covers agency management and service fees only. All advertising expenditures (ad spend) incurred on Meta platforms (Facebook/Instagram) are payable directly by the Client to Meta Platforms, Inc.
- The Client must attach a valid, active payment method directly to their own Meta Business Manager / Ad Account.
- Apex Formula LLC is not responsible for paying client ad budgets, handling direct ad spend funds, or resolving billing holds imposed by Meta on client accounts.
4. Refund Policy
We strive for complete clarity and client satisfaction. Our refund policy applies as follows:
| Service Component | Refund Eligibility Window | Terms & Conditions |
|---|---|---|
| Monthly Service Retainer ($1,500) | Within 5 Business Days | Full or prorated refund request must be submitted in writing within 5 business days of payment. |
| Services After 5 Business Days | Non-refundable | No refunds will be granted after 5 business days from the billing date due to allocated resources and labor. |
| Meta Direct Ad Spend | Non-refundable by Agency | Ad spend paid directly to Meta is subject strictly to Meta Platforms’ billing and refund policies. |
To request a refund within the 5 business day window, Client must submit a written request to support@apexformula.com detailing the invoice number and reason for the request.
5. Client Responsibilities & Access Requirements
To ensure successful project execution and lead generation performance, Client agrees to:
- Provide administrative or partner-level access to Meta Business Manager, domain DNS settings, Google Analytics/Search Console, and necessary software accounts in a timely manner.
- Review and approve ad creatives, copy, and web design mockups within three (3) business days of delivery.
- Maintain active billing accounts with third-party service providers (Meta, domain hosts, software tools).
- Delays & Retainer Billing: Delays caused by Client (including failure to provide account access, delayed feedback, or failure to approve materials) do not pause or extend monthly retainer billing cycles nor entitle Client to any refund or proration.
6. Intellectual Property & Deliverables
Upon full payment of all applicable fees due, Client shall own all right, title, and interest in and to custom standalone website designs built specifically for Client. However, landing pages, marketing ad creatives, ad graphics, ad copy, and campaign structures created as part of ongoing advertising and lead generation campaigns are provided as a service and remain subject to Client’s active monthly service agreement; access to or licensing of such campaign deliverables terminates upon cancellation of the monthly service retainer.
Apex Formula LLC retains all ownership, rights, and interest in pre-existing proprietary tools, dashboard frameworks, master templates, and agency methodologies used during the performance of the Services. Apex Formula LLC reserves the right to display non-confidential project deliverables, client logos, and aggregated performance metrics in its portfolio and marketing materials.
7. Platform Suspensions & Account Disapprovals
Apex Formula LLC has no control over third-party platform rules, algorithm changes, or account management policies. Apex Formula LLC shall not be liable for ad account suspensions, campaign disapprovals, ad holds, or page restrictions imposed by third-party platforms (including Meta, Google, or web hosting services). Such third-party platform actions shall not relieve Client of its payment obligations under these Terms.
8. Legal Compliance & TCPA Disclaimers
Apex Formula LLC provides marketing, lead generation, and technical setup services. Client is solely responsible for ensuring that its use of lead data, customer contact information, and sales outreach mechanisms (including phone calls, automated dialers, SMS/MMS messaging, and email communications) fully complies with all applicable local, state, federal, and international laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Telemarketing Sales Rules, and applicable data privacy regulations. Client represents and warrants that it has obtained all required consents prior to contacting any leads.
9. Performance Disclaimer & Guarantees
While Apex Formula LLC utilizes industry-leading practices for Meta Ads, SEO, and lead generation setup, lead generation performance depends on factors beyond our control (including market demand, offer strength, sales conversion ability, and Meta algorithm shifts). We do not guarantee specific conversion rates, cost per lead (CPL), or revenue targets.
10. Indemnification
Client agrees to defend, indemnify, and hold harmless Apex Formula LLC, its officers, directors, employees, and agents from and against any and all third-party claims, demands, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising out of or related to: (a) Client’s breach of these Terms; (b) Client-provided content, logos, trademarks, or materials; (c) Client’s products, services, or business operations; or (d) Client’s contact, outreach, or processing of leads in violation of applicable laws (including TCPA and CAN-SPAM).
11. Limitation of Liability
To the maximum extent permitted by law, Apex Formula LLC’s maximum cumulative liability arising out of or related to these Terms or the Services shall not exceed the amount actually paid by Client to Apex Formula LLC in the one (1) month preceding the event giving rise to the claim ($1,500 USD maximum). In no event shall Company be liable for indirect, incidental, or consequential damages.
12. Termination
Either party may terminate the monthly retainer agreement by providing written notice at least seven (7) business days prior to the start of the next monthly billing cycle. Upon termination, Client remains responsible for any outstanding fees owed through the termination date.
13. Governing Law & Jurisdiction
These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and both parties irrevocably consent to the personal jurisdiction and venue therein.
14. Contact Information
For billing questions, support, or refund requests, please contact:
Apex Formula LLC
Email: support@apexformula.com
Attn: Billing & Client Success