Terms of Service

(Effective as of July 21, 2022)

Welcome to apollobuilds.com, a website (the “Site”) operated by OV, LLC (doing business as Apollo) (the “Company”).

Please review these Terms carefully.  By accessing or using the Site and/or Services, you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the Site or Services.

ABOUT THE SITE AND SERVICES

The Site allows you to learn more about the Company and its offerings and to sign up for services offered by the Company (“Services”).

The Company offers monthly subscriptions for "unlimited" requests for product design and no-code development Services. We offer the following Services: UX/UI design, high-fidelity mockups, wireframes, prototypes, information architecture, UX Research (usability testing, user interviews), and design system creation. If you subscribed to the no-code package, we also build apps and landing pages using Webflow, Adalo, and Glide.

The Company may use third parties to provide the Services.

As discussed in our Privacy Policy, when you register for the Services you'll be asked to provide certain information about yourself, such as your name, company name, phone number, and email.

PAID SERVICES

Paying for a Service Package gives users access to a third-party website called Asana where they can submit “unlimited” design or no-code requests to a queue. 

In general, a design request means a single user story or individual task.

Design requests should include a clear description of what you're looking for, and can include insights, research, Loom videos, and anything else that gives us context for what we're building.

“Unlimited” means that you can submit as many design requests as you’d like each month. Our designers work through this queue in descending order. Requests are generally completed within 48 hours, but we make no guarantee of this timeline as some requests may take more or less time. “Unlimited” does not mean that we will be able to complete an unlimited number of requests for each user every month. The work is done by real humans, who need time to do good work. Each request you submit is worked on one-by-one in the order that you prioritize. Incomplete requests will carry over into the following month as long as you keep your subscription active.

To use the paid Services, you will be charged a monthly fee. This fee is currently collected via Stripe (our "Billing Service Provider"), which has its own legal terms.

You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. 

You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

You can terminate your use of the Services and otherwise manage your account using the Site or by sending an email to jeff@apollobuilds.com

We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the changed amount. 

If you properly terminate your paid account, you will not be charged for future months. However, you will not receive a refund for an unused portion of a month for which you have already paid.

USE OF THE SITE AND SERVICES

You need to be at least 18 years old to use the Site and Services.  

You hereby affirm we have the right to terminate your account and subscription at any time with or without prior notice.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following restrictions and conditions. 

You agree that you will not:

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INTELLECTUAL PROPERTY

By submitting your content to us, you are representing that you are the owner of such content and/or have the necessary rights, licenses, and authorization to distribute it.  You grant us a worldwide, royalty free, non-exclusive license to access and use your content to provide the Services to you. 

Subject to your compliance with these Terms, including your payment obligations, you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein, created via the Services. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the deliverables, including all intellectual property rights therein.

While providing the Services, we may use certain pre-existing materials owned by us or third parties.  We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials.  We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. 

You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables for the purpose of our marketing and advertising (the “Portfolio Rights License”). You may revoke the Portfolio Rights License by sending written notice to jeff@apollobuilds.com

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.


CONFIDENTIAL INFORMATION

If you disclose to us your confidential information, we agree to hold it in confidence, not to disclose to any third party, except as approved or directed in writing by you, and to use it only to provide the Services.


FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site and Services (“Feedback”). You may submit Feedback by emailing us at jeff@apollobuilds.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Services, including the deliverables; (b) your violation of any law or rights of any third party; (c) your violation of these Terms.

ONLINE CONTENT DISCLAIMER

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to jeff@apollobuilds.com.

WARRANTY DISCLAIMER

When we deliver a project or design to you, you agree to review and proof it for errors or omissions and notify us of any changes or corrections requested. We will make these revisions so long as you are a paying customer. We are not required to provide updates, bug fixes or patches to any product or design that we create after a subscription has been stopped.

The Company isn’t responsible for any outages or bugs in any of the third-party products we rely on, including but not limited to Figma, Asana, Adalo, or Webflow.

THE SITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR COMPANY. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OF THE SITE OR SERVICES; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

The Company can amend these Terms at any time.  It’s your responsibility to check the Site from time to time to view any such changes.  If you continue to use the Site and Services, you show your agreement to our revisions to these Terms.   Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY

The Company respects the privacy of its users.  Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you show that you agree to this Privacy Policy.

GENERAL TERMS

The Company is an independent contractor, and nothing herein shall be construed as inconsistent with that relationship or status.

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

If we are unable to perform any obligation because of any cause beyond our reasonable control, we will have no liability to you for such failure to perform.

You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of Missouri, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in St. Louis, Missouri.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Services are here. You may contact us at jeff@apollobuilds.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YOUR AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.