Terms and Conditions

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company, named ApexGenius.
• AI Services means the artificial intelligence and machine learning features provided through the Service, including but not limited to natural language query processing, code generation, analysis, and intelligent recommendations.
• AI-Generated Content means any content, code, insights, suggestions, or outputs produced by the AI Services.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to GAT Solutions LLC.
• Company Parties means the Company and its affiliates, directors, officers, employees, agents, licensors, and service providers.
• Data Processing Addendum (DPA) means the supplemental data processing terms governing the processing of personal data, available upon request.
• Platform refers to the Application, the Website, and all related services, tools, and APIs.
• Salesforce means Salesforce, Inc. and its suite of cloud-based business applications.
• Salesforce Data means any data, metadata, or information retrieved from or related to Your Salesforce organization, including but not limited to Apex code, Flows, objects, fields, records, configurations, and related content.
• Service refers to the AI-powered Salesforce metadata analysis, documentation, code generation, deployment assistance, and such other services as available on the Platform.
• User Content means all data, content, records, and materials that You input, upload, or transmit to the Platform through Your Salesforce account or otherwise, including Salesforce Data.
• Website refers to ApexGenius, accessible from apexgenius.ai.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Eligibility and Acceptance of Terms

2.1 Eligibility

To use the Platform, You must:

• Be at least 18 years old or reach the age of majority in Your jurisdiction (whichever is higher)
• Possess full legal capacity and authority to bind Yourself or Your organization to these Terms
• Not be barred from using Services under applicable laws, including U.S. law
• Access the Platform solely via a valid, authorized Salesforce account

2.2 Use on Behalf of an Organization

If You are accessing or using the Platform on behalf of a company, entity, or organization, You represent and warrant that You are an authorized representative with the authority to bind that entity to these Terms. References to "You" and "Your" extend to such entities.

2.3 Binding Agreement

By accessing, browsing, or using the Platform, You acknowledge and agree that You have read, understood, and are bound by these Terms, our Privacy Policy, and our DPA (where applicable), which are incorporated herein by reference. If You disagree with any part of these Terms, You may not access the Service.

2.4 Right to Refuse Access

The Company reserves the right, at its sole discretion, to deny access to the Platform or terminate Services to any person or organization who does not comply with these Terms.

3. Access to Services via Salesforce

3.1 Salesforce Integration Requirement

The Platform requires You to authenticate and connect a valid Salesforce account. Without this integration, core Services remain unavailable.

3.2 Authorization to Access Salesforce Data

By connecting Your Salesforce account, You grant the Company permission to retrieve, access, and process certain data stored in Your Salesforce instance, including metadata, configurations, and records as necessary for Service delivery. The scope of accessed data is limited to what is necessary for the contracted Services.

3.3 Security of Salesforce Credentials

The Platform does not store Your Salesforce login credentials. Authentication uses OAuth 2.0 protocols. All Salesforce tokens are stored in encrypted vault storage (AES-256). All data transferred between Salesforce and the Platform uses industry-standard encryption (TLS 1.2+).

3.4 Revocation of Access

You may revoke Platform access to Your Salesforce account at any time via Your Salesforce settings or the Platform's connection management. Revocation may result in Service suspension or reduced functionality.

3.5 Responsibility for Salesforce Account

You are solely responsible for Your Salesforce account security and compliance with Salesforce's terms. The Company shall not be liable for unauthorized access caused by Your actions, omissions, or failure to maintain appropriate security controls.

3.6 No Affiliation with Salesforce

The Platform is developed and offered independently by the Company and is not affiliated with, endorsed by, or certified by Salesforce, Inc. "Salesforce" is a registered trademark of Salesforce, Inc. Your use of Salesforce is governed by Your separate agreement with Salesforce.

3.7 Retention and Deletion of Salesforce Data

The Platform retains Salesforce metadata for the duration necessary to perform the Services. Upon Service termination, Salesforce Data is deleted per the Privacy Policy and DPA. You may request deletion of Your data at any time.

3.8 MCP Gateway Service — Zero Storage

When You access the Service through the ApexGenius MCP (Model Context Protocol) integration, Salesforce data is retrieved in real time and routed directly to Your AI client (Claude, ChatGPT, Gemini, or similar). In this mode, Salesforce record data, query results, and metadata responses are processed transiently and are not persisted on Company servers or databases. OAuth tokens required to authenticate the MCP connection are stored as encrypted vault references consistent with Section 3.3.

4. AI and Machine Learning Services

4.1 AI Service Terms

The Service incorporates artificial intelligence and machine learning technologies. By using these features, You acknowledge and agree that:

• AI-Generated Content is provided for informational and assistive purposes only and may not be accurate, complete, or suitable for Your specific use case
• You are solely responsible for reviewing, testing, and validating any AI-Generated Content before using it in production environments
• The Company makes no warranties regarding the accuracy, reliability, or fitness for purpose of AI-Generated Content
• AI responses may vary between uses and are generated based on available data and system configurations
• AI-Generated Content does not replace professional judgment, Salesforce documentation, or expert advice

4.2 Third-Party AI Providers

The AI Services utilize third-party providers including but not limited to Anthropic (Claude), OpenAI (GPT), Google (Gemini), and xAI (Grok). Your use of AI features is subject to:

• Compliance with third-party AI provider terms of service
• Potential changes in AI model availability or capabilities
• Rate limits and usage restrictions imposed by AI providers
• The Company's right to modify or change AI providers without notice

4.3 Data Processing by AI Providers

No customer data is used for model training by our AI providers, per their respective API terms. You control what data You send; we recommend not transmitting PHI or other sensitive personal data through the Platform unless a Business Associate Agreement (BAA) is in place.

4.4 Use of Inputs for Service Improvement

The Company may use anonymized, aggregated usage patterns (not individual queries or Salesforce data) for the purposes of service improvement and feature development. Individual user queries and Salesforce data are not used for AI model training.

5. User Content and Data Ownership

5.1 Your Ownership

You retain ownership of all User Content, including Your Salesforce Data, chat history, uploaded documents, and any content You input into the Platform. The Company does not claim ownership over Your data.

5.2 License to User Content

By using the Platform, You grant the Company a limited, non-exclusive, royalty-free, worldwide, revocable license to access, use, process, store, and display User Content solely for Service provision and Platform functionality. This license extends only for the duration of Your use of the Service and as required by applicable law.

5.3 License Revocation

This license is revocable when You delete User Content from the Platform or terminate Your account, except:

• If retention is required by legal, regulatory, or compliance obligations
• If the User Content is stored in backups, which will be deleted per the data retention policy

5.4 User Content Representations

You represent and warrant that:

• You possess all necessary rights and permissions to share User Content
• User Content does not infringe third-party rights
• You are solely responsible for all User Content transmitted through the Platform

6. Data Privacy and Security

6.1 Data Collection and Processing

The Service operates two tiers with different data storage behaviors:

Chat Product

• Account information (email, authentication credentials)
• Salesforce organization metadata and configurations
• Chat history and conversation data
• Usage analytics and performance metrics

MCP Gateway (Zero Storage)

• Account information (email, authentication credentials)
• Encrypted OAuth tokens for Salesforce authentication
• Usage analytics (query counts, no content)
• Salesforce data is processed transiently and is not persisted — see Section 3.8

6.2 Data Security Measures

We implement the following security measures:

• AES-256-GCM encryption of chat messages at rest
• Salesforce tokens stored in encrypted vault storage (never in plaintext)
• TLS 1.2+ encryption for all data in transit
• Row-level security (RLS) on all database tables
• Per-user Salesforce authentication with OAuth 2.0
• Role-based access control (RBAC) with audit logging
• SHA-256 hashed API keys with per-user rate limiting

6.3 HIPAA Compliance

ApexGenius maintains HIPAA-compliant safeguards for the Platform, including message encryption and audit logging. HIPAA does not provide an official certification. A signed Business Associate Agreement (BAA) is required before the Platform may be used to process Protected Health Information (PHI). If You connect the Platform to a third-party AI service such as ChatGPT, You are also responsible for using a HIPAA-eligible service and maintaining any separate BAA required with that provider. An ApexGenius BAA covers ApexGenius services only. Organizations planning to handle PHI should contact us before use to establish a BAA and Data Processing Addendum (DPA).

6.4 Data Retention

We retain Your data for as long as Your account is active or as needed to provide the Service. Upon account termination, Your data will be deleted within 30 days unless retention is required by law. You may request data export or deletion at any time by contacting us.

6.5 Data Processing Addendum

For enterprise and healthcare customers, a Data Processing Addendum (DPA) is available upon request that governs the processing of personal data in compliance with applicable data protection regulations including HIPAA, GDPR, and CCPA.

7. Intellectual Property Rights

7.1 Company Ownership

The Company solely and exclusively owns all copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Platform, its software, algorithms, architecture, and Services.

7.2 Limited User Rights

As long as You comply with these Terms, the Company grants You a personal, non-exclusive, non-transferable, limited right to access and use the Platform. No rights are impliedly or expressly granted to You in respect of the Platform's proprietary technology or intellectual property.

7.3 User Feedback

If You provide feedback, suggestions, or ideas about the Platform, You grant the Company a perpetual, worldwide, royalty-free license to use, modify, and implement such feedback for any purpose without attribution or compensation.

8. Acceptable Use Policy

You agree not to:

• Access or attempt to access Salesforce organizations without authorization
• Use the Service to extract, reverse engineer, or derive AI model weights or algorithms
• Share account credentials or API keys with unauthorized parties
• Use automated scripts or bots without explicit permission
• Attempt to circumvent usage limits, security measures, or access controls
• Use the Service for competitive analysis or benchmarking
• Process sensitive personal data without appropriate legal basis
• Violate any applicable laws, regulations, or third-party rights
• Use the Service to develop competing products or services
• Interfere with or disrupt the Service, servers, or networks
• Upload content containing viruses, malware, or harmful code
• Transmit junk mail, spam, or unsolicited communications
• Attempt to access data belonging to other users or organizations

9. Third-Party Services

9.1 Third-Party Integrations

The Platform may integrate with or link to third-party services including Salesforce, Jira, Confluence, and various AI providers. These Third-Party Services are not owned or controlled by the Company.

9.2 No Endorsement

The Company does not endorse or assume responsibility for any Third-Party Services, including their accuracy, availability, data security, or practices. Use of Third-Party Services is governed by their respective terms and privacy policies.

9.3 Disclaimer of Liability

The Company disclaims all liability for any loss, damage, or disputes arising from Your use of Third-Party Services, including data loss, corruption, or unauthorized disclosure by third-party providers.

10. Service Availability and Limitations

The Service may be subject to:

• Scheduled maintenance windows
• Unplanned downtime due to circumstances beyond our control
• Query processing limits per user/organization based on subscription tier
• Storage limits for synchronized metadata
• API rate limits imposed by third-party providers
• Feature availability based on subscription tier and connected Salesforce edition

11. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT PROVIDED THEREIN ARE AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Company specifically does not warrant that:

• AI-Generated Content will be accurate, complete, or error-free
• The Platform will be uninterrupted, secure, or free of bugs
• The Service will produce specific business outcomes or improvements
• The Platform or emails sent from the Company are free of viruses or harmful components

12. Limitation of Liability

12.1 Liability Disclaimer

To the fullest extent permitted by applicable law, Company Parties shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with Your use of, or inability to use, the Platform, including damages for loss of profits, goodwill, data, or other intangible losses, even if Company Parties were advised of possible damages.

12.2 Specific Exclusions

The Company is not liable for:

• Errors or inaccuracies in AI-Generated Content
• Damage to Your Salesforce organization or data resulting from Service use
• Loss of data due to Service malfunction, user error, or third-party service failures
• Unauthorized access resulting from Your failure to maintain security
• Force majeure events, acts of God, or circumstances beyond the Company's control
• Decisions made or consequences thereof based on AI-Generated Content

12.3 Liability Cap

In no event shall the total aggregate liability of the Company in relation to the Platform and Services exceed the greater of (a) the total amount paid by You to the Company in the twelve (12) months preceding the claim, or (b) USD $100.

13. Indemnification

You agree to indemnify and hold harmless Company Parties from and against any and all claims, losses, liabilities, judgments, costs, demands, or actions (including reasonable attorneys' fees) made by any third party or penalty imposed due to or arising out of:

• Your breach of these Terms, Privacy Policy, or DPA
• Your violation of any law, rule, or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content or use of the Platform
• Any unauthorized access to Salesforce data through Your account

14. Termination

14.1 Termination by the Company

The Company may suspend or terminate Your access with or without notice if:

• You breach these Terms, Privacy Policy, or applicable laws
• Your Salesforce integration becomes invalid, unauthorized, or inoperable
• You engage in activity that may harm the Company, other users, or third parties
• You attempt to circumvent security or access controls

14.2 Termination by You

You may terminate Your use of the Service at any time by disconnecting Your Salesforce account and ceasing all use of the Platform. Termination does not relieve You of accrued pre-termination obligations, including payment obligations.

14.3 Effects of Termination

Upon termination:

• Platform and Services access immediately ceases
• The Company ceases processing new Salesforce data
• Previously synced metadata and chat history are deleted per the data retention policy
• Salesforce OAuth tokens are revoked and deleted from vault storage
• You may request a data export prior to termination

14.4 Survival

Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law.

14.5 No Liability for Termination

The Company shall not be liable to You or any third party for damages or losses resulting from termination in accordance with these Terms.

15. Monitoring Rights

The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure compliance with these Terms or applicable laws, at its sole discretion. This includes maintaining audit logs of permission-gated actions and usage metrics.

16. Assignment

The Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to You, except to the extent required by law. You may not assign Your rights or obligations under these Terms without the Company's prior written consent.

17. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, We will provide at least 30 days' notice prior to new terms taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised terms. You remain responsible for reviewing Terms updates periodically.

18. Governing Law and Dispute Resolution

18.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

18.2 Exclusive Jurisdiction

Any disputes, claims, or legal proceedings arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Florida.

18.3 Venue Waiver

By using the Platform, You agree to submit to the jurisdiction stated above and waive any objection to the venue or jurisdiction of such courts.

19. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: support@apexgenius.ai