Terms of Use

1. The Service

APEX is the provider of catering and related logistics services for professional sports charter travel. To fulfill these services, APEX engages a network of catering vendors, restaurants, and flight kitchens as its own subcontractors. Client organizations contract directly and exclusively with APEX — not with any individual vendor, restaurant, or flight kitchen — and APEX is responsible to the client for the coordination, delivery, and fulfillment of the services described in the applicable Service Agreement, regardless of which subcontractor performs the underlying work.

2. Accounts and Eligibility

• •The Platform is invite-only. Accounts are created by APEX staff or by an existing administrator within your organization — there is no public self-registration.
• •You must provide accurate account information and are responsible for maintaining the confidentiality of your login credentials
• •You are responsible for all activity that occurs under your account
• •You must be at least 18 years old and acting in a professional or business capacity to use the Platform

3. Acceptable Use

You agree not to:

• •Use the Platform for any unlawful purpose or in violation of any applicable regulation
• •Attempt to access data, accounts, or areas of the Platform you are not authorized to access
• •Interfere with or disrupt the integrity or performance of the Platform
• •Upload false, misleading, or fraudulent information, including in connection with vendor tax documentation or invoicing
• •Reverse engineer, scrape, or attempt to extract the Platform's underlying source code or data structures except as permitted by law

4. Orders, Payments, and Fees

• •Orders placed through the Platform are subject to the pricing, fees, and payment terms presented at the time the order or invoice is created
• •Payments are processed by our third-party payment processor, Stripe, Inc. By making a payment, you agree to Stripe's own terms of service governing that transaction
• •Where a processing fee is disclosed and passed through on a payment method, that fee reflects the actual cost charged by our payment processor and will never exceed the maximum permitted under applicable card network rules
• •Vendor payouts are issued according to the payment terms set out in the applicable Service Agreement between APEX and the vendor's client team

5. Service Agreements

Client organizations may be asked to review and electronically sign a separate Service Agreement governing the commercial terms of their relationship with APEX, including billing, term, and termination. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement controls with respect to the commercial relationship it governs.

6. Intellectual Property

• •APEX retains all right, title, and interest in and to the Platform itself, including its software, design, and underlying technology
• •You retain ownership of the content you submit to the Platform (such as menu selections, order details, and uploaded documents). You grant APEX a limited license to use that content solely as necessary to operate the Platform and provide the Service

7. Vendors and Subcontractors

APEX engages catering vendors, restaurants, and flight kitchens as subcontractors to fulfill the Services. These subcontractors act on APEX's behalf, not as independent parties to your relationship with APEX. You will not receive, and should not rely on, direct contact information for these subcontractors through the Platform.

8. Third-Party Infrastructure Services

The Platform relies on certain third-party infrastructure to operate, including Stripe (payment processing), Resend (email delivery), and Anthropic (AI-assisted features such as menu scanning, nutrition estimation, order quality checks, and substitution suggestions), and coordinates with airline and charter partners such as Delta Air Lines in connection with flight-related logistics. Unlike the vendors described in Section 7, these are independent service providers, not APEX subcontractors, and APEX is not responsible for their independent acts or omissions.

9. Disclaimers

APEX will perform the Services described in Section 1 with reasonable skill and care, consistent with standard practice for professional charter catering logistics. Except as expressly stated in an applicable Service Agreement, APEX does not otherwise warrant that the Platform will be uninterrupted or error-free, and disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

10. Limitation of Liability

To the fullest extent permitted by law, APEX's total liability arising out of or relating to the Services in any calendar year will not exceed the total fees paid by the client to APEX in the twelve (12) months preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages. This limitation does not apply to claims arising from gross negligence, willful misconduct, or death or bodily injury, to the extent such limitation is not permitted by applicable law.

11. Termination

APEX may suspend or terminate access to the Platform for any account found to be in material violation of these Terms. Termination of a client organization's underlying commercial relationship with APEX is governed by the applicable Service Agreement, not these Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration seated in Oklahoma County, Oklahoma. Either party may seek injunctive or equitable relief in the state or federal courts located in Oklahoma County, Oklahoma without first resorting to arbitration.

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after an update constitutes acceptance of the revised Terms.

14. Contact Us

Questions about these Terms may be directed to: