Terms of Service

The Services are offered to businesses and their authorized representatives who are 18 or older with the legal capacity to bind their business. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at security@apexamplify.com of any unauthorized use.

Bankable One is a business consulting, assessment, and infrastructure firm. We help you engineer a "bankable" profile — the structural, credit, financial, and documentary posture that regulated lenders expect.

We are not, and do not act as: a bank, a lender, a broker-dealer, a mortgage broker, a loan broker, an investment adviser, a securities issuer, a registered municipal advisor, a merchant cash advance provider, a hard-money lender, a law firm, an accounting firm, or a credit repair organization as defined by the Credit Repair Organizations Act. Nothing in the Services constitutes legal, tax, accounting, securities, investment, or financial advice. You should consult licensed professionals for those matters.

We do not guarantee that you will receive any loan, grant, line of credit, investment, or other capital. Any figures presented on the site or in reports describe potential opportunities based on general market data, not commitments.

Free tools (such as the fundability scan and the assessment) are provided as-is. Paid engagements — including Foundation, Accelerator, Elite, and Capital Advisory — are governed by an executed engagement letter or order form that will control any conflict with these Terms. Fees are non-refundable except as expressly stated in the engagement letter. Deposits secure calendar capacity and are non-refundable once work begins.

You represent that information you submit to us is true, accurate, and complete, and that you have the right to share it. You will not submit information about any third party (including principals, spouses, or partners) without their authorization. You will comply with all laws applicable to your business, including consumer protection, anti-money-laundering, and sanctions laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not (a) resell, sublicense, or provide the Services to third parties; (b) reverse engineer, decompile, or scrape the Services; (c) circumvent security, rate-limiting, or access controls; (d) use the Services to compete with us or train competing models; or (e) use the Services in violation of law.

The Services — including the Fundability Framework™, Capital Readiness Score™, Bankable File™, methodologies, reports, dashboards, templates, and all associated trademarks, service marks, logos, code, and content — are owned by Apex Amplify, Inc. or its licensors and are protected by U.S. and international IP law. Except for the license expressly granted in Section 5, we reserve all rights.

You retain ownership of the data and documents you submit ("Client Data"). You grant us a worldwide, royalty-free license to host, process, and use Client Data solely to provide, maintain, secure, and improve the Services and to produce your reports. We may create and use aggregated, de-identified statistics that do not identify you or your business.

The Services may link to or integrate with third-party products (e.g., credit monitoring, e-signature, hosting, analytics, AI providers) and may introduce you to third-party professionals (e.g., lenders, underwriters, insurance carriers, counsel). Third parties are not our agents, and we are not responsible for their acts, omissions, or offerings. Any transaction you enter with a third party is solely between you and that third party.

We do not provide legal, tax, accounting, securities, or investment advice; we do not recommend the purchase or sale of any security or investment; and we do not manage or hold client funds. Any commentary about SBA, private credit, or capital markets is educational and general in nature.

We are not a "credit repair organization" under 15 U.S.C. §§ 1679 et seq. or under similar state laws. We do not remove accurate or verifiable information from your business credit file. Any work on your business credit profile is limited to structural and reporting hygiene (e.g., ensuring accurate business trade lines and file completeness).

By providing your contact information, you consent to receive administrative communications (email, SMS, phone) about your account, engagements, appointments, and support. Marketing communications require the additional consent you granted on the applicable form; you may opt out at any time. Message and data rates may apply. Where we record calls, we do so consistent with applicable two-party consent laws.

You will not:

• Provide false, misleading, or fraudulent information to us or to any lender we introduce.
• Use the Services to launder money, evade sanctions, or finance terrorism.
• Upload malicious code, attempt to gain unauthorized access, or interfere with the operation of the Services.
• Impersonate any person or misrepresent your affiliation with any entity.
• Use the Services if you are on any U.S. sanctions list or located in a comprehensively sanctioned jurisdiction.

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, an engagement letter, or applicable law, or if continued access poses a security, legal, or reputational risk. Sections that by their nature should survive termination will survive.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY INFORMATION PROVIDED IS COMPLETE OR ACCURATE; OR THAT ANY PARTICULAR CAPITAL, APPROVAL, OR RESULT WILL BE ACHIEVED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOST GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

You will indemnify, defend, and hold harmless Apex Amplify, Inc., its affiliates, and their respective personnel from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of (a) your violation of these Terms or applicable law; (b) your Client Data; (c) your acts or omissions in dealings with any lender, investor, or third party introduced through the Services; or (d) your infringement of any third-party right.

These Terms are governed by the laws of the State of Wyoming without regard to conflict-of-laws principles. Subject to Section 17, the exclusive venue for any dispute not subject to arbitration is the state and federal courts located in Sheridan County, Wyoming, and you consent to personal jurisdiction there.

Please read this section carefully — it affects your rights. You and Bankable One agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect. The arbitration will be seated in Sheridan, Wyoming (or, if you are a consumer, in your county of residence at your election), conducted in English, and decided by a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class action waiver. You and we each waive the right to participate as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Carve-outs. Either party may (i) bring an individual action in small-claims court, (ii) seek injunctive or equitable relief in court to protect intellectual property rights, or (iii) opt out of arbitration by emailing legal@apexamplify.com within thirty (30) days of first accepting these Terms with the subject line "Arbitration Opt-Out" and your full name and account email.

We may modify these Terms from time to time. If we make material changes, we will provide notice by updating the "Last updated" date and, where required, by email. Your continued use of the Services after the effective date constitutes acceptance.

These Terms, together with any engagement letter and referenced policies, are the entire agreement between you and us regarding the Services and supersede prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a corporate transaction. Notices to us must be sent to Apex Amplify, Inc., Attn: Legal, 30 N Gould St, Ste 100, Sheridan, WY 82801, and to legal@apexamplify.com.

Questions about these Terms? Contact legal@apexamplify.com.