Terms & Conditions

5a.1 Scope of Access

To ensure the proper operation of the Service, resolve technical issues, provide user support, perform maintenance, verify compliance with these Terms, and protect platform security, authorized personnel from APEX LAB SOLUTIONS LLC ("Support Team") may access any Organization within the platform — including its data, configurations, integrations, and associated content — without requiring prior authorization from the Organization owner for each instance.

This access is performed exclusively through identified internal Support Team accounts (e.g., accounts with the @mb-suite.com domain) that are temporarily assigned an administrator role within the relevant Organization.

5a.2 Permitted Purposes

Support Team administrative access is strictly limited to the following purposes:

• Diagnosing and resolving technical issues reported by users or detected by automated monitoring systems
• Verifying integration configurations, permissions, and data flows to provide technical support
• Investigating activities that may constitute a violation of these Terms, the Acceptable Use Policy, or applicable law
• Performing maintenance, data migration, or updates that require direct interaction with Organization data
• Responding to support requests initiated by Organization members
• Complying with legal obligations, regulatory requirements, or court orders

The Support Team will not use this access for commercial or marketing purposes, nor access data beyond what is strictly necessary for the specific purpose of each intervention (data minimization principle).

5a.3 Safeguards and Controls

APEX implements the following safeguards to protect user data during any administrative access:

• Audit Logging: All actions performed by the Support Team within an Organization are recorded in the platform's audit system, including operator identity, date and time, actions performed, and the affected Organization. These records are retained in accordance with APEX's data retention policy.
• Least Privilege: Access is granted only to personnel who require it for the specific task and is revoked upon completion.
• Identifiable Accounts: Access is performed exclusively through internal corporate accounts, never through anonymous or shared accounts.
• Confidentiality: All APEX personnel are subject to confidentiality obligations regarding data accessed. Information obtained during support access will not be disclosed to third parties unless required by law.
• Temporality: Administrative access is temporary and limited to the duration necessary to complete the support or maintenance task.

5a.4 Transparency

Upon request from the Organization owner, APEX will provide a summary of administrative access events to their Organization, including dates, operator, and general purpose. Requests should be directed to support@mb-suite.com.

5a.5 Legal Basis for Processing

The access described in this section is based on: (a) performance of the contract between APEX and the Client (GDPR Article 6(1)(b) / equivalent contractual bases under applicable law), (b) APEX's legitimate interest in ensuring the security, integrity, and proper functioning of the platform (GDPR Article 6(1)(f)), and (c) compliance with legal obligations where applicable (GDPR Article 6(1)(c)).

7.0 Your Representations and Warranties

By accessing or using the Service, you represent and warrant, on your own behalf and on behalf of any Organization you act for, that, at all times during your use of the Service:

• Your business, and your use of the Service, operate in compliance with all applicable laws, regulations, and industry codes, including data protection, advertising, marketing, consumer protection, and anti-spam laws in every jurisdiction where you operate or where your customers, contacts, or recipients are located;
• You own or have obtained all rights, licenses, permissions, consents, and authorizations necessary to upload, submit, store, process, transmit, and distribute all content, contact lists, lead data, media, and other data you provide to or process through the Service, and to grant APEX the license set out in Section 9.4;
• Where you process personal data through the Service, you have a valid lawful basis to do so and have provided any notices and obtained any consents required under applicable data protection law;
• The content and communications you create, send, or distribute through the Service are not unlawful, deceptive, infringing, defamatory, or otherwise in violation of these Terms or the rights of any third party;
• All registration and account information you provide is true, accurate, current, and complete, and you will keep it updated; and
• You are not barred from receiving the Service under any applicable law, and you are not located in, or acting on behalf of any person in, a country or territory subject to comprehensive sanctions or on any applicable restricted-party list.

These representations and warranties are in addition to, and do not replace, the specific representations you make elsewhere in these Terms, including those relating to lead synchronization (Section 4), messaging (Sections 4 and 7.7), connected mailboxes and calendars (Section 4), and AI image generation (Sections 7.10 and 9a.8).

7.1 General Prohibitions

You may not:

• Violate any applicable law or regulation
• Access the Service if you are under 18 years of age
• Use the Service for competitive analysis or to build a competing product
• Reverse engineer, decompile, or disassemble any part of the Service
• Circumvent security measures, access controls, or usage limits

7.2 Email Marketing Prohibitions

Use of email marketing features is subject to our Email Marketing Acceptable Use Policy. Prohibited activities include sending to purchased or scraped lists, sending without valid consent, and sending deceptive content.

7.3 AI-Specific Prohibitions

You may not:

• Attempt to extract, reveal, or reverse-engineer system prompts, base rules, or internal instructions
• Use AI features to generate content that is harmful, discriminatory, or illegal
• Use AI features to generate spam or unsolicited communications
• Attempt to manipulate AI behavior through prompt injection or adversarial inputs
• Use AI outputs in a manner that violates third-party intellectual property rights

7.4 Content Restrictions

Content created, uploaded, or distributed through the Service (including social posts, emails, media files, and AI-generated content) must not:

• Infringe intellectual property rights
• Contain malware or harmful code
• Constitute spam or unsolicited advertising
• Violate applicable advertising regulations
• Contain defamatory, obscene, or illegal material

7.5 Data and Security Prohibitions

You may not:

• Access data belonging to other organizations
• Conduct vulnerability testing or penetration testing without prior written authorization
• Attempt to extract or scrape data from the Service
• Create multiple accounts to circumvent usage limits or bans
• Share credentials or allow unauthorized access to your account

7.6 CRM and Lead Data

You may not:

• Use lead data obtained through platform integrations for any purpose other than as authorized by the applicable platform's terms
• Aggregate LinkedIn Lead Form Response Data across multiple unaffiliated LinkedIn Accounts
• Sell, rent, or disclose lead data to third parties without consent
• Scrape lead data from MB Suite for use outside the platform

7.7 Messaging

You may not:

• Send messages through connected messaging platforms to recipients who have not provided opt-in consent
• Send spam or unsolicited commercial messages
• Use messaging for phishing or fraud
• Ignore opt-out requests
• Violate WhatsApp's Business Messaging Policy

7.10 AI Image Generation and Likeness

Reference Images and Rights Clearance. When using AI image generation features (including but not limited to Content Studio, Content Series, and Photo Sessions), you represent and warrant that you have obtained all necessary rights, licenses, permissions, and consents required to use any reference images, photographs, or visual materials you upload as inputs to the AI image generation system. This includes:

• Copyright or license from the copyright holder of the reference image
• Written consent or release from any identifiable individual whose likeness appears in the reference image, authorizing both the use of their likeness as an AI reference input and the creation of AI-generated synthetic images derived from their appearance
• Compliance with any applicable right of publicity, personality rights, or image rights laws in the jurisdiction(s) where the depicted individual resides and where the generated content will be used

Prohibited Uses. You may not use AI image generation features to:

• Create synthetic images depicting any identifiable individual without that individual's informed, written consent
• Generate non-consensual intimate imagery (NCII) or sexually explicit content depicting any real person
• Create synthetic media that falsely depicts a real person endorsing, affiliating with, or supporting any product, brand, service, or cause
• Generate images intended to defame, harass, intimidate, or deceive any person
• Create deepfakes or forged digital likenesses as defined under any applicable law, including the TAKE IT DOWN Act, the Tennessee ELVIS Act, California Civil Code Section 3344, or equivalent statutes
• Generate synthetic media depicting minors in any context
• Produce AI-generated images for political advertising without clearly labeling them as AI-generated in compliance with applicable disclosure laws
• Remove, alter, or circumvent any watermarks, metadata, or markers that identify content as AI-generated

User Obligations. You are solely responsible for: verifying that all AI-generated images comply with applicable laws before publishing or distributing them; labeling AI-generated images as synthetically created where required by law (including the EU AI Act Article 50 and applicable US state laws); maintaining records of consent and rights clearances for reference images; and promptly ceasing use of any AI-generated image upon receiving a complaint from a depicted individual or rights holder.

7.8 DMCA/Copyright

If you believe content on the Service infringes your copyright, contact us at legal@mb-suite.com with the information required by 17 U.S.C. 512(c)(3).

7.9 Enforcement

APEX reserves the right to investigate violations and take appropriate action, including warning, suspension, or termination of access. We may report illegal activity to law enforcement.

9.1 Service Ownership

The Service, including its software, design, documentation, and all intellectual property rights therein, is the exclusive property of APEX LAB SOLUTIONS LLC. Nothing in these Terms transfers any ownership rights to you.

9.2 AI Features and Your Data

Data transmitted to AI providers is used exclusively to generate responses to your queries. AI providers do not use your data for training, improving, or developing their models. This is governed by our agreements with each provider.

9.3 Aggregated Analytics

We may use de-identified, aggregated data that cannot be attributed to any individual or organization to improve the Service, generate industry benchmarks, and develop new features. This data cannot be reverse-engineered to identify you or your organization.

9.4 Your Content

You retain all intellectual property rights in the content you create, upload, or generate using the Service. By using the Service, you grant APEX a limited, non-exclusive, worldwide license to host, store, transmit, display, and process your content solely to provide and improve the Service. This license terminates when your content is deleted from our systems.

9a.1 Nature of AI Features

MB Suite includes AI-powered features that use third-party language models. These features assist with content generation, data analysis, conversational interactions, and action proposals. AI-generated content is provided as a tool to assist your decision-making and should not be relied upon as a sole source of truth.

9a.2 No Guarantee of Accuracy

AI outputs may contain errors, omissions, or inaccuracies. APEX does not warrant the accuracy, completeness, or reliability of AI-generated content. You are solely responsible for reviewing and verifying AI outputs before acting on them or publishing them.

9a.3 User Confirmation for Actions

When AI proposes actions that modify data (creating tasks, social media posts, campaigns, or contacts), these proposals require your explicit confirmation before execution. You are responsible for reviewing proposed actions before confirming them.

9a.4 Custom AI Agents

Organization administrators may create custom AI agents with specific instructions, data source access, and capabilities. You are responsible for the instructions you provide to custom agents and for the outputs they generate based on those instructions.

9a.5 Knowledge Files

By uploading knowledge files to AI agents, you represent that you have the right to use, process, and share the content of those files. File content is extracted, stored, and transmitted to AI providers as part of the agent's context.

9a.6 AI Availability

AI features depend on third-party providers (Google, OpenAI, Anthropic). APEX does not guarantee uninterrupted availability of AI features and is not liable for outages, degradation, or changes to third-party AI services.

9a.7 Limitation of Liability for AI

To the maximum extent permitted by applicable law, APEX shall not be liable for any damages arising from reliance on AI-generated content, including but not limited to business decisions made based on AI analysis, content published based on AI suggestions, or actions taken based on AI recommendations.

9a.7a No Performance or Outcome Guarantee

AI features may analyze your connected advertising, analytics, and marketing data and suggest changes to campaigns, budgets, audiences, bidding, creative, content strategy, or other media decisions. Such suggestions are informational, forward-looking, and predictive only, are provided "as is" and "as available," and do not constitute professional, financial, investment, legal, or fiduciary advice. To the maximum extent permitted by applicable law, APEX disclaims all warranties of any kind with respect to AI suggestions, including the implied warranties of merchantability, fitness for a particular purpose, and any guarantee of result. APEX does not guarantee any particular result, performance, return on investment, conversion rate, reach, ranking, revenue, or other business outcome from following AI suggestions. Advertising and marketing performance depends on numerous factors outside APEX's control — including third-party platform algorithms, auction dynamics, market conditions, your budget and configuration, and the accuracy of the data provided. You are solely responsible for reviewing each suggestion, exercising your own independent professional judgment, and for any change you choose to apply to your campaigns or accounts. To the maximum extent permitted by applicable law, and subject to Section 13, APEX shall not be liable for any decline in performance, wasted ad spend, lost revenue, lost profits, or other direct, indirect, or consequential damages arising from acting on AI suggestions.

9a.8 AI Image Generation Features

MB Suite provides AI-powered image generation features (Content Studio, Content Series, Photo Sessions) that allow you to create synthetic images, including features that use reference photographs as stylistic or compositional inputs. These features utilize third-party AI models to generate new images that may resemble, be inspired by, or replicate visual elements present in your reference inputs, including the appearance of persons, products, scenes, and artistic styles.

No Rights Verification by APEX. APEX does not verify whether you hold the necessary rights, consents, or permissions to use any reference image you upload or to generate synthetic images depicting any individual, scene, or subject matter. The platform does not perform identity verification, facial recognition screening, consent validation, or rights clearance of any kind on reference images or AI-generated outputs. The absence of a platform-level restriction on a particular use does not constitute authorization or legal advice regarding that use.

User Sole Responsibility. You are solely and exclusively responsible for: ensuring you have all necessary rights and consents to use reference images as AI inputs; ensuring that AI-generated images do not violate any person's right of publicity, personality rights, privacy rights, or intellectual property rights; compliance with all applicable deepfake, synthetic media, and AI transparency laws in all jurisdictions where you or the depicted individuals are located; and any and all consequences arising from your creation, distribution, publication, or commercial use of AI-generated images produced through the Service.

Disclaimer and Limitation of Liability for AI-Generated Images. To the maximum extent permitted by applicable law: APEX provides AI image generation features "as is" and "as available," without any warranty of any kind, including warranties of non-infringement or that AI-generated images will not violate any third party's rights. APEX shall not be liable for any claims, damages, losses, costs, or expenses arising from your use of reference images, the creation of AI-generated images, or any third-party claims alleging violation of right of publicity, personality rights, copyright, trademark, privacy, defamation, or any other legal right in connection with AI-generated images created through the Service. You acknowledge that AI-generated images may unintentionally resemble real individuals, copyrighted works, or trademarked materials, and APEX shall not be liable for such unintentional resemblances.

Indemnification. You agree to indemnify, defend, and hold harmless APEX LAB SOLUTIONS LLC, its members, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your use of AI image generation features; reference images you upload to the Service; AI-generated images created at your direction; any allegation that AI-generated images created through your use of the Service infringe or violate any third party's rights; or your failure to obtain necessary consents, releases, or permissions. This indemnification obligation shall survive termination of these Terms.

9a.9 Content Moderation for AI-Generated Content

APEX reserves the right to remove, disable access to, or restrict any AI-generated image or reference image stored within the Service upon receiving a valid complaint, takedown request, or legal demand from a depicted individual, rights holder, or government authority, without prior notice to you and without incurring any liability to you. APEX also reserves the right, but is not obligated, to monitor, review, or screen reference images and AI-generated outputs for potential violations of these Terms or applicable law, and may refuse to process reference images or suspend access to AI image generation features at its sole discretion.

11.1 Termination by You

You may cancel your account at any time through the platform or by contacting support.

11.2 Suspension and Termination by APEX

We may suspend, restrict, or terminate your access to the Service, any Organization, or any individual user account, in whole or in part, immediately and without prior notice, if we reasonably believe that:

• You have violated these Terms, the Acceptable Use Policy (Section 7), or any applicable law
• Your account is involved in fraudulent, deceptive, abusive, or unlawful activity, or in activity that poses a security risk to the Service, other users, or third parties
• Payment for the Service is overdue, or a chargeback, payment dispute, or fraudulent payment instrument is detected
• Your continued use exposes APEX to legal, regulatory, reputational, or financial liability
• Suspension or termination is required by law, regulation, court order, or the request of a competent authority

Where practicable and not prohibited by law or the nature of the risk, we will provide notice and, at our discretion, an opportunity to cure. Termination for cause under this Section 11.2 does not entitle you to any refund, except where required by applicable law.

11.3 Termination for Convenience

APEX may terminate or decline to continue providing the Service to any user or Organization for any reason or no reason, upon at least thirty (30) days' prior notice. In the event of termination for convenience by APEX, we will refund any prepaid fees covering the remainder of the then-current billing period.

11.4 Registration and Right to Refuse Service

APEX reserves the right, at its sole discretion, to refuse, reject, or cancel any registration or account, and to deny the creation of any Organization, including where we detect duplicate accounts created to circumvent limits or prior enforcement, disposable or fraudulent contact details, or signals of risk, abuse, or non-genuine sign-up. Approval of a registration is not guaranteed and may be revoked.

11.5 Effect of Termination on Data

Upon termination or cancellation:

1. You may export your data through the platform's export features for a period of 30 days following cancellation.
2. After the 30-day export period, all personal data and Service Data associated with your account will be permanently deleted from our active systems.
3. Integration credentials and OAuth tokens are immediately revoked and deleted upon disconnection or termination.
4. Anonymized and aggregated data that cannot be attributed to any individual may be retained for product improvement.
5. Backup copies may persist in encrypted form for up to 90 days as part of our disaster recovery procedures, after which they are automatically purged.
6. Where an account is suspended or terminated for fraud or abuse, APEX may retain a limited record of the violation and associated identifiers as strictly necessary to prevent recurrence and to comply with legal obligations, on the basis of legitimate interest in fraud prevention.

11.6 Data Subject Rights Survive Termination

Suspension or termination of your account, whether for cause or for convenience, does not extinguish any data subject's statutory rights. Where APEX acts as Data Controller (see Section 12), individuals retain their rights of access, rectification, erasure, portability, objection, and restriction under applicable data protection laws (including the GDPR, the LGPD, and the CCPA/CPRA), and may exercise them by contacting privacy@mb-suite.com regardless of account status. Suspension or termination does not relieve APEX of its statutory data-protection and retention obligations, nor of the data return and deletion commitments set out in this Section 11 and the DPA.