Terms of Service

These Terms apply to the organisation (the "Customer") that has signed up for or is using ApexIQ WinCommand™. Individual users access the Service on behalf of their organisation and are bound by these Terms through their organisation's agreement.

1. Definitions

• "we" / "us": Apex Edge Sales Engineering, registered in England and Wales.
• "Customer" / "you": The company or organisation that has registered for and is using the Service.
• "User": An individual invited by the Customer to access the Service under the Customer's subscription.
• "Service": The ApexIQ WinCommand™ platform, including all modules (WinIndex™, WinEdge™, WinScore™), APIs, and associated features.
• "Customer Data": Deals, assessments, scores, and other records you create within the Service.

2. The Service

ApexIQ WinCommand™ is a B2B SaaS platform for Sales Engineering leaders and teams. It provides three scored assessment and execution tools:

• WinIndex™ - SE organisational maturity assessment
• WinEdge™ - deal execution scoring and tracking
• WinScore™ - bid and deal qualification scoring

Features available to you depend on your subscription plan. Plan features and limits are described in the application at /admin/billing/plans.

3. Account registration

To use the Service, you must register using a valid company email address. The following apply to account registration:

• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your credentials.
• You must not share login credentials or permit access by unauthorised individuals.
• You must promptly notify us of any unauthorised use of your account.
• One trial per company email domain. We reserve the right to refuse trial access to domains that have previously held a trial.
• Free email providers (Gmail, Yahoo, Hotmail, etc.) are not permitted - a company email address is required.

4. Trial

New Customers may access a free 14-day trial of the Service. Trial accounts are subject to the following:

• One trial per company - determined by email domain.
• No credit card required during the trial period.
• Trial plans have restricted module usage limits as described in the application.
• WinIndex™ is not available during the trial.
• Apex Edge Sales Engineering reserves the right to refuse, limit, or terminate trials at its sole discretion.
• Trial data is retained for 30 days after trial expiry and then permanently deleted if no subscription is taken out.

5. Subscription and payment

Subscriptions are offered on flat-rate tenant pricing (one price covers your entire team, not per seat). By subscribing:

• You authorise us to charge the stated subscription fee via Stripe using the payment method you provide.
• Annual subscriptions are billed upfront and are non-refundable except as required by applicable law.
• Monthly subscriptions (available on Team and Growth plans only) require a minimum 3-month commitment. You may cancel at any time, but the subscription remains active until the end of the current billing period, and the minimum commitment period must be honoured.
• Scale and Enterprise plans are annual only.
• Enterprise pricing is contracted offline; these Terms apply to any such contracts unless superseded by a separate Order Form.
• Apex Edge Sales Engineering reserves the right to change prices on 30 days' notice. Price changes take effect at your next renewal.
• Failed payments may result in suspension of the Service. We will notify you promptly and provide a period to resolve the payment failure.

6. Usage limits

Each subscription plan has usage limits for modules (WinIndex™ assessments, WinEdge™ active deals, WinScore™ Deal and Bid records). These limits are enforced by the Service. You may purchase extension packs to increase limits within your plan period.

Current limits for your plan are always visible within the application at /admin/usage.

7. Acceptable use

You must not use the Service to:

• Violate any applicable law or regulation.
• Attempt to reverse-engineer, decompile, or extract the scoring methodology, algorithms, or coaching content embedded in the Service.
• Resell, sublicense, or provide access to the Service to any party outside your organisation without written consent from Apex Edge Sales Engineering.
• Circumvent, disable, or interfere with security features or access controls.
• Upload or transmit malicious code, viruses, or harmful content.
• Attempt to access another Customer's data.
• Use the Service to process data that you are not legally permitted to process.
• Impersonate any person or organisation, or misrepresent your affiliation.

Breach of this clause may result in immediate suspension or termination of your account without refund.

8. Intellectual property

All scoring algorithms, maturity frameworks, assessment criteria, coaching guidance, question sets, and methodology embedded in the Service are the exclusive intellectual property of Apex Edge Sales Engineering. No rights in this IP are transferred to you by use of the Service. You may not copy, reproduce, or reverse-engineer any part of the methodology.

Customer Data (deals, assessments, scores, and records you create) remains your property. You grant Apex Edge Sales Engineering a limited, non-exclusive licence to process Customer Data for the sole purpose of providing the Service to you.

The names ApexIQ™, WinCommand™, WinIndex™, WinEdge™, and WinScore™ are trademarks of Apex Edge Sales Engineering. You may not use these marks without our prior written consent.

9. Data processing

By accepting these Terms, you also enter into the Data Processing Addendum (DPA) available at /legal/dpa, which governs how Apex Edge Sales Engineering processes personal data on your behalf. The DPA is incorporated into and forms part of these Terms.

Apex Edge Sales Engineering will process personal data in accordance with its Privacy Policy and the DPA.

10. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law. Confidential information includes:

• For Apex Edge Sales Engineering: its pricing, methodology, algorithms, and product roadmap.
• For the Customer: its Customer Data, business strategies, and deal information.

This obligation survives termination of these Terms for a period of 3 years.

11. Availability and changes

Apex Edge Sales Engineering will use commercially reasonable efforts to maintain high availability of the Service. We do not provide a guaranteed uptime SLA in standard plans (SLAs are available in Enterprise contracts).

We may modify or discontinue features of the Service with 30 days' notice for material changes. We may make minor updates, improvements, or bug fixes at any time without notice.

12. Limitation of liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
• We are not liable for: loss of profits, loss of revenue, loss of data, loss of business opportunity, indirect, consequential, special, or incidental losses, even if advised of the possibility of such losses.
• Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.

13. Indemnity

You agree to indemnify and hold harmless Apex Edge Sales Engineering and its officers, directors, and employees from any third-party claims, damages, or expenses (including reasonable legal fees) arising from:

• Your use of the Service in breach of these Terms.
• Customer Data that infringes any third-party intellectual property or privacy right.
• Your violation of any applicable law.

14. Termination

Either party may terminate these Terms with 30 days' written notice to the other party. Apex Edge Sales Engineering may terminate or suspend the Service immediately and without notice in the event of:

• Material breach of these Terms (including non-payment and acceptable use violations).
• Suspected fraud, illegal activity, or misuse of the Service.
• A court or regulatory order requiring termination.

On termination: your access to the Service ceases immediately. Tenant administrators should export Customer Data before termination takes effect using the export centre. After termination, all Customer Data is permanently deleted. Fees paid are non-refundable except as required by applicable law.

15. Force majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond that party's reasonable control, including acts of God, government action, pandemic, or internet infrastructure failure.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where applicable consumer law provides otherwise.

We encourage you to contact us first to resolve any dispute informally at contact@apexedgesalesengineering.com.

17. General

• These Terms (including the DPA and Privacy Policy) constitute the entire agreement between you and Apex Edge Sales Engineering regarding the Service.
• If any provision is found unenforceable, the remainder of the Terms continues in full force.
• Our failure to enforce any provision is not a waiver of that provision.
• You may not assign or transfer these Terms without our prior written consent. Apex Edge Sales Engineering may assign these Terms in connection with a merger or acquisition.
• Notices should be sent to contact@apexedgesalesengineering.com.