Terms of Service

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between APEX HAUS LLC, specifically the subsidiary Solomain Consulting (“Solomain”), and the client, whether personally or on behalf of an entity (“Client”). This Agreement pertains to the access and use of Solomain Consulting’s website and all digital resources provided by Solomain Consulting. By accessing or using our services, you agree to abide by this Agreement. Failure to adhere to any of the terms, conditions, and obligations will result in the termination of Client’s access to our services.

1. Intellectual Property Rights

Unless specified, the website and all its digital resources are the property of Solomain. All content including but not limited to codes, databases, graphics, text, and designs (collectively the “Content”), and the logos, symbols, and trademarks therein (the “Marks”) are owned and controlled by Solomain. These are protected under U.S. copyright, trademark, and other applicable intellectual property laws. Except as specifically mentioned, no part of our resources may be used, copied, or distributed without prior written consent from Solomain.

2. Ownership of Deliverables

While Solomain retains ownership of methodologies and strategies, the final deliverables and digital solutions created on behalf of the Client belong exclusively to the Client. If, for any reason, the ownership of any deliverable inadvertently rests with Solomain, we shall unconditionally transfer its rights back to the Client. Client confirms that all materials provided to Solomain are their property and do not breach any third-party rights. Solomain retains the right to showcase Client projects for promotional purposes unless explicitly stated otherwise.

3. Third-Party Tools

Should any project incorporate tools, plugins, or software not owned by Solomain and requiring licenses, Solomain will inform the Client. The responsibility to purchase the requisite licenses for such tools rests with the Client.

4. User Representations

By accessing Solomain’s services, the Client affirms their legal competence to enter into this Agreement, confirms they are not a minor, will not use automated methods to access our services, will use our services for lawful purposes, and will not breach any laws or regulations.

5. Prohibited Activities

Clients are strictly prohibited from unauthorized uses of our services, including but not limited to data mining, unauthorized linking, security breaches, interference with our operational services, competing with Solomain using our own resources, reverse engineering our software, and introducing malware.

6. Client Feedback

Any feedback provided by the Client becomes Solomain’s property. While we appreciate feedback, we are under no obligation to maintain its confidentiality. Solomain retains exclusive rights to use this feedback as deemed fit.

7. Management and Oversight

Solomain retains the authority to monitor the website for violations and enforce necessary legal actions. We reserve the right to restrict access to our website and services. Decisions regarding website management remain at Solomain’s discretion, ensuring the protection of our rights and assets.

8. Privacy Policy

Clients using our services agree to our Privacy Policy. Our services are hosted in the U.S., and Clients accessing from outside the U.S. acknowledge potential differences in data protection laws. Solomain prioritizes user data protection and does not knowingly solicit data from individuals below the age of 18.

9. Returns and Refunds

Solomain evaluates refund requests on a case-by-case basis. If a refund is granted within the first month, all materials and digital solutions produced by Solomain are considered Solomain’s property and cannot be used by the Client. Approved refunds may incur a 25% administrative fee. Any misuse or breach by the Client may prompt legal action.

10. Modification

Solomain reserves the right to modify its website, resources, and terms of service. Clients will be notified of significant changes, but we suggest regularly reviewing our terms for updates.

11. Connection Interruptions

Solomain does not guarantee that our platform will be available and accessible at all times. Interruptions due to hardware, software, or other factors may lead to delays or errors beyond Solomain’s control. The Client acknowledges that Solomain shall not be held responsible for any loss, damage, or inconvenience resulting from the Client’s inability to access or use the platform during any service disruption.

12. Governing Law

These Terms of Service shall be governed by and interpreted in line with the laws of the State of Maryland, without giving effect to any conflict of law principles.

13. Litigation

Legal actions shall be filed in the state courts of Baltimore County, Maryland, or in the United States District Court for the District of Maryland. All parties consent to the jurisdiction of these courts and waive any defenses related to jurisdiction or venue. These Terms of Service exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act.

14. Disclaimer

Solomain provides its platform on an as-is and as-available basis. The Client acknowledges that they use the platform at their sole risk. Solomain disclaims all warranties, either expressed or implied, related to the platform, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Solomain offers no guarantees concerning the accuracy or completeness of the platform’s content or of content on linked sites. The company will not be responsible for any unauthorized access to secure servers, data breaches, transmission interruptions, or electronic threats received through the platform.

15. Limitations of Liability and Indemnification

Neither Solomain nor its parent company, Apex Haus LLC, including its directors, employees, or agents, shall be liable for direct or indirect damages arising from the Client’s use of the platform. The Client agrees to defend and indemnify Solomain, Apex Haus LLC, and associated parties against claims resulting from (1) platform usage, (2) violation of these Terms of Service, (3) infringement upon third-party rights. Solomain reserves the right to lead its defense concerning such claims.

16. User Data

The Client is solely responsible for any data they transmit or actions they undertake using the platform. Solomain is not liable for any loss or corruption of such data, and the Client relinquishes any claims against Solomain concerning such issues.

17. Electronic Communications, Transactions, and Signatures

The Client consents to electronic interactions with Solomain and agrees that electronic agreements and communications satisfy legal written requirements. The Client also agrees to electronic transactions and signatures.

18. Showcasing Consulting Work

Solomain reserves the right to highlight consulting work on digital platforms unless otherwise agreed upon. The Client may provide an NDA to prevent Solomain from publicly sharing or discussing their projects.

19. Referrals

Referral management and associated compensations are coordinated through our third-party associate, Rewardful.com.

20. Miscellaneous

These Terms of Service, combined with any posted policies concerning the platform, represent the entire agreement between the Client and Solomain. If any provision is deemed unlawful or unenforceable, it will be severed without affecting the remaining provisions. Nothing herein establishes a joint venture, partnership, employment, or agency relationship between the Client and Solomain.

21. Contact Information

For inquiries or concerns about the platform, please reach out to Solomain at: support@solomain.com

Last Updated: September 22, 2023.

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