1. These terms are part of the Agreement

These terms supplement the Terms of Service and the DPA. They apply whenever you use a feature that generates, ranks, predicts, or recommends using machine learning, including beliefs, scoring, the advisor, generated communication copy, experiment suggestions, and industry benchmarks.

2. Two layers

Service Improvement (on by using the Service). Apex processes Customer Data to provide and improve models, scoring, beliefs, and recommendations. Outputs that stay inside Apex, and that do not identify you or an End User to another merchant, are Derived Data that Apex owns. This is how Apex gets better at the work you hired it to do.

Data Co-op (off until you enable it). If you turn the Data Co-op on in workspace settings, Apex may include the de-identified categories listed there (today: hashed advertising performance summaries) in a cross-merchant pool and may show you industry benchmarks drawn from that pool. New categories do not contribute until they are listed in those settings. If you leave the Co-op off, you keep in-workspace intelligence. You do not receive Co-op benchmarks. There is no price penalty.

3. Your instructions

By using an AI or ML feature you instruct Apex to process the inputs that feature requires, including experiment metadata, journey structure, aggregated performance, and (where the feature needs it) limited Customer Data. You warrant that you have the rights to give that instruction.

Do not paste secrets, card numbers, health information, or children’s data into prompts or generated fields.

4. Third-party inference

Some features call a listed inference sub-processor. Apex does not grant those providers a right to train their foundation models on your inputs. Their acceptable-use rules also apply. The current providers are on /legal/sub-processors.

5. No reliance warranty

Outputs are probabilistic. They can be wrong, incomplete, or outdated. Apex does not warrant lift, revenue, or legal compliance of a recommendation. You decide what to ship, send, or spend, and you indemnify Apex for those decisions as stated in the Terms.

6. Enterprise overrides

An Order Form may disable the Data Co-op, require a private model, or specify a processing region. Those terms control for that account.