Terms of Service
& Privacy Policy
APEX Performance OS  ·  Last updated: May 26, 2026  ·  Effective immediately

APEX is a performance tracking tool. Your data belongs to you. We store it securely, we don't sell it, and you can delete it anytime. We provide information only — never medical advice. By using APEX you agree to these terms.

1. Acceptance of Terms

By accessing or using APEX Performance OS ("APEX," "the Service," "we," "us"), operated by Nicholas Depietro LLC, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

We may update these terms at any time. Continued use of APEX after changes constitutes acceptance of the updated terms. We will notify users of material changes via email or in-app notification.

2. Description of Service

APEX Performance OS is a software-as-a-service platform that enables users to track athletic performance data including but not limited to:

APEX uses artificial intelligence to analyze and summarize user-provided data. AI-generated insights are informational only and do not constitute medical, legal, or professional advice.

3. Medical Disclaimer

APEX is not a medical service. Nothing on this platform constitutes medical advice, diagnosis, or treatment. AI-generated insights, bloodwork analysis, and all other content are for informational and tracking purposes only. Always consult a qualified healthcare provider before making decisions about your health, medications, or supplements. APEX expressly disclaims any liability for actions taken based on information provided by the platform.

3A. Performance-Enhancing Substances Disclaimer

Critical notice regarding PED-related content: APEX may display information related to performance-enhancing drugs (PEDs), anabolic steroids, peptides, and other compounds including injection protocols, dosing schedules, and cycle tracking. All such content is strictly hypothetical and for informational purposes only.

Specifically, you acknowledge and agree that:

By using the PED-related features of APEX you expressly acknowledge that you are logging hypothetical or self-administered data for personal tracking purposes only, that APEX bears no responsibility for any health outcomes, and that you waive any claim against APEX related to information displayed in connection with these features.

4. User Accounts

You must provide a valid email address to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must be at least 18 years of age to use APEX. By creating an account you represent that you meet this requirement.

We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or use the service for unlawful purposes.

5. Acceptable Use

You agree not to:

6. Subscription and Billing

Free Tier

APEX offers a free tier with limited functionality including 1 bloodwork parse per month, 10 AI messages per month, and up to 10 progress photos. Free tier features may change at our discretion with notice.

Pro Subscription

Pro subscriptions are billed at $35/month or $350/year. Subscriptions automatically renew unless cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period with no partial refunds.

Payment Processing

Payments are processed by Stripe, Inc. APEX does not store your payment card information. By subscribing you agree to Stripe's terms of service. Prices are in USD and subject to applicable taxes.

Refunds

We offer a 7-day refund on your first Pro subscription if you are unsatisfied. Contact us at apex.tracker.co@gmail.com within 7 days of your first charge. Annual subscriptions are refundable within 14 days of purchase.

7. Your Data

Ownership

Your data belongs to you. By uploading content to APEX you grant us a limited license to store, process, and display that content solely for the purpose of providing the Service to you. We do not claim ownership of your data.

Data Export

You may request a full export of your data at any time by contacting apex.tracker.co@gmail.com. We will provide your data in a standard format within 30 days.

Account Deletion

You may delete your account at any time from the Settings menu or by contacting us. Account deletion results in permanent removal of all your data within 30 days. This action cannot be undone.

8. Privacy Policy

Information We Collect

We collect information you provide directly:

We automatically collect:

How We Use Your Information

We Do Not Sell Your Data

APEX does not sell, rent, or share your personal or health data with third parties for advertising or commercial purposes. Period.

Third-Party Services

APEX uses the following third-party services:

Data Security

We implement industry-standard security measures including encryption in transit (TLS) and at rest. However, no method of transmission over the internet is 100% secure. We cannot guarantee absolute security.

Health Data

APEX handles sensitive health information. We treat all health data with the highest level of care. We do not share health data with any third party except as required to provide the service (e.g., passing data to Anthropic's API for AI analysis, which does not retain or train on your data).

Cookies

APEX uses essential cookies for authentication and session management. We do not use advertising or tracking cookies.

9. AI-Generated Content

APEX uses Claude (Anthropic) to generate insights from your data. You understand and agree that:

10. Intellectual Property

APEX Performance OS, including its software, design, branding, and content (excluding user data), is the proprietary property of its founders. "APEX Performance OS™" is a trademark. You may not use these marks without written permission.

You retain all rights to your own data and content uploaded to the platform.

11. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

IN NO EVENT SHALL APEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Hillsborough County, Florida.

13. Contact

For questions about these Terms or your data: