Terms of Service

The Platform and Its Services

Apex Annuities provides two categories of service to licensed professionals:

Marketing Services: Lead generation programs that connect independent licensed insurance producers with retirement-focused consumers who have expressed interest in learning about their retirement planning options. Lead generation is conducted through consumer-facing platforms operated separately by LinkPath LLC. Apex Annuities does not conduct consumer-facing advertising under the Apex Annuities name.

Professional Resource Platform: Tools, documentation, process resources, and operational infrastructure to support independent producers in managing consumer relationships generated through our lead generation programs.

Platform access is subject to professional qualification review and approval by LinkPath LLC. All platform services and obligations are with LinkPath LLC as the operating entity doing business as Apex Annuities.

Eligibility and Platform Access

To access and use the Apex Annuities platform, you must:

• Be a licensed independent insurance producer in good standing in your state(s) of operation, or an authorized representative of an IMO with active producer relationships
• Be at least 18 years of age with legal authority to enter into binding agreements
• Maintain all professional licenses, errors and omissions (E&O) insurance, and certifications required by applicable law throughout your use of the platform
• Agree to operate in full compliance with all applicable laws, regulations, and professional standards governing your licensed activities

LinkPath LLC reserves the right to verify professional credentials and license status at any time. Misrepresentation of credentials or eligibility is grounds for immediate termination of platform access without refund.

Independent Contractor Relationship

Your use of the Apex Annuities platform does not create an employment, agency, partnership, joint venture, or franchise relationship between you and Apex Annuities or LinkPath LLC. You are an independent professional or business entity. This relationship is strictly that of a service provider and a professional subscriber.

You are solely responsible for your own professional conduct, client relationships, regulatory compliance, licensing obligations, tax obligations, and all business operations conducted in connection with your use of this platform.

You may not represent yourself to consumers, the public, or any regulatory body as an employee, representative, or affiliate of Apex Annuities or LinkPath LLC. In all consumer-facing communications, you must clearly identify yourself as an independent licensed professional, consistent with applicable law including California Insurance Code requirements.

Nature of Platform Services — No Financial Services

Apex Annuities provides marketing services and a professional resource platform only. By using this platform, you acknowledge and agree that:

• Apex Annuities does not provide financial advice, investment advice, insurance advice, or recommendations of any kind regarding any financial or insurance product
• Apex Annuities does not hold any insurance license, investment advisor registration, broker-dealer license, or any other financial services license
• Any resources, documentation, or operational guidance provided through this platform are for professional use by licensed producers only and do not constitute financial, legal, or compliance advice
• You are solely responsible for the advice, recommendations, and professional services you provide to consumers, including ensuring all recommendations meet applicable suitability, fiduciary, and regulatory standards
• The name "Apex Annuities" is a marketing designation reflecting the professional market served and does not indicate that Apex Annuities or LinkPath LLC holds any license or authorization to sell, advise on, or solicit annuity or insurance products

Lead Delivery and Use

Consumer contact information delivered through the Apex Annuities platform ("leads") is provided to enable you to respond to a consumer's expressed interest in retirement planning information.

• Permitted use: Leads are provided for your professional use only. They may not be resold, transferred, shared, or distributed to any third party without express written consent from LinkPath LLC.
• Legal compliance: You must contact consumers in accordance with all applicable laws, including TCPA, CCPA, California Insurance Code, and all applicable state regulations governing insurance professional communications.
• Opt-out obligations: You must honor consumer opt-out requests promptly. Any consumer requesting to stop contact must be flagged Do Not Contact in your systems within 24 hours.
• Professional conduct: You must not use deceptive, misleading, high-pressure, or abusive tactics in consumer communications. Such conduct is grounds for immediate termination.
• Dispute window: Lead quality concerns must be submitted in writing within the timeframe specified in your service agreement. Disputes submitted outside that window are not eligible for credit or replacement.
• No conversion guarantee: LinkPath LLC does not guarantee that any lead will result in a completed sale or client relationship.

Fees and Payment Terms

Access to the Apex Annuities platform and lead delivery services is subject to fees as outlined in your individual service agreement or as communicated by LinkPath LLC at the time of platform enrollment.

• Standard payment terms are Net 30 from invoice date unless otherwise specified in writing
• Accounts with past-due balances may have lead delivery paused or terminated until resolved
• Fees are subject to change with reasonable advance written notice. Continued use constitutes acceptance of updated fees.
• All fees are non-refundable except where expressly stated in your service agreement or required by applicable law

Questions about billing or payment terms: [email protected]

Your Professional Compliance Obligations

You are solely responsible for ensuring all professional activities conducted in connection with leads or relationships generated through this platform comply with applicable laws and regulations, including:

• California Insurance Code, including § 787 and SB 263 requirements governing annuity sales involving seniors
• The Telephone Consumer Protection Act (TCPA) and applicable FCC regulations
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• All state insurance regulations in every jurisdiction where you are licensed and operating
• FINRA regulations, where applicable to your practice
• All applicable suitability and fiduciary standards

LinkPath LLC does not provide legal or compliance advice. Any guidance or resources provided through the platform are informational only and do not constitute legal advice. You are responsible for consulting your own legal and compliance counsel.

Platform Rules and Conduct

As a condition of platform access, you agree not to:

• Misrepresent your professional credentials, license status, or practice to LinkPath LLC or to consumers
• Use platform resources, consumer information, or the Apex Annuities name in any manner that violates applicable law or professional standards
• Engage in deceptive, misleading, or abusive practices with consumers
• Resell, share, or transfer consumer contact information to any third party
• Attempt to circumvent, reverse-engineer, or interfere with platform systems or security measures
• Use the Apex Annuities name, brand, or materials in your own marketing without express written permission from LinkPath LLC
• Represent yourself to consumers or the public as an employee, agent, or representative of Apex Annuities or LinkPath LLC
• Engage in conduct that reflects negatively on the Apex Annuities platform or LinkPath LLC's reputation

Violation of these standards is grounds for immediate termination of platform access at LinkPath LLC's sole discretion, with or without advance notice.

Intellectual Property

All content, materials, branding, documentation, systems, and technology associated with the Apex Annuities platform — including the Apex Annuities and LinkPath LLC names and marks, platform documentation, training materials, process resources, and any proprietary methodology — are the intellectual property of LinkPath LLC and protected by applicable law.

Your platform access does not grant you any ownership rights or license to use LinkPath LLC's intellectual property outside the normal operation of your platform account. You may not reproduce, distribute, adapt, or create derivative works from any LinkPath LLC materials without express written permission.

Disclaimers and Limitations of Liability

The Apex Annuities platform and all associated services are provided "as is" and "as available" without warranty of any kind, express or implied. LinkPath LLC does not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

LinkPath LLC makes no representations or warranties regarding the outcome of any consumer engagement, including conversion rates, sales results, or client retention. Nothing in this platform or these Terms constitutes financial, legal, insurance, or investment advice.

To the fullest extent permitted by applicable law, LinkPath LLC's total liability to you for any claims arising from your use of the platform shall not exceed the total fees paid by you to LinkPath LLC in the three months immediately preceding the claim. LinkPath LLC shall not be liable for any indirect, incidental, consequential, or punitive damages.

Indemnification

You agree to indemnify, defend, and hold harmless Apex Annuities, LinkPath LLC, and their respective members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the platform or any leads obtained through it
• Your professional activities with consumers generated through the platform
• Your violation of these Terms of Service
• Your violation of any applicable law or professional regulation
• Any misrepresentation made by you to consumers, regulators, or to LinkPath LLC
• Any claim by a consumer, regulator, or third party arising from your professional conduct

Term and Termination

These Terms remain in effect for the duration of your platform relationship with LinkPath LLC. Either party may terminate with reasonable written notice. LinkPath LLC may terminate or suspend platform access immediately, without advance notice, for violation of these Terms, professional misconduct, non-payment, loss of required licensure or E&O insurance, or any conduct determined to be harmful to consumers, the platform, or the Apex Annuities brand.

Upon termination, your platform access ceases immediately. Sections relating to intellectual property, indemnification, limitations of liability, consumer data obligations, and dispute resolution survive termination. Any outstanding fees remain due and payable in full.

Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. Any dispute shall first be addressed through good-faith written negotiation. If unresolved within 30 days, the parties agree to binding arbitration in Sacramento County, California, under the rules of the American Arbitration Association. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

You waive any right to participate in a class action lawsuit or class-wide arbitration in connection with any dispute arising from these Terms or your use of the platform.

Modifications to These Terms

LinkPath LLC may update these Terms to reflect changes in our platform, services, or applicable law. We will update the "Last updated" date at the top of this page and notify active platform users via email. Continued use of the platform after updated Terms are posted constitutes acceptance. If you do not agree to updated Terms, you must discontinue use and notify us in writing at [email protected].

Contact Information

For questions about these Terms of Service, platform access, or your professional relationship with Apex Annuities: