Terms & Conditions

These Terms & Conditions (“Terms”) govern all purchases of Apex Red Light Therapy products and related equipment (the “Products”) made by any purchaser (“Buyer”) from Apex Red Light Therapy, LLC (“Apex,” “we,” “us,” or “our”).

By placing an order, Buyer agrees to these Terms in full. These Terms supersede all prior agreements, oral or written, and constitute the complete and exclusive understanding between Apex and Buyer.

These Terms & Conditions (“Terms”) govern all purchases of Apex Red Light Therapy products and related equipment (the “Products”) made by any purchaser (“Buyer”) from Apex Red Light Therapy, LLC (“Apex,” “we,” “us,” or “our”).

By placing an order, Buyer agrees to these Terms in full. These Terms supersede all prior agreements, oral or written, and constitute the complete and exclusive understanding between Apex and Buyer.

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1. PRODUCT REGULATORY STATUS

1.1 FDA Registration.
Apex Red Light Therapy devices are registered with the U.S. Food and Drug Administration (FDA) under Title 21 CFR Part 807 as Class II general wellness devices. FDA registration confirms compliance with applicable manufacturing and labeling requirements but does not constitute FDA “approval” or “clearance.”

1.2 Intended Use.
Apex Products are designed to promote wellness, enhance recovery, and support healthy function through photobiomodulation (red and near-infrared light). They are not intended to diagnose, treat, cure, or prevent any disease. Apex strictly complies with FDA guidelines regarding marketing and labeling.

1.3 Responsibility of Buyer.
Buyer agrees not to market, represent, or use Apex Products for unapproved medical treatment or diagnostic purposes. Buyer is responsible for compliance with all applicable laws, regulations, and licensing requirements related to installation or resale.

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2. ORDERS, ACCEPTANCE, AND PAYMENT

2.1 Order Placement.
All orders must be submitted in writing via Apex’s official purchase form, email confirmation, or approved sales portal.

2.2 Acceptance.
Orders are subject to Apex’s written acceptance. Apex reserves the right to decline any order or modify timelines as necessary due to supply chain or manufacturing conditions.

2.3 Pricing & Taxes.
Quoted prices are valid for thirty (30) days unless otherwise stated. Prices exclude taxes, duties, or shipping, which will be added to the invoice. Buyer is responsible for any local taxes not collected at the time of sale.

2.4 Payment Terms.
• Payment is due in full prior to shipment unless otherwise approved in writing.
• Financing, if offered, is through approved third-party lenders.
• Late payments accrue interest at 1.5% per month or the maximum permitted by law.

2.5 Title & Security Interest.
Title passes to Buyer upon full payment. Until paid in full, Apex retains a purchase-money security interest and may file a UCC-1 financing statement. Buyer authorizes such filings.

2.6 No Setoff or Chargebacks.
Buyer shall not withhold or reverse payments by chargeback or offset.

2.7 Collection Costs.
Buyer shall reimburse Apex for reasonable collection costs, including attorney and agency fees, in the event of non-payment.

2.8 Estimated Delivery.
Any quoted production or delivery dates are estimates only. Apex is not liable for delays beyond its reasonable control.

2.9 Product Changes.
Apex may make non-material design improvements without notice. Cosmetic variations that do not affect function are not defects.

2.10 Electronic Signatures.
Electronic communications and signatures have the same legal effect as originals.

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3. DELIVERY, SHIPPING, AND INSTALLATION

3.1 Delivery Method.
Apex ships products FOB Origin, meaning risk of loss transfers to Buyer once the product leaves Apex’s facility. Apex may assist in arranging freight but is not liable for carrier delays or damage during transit.

3.2 White Glove Delivery Service (Optional).
For Buyers choosing Apex’s White Glove Service, Apex’s certified technicians will:
• Deliver the bed to Buyer’s premises.
• Handle setup, assembly, and calibration.
• Conduct a walk-through of operation, controls, and presets.
• Remove all packaging and leave the installation area clean.

Electrical Responsibility. Buyer is solely responsible for installing and providing a dedicated 220-volt, 40-amp power source. Apex holds no liability for electrical installation, code compliance, or certification. Buyer must ensure all outlets meet local, state, and federal electrical and FDA safety standards.

3.3 Access, Fit, and Environment.
Buyer must ensure adequate space, doorway clearance, load-bearing capacity, ventilation, and power readiness before delivery. Apex is not responsible for structural modifications, rigging, or delays caused by insufficient access.

3.4 Access & Re-Delivery.
If delivery or installation cannot be completed due to inadequate access or non-compliant power, Buyer will bear any storage, wait-time, and re-delivery fees.

3.5 No Structural Modifications.
White Glove Service excludes structural work, carpentry, or crane/rigging.

3.6 Connectivity.
Buyer must provide a stable internet connection for any remote diagnostics or updates; Apex is not responsible for network outages.

3.7 Inspection and Acceptance.
Buyer must inspect upon delivery and report visible damage in writing within 48 hours. Failure to do so constitutes full acceptance.

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4. WARRANTY

4.1 Coverage.
Apex provides an industry-leading six (6)-year bumper-to-bumper warranty covering defects in materials, workmanship, and LED performance under normal use.

4.2 Includes: LEDs, power boards, tablet interface, frame, power supply, and cooling system.

4.3 Exclusions: Misuse, neglect, improper setup, unauthorized repairs, cosmetic wear, environmental damage, or third-party parts.

4.4 Start of Warranty.
Begins on commissioning sign-off or 30 days after shipment, whichever occurs first.

4.5 Authorized Service.
Warranty applies only when serviced with Apex-approved parts by Apex or authorized technicians.

4.6 Consumables.
Accessories (goggles, cords, external tablets) carry 90-day coverage.

4.7 Claims Procedure.
Warranty claims must be submitted in writing within 30 days of discovery following Apex’s RMA procedure.

4.8 Remedies.
Apex may repair, replace, or refund the product value at its discretion.

4.9 Shipping Costs.
Apex covers shipping during the first year; thereafter Buyer covers unless under extended plan.

4.10 No Uptime Guarantee.
Apex does not warrant uninterrupted operation or continuous uptime.

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5. RETURNS & CANCELLATIONS

5.1 Custom Orders.
Custom-built units cannot be canceled after production begins.

5.2 Cancellations Before Shipment.
Orders canceled before shipment forfeit their deposit ($5,000 or current deposit rate).

5.3 Returns After Delivery.
Returns are not accepted after delivery except under warranty or as required by law.

5.4 Storage for Buyer Delays.
If Buyer postpones delivery or site is not ready within 10 days of notice, Apex may assess storage and handling fees.

5.5 Refunds & Access Constraints.
Refunds will not be issued due to size, weight, or access limitations preventing delivery or placement.

5.6 Refund Processing.
Approved refunds process within 14 business days to the original payment method.

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6. LIMITATION OF LIABILITY

6.1 Fit Responsibility.
Buyer is solely responsible for confirming the bed fits into its intended location. Apex will not issue refunds or returns for size, weight, or access issues.

6.2 No Indirect or Penalty Damages.
Apex is not liable for incidental, consequential, liquidated, or penalty damages including lost profits, downtime, or business opportunity.

6.3 Aggregate Cap.
Total liability shall not exceed the purchase price of the Product giving rise to the claim.

6.4 Third-Party Integration.
Apex disclaims liability for third-party software, apps, or accessories used with the Product.

6.5 Disclaimer of Implied Warranties.
Except as expressly stated, all implied warranties (merchantability, fitness, etc.) are disclaimed to the fullest extent permitted by law.

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7. COMPLIANCE, SAFETY & INSTALLATION

7.1 Electrical & Safety.
Buyer must install and operate the Product per Apex manuals, electrical codes, and FDA labeling. Apex is not liable for code compliance or installation.

7.2 Resale.
Resellers must accurately describe devices as FDA-registered general wellness products, not medical devices.

7.3 Maintenance.
Buyer must follow all maintenance schedules to keep warranty valid.

7.4 Export Compliance.
Buyer shall comply with all export-control and sanctions laws.

7.5 Recalls / Field Actions.
Buyer agrees to cooperate with any safety notices, corrections, or recalls.

7.6 No Medical Advice.
Apex does not provide medical advice; all information is for general educational use only.

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8. SOFTWARE AND DATA

8.1 Software License.
Any embedded firmware or software is licensed, not sold, for use only with the Product. Reverse engineering or sublicensing is prohibited.

8.2 Device Data.
Apex may collect de-identified performance data for quality improvement. No personal health data is collected unless separately agreed.

8.3 Connectivity.
Buyer must maintain adequate internet connectivity for updates or diagnostics.

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9. INDEMNIFICATION

Buyer shall indemnify and hold harmless Apex, its officers, employees, and affiliates against all claims, damages, and expenses arising from misuse, electrical setup, unauthorized marketing, or breach of these Terms.

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10. INTELLECTUAL PROPERTY

All designs, schematics, and trademarks associated with Apex Products are the exclusive property of Apex Red Light Therapy, LLC. Buyer may not copy, rebrand, or reproduce them without written consent.

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11. FORCE MAJEURE

Apex is not liable for delays or failures caused by events beyond its control, including natural disasters, material shortages, or governmental actions.

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12. GOVERNING LAW & DISPUTE RESOLUTION

12.1 Governing Law.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules.

12.2 Arbitration.
Disputes shall be resolved by binding arbitration in Miami-Dade County, Florida, under the AAA rules. Judgment may be entered in any court of competent jurisdiction.

12.3 Attorneys’ Fees.
The prevailing party is entitled to reasonable attorneys’ fees and costs.

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13. CONFIDENTIALITY & PUBLICITY

Contract pricing and technical documentation are Apex Confidential Information. Buyer permits Apex to reference its name and logo in marketing unless Buyer opts out in writing.

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14. GENERAL PROVISIONS

• Entire Agreement: These Terms and the related invoice constitute the full agreement.
• Modifications: Must be in writing and signed.
• Assignment: Buyer may not assign without Apex’s consent.
• Notices: Deliver to address below or certified email.
• Severability: Invalid provisions are replaced with enforceable ones.
• Survival: Payment, warranty limits, IP, indemnity, and dispute clauses survive completion.
• Controlling Language: English version controls.
• Proposition 65 (If Applicable): Buyer acknowledges receipt of any California Prop 65 warnings.

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15. CONTACT INFORMATION

Apex Red Light Therapy, LLC
1800 W 68th Street, Hialeah, Florida 33014
1-855-273-3233
info@apexredlighttherapy.com
www.apexredlighttherapy.com

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CUSTOMER ASSURANCE STATEMENT

Apex Red Light Therapy stands for excellence, innovation, and integrity. Every Apex bed is engineered with precision, tested for safety, and supported by a six-year warranty — ensuring your investment performs at the highest commercial standard.
Your success and confidence are our top priorities.