Terms of Service – Apollo Phoenix Ventures

  PLEASE READ THESE TERMS CAREFULLY. By accessing or using Apollo Companion, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access or use the platform. These Terms include an arbitration clause and class action waiver in Section 18.

1. Acceptance and Parties

1.1 These Terms govern your access to and use of Apollo Companion, including all associated features, mobile and web interfaces, APIs, and community services (collectively, the "Platform"), operated by Apollo Phoenix Ventures LLC ("Company," "we," "us," or "our"), a Texas limited liability company doing business as Apollo Racing.

1.2 By creating an account, accessing the Platform, or accepting a beta invitation, you ("User" or "you") agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

1.3 If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

2.1 You must be at least 16 years of age to use the Platform. Users under 13 are not permitted under any circumstances in compliance with COPPA. Users who indicate they are 13–15 during the in-app age verification step are denied access and signed out immediately.

2.2 By using the Platform, you represent that you are not (a) prohibited from using the Platform under applicable law, (b) previously banned by the Company, or (c) on any government restricted-party list.

3. Accounts and Authentication

3.1 Discord OAuth. Apollo Companion uses Discord's OAuth 2.0 authentication system for account creation and login. By connecting your Discord account, you authorize the Company to receive certain profile information from Discord in accordance with our Privacy Policy. You remain responsible for all activity under your account.

3.2 Beta Access. During the beta period, access to the Platform requires a valid invitation code. Beta invitation codes are non-transferable and may be revoked at the Company's discretion. Beta access is subject to the Beta Tester Agreement, which supplements these Terms.

3.3 You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at apollocompanionsupport@gmail.com if you suspect unauthorized access to your account.

3.4 The Company reserves the right to suspend or terminate accounts that violate these Terms, the Community Guidelines, or applicable law.

4. Platform Features and Services

4.1 AI-Powered Garage Assistant

Apollo Companion provides an artificial intelligence assistant ("Apollo AI") that assists with vehicle research, parts analysis, modification planning, and build documentation. Apollo AI is a decision-support tool only and does not constitute professional automotive, mechanical, engineering, or safety advice. See Section 9 (AI Disclaimer) for full terms governing AI features.

4.2 Garage and Vehicle Management

Users may create and manage digital garage profiles for one or more vehicles. Vehicle data, notes, build logs, and associated content stored by the User are subject to these Terms and the Privacy Policy.

4.3 Parts Tracker and Research Tools

The Platform offers tools to research, track, and document automotive parts, including price monitoring through third-party data scraping. Part prices, availability, and specifications are provided for informational purposes only and are not guaranteed to be current or accurate. Always verify pricing and compatibility directly with the vendor before making any purchase. The Company is not a retailer and does not process purchases.

4.4 3D Vehicle Visualization

The Platform includes an interactive 3D vehicle visualization feature. This feature is for entertainment and aesthetic exploration only. It is not a substitute for professional modification planning or engineering assessment.

4.5 Community Platform

Apollo Companion includes a social community where Users may post build updates, interact with other builders, share content, follow other users, and engage with community features. All community activity is subject to the Community Guidelines, User Generated Content Policy, and these Terms.

4.6 Builder Profiles and Identity

Users may create public-facing builder profiles showcasing their vehicles, builds, and community activity. By setting your profile to public, you acknowledge that your profile content is viewable by other Platform users and potentially the public.

5. User Conduct and Acceptable Use

5.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy incorporated herein.

5.2 You agree not to:

Post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory;
Impersonate any person, entity, or brand;
Upload viruses, malware, or any code designed to disrupt or damage the Platform;
Scrape, crawl, or automate access to the Platform without written authorization;
Attempt to gain unauthorized access to any part of the Platform or its systems;
Use the Platform to promote or facilitate illegal vehicle modifications;
Harass, stalk, or threaten other users;
Spam, solicit, or post unsolicited commercial content;
Circumvent any access controls, beta invitation systems, or content filters.

6. User Generated Content

6.1 You retain ownership of content you submit to the Platform ("User Content"), including posts, comments, photos, build logs, and vehicle data.

6.2 By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the Platform.

6.3 You represent that you own or have the necessary rights to submit your User Content and that it does not infringe any third-party intellectual property or privacy rights.

6.4 The Company does not endorse any User Content and is not responsible for User Content posted by others. See the User Generated Content Policy and Content Moderation Policy for full terms.

7. Privacy and Data

7.1 Your privacy is important to us. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using the Platform, you consent to the data practices described in the Privacy Policy.

7.2 The Company uses third-party infrastructure providers including Supabase (database and authentication), OpenAI (AI features), and Tavily (research data). Your use of these features is also subject to those providers' terms where applicable.

8. Third-Party Services and Links

8.1 The Platform may contain links to third-party websites, product pages, and services. These links are provided for convenience only. The Company does not endorse and is not responsible for the content, accuracy, or privacy practices of third-party sites.

8.2 Part listings, prices, and vendor information displayed through the Platform are sourced from publicly available third-party pages. The Company makes no warranty regarding the accuracy, availability, or legality of such information.

9. AI Features Disclaimer

9.1 Apollo AI utilizes large language model technology powered by OpenAI. AI-generated responses may contain inaccuracies, outdated information, or errors. No AI output should be relied upon as professional automotive, mechanical, safety, legal, or financial advice.

9.2 The Company does not warrant the accuracy, completeness, or fitness for any particular purpose of any AI-generated content. You assume all risk associated with reliance on AI outputs.

9.3 AI conversations may be used to improve the Platform's performance in accordance with our Privacy Policy and AI Usage & Disclaimer Policy.

10. Intellectual Property

10.1 The Platform, including all software, design, trademarks, logos, content, and proprietary technology, is the exclusive property of Apollo Phoenix Ventures LLC. Nothing in these Terms grants you any right or license to the Company's intellectual property except as expressly stated.

10.2 "Apollo Companion" and "Apollo Racing" and associated logos are trademarks of Apollo Phoenix Ventures LLC. Apollo Companion™ is a trademark of Apollo Phoenix Ventures LLC with a pending application on the Principal Register of the United States Patent and Trademark Office (Serial No. 99907019). Unauthorized use is prohibited.

10.3 The Company respects third-party intellectual property. If you believe your copyright has been infringed, see our DMCA Takedown Policy for instructions on submitting a notice.

10.4 Apollo Companion uses certain open-source software components. Attribution and license terms for these components are published at /legal/open-source-notices.

11. Bug Reporting and Feedback

11.1 If you encounter a technical issue, error, or unexpected behavior while using the Platform, you may report it using the in-app Bug Report button or the Send Feedback option available throughout the Platform.

11.2 By submitting bug reports or feedback, you grant the Company a perpetual, irrevocable, royalty-free license to use such feedback for any purpose, including improving the Platform, without any obligation to compensate you.

11.3 The Company appreciates user feedback and uses it to improve Platform stability and user experience. Bug reports do not create any obligation on the Company to fix specific issues within a particular timeframe.

12. Fees and Payments

12.1 The Platform is currently offered free of charge during the beta period. The Company reserves the right to introduce paid features, subscription tiers, or premium access in the future.

12.2 If paid features are introduced, the Company will provide advance notice and updated terms governing billing, cancellation, and refunds.

13. Termination

13.1 You may close your account at any time by contacting apollocompanionsupport@gmail.com.

13.2 The Company may suspend or terminate your access to the Platform at any time, with or without notice, for any violation of these Terms, the Community Guidelines, or applicable law, or for any other reason at the Company's discretion.

13.3 Upon termination, your right to use the Platform ceases immediately. Sections 6, 9, 10, 14, 15, 16, 17, and 18 survive termination.

14. Disclaimers

14.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14.2 THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.3 THE COMPANY DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY OF ANY PARTS DATA, PRICING INFORMATION, VENDOR LISTINGS, AI OUTPUT, OR USER-GENERATED CONTENT ON THE PLATFORM.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

15.2 THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

16. Indemnification

16.1 You agree to indemnify, defend, and hold harmless the Company, its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

17. Governing Law

17.1 These Terms shall be governed by and construed under the laws of the State of Texas, without regard to conflict of law principles.

18. Dispute Resolution and Arbitration

18.1 Mandatory Arbitration. Any controversy or claim arising out of or relating to these Terms or your use of the Platform, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of Texas. Disputes that qualify for small claims court may be brought there instead.

18.2 Class Action Waiver. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. All disputes must be brought on an individual basis.

18.3 Exception. Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

18.4 Venue. For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in the State of Texas.

19. Changes to These Terms

19.1 The Company reserves the right to modify these Terms at any time. Material changes will be communicated by updating the "Effective Date" above, by in-app notification, or by email. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

20. Contact

For questions about these Terms, contact us at:

Apollo Phoenix Ventures LLC
Attn: Legal Department
5900 Balcones Drive, STE 100, Austin, TX 78731
Email: apollocompanionlegal@gmail.com