Terms and Conditions

These Terms and Conditions ("Terms") are issued by Apex Windows, LLC ("Apex," "we," "us," or "Company"), which uses the Apex Windows TX name online. They govern use of apexwindowstx.com (the "Site"), its interactive tools, including the window visualization tool, and the window and glass services described below (the "Services"). Use of the Site and tools is subject to these Terms. A project contract is formed through acceptance of the provided estimate and contract package, not merely by browsing the Site.

1. Company Information

Apex Windows, LLC is a Texas-based window and glass service company. Our principal place of business and mailing address is 6800 Weiskopf Ave, Suite 150, McKinney, TX 75070. Contact us at (214) 263-3008 or sales@apexwindowstx.com.

2. Services

Apex provides foggy glass replacement, double-pane window repair, insulated glass unit (IGU) replacement, complete window/frame replacement, shower glass, sliding glass/patio doors, mirror replacement, commercial storefront installation and replacement, and related residential and commercial window and glass services across the Dallas-Fort Worth metroplex, including Dallas, Fort Worth, Plano, Frisco, McKinney, Richardson, Carrollton, Arlington, Irving, Southlake, Garland, Keller, Denton, and surrounding communities.

Services are subject to availability, scheduling, and on-site assessment. Apex may decline a project before acceptance. After acceptance, cancellation is governed by Contract Sections 6.0, 19.0, and 22.0, with written notice and any required accounting and refund. Apex does not have an unrestricted right to void an accepted contract.

3. Estimates and Pricing

We provide free, no-obligation estimates for our services. Estimates are based on information provided by the customer and visual inspection of the property. Final pricing may vary from the initial estimate if:

• The scope of work changes after on-site assessment
• Additional damage or issues are discovered during the project
• Custom or specialty glass is required beyond standard specifications
• Access conditions differ from what was initially described

Any change to scope, product selection, pricing, or schedule caused by a change in the work must be communicated to Customer and approved in a written change order before the affected work proceeds. Apex will not perform chargeable additional work without that prior approval. Manufacturer warranty differences associated with a proposed product substitution must also be disclosed and approved before ordering.

4. Scheduling and Appointments

Appointments are scheduled on a first-come, first-served basis. While we make every effort to honor scheduled appointments, unforeseen circumstances (weather, supply delays, emergencies) may occasionally require rescheduling. We will notify you as soon as possible if any changes are needed.

If you need to cancel or reschedule an appointment, please provide at least 24 hours' notice by calling (214) 263-3008 or emailing sales@apexwindowstx.com.

Apex will use reasonable efforts to reduce delays, keep Customer informed, and coordinate revised dates. Section 17 governs qualifying events beyond a party's reasonable control. Appointment changes do not, by themselves, cancel the project or modify its price, scope, or warranty.

5. SMS Communications

Apex may use the phone number you provide to respond to and coordinate your requested service. Where an optional SMS-consent checkbox is shown, marketing or other optional text messages are sent only when you choose that opt-in. Service communications remain tied to the request you make; SMS consent is not required to purchase services.

• Message frequency varies.
• Message and data rates may apply.
• Reply STOP to unsubscribe at any time.
• Reply HELP for assistance.
• SMS consent is not required to purchase our services.

6. Payment Terms, Deposits, and Cancellation

Unless a different payment schedule is agreed in writing in the accepted estimate, thirty percent (30%) of the total project price is due upon acceptance of the Contract, and the remaining seventy percent (70%) is due upon completion of the contracted services. Approved written change orders will state any corresponding payment adjustment.

Payment methods may include cash, check, credit/debit cards (Visa, Mastercard, American Express, and Discover), bank transfer (ACH/wire), PayPal, Square, Venmo, Zelle, and Affirm. Available payment methods may change and will be identified in the estimate, invoice, or payment instructions.

Before project-specific materials are ordered, the deposit is refundable. Once project-specific materials are ordered, the deposit is nonrefundable, subject to applicable cancellation and refund rights and the provisions below. If Apex cancels an accepted project before work begins for a reason other than the Customer's uncured material default, Apex will refund all payments received for that project. If Apex cancels after work begins for a reason other than the Customer's uncured material default, Apex will provide an accounting and refund payments exceeding the agreed value of conforming work performed and materials delivered to and retained by the Customer. Apex may not charge the Customer for unused, undelivered materials solely because Apex elected to cancel. Any amount retained following a Customer default remains subject to applicable law and an accounting of amounts properly due.

Nothing in these documents waives a cancellation, rescission, notice, disclosure, or refund right required by applicable law. Where a statutory cancellation right applies, Apex will provide the required notices and forms; ordering materials does not defeat that right. An appointment cancellation or rescheduling request is not, by itself, a cancellation of the underlying project contract.

7. Warranty

The Apex Windows, LLC — Limited Warranty, Version 4, dated September 15, 2026 is provided before acceptance and incorporated into the project agreement. The same coverage schedule applies in the Contract, these Terms, and that Warranty:

"Lifetime" is defined in the selected manufacturer's written warranty, provided before acceptance. Manufacturer coverage, start dates, components, exclusions, proration, transfers, remedies, and costs follow that warranty. The five exclusions below apply only to Apex workmanship.

The 20-year glass period applies to glass supplied as part of a complete new window/frame replacement. The 10-year IGU period applies to a separately purchased replacement insulated glass unit without replacement of the entire window/frame. Sliding glass/patio doors are in their own 10-year product category and do not inherit the new-window frame or glass periods. A replacement supplied under an existing manufacturer warranty remains subject to that warranty; it is not automatically treated as a new standalone IGU purchase.

Apex Windows, LLC ("Apex") warrants the workmanship of all window and glass services performed by Apex, including services performed by subcontractors on Apex's behalf, for one (1) year from completion of the applicable service. This applies to residential and commercial work. The completion date will be recorded in the job record or completion documentation; the start of coverage is not delayed until payment, registration, or claim submission.

Apex will correct covered defects caused by its workmanship at no charge for the covered corrective work, including the labor and installation materials reasonably necessary to correct that workmanship. Covered issues include air or water infiltration, operational problems, and defects in the original application of caulking or sealants when caused by improper Apex workmanship. Apex may repair, adjust, or replace affected work as reasonably necessary to correct the covered defect.

This workmanship warranty excludes only damage or failure caused by:

• Normal wear and tear: Ordinary deterioration from normal use that is not caused by defective workmanship.
• Misuse or abuse: Use of the product in a manner inconsistent with its intended purpose or the manufacturer's instructions.
• Accidental damage: Sudden impacts, drops, spills, crashes, or damage caused by natural disasters.
• Neglect or poor maintenance: Failure to perform appropriate maintenance consistent with the care instructions provided for the product.
• Unauthorized repairs or alterations: Damage or failure caused by repairs, alterations, or modifications performed by someone other than Apex or a vendor approved by Apex.

An exclusion applies only to the damage or failure caused by the excluded event or conduct. Unrelated work by another provider does not automatically void otherwise valid coverage. These exclusions do not excuse defective workmanship or damage caused by Apex or persons performing work on Apex's behalf. An unrelated building condition is not, by itself, proof of an Apex workmanship defect or a reason to deny a separate covered defect.

Apex will identify the selected manufacturer and product and provide the applicable written manufacturer warranty with the estimate package before acceptance and again at completion. Apex will supply products meeting the stated coverage schedule unless the Customer expressly approves a different product and warranty schedule in writing before ordering. Any discrepancy between the schedule and the selected manufacturer's warranty must be resolved and disclosed before acceptance; a general reference to manufacturer terms is not permission to substitute shorter coverage without approval.

Apex will help coordinate manufacturer product claims. The manufacturer's written warranty determines the product remedy and the costs it covers. A product defect alone is not an Apex workmanship defect, even if discovered during the first year. For a manufacturer-only claim, the Customer is responsible for removal, reinstallation, service-call, shipping, disposal, or other costs not covered by the manufacturer or separately promised in the accepted estimate. Apex will identify any Customer-paid costs in a written quote and obtain approval before chargeable work begins. No such charge applies to covered corrective work under Apex's one-year workmanship warranty.

Prompt claim notice may be given by email, telephone/text, or mail using the contact information in Section 20. The complete process in Warranty Section 6 applies; there is no separate 30-day discovery-to-notice forfeiture rule for Apex workmanship. A covered defect arising during the one-year period may be promptly reported afterward when the available information reasonably establishes that timing. Apex will arrange reasonable inspection and explain the determination; any uncovered, Customer-paid work requires prior written approval.

Routine caulking maintenance is the Customer's responsibility, but defective original Apex application is covered workmanship. Ordinary surface condensation is not, by itself, proof of a defect; between-pane fogging or moisture caused by a covered manufacturer seal failure is not excluded by that statement.

The remaining Apex workmanship warranty may be transferred once under Warranty Section 7, with written notice within 30 days after property transfer and a $350 transfer fee. The transfer does not restart the one-year period. Manufacturer transfers follow the manufacturer's own rules and fees; paying Apex does not transfer a manufacturer warranty.

This limited warranty gives you specific legal rights, and you may have other rights that vary by state. Nothing in this package disclaims implied warranties or limits nonwaivable rights. No payment, liability, release, indemnity, or other general provision reduces Apex's duty to correct covered workmanship at no charge. The one-year express period does not shorten other lawful claims or filing deadlines.

8. Customer Responsibilities

To ensure efficient and safe service delivery, customers agree to:

• Provide accurate information about the property and the windows requiring service
• Ensure clear and safe access to all windows included in the project
• Remove or relocate fragile items, furniture, or obstructions near work areas prior to our arrival
• Secure pets during service appointments
• Ensure an authorized adult (18+) is present during the service appointment
• Disclose any known hazards (e.g., lead paint, asbestos, structural concerns) prior to service

Window coverings, alarm sensors, association approvals, and permit arrangements are also addressed in Contract Sections 8.0, 10.0, and 11.0. These responsibilities do not create additional automatic exclusions from Apex's workmanship warranty.

9. Window Visualization Tool

9.1 About the Tool

Our Site offers an online window visualization tool that allows you to upload a photograph of a property and receive a computer-generated illustration showing how that property might look with different window frame colors and grid styles. The tool is provided free of charge, for design inspiration and to help you request an estimate. Your use of the tool is subject to these Terms.

9.2 Photographs You Upload

By uploading a photograph, you represent and warrant that you own the photograph or have permission to submit it, and that you own the depicted property or have the owner's permission to request a visualization of it.

You grant Apex a non-exclusive, royalty-free license to store, reproduce, and modify the photograph — including by processing it through third-party artificial intelligence services — for the purpose of generating and delivering the visualization you requested and providing you with an estimate. You retain ownership of your photograph.

Unless you later become a customer and consent under Section 10, we will not use your photograph in advertising or marketing materials without your separate, express permission.

You may not upload photographs containing identifiable individuals, or any content that is unlawful, infringing, or that you do not have the right to submit.

9.3 Visualizations Are Conceptual

Window visualizations are computer-generated conceptual illustrations produced by artificial intelligence from the photograph you provide. They are provided for design inspiration only. They are not photographs of completed work, not an estimate or quote, and not a representation of the products, colors, finishes, or results Apex will supply.

Actual appearance will vary based on product selection, glass type, available finishes, existing window openings, site conditions, and installation. Colors shown are approximations and will differ depending on your screen, lighting, and manufacturing variation. A frame color you request may not be available; availability will be confirmed by Apex.

9.4 Third-Party Processing and Model Improvement

To generate visualizations we use third-party artificial intelligence image-processing services. Your photograph is transmitted to those services in order to produce your visualization.

Your photograph, the visualization generated from it, and related technical information may also be used to develop, evaluate, and improve artificial intelligence models and the quality of our visualization tool. This includes models operated by Apex and models operated by our third-party providers, and it may mean your photograph is retained by those providers and used for purposes beyond producing your individual visualization.

We remove location and device metadata from uploaded photographs before processing them.

You may decline this use. You may opt out at the time you upload your photograph, or at any time afterward by emailing sales@apexwindowstx.com. Declining does not affect your ability to receive your visualization, to obtain an estimate, or to purchase our services. If you decline, we will not submit your photograph for model development or training, and we will instruct our providers not to retain it for those purposes.

We do not sell your photographs.

9.5 Retention and Deletion

Apex retains uploaded photographs and generated visualizations only while reasonably necessary to deliver the requested visualization or estimate, document the service, administer a claim, or meet a legal, insurance, safety, or recordkeeping obligation. Retention is purpose-based; it is not automatically equal to a lifetime, 20-year, 10-year, or one-year warranty period. When those purposes no longer require a record, Apex will delete or de-identify it through its ordinary records review and deletion process. A deletion request may be sent to sales@apexwindowstx.com. Apex will delete or restrict the material within a reasonable period, subject to applicable response deadlines and any lawful retention need explained to the requester. Jobsite recording opt-outs are addressed in Section 10.4; third-party model-improvement use and opt-outs are addressed in Section 9.4.

9.6 Your Texas Privacy Rights

Apex is subject to the Texas Data Privacy and Security Act. If you are a Texas resident, you have the right to confirm whether we are processing your personal data and to access that data; to correct inaccuracies in it; to obtain a copy of it in a portable format; to delete it; and to opt out of processing for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, email sales@apexwindowstx.com or write to us at the address in Section 20. We may need to verify your identity before acting on your request. We will respond within forty-five (45) days, and may extend that period once by an additional forty-five (45) days where reasonably necessary, in which case we will tell you why.

If we decline to act on your request, we will tell you why and explain how to appeal. You may appeal by replying to our response or by emailing sales@apexwindowstx.com with the word "Appeal" in the subject line. We will respond to an appeal in writing within sixty (60) days. If the appeal is denied, you may submit a complaint to the Texas Attorney General.

10. Jobsite Photography, Video, Audio, and Media Use

10.1 Consent to Record at the Service Property

After receiving the Contract and these Terms and accepting an estimate or contract, you authorize Apex and its employees, independent contractors, agents, and service providers (collectively, "Apex Representatives") to photograph and make video and audio recordings at the service property, subject to the opt-out in Section 10.4. This authorization covers exterior and interior work areas, existing conditions, materials, installation, repair, cleanup, completed work, and your name, image, likeness, voice, and statements if you appear in or participate in a recording. Requesting an estimate or merely visiting the Site does not, by itself, authorize jobsite recording.

10.2 Permitted Uses and Ownership

You authorize Apex to use, reproduce, edit, crop, caption, publish, display, distribute, and create derivative works from authorized photographs and recordings for job documentation, quality control, installer and employee training, education, portfolios, the Site, social media, advertising, marketing, recruiting, and other lawful business purposes, in any media now known or later developed, worldwide, without further approval or compensation. Photographs and recordings created by or for Apex, and the final materials produced from them, will be owned by Apex, subject to any rights held by third parties. Apex will not edit a customer statement or testimonial in a way that materially misrepresents the customer's words, opinions, or experience.

10.3 Privacy Safeguards and Other Occupants

Apex will not intentionally publish a street address, access or alarm code, financial information, government identification number, or other sensitive personal information visible at the property. Apex will not intentionally feature a minor in public-facing materials without separate permission from the minor's parent or legal guardian. You represent that you own the property or otherwise have authority to permit Apex Representatives to enter and record in the work areas, and you agree to inform adult occupants and guests that recording may occur. Your acceptance of these Terms does not waive the independent rights of another identifiable person, and Apex may request separate permission from that person before public use.

10.4 How to Opt Out

You may opt out of recording, public use, or both at no charge and without affecting the price, scheduling, or performance of the Services. To opt out, email sales@apexwindowstx.com, call or text (214) 263-3008 before the service appointment, or notify the Apex crew chief before recording begins. Apex will stop the recording or public use covered by the opt-out after receiving notice. Apex will not use affected materials in new public marketing and will make reasonable efforts to remove them from digital channels it controls. Apex is not required to retrieve materials previously and lawfully distributed or copied by others. Existing copies reasonably necessary for job documentation, warranty, insurance, safety, or legal purposes may be retained with restricted internal use, subject to applicable law. Other copies will be deleted where reasonably practicable. An opt-out does not require destruction of records that must lawfully be retained.

10.5 Interviews and Testimonials

If you voluntarily participate in an interview or testimonial, you acknowledge that it may be recorded and used as described in this Section. Your statements must reflect your honest opinions and actual experience. Apex may edit an interview or testimonial for length, clarity, formatting, or technical quality, but will not materially misrepresent what you said or your experience.

11. Limitation of Liability

Except as stated below and only to the extent permitted by applicable law, Apex's total monetary liability for a claim arising from the Site, window visualization tool, or Services will not exceed the total amount paid for the specific service giving rise to the claim, or one hundred dollars ($100) where no amount has been paid.

Subject to the same exceptions, Apex is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, to the extent such an exclusion is permitted by applicable law. Some laws do not allow certain exclusions or limitations, so they may not apply to you.

These monetary limitations do not reduce or eliminate Apex's duty to perform covered corrective workmanship work at no charge. They do not disclaim implied warranties or limit liability for death or personal injury caused by negligence, fraud, gross negligence, willful misconduct, or any right, liability, statutory remedy, or damages that cannot lawfully be limited. No general release or indemnification provision creates an additional workmanship exclusion.

12. Intellectual Property

All content on this Site — including text, images, graphics, logos, videos, and design elements — is the property of Apex or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

The Apex name, logo, and all related marks are trademarks of Apex. Unauthorized use of any trademark displayed on this Site is strictly prohibited.

This Section does not apply to photographs you upload through the window visualization tool, which are governed by Section 9.2.

13. Website Use

By using this Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, or federal law
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems
• Interfere with or disrupt the Site or servers connected to the Site
• Use automated tools (bots, scrapers, crawlers) to access the Site without our written permission
• Submit false, misleading, or fraudulent information through any form on the Site
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload any photograph that you do not own or have permission to submit, that depicts property you do not own or have permission to photograph, or that contains identifiable individuals

We reserve the right to restrict or terminate access to the Site for any user who violates these Terms.

14. Third-Party Links

This Site may contain links to third-party websites or services that are not owned or controlled by Apex. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Inclusion of any link does not imply endorsement by Apex.

This Section concerns links to third-party websites. Third-party services that process photographs you upload are addressed separately in Section 9.4.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Apex, its owners, employees, contractors, and agents from third-party claims, losses, and reasonable recoverable expenses to the extent caused by your unlawful use of the Site, infringement of a third party's rights, or your negligent or intentional misconduct. This does not require you to defend or indemnify Apex for Apex's own negligence, defective workmanship, misconduct, or breach of this Agreement, or for conduct of persons performing work on Apex's behalf. It does not bar your direct warranty or other lawful claims against Apex.

16. Dispute Resolution and Governing Law

Texas law governs, subject to applicable federal law and other nonwaivable rights. The parties will try in good faith to resolve disputes through direct discussion for up to thirty (30) days after written notice. This is not a mandatory warranty-dispute exhaustion requirement and does not prevent required notices, protective filings, urgent relief, or pursuit of remedies available without that process. Unless mandatory law requires otherwise, litigation will be brought in a state court of competent jurisdiction in Collin County, Texas, or a federal court serving Collin County that has jurisdiction. Neither party is required to arbitrate unless both separately agree in writing. Manufacturer disputes remain subject to the applicable manufacturer's warranty and applicable law.

Reasonable attorney's fees and costs may be recovered only to the extent permitted by applicable law. The Contract's cost provision does not override statutory fee or consumer-protection rules.

17. Force Majeure

If performance is prevented, restricted, or delayed by circumstances beyond a party's reasonable control, the affected obligations are suspended only to the extent and for the duration reasonably necessary. Examples include severe weather, natural disasters, fire, government actions, national emergencies, war, riots, labor disruptions, utility failures, or supplier failures outside the affected party's reasonable control. The affected party will give prompt notice, use reasonable efforts to avoid or reduce the delay, keep the other party informed, and resume performance promptly when able. A party's own acts or omissions, including those of persons performing work on its behalf, are not excused when within that party's reasonable control. This provision does not permanently eliminate a warranty, payment accounting, cancellation, or refund obligation.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

19. Changes to These Terms and Document Priority

Apex may update these Terms for future use of the Site and future agreements by publishing a revised version and date. Material changes will be communicated through a notice on the Site. Continued use of the Site after notice is subject to the updated website terms, but does not retroactively amend an existing service agreement or warranty.

For this project package, the coordinated documents are the Apex Windows, LLC — Sales Contract for Services, Version 5, dated September 15, 2026, these Terms, and the Apex Windows, LLC — Limited Warranty, Version 4, dated September 15, 2026. For warranty matters, the dated Apex Limited Warranty governs Apex's express workmanship warranty, and the applicable manufacturer's written warranty governs that manufacturer's product warranty obligations. For non-warranty matters, the Sales Contract controls over conflicting Terms and Conditions. A specific written modification expressly approved by both parties controls the provision it identifies, but cannot waive a nonwaivable legal right. No general limitation overrides Apex's express obligation to correct covered workmanship at no charge.

This version applies to new agreements that identify and include it. It does not retroactively replace, shorten, or eliminate coverage or other rights under a previously accepted agreement. A later website update does not change an existing customer contract or warranty without a valid, expressly agreed written modification.

20. Contact Us