Terms of Use

By accessing or using the Drawdown Tracker application (“Service”), provided by ApexTrust (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Service.

Drawdown Tracker is a web-based tool for tracking paint drawdown requests through their lifecycle — from initial request through store fulfillment, shipping, client receipt, and job decision. The Service is intended for use by authorized sales representatives, managers, and process owners within organizations that have been granted access.

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.
• Manager accounts may approve, suspend, unlock, or delete user accounts within their team.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Interfere with or disrupt the Service or its infrastructure.
• Transmit any malicious code, viruses, or harmful data.
• Scrape, crawl, or use automated means to access the Service without prior written consent.
• Share your account credentials with unauthorized individuals.
• Submit false, misleading, or fraudulent drawdown requests.
• Reproduce, replicate, or adapt the Service, in whole or in part, for use outside of Sherwin-Williams or for any purpose unrelated to your authorized role.

Any violation of these Terms may result in immediate termination of your access to the Service. In addition, ApexTrust reserves the right to pursue any and all legal remedies available, including but not limited to injunctive relief and monetary damages, for any breach of these Terms.

• You retain ownership of the data you submit to the Service (drawdown requests, job details, notes, etc.).
• By submitting data, you grant us a limited license to store, process, and display it as necessary to provide the Service.
• You are responsible for ensuring that any data you submit does not violate third-party rights.
• We may use AI-powered features (voice transcription structuring, email parsing, image analysis) to process your input. AI-processed data is used solely to provide the Service and is not used to train AI models.

• The Service, including its design, code, and branding, is owned by ApexTrust and protected by applicable intellectual property laws.
• Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as described herein.

• The Service may send email notifications related to drawdown status changes, overdue alerts, account activity, and job outcomes.
• You may opt out of non-essential email notifications through your account preferences.
• Transactional emails related to account security (password resets, account status changes) cannot be opted out of.

• We strive to maintain Service availability but do not guarantee uninterrupted access.
• We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
• We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance.

To the maximum extent permitted by law, ApexTrust shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

You agree to indemnify and hold harmless ApexTrust, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Service or violation of these Terms.

• We may terminate or suspend your access at any time, with or without cause, with or without notice.
• Upon termination, your right to use the Service ceases immediately.
• Sections 6, 9, 10, 11, and 13 survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in New York County, New York.