Terms of Sale and Data Licence

Apex US Regulatory Events Feed (the "Feed"), sold by Apex

Effective: 4 November 2026

These terms are a contract between you (the buyer) and Apex. Please read them before you buy. By paying, you agree to them.

1. Who we are

Apex is the trading name of Anas SABBAHI, an individual business registered in Morocco

(auto-entrepreneur registration in progress, file AE-261101-109571).

Address: No. 71, Lot Loued Lahmer, Errachidia 52000, Morocco.

Email: anassabbahi.tech@gmail.com

Website: https://apex-feed.pages.dev

2. What you are buying

The Feed is a cleaned, de-duplicated and change-tracked copy of public data that the U.S. Food and Drug Administration (FDA) publishes through openFDA. It covers drug, device and food enforcement reports, device recalls, device 510(k) clearances and PMA approvals, and drug shortages. We deliver it through the open Delta Sharing protocol and as CSV files.

• One-time snapshot (USD 50.00): the Feed as of the purchase date, downloadable for 30 days.
• Monthly subscription (USD 39.00 per month per month): ongoing access to the updated Feed while your subscription is active.

What we add: cleaning, de-duplication, joined tables, history of changes (first_seen / last_seen) and delivery. The source records belong to the public: FDA dedicates them to the public domain (CC0). You can get the raw records free from https://open.fda.gov yourself. You pay us for our work on them and for delivery.

We remove named individual contact fields that appear in some FDA records. We don't include GMDN device-nomenclature content.

3. Who can buy

• You must be at least 18 and able to enter a contract.
• If you buy for an organisation, you confirm you have authority to bind it. "You" then means that organisation.
• Business buyers only in the EU and UK: buyers in the European Union or the United Kingdom must buy as a business and give a valid VAT number before payment. We'll refuse or refund EU or UK orders without one.

4. Your licence to use the Feed

When we receive payment, we grant you a non-exclusive, non-transferable licence to use the Feed on these terms. The licence runs while your subscription is active, or for ever for a one-time snapshot you've downloaded.

You may:

1. Use the Feed inside your organisation (your employees and contractors working for you), for any lawful purpose.
2. Create internal derivative works: analyses, models, dashboards, joined tables, alerts for your own team.
3. Share outputs with your clients or the public, such as reports, charts, statistics, summaries and short excerpts (up to 1,000 rows per report), as long as they're not a substitute for the Feed itself.
4. Keep using data you downloaded during an active subscription after it ends, for internal purposes. You won't receive further updates.

You may not:

1. Resell, sublicense, publish or redistribute the Feed, or any large part of it, as a dataset, file, API or data service, whether raw or lightly changed.
2. Share your access token, config.share file or download links with anyone outside your organisation.
3. Use the Feed to issue public safety alerts or recall notices. FDA asks that its enforcement data not be used for this, and recall statuses in the data can be out of date.
4. Use the Feed in a way that suggests FDA, the U.S. government or any company named in the records endorses you or your product.
5. Try to bypass access controls, or overload our servers.

Your rights in the public data stay intact. This licence limits what you do with our Feed. It doesn't limit what you may do with FDA's public-domain records if you get them directly from FDA.

Attribution is optional but welcome. Suggested credit:

"Data provided by the U.S. Food and Drug Administration (https://open.fda.gov), processed by Apex."

For the rxcui field: "RxCUI: U.S. National Library of Medicine."

5. Not FDA, not advice

• Apex is not affiliated with, endorsed by or connected to the U.S. Food and Drug Administration, the U.S. Department of Health and Human Services or any U.S. government agency. We use FDA's public data, nothing more.
• The Feed is not medical, legal or regulatory advice. Don't use it to make decisions about medical care, about patient safety, or about whether a product may be sold. FDA itself says: "Do not rely on openFDA to make decisions regarding medical care" and to "assume all results are unvalidated" (https://open.fda.gov/apis/).
• Our change history tracks changes in FDA's published records. It does not track the real-world progress of a recall. FDA notes that it does not update a recall's status after classification (https://open.fda.gov/apis/device/enforcement/).
• For official information, check FDA's own website and ask a qualified professional.

6. No warranty: the data is "as is"

The data comes from FDA. FDA "makes no warranties about the work" and does not guarantee that openFDA data "will be error free" (https://open.fda.gov/terms/). We clean the data carefully, but we can't promise more than the source does.

So, to the fullest extent the law allows, the Feed is provided "as is" and "as available". We give no warranty of accuracy, completeness, timeliness, fitness for a particular purpose or non-infringement. We also don't promise uninterrupted access. FDA can change or stop openFDA at any time, and our updates depend on it.

We do promise to: (a) make the Feed you paid for accessible, (b) fix delivery problems we cause within a reasonable time, and (c) tell you if a source endpoint stops.

If you are a consumer in the EU, the UK or another country whose laws give you rights that can't be excluded (for example, a right to digital content that conforms to the contract), nothing in these terms removes those rights.

7. Payment, renewal and cancellation (PayPal)

• Payments are processed by PayPal. We never see your card details. Prices are in US dollars.
• One-time snapshot: paid once. No renewal.
• Monthly subscription (PayPal Subscriptions): billed through PayPal every month on the same date until cancelled. It renews automatically.
• How to cancel: at any time, either (a) in your PayPal account, under Settings → Payments → Manage automatic payments (menu names may vary by country), or (b) by emailing anassabbahi.tech@gmail.com. Cancellation stops future payments. Your access continues until the end of the period you've already paid for. Then your token expires.
• Price changes: we'll email you at least 30 days before a new price applies to your subscription. You can cancel before it takes effect.
• Failed payments: if PayPal can't collect a renewal, we may suspend access until payment succeeds, and cancel after 14 days.

8. Refunds

We want this simple and fair, and in line with PayPal's buyer and seller rules.

1. Couldn't access the data: full refund. If within 14 days of payment you can't access or download the Feed, and we can't fix it within 3 business days of your email, we refund you in full.
2. Wrong product or duplicate charge: full refund, if you tell us within 30 days.
3. First month of a subscription: if you cancel within 7 days of your first payment and have downloaded little (under 10% of the Feed's files), we refund that first payment.
4. Other cases: payments for periods that have started are not refundable, except where the law requires (section 9) or where we stop the Feed (below).
5. If we stop the Feed (for example because FDA stops openFDA), we refund the unused part of your current paid period.
6. How: email anassabbahi.tech@gmail.com with your PayPal transaction ID. Refunds go back through PayPal to the original payment method, normally within 5 business days of approval. When we refund, your access token is revoked.
7. PayPal disputes: you can still use PayPal's dispute process. Under PayPal's terms, buyers can generally open a dispute within 180 days of payment, and PayPal reviews "Item Not Received" and "Significantly Not as Described" claims. For digital items, sellers prove delivery with evidence of access (see PayPal Seller Protection: https://www.paypal.com/ma/legalhub/paypal/seller-protection and the User Agreement: https://www.paypal.com/ma/legalhub/paypal/useragreement-full). These links are unverified: PayPal blocks automated reading, so check the current version. Please contact us first. Most problems are fixed faster by email. We keep access logs (token activation, downloads) as delivery evidence.

9. Consumers in the EU and UK: right of withdrawal

(Only relevant if you choose Option B in section 3.)

EU consumers normally have 14 days to cancel an online purchase without giving a reason. For digital content, this right ends once the download or streaming begins after the consumer expressly agreed to immediate delivery and acknowledged losing the right (EU "Your Europe": https://europa.eu/youreurope/citizens/consumers/shopping/returns/index_en.htm). UK consumers have similar rights.

So, before checkout, consumers must tick: "I want access to start immediately, and I understand I lose my 14-day right to cancel once I first access or download the Feed." If you didn't give that consent, you can cancel within 14 days for a full refund.

10. Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect or consequential losses, such as lost profits, lost business, decisions made using the Feed, regulatory penalties, or loss or corruption of data.
• Our total liability for everything related to the Feed is limited to the amount you paid us in the 12 months before the claim.
• These limits don't apply to liability that can't be limited by law, such as for fraud, or for death or personal injury caused by negligence, or to consumer rights that can't be waived.

11. Suspension and termination

We may suspend or end your access, without refund, if you break section 4 (for example by sharing your token or reselling the Feed). Where practical, we'll warn you first and give you 7 days to fix it. You may stop at any time by cancelling (section 7). Sections 4 (for data you keep), 5, 6, 10 and 12 survive termination.

12. Governing law and disputes

These terms are governed by the laws of the Kingdom of Morocco. Disputes go to the competent courts of Errachidia, Morocco. We'll always try to settle a problem by email first.

If you're a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may be able to bring a claim there. (This reflects EU rules on consumer contracts, Rome I Regulation art. 6, unverified. Lawyer to confirm.)

13. Changes to these terms

We may update these terms. Subscribers get at least 30 days' email notice of material changes. The terms in force on your purchase or renewal date apply to that period.

14. Privacy

How we handle your personal data is described in our Privacy Policy: https://apex-feed.pages.dev/privacy

15. Contact

Apex, Anas SABBAHI, No. 71, Lot Loued Lahmer, Errachidia 52000, Morocco. Email: anassabbahi.tech@gmail.com

If we later sell through a merchant of record (e.g. Lemon Squeezy): the merchant of record becomes the seller of record.

Its own buyer terms then govern payment, taxes, invoices, refunds and chargebacks, and sections 7 and 8 above must point to them.

The data licence (section 4), the disclaimers (sections 5 and 6) and the liability limits (section 10) stay ours and continue to apply.

Section 3's EU/UK option is then unnecessary, because the merchant of record collects VAT.