These Terms & Conditions (“Terms”) govern your access to and use of the website apexvalidation.com (the “Website”) and the validation, testing, engineering and consulting services (the “Services”) provided by Apex Validation Testing (“Apex”, “we”, “us” or “our”). By accessing the Website, submitting a request through our contact form or chat assistant, or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or our Services.
Table of Contents
- About Apex Validation Testing
- Definitions
- Acceptance of Terms
- Scope of Services
- Quotes, Orders & Work Authorization
- Client Responsibilities & Test Articles
- Test Reports, Data & Results
- Fees, Payment & Taxes
- Confidentiality & Non-Disclosure
- Intellectual Property
- Website Use & Acceptable Conduct
- Privacy & Data Collection
- Cookies
- Third-Party Links & Services
- Disclaimers & Warranties
- Limitation of Liability
- Indemnification
- Force Majeure
- Governing Law & Dispute Resolution
- Changes to These Terms
- Contact Us
1. About Apex Validation Testing
Apex Validation Testing is an independent, vendor-neutral validation laboratory specializing in thermal-focused validation for data center cooling — with particular expertise in liquid systems, including single-phase and two-phase pumped direct-to-chip liquid cooling, immersion cooling, and spray/jet impingement. We provide third-party verification for OEMs and data center operators, confirming that cooling and electronic hardware meet rigorous performance, reliability and safety benchmarks before deployment.
2. Definitions
- “Client”, “you” or “your” means any individual or entity that accesses the Website or engages our Services.
- “Services” means all validation, testing, thermal characterization, environmental testing, engineering and consulting services offered by Apex, including but not limited to: Random Vibration, Mechanical Shock, Thermal Shock, Humidity, Temperature Cycling, Heat Soak, Dew Cycle, Dust Test (ISO 20653), 13 Corners Thermal Test, Salt Mist, Storage Sub (Low/High Temperature), ESD Test, Liquid-Cooled validation, Dynamics, and Engineering/Consulting.
- “Test Article” means any hardware, equipment, component, fluid or sample submitted by the Client for testing or validation.
- “Report” means the deliverable documenting test methods, data and results.
- “Quote” means a written proposal describing scope, pricing and estimated duration of Services.
3. Acceptance of Terms
By using the Website or engaging our Services, you confirm that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the entity you represent. These Terms apply alongside any separate written agreement, statement of work, or master services agreement executed between you and Apex. In the event of a conflict, the signed agreement prevails.
4. Scope of Services
The specific scope, methodology, standards (e.g., ASHRAE guidelines and relevant ISO standards), deliverables, timelines and pricing of any engagement are defined in the applicable Quote or statement of work. Apex performs Services using state-of-the-art methodologies and equipment calibrated to international standards. We do not guarantee any particular commercial outcome; our role is to provide objective, impartial validation data.
5. Quotes, Orders & Work Authorization
5.1 Requests submitted through our contact form, chat assistant, email or phone do not constitute a binding order until Apex issues a written Quote and the Client provides written authorization to proceed.
5.2 Quotes are valid for the period stated therein (or 30 days if not stated).
5.3 Estimated durations are good-faith estimates and may change based on Test Article readiness, scheduling, fluid compatibility, retesting, or unforeseen conditions discovered during testing.
6. Client Responsibilities & Test Articles
6.1 The Client is responsible for providing accurate specifications, datasheets, drawings, handling instructions and safety data (including for dielectric fluids and pressurized systems) for all Test Articles.
6.2 The Client warrants that it owns or has the right to submit Test Articles for testing and to share all related documentation.
6.3 The Client must disclose any known hazards. Apex may refuse or suspend testing of any Test Article that poses an unacceptable safety, environmental or equipment risk.
6.4 Unless otherwise agreed in writing, testing may be destructive or may alter the condition of the Test Article. Apex is not liable for damage to or consumption of Test Articles arising from agreed test procedures.
6.5 Storage, return shipping and disposal of Test Articles are handled as set out in the Quote; uncollected articles may be disposed of after the period stated there.
7. Test Reports, Data & Results
7.1 Reports reflect the condition of the specific Test Article(s) under the specific conditions tested at the time of testing, and may not be representative of other units or other conditions.
7.2 Reports may not be reproduced except in full, and may not be used in any misleading manner or to imply product endorsement by Apex.
7.3 Apex retains test records and raw data for the period required by applicable standards or law, after which they may be securely destroyed.
7.4 Results, diagnostics and data are provided on an impartial, vendor-neutral basis; Apex does not adjust findings to favor any party.
8. Fees, Payment & Taxes
8.1 Fees are stated in the Quote and exclude applicable taxes, duties, freight and third-party charges unless expressly stated.
8.2 Unless otherwise agreed, invoices are due within thirty (30) days of the invoice date. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law.
8.3 A “Data and Report Fee” or deposit may be required before work begins.
8.4 The Client is responsible for all reasonable collection costs, including attorneys’ fees, for overdue amounts.
9. Confidentiality & Non-Disclosure
Each party agrees to keep the other party’s non-public information confidential and to use it only to perform or receive the Services. Apex treats Client specifications, Test Articles and Reports as confidential and will not disclose them to third parties except as required to perform the Services or by law. This section survives termination. A separate signed NDA, where applicable, governs in case of conflict.
10. Intellectual Property
10.1 All content on the Website — including text, graphics, logos, the “Apex Validation Testing” name and marks, layout and software — is owned by Apex or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute or create derivative works without our prior written consent.
10.2 The Client retains ownership of its Test Articles and pre-existing intellectual property. Apex retains ownership of its testing methodologies, know-how, templates and tools. The Client receives the Report for its internal business use, subject to Section 7.
11. Website Use & Acceptable Conduct
You agree not to: (a) use the Website unlawfully; (b) attempt to gain unauthorized access to our systems, accounts or data; (c) introduce malware or disrupt the Website; (d) scrape, harvest or misuse data; (e) submit false, infringing or harmful information through our forms or chat assistant; or (f) upload files that contain viruses or that you do not have the right to share. File uploads are limited as indicated in the relevant form (e.g., a maximum of 10 MB per compatible file).
12. Privacy & Data Collection
12.1 When you submit our contact form or interact with our chat assistant, we collect the information you provide — such as your name, company, email, phone number, service of interest, estimated duration, message and any attachment — in order to respond to your inquiry and provide a tailored validation plan.
12.2 This information may be processed and stored using third-party services (including spreadsheet and cloud tools) solely for the purpose of managing your request and our business relationship.
12.3 We do not sell your personal information. We retain it only as long as necessary for the purposes described or as required by law.
12.4 To request access to, correction of, or deletion of your personal data, contact us using the details in Section 21.
13. Cookies
The Website uses cookies and similar technologies to operate the site, remember your preferences and improve your experience. By continuing to browse the Website, you consent to our use of cookies as described in this section. You can disable cookies in your browser settings, although some features of the Website may not function properly as a result.
14. Third-Party Links & Services
The Website may contain links to third-party websites or rely on third-party services (for example, social media platforms or cloud providers). Apex does not control and is not responsible for the content, policies or practices of those third parties. Accessing them is at your own risk and subject to their terms.
15. Disclaimers & Warranties
15.1 The Website is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.
15.2 Services are performed with reasonable skill and care consistent with industry standards. Except as expressly stated in a signed agreement, Apex makes no warranty that Test Articles will pass any test or that results will meet any specific regulatory, commercial or performance requirement.
15.3 Information on the Website is for general informational purposes only and does not constitute engineering, legal or professional advice.
16. Limitation of Liability
To the maximum extent permitted by law, Apex and its officers, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to the Website, the Services or these Terms. Apex’s total aggregate liability for any claim shall not exceed the fees paid by the Client for the specific Service giving rise to the claim.
17. Indemnification
You agree to indemnify, defend and hold harmless Apex and its personnel from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Website, or any Test Article or information you provide.
18. Force Majeure
Apex is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, power or equipment failures, labor disputes, supply shortages, governmental action, pandemics or other emergencies.
19. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Pennsylvania for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.
20. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Material changes take effect when posted on this page; your continued use of the Website or Services after changes are posted constitutes acceptance of the revised Terms.
21. Contact Us
If you have questions about these Terms & Conditions, please contact us:
Apex Validation Testing
308-A Poplar Street, Richland, PA 17087, United States
Email: sales@apexvalidation.com
Phone: (+1) 717-219-8040
Web: www.apexvalidation.com