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Terms of Service & Subscription Agreement

Effective date: June 18, 2026  ·  Athenix LLC, a Florida limited liability company  ·  Contact: info@athenixapp.com

These Terms of Service (“Terms”) govern your access to and use of the services provided by Athenix LLC (“Athenix,” “we,” “us,” or “our”). By subscribing to, paying for, or using the Service, you (“Client,” “you,” or “your”) agree to these Terms. If you do not agree, do not use the Service. If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1. Definitions 2. The Service 3. Eligibility & Account 4. Setup Services 5. Fees, Billing & Renewal 6. Term, Cancellation & Suspension 7. Your Responsibilities 8. Acceptable Use 9. AI Features & Disclaimer 10. Calls & Messaging 11. Access Authorization 12. Third-Party Services 13. Your Data & Privacy 14. Intellectual Property 15. Feedback 16. Warranties & Disclaimers 17. Limitation of Liability 18. Indemnification 19. Changes to Service & Terms 20. Governing Law & Disputes 21. Notices 22. General

1. Definitions

2. The Service

Athenix provides an AI-powered system for service businesses that may include an AI receptionist that answers calls, appointment booking, automated quote and estimate building, customer follow-up, messaging, and marketing assistance. Available features depend on your plan tier. The Service is provided on a subscription basis and is done-for-you: we configure and operate it on your behalf. We may modify, add, or remove features over time.

3. Eligibility & Account

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of the information you provide, for all activity under your account, for any users you authorize, and for keeping your account and login credentials secure. Notify us promptly of any unauthorized use.

4. Setup Services

A one-time setup fee applies, ordinarily $1,850. For a limited summer promotion ending August 15, 2026, setup is currently offered at a discounted rate starting at $750, based on the size and complexity of your business. Larger operations (for example, around 20 or more employees) or businesses needing additional configuration may require additional setup fees, which will be quoted to you and approved by you in writing before that work begins. The setup fee covers up to 5 hours of done-for-you setup; setup work beyond 5 hours is billed at $95.00 per hour, also quoted and approved in writing in advance. We will not exceed the included hours without your approval. Promotional pricing applies to setups booked on or before August 15, 2026; setup timelines are estimates and depend on your timely cooperation and access.

5. Fees, Billing & Renewal

6. Term, Cancellation & Suspension

7. Your Responsibilities

8. Acceptable Use

You agree not to, and not to permit others to: (a) use the Service for unlawful, deceptive, harassing, or harmful purposes; (b) send spam or contact people who have not consented; (c) infringe others’ rights or violate any law; (d) attempt to reverse engineer, disrupt, overload, or gain unauthorized access to the Service; (e) resell or sublicense the Service without our written consent; or (f) use the Service to build a competing product. We may investigate and take appropriate action, including suspension or termination, for violations.

9. AI Features & Disclaimer

The Service uses artificial intelligence and machine-learning technologies, which may create content, generate responses, and analyze information based on Client Data and your use of the Service in order to provide, operate, and improve the Service. AI can make mistakes, produce inaccurate or unexpected output, and should not be relied upon as professional advice. The Service is an assistant, not a guarantee. Because you review and approve customer-facing output via Final Approve, you are responsible for any content you approve and send, and we are not liable for AI-generated output you approve or rely on.

10. Calls & Messaging

The Service may place and answer calls and send text messages and emails on your behalf, using your designated numbers and accounts. You are solely responsible for ensuring you have all legally required consents from the individuals contacted, and for complying with all telemarketing, messaging, recording, and privacy laws applicable to your communications. You authorize us to configure and operate these communications as part of the Service. Carrier and provider rules (including A2P/10DLC registration) may affect message delivery, and we do not guarantee deliverability.

11. Access Authorization

To set up and operate the Service, you authorize Athenix to access and configure the accounts and systems you designate (such as your phone/number, calendar, CRM, website, email, and messaging tools) on your behalf, acting as your authorized agent for those configurations. You remain responsible for the security of your own credentials and may revoke this authorization at any time, understanding that doing so may limit or stop the Service. Where possible, grant access by adding us as a user or via secure sharing rather than sharing raw passwords.

12. Third-Party Services

The Service relies on and integrates with Third-Party Services (for example, Twilio, Stripe, Google, and AI providers). Your use of those services is governed by their own terms and privacy policies, and they are responsible for their own performance. We are not responsible or liable for Third-Party Services, their availability, or any acts or omissions of their providers. If a Third-Party Service changes, limits, or discontinues its offering, it may affect the Service.

13. Your Data & Privacy

14. Intellectual Property

Athenix and its licensors own all rights in the Athenix platform, software, agents, prompts, configurations, templates, and brand. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription for your internal business purposes. You retain ownership of your own content, data, and branding that you provide. No rights are granted except as expressly stated.

15. Feedback

If you give us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

16. Warranties & Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT WILL PRODUCE ANY SPECIFIC RESULT, REVENUE, OR LEVEL OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHENIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING IT AND CANCEL.

18. Indemnification

You will defend, indemnify, and hold harmless Athenix and its members, officers, and agents from any third-party claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) content or communications you approve or send; (c) Client Data; (d) your violation of these Terms or any law (including consent, messaging, or recording laws); or (e) your business or your products and services.

19. Changes to Service & Terms

We may modify the Service and may update these Terms or our pricing from time to time. We will provide reasonable notice of material changes (for example, by posting an updated effective date or notifying you). Your founding rate remains locked while your subscription stays active and continuous. Your continued use after a change takes effect means you accept the updated Terms.

20. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Before filing a claim, the parties agree to try in good faith to resolve any dispute informally by contacting info@athenixapp.com. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to that jurisdiction and venue. Each party waives any right to a jury trial to the extent permitted by law.

21. Notices

We may provide notices to you by email to the address on your account or by posting within the Service. You may send notices to us at info@athenixapp.com. Notices are deemed received when sent (for email) or posted.

22. General

These Terms (together with any order or checkout terms and our policies referenced here) are the entire agreement between you and Athenix regarding the Service and supersede prior agreements on this subject. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure). Sections that by their nature should survive termination will survive. You consent to receive communications and agreements electronically. Headings are for convenience only.

By subscribing, you acknowledge that you have read, understood, and agree to these Terms.