Terms of Service

1. Definitions

• “Account” means the user account created to access the Services.
• “Content” means text, audio, video, images, data, and other materials.
• “Customer Data” means any information uploaded, recorded, simulated, analyzed, or otherwise processed through the Services, including call recordings, transcripts, role-play conversations, participant information, and related metadata.
• “AI Outputs” means scores, simulations, coaching insights, compliance evaluations, performance feedback, and other outputs generated by Athos.
• “Subscription” means the paid plan granting access to the Services.
• “Authorized Users” means individuals permitted by an organization to access the Services.

2. Description of Services

Athos is an AI-powered training, simulation, and performance platform designed to help organizations improve sales, compliance, and operational performance.

Services may include, but are not limited to:

We may update, modify, or discontinue any portion of the Services at any time.

3. Account Registration and Security

You must provide accurate and complete information. You are responsible for all activity under your Account.

You agree to:

• • Maintain strong password security
• • Not share credentials
• • Notify us of unauthorized access
• • Ensure Authorized Users comply with these Terms

We are not responsible for unauthorized use caused by your failure to protect credentials.

4. Subscriptions, Fees, and Billing

4.1 Fees

Subscriptions are billed monthly in advance unless otherwise stated. Fees are in U.S. dollars.

4.2 No Refund Policy

All fees are non-refundable except where required by law.

4.3 Usage-Based Charges

Certain Services may be billed based on usage, including but not limited to:

• • AI processing
• • Audio analysis
• • Simulation minutes
• • Storage
• • API calls

You agree to pay all applicable usage charges.

4.4 Fee Changes

We may change pricing with 30 days' notice. Continued use constitutes acceptance.

4.5 Late Payments

We may suspend or terminate Services for non-payment.

4.6 Taxes

You are responsible for all applicable taxes.

5. Customer Data and Ownership

You retain ownership of your Customer Data.

You grant Athos a worldwide, non-exclusive license to use Customer Data to:

• • Provide and improve Services
• • Train and refine models in anonymized and aggregated form
• • Ensure platform functionality and security

We may use de-identified data for product improvement, analytics, and benchmarking.

You represent that you have all necessary rights and consents to upload or process Customer Data.

6. Compliance, Recording, and Legal Responsibility

You are solely responsible for compliance with all laws and regulations related to:

• • Recording calls or conversations
• • Medicare, insurance, and healthcare regulations
• • Consent requirements
• • Data privacy and protection laws
• • Employment and training decisions

Athos provides tools only. We do not guarantee regulatory compliance.

You must obtain all legally required consents before recording or analyzing communications.

7. Acceptable Use

You agree not to:

We may suspend or terminate accounts that violate this section.

8. Intellectual Property

All platform technology, AI models, designs, and software are owned by Athos or licensors.

These Terms do not transfer ownership.

You grant Athos a perpetual license to use feedback.

9. Confidentiality

Each party agrees to protect confidential information and use it only as necessary to provide or use the Services.

10. Privacy

Use of the Services is subject to our Privacy Policy. If you process personal data, you agree to comply with applicable laws.

11. Term and Termination

Subscriptions automatically renew unless canceled.

We may terminate or suspend access for:

• • Breach
• • Non-payment
• • Legal or regulatory requirements

Upon termination:

• • Access ends immediately
• • Outstanding fees are due
• • Data may be deleted according to retention policies

12. Disclaimers

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

ATHOS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: Fees paid in the prior 12 months or $100.

14. Indemnification

You agree to indemnify Athos from claims arising from:

• • Your use of the Services
• • Your Customer Data
• • Failure to obtain required consents
• • Regulatory or legal violations
• • Employment or compliance decisions based on AI Outputs

15. Modifications

We may update these Terms with notice. Continued use means acceptance.

16. Governing Law and Arbitration

These Terms are governed by Delaware law.

Disputes will be resolved through:

• • Informal negotiation
• • Binding arbitration through the AAA
• • Individual basis only

Class actions are waived.

17. General

Includes entire agreement, severability, assignment, force majeure, and notices.