These Terms and Conditions (“Terms”) govern your use of arcytex.com and the services provided by Arcytex LLC, 14747 N. Northsight Blvd. #111-212, Scottsdale, AZ 85260, United States (“Arcytex”, “we”, “us”, or “our”).
Please read these Terms carefully. By accessing this website or engaging us for services, you agree to be bound by them.
Interpretation and Definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions have the same meaning whether they appear in singular or in plural.
Definitions
For the purposes of these Terms:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Client means the individual or entity that engages Arcytex to perform Services.
- Company (referred to as either “the Company”, “Arcytex”, “We”, “Us” or “Our” in this agreement) refers to Arcytex LLC, 14747 N. Northsight Blvd. #111-212, Scottsdale, AZ 85260, United States.
- Deliverables means the automations, agents, workflows, code, configurations, sub-accounts, documentation, and other work product we produce for a Client under an Order.
- Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
- Order means the written scope, proposal, or package description accepted by a Client that describes the Services to be performed, the fees, and the delivery date.
- Service means, together, the Website and the Services.
- Services means the implementation work Arcytex performs for Clients, including HighLevel builds, AI voice and chat agents, workflow automation, custom software, and retainer capacity.
- State refers to the State of Arizona, United States.
- Third-party Service means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service, or that a Deliverable depends on to operate.
- Website refers to Arcytex, accessible from arcytex.com.
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.
Acknowledgment
These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures on the collection, use, and disclosure of Your personal information, and tells You about Your privacy rights.
Services
Arcytex provides implementation services: we build, install, and configure marketing and AI systems in the Client’s own environment. The specific work, fees, and delivery date for any engagement are set out in an Order.
Services are performed under either:
- a fixed-scope package, where a defined deliverable is performed for a stated fee; or
- a retainer, where a block of hours is purchased and applied to work the Client directs.
Where an Order conflicts with these Terms, the Order controls for that engagement.
We do not guarantee any particular business result, revenue figure, lead volume, or conversion rate. Any figures, dashboards, or examples shown on the Website are illustrative and are not a forecast, projection, or promise of results.
Fees and Payment
- The retainer rate is $100 per hour, with a 10-hour minimum per engagement.
- Retainers may be purchased either as an hourly block at that rate, or as a named monthly tier with an included hour allowance and a stated response-time target. Monthly tiers are priced at the same $100 per hour; the tier determines the included hours and the response-time target, not the rate.
- Hours used beyond a tier’s included allowance are billed at $100 per hour.
- Unused retainer hours roll over to the following month.
- Work performed outside business hours or on weekends is billed at $200 per hour.
- Fixed-scope packages are billed at the fee stated in the Order.
- Response-time targets attached to a retainer tier are targets for our first substantive response, not delivery deadlines, and are separate from the On-Time Delivery guarantee below.
- Fees are stated in US dollars and are exclusive of taxes, which are the Client’s responsibility where applicable.
- Fees do not include third-party costs — platform subscriptions, API or model usage, telephony, messaging, or registration fees. Those are billed by the relevant provider directly to the Client unless the Order says otherwise.
Retainers are month-to-month. There are no annual contracts and no lock-in. A Client may cancel a retainer at any time; cancellation takes effect at the end of the then-current month.
Refunds
If a Client is not satisfied within the first 14 days of an engagement, the Client may request a refund of fees paid for that engagement and we will issue it. No questions, and no exit interview.
To request a refund, email support@arcytex.com within that 14-day window.
After the 14-day window, fees already paid are non-refundable, and any remaining unused retainer hours remain available to the Client for the duration of the engagement rather than being refunded. Third-party costs already incurred on the Client’s behalf are not refundable at any point, because they are not ours to return.
Our Guarantees
We publish four guarantees and we stand behind them as contractual commitments, subject to these Terms:
- Zero Downtime. If we break something in a Client’s environment, we fix it at our cost — within hours, not days.
- On-Time Delivery. We give a delivery date in writing in the Order. If we miss that date for reasons within our control, we complete the remaining scoped work at no additional charge.
- 14-Day Satisfaction. As set out in Refunds above.
- No Contract. No annual commitments. A retainer may be cancelled at any time.
Limits on the On-Time Delivery guarantee. The delivery date excludes delay caused by anything outside our control, including: Client delay in providing access, content, approvals, or feedback; third-party review or approval timelines; and third-party outages. As one concrete example, A2P 10DLC registration for US SMS is approved by The Campaign Registry and the mobile carriers on their own timeline — typically a few business days, sometimes several weeks — and that time is not counted in our delivery timelines or against this guarantee.
Ownership and Intellectual Property
The Client owns the Deliverables. On full payment of the fees for an Order, all Deliverables produced for that Client under it are the Client’s property. They live in the Client’s own environment, under the Client’s own accounts. If the engagement ends, they keep running without us. There is no ongoing licence fee payable to Arcytex for the continued use of a Deliverable, and no requirement to maintain a relationship with us in order to keep using it.
The Client retains ownership of all content, data, trademarks, and materials it provides to us.
Arcytex retains ownership of its own pre-existing and general-purpose materials — internal tooling, templates, frameworks, checklists, and know-how — including any improvements to them, and may reuse these on other engagements. Nothing in this section transfers a Client’s confidential information or data to us or to any other client.
Arcytex retains ownership of the Website and its content, branding, and design.
Confidentiality
We treat Client data as if it were our own. We will not disclose a Client’s confidential information to any third party except to personnel and subcontractors who need it to perform the Services and who are bound by confidentiality obligations, or where disclosure is required by law.
We sign non-disclosure agreements as standard. A Client may require its own NDA, and we will sign a reasonable one.
Where Services require access to a Client’s systems, we ask for the least access that will do the job, and we ask the Client to revoke that access when the engagement ends.
Client Responsibilities
To let us deliver on the dates we commit to, the Client agrees to:
- provide timely access to the systems, accounts, and platforms the work requires;
- provide content, assets, and decisions we ask for, and respond to requests for approval within a reasonable time;
- maintain its own subscriptions with third-party platforms the Deliverables depend on; and
- ensure it has the right to give us the data and access it gives us, and that its use of the Deliverables complies with applicable law, including marketing, telemarketing, messaging, and data-protection rules.
Delay caused by any of the above extends our delivery dates accordingly.
Personnel and Subcontractors
Arcytex delivers using its own team and a network of specialists. We may use subcontractors to perform Services. We remain responsible to the Client for work performed by our subcontractors, and they are bound by confidentiality obligations no less protective than those in these Terms.
Third-Party Services
The Services and Deliverables depend on third-party platforms and services that we do not own or control. We are not responsible for a third party’s availability, pricing changes, policy changes, feature removal, approval decisions, or outages, or for any resulting interruption to a Deliverable.
Our Service may also contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party website or service that You visit.
Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Website ceases immediately.
Either party may terminate an ongoing retainer as set out in Fees and Payment. Either party may terminate a fixed-scope Order for the other party’s material breach that remains uncured 14 days after written notice. On termination of an Order, the Client pays for Services performed up to the termination date, and we hand over the Deliverables produced to that point.
Limitation of Liability
To the maximum extent permitted by applicable law, the entire liability of the Company and its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, is limited to the amount of fees actually paid by You to the Company under the Order giving rise to the claim in the twelve months preceding the claim, or 100 USD if You have not purchased any Services.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever — including damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy — arising out of or in any way related to the use of or inability to use the Service, third-party software, or third-party hardware used with the Service, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Nothing in this section limits our obligations under Our Guarantees or Refunds above.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In those states, each party’s liability will be limited to the greatest extent permitted by law.
”AS IS” and “AS AVAILABLE” Disclaimer
This section does not apply to Our Guarantees or Refunds above, which are given expressly and are not disclaimed here. Subject to that, the following applies.
The Website is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, the Company makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included on it; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In such a case the exclusions and limitations in this section apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of Arizona, United States, excluding its conflict of law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@arcytex.com.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Changes to these Terms do not reduce the guarantees applicable to an Order already accepted before the change took effect.
Contact Us
If you have any questions about these Terms, you can contact us:
- By email: support@arcytex.com
- By mail: Arcytex LLC, 14747 N. Northsight Blvd. #111-212, Scottsdale, AZ 85260, United States