1. Agreement to these Terms
These Terms of Service ("Terms") are a legal agreement between Athollus Technologies LLC, a California limited liability company ("Athollus," "we," "us," or "our"), and the individual or entity that accesses or uses the Services ("you," "your," or "Customer"). By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If a separate written agreement between you and Athollus covers the Services, that agreement controls where it conflicts with these Terms.
2. Definitions
"Services" means the Athollus cloud-based business intelligence and decision-support platform, including the website, applications, integrations, APIs, and related features we make available.
"Workspace" means the isolated company environment created for a Customer in which its data, users, and settings reside.
"Authorized User" means an individual whom a Customer permits to access its Workspace, such as an employee, owner, or collaborator.
"Customer Content" means the data, files, records, and other materials that a Customer or its Authorized Users upload to, connect to, or generate within the Workspace, including uploaded files and data obtained from connected services.
"Output" means the reports, summaries, analyses, insights, and other results the Services generate from Customer Content and other inputs, including AI-generated results.
"External Intelligence" means third-party and public data (such as weather, foreign-exchange, economic, and regional statistics) that Athollus uses to enrich analysis.
"Company Memory" means the business context — such as goals, preferences, prior analyses, and strategic notes — that the Services store within a Workspace so that analysis stays consistent over time.
"Documentation" means the user guides, help materials, and specifications we make available for the Services.
3. The Services
Athollus is an intelligence layer that sits above your business systems. It enables you to upload and connect business data, analyze it using deterministic analytics and AI, ask questions about your business, monitor metrics, generate executive reports, and securely share intelligence within your organization. Athollus is not a bookkeeping platform, CRM, ERP, accounting system, or data broker, and it does not provide legal, tax, accounting, investment, or other professional advice.
We may modify, enhance, or discontinue features of the Services over time. We will not make changes that materially reduce the core functionality of a paid subscription during a paid term without providing notice or a reasonable remedy.
4. Accounts and Workspaces
To use the Services you must create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at security@athollus.com if you suspect any unauthorized access.
A Customer's Workspace is administered by the Customer. The Customer is responsible for managing its Authorized Users, assigning permissions, and ensuring that each Authorized User complies with these Terms. The Customer is responsible for the acts and omissions of its Authorized Users as if they were its own.
You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business use.
5. Subscriptions, fees, and payment
Certain features of the Services are or will be offered on a paid subscription basis. Where paid plans apply, the following terms govern, and specific pricing, billing cycles, and plan details will be presented at the point of purchase or in an order.
Fees. You agree to pay all fees for the plan you select. Unless stated otherwise, fees are quoted and payable in U.S. dollars and are exclusive of taxes, which you are responsible for.
Billing. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You authorize us and our payment processor to charge your payment method for applicable fees.
Payment processing. Payments are processed by our third-party processor (currently Stripe). Your use of payment features may be subject to the processor's terms, and you are responsible for the accuracy of the payment information you provide.
Non-payment. If a payment fails or an account is past due, we may suspend or limit access after reasonable notice.
Changes to fees. We may change fees for future terms; we will provide advance notice, and changes will not affect the term already paid for.
Refunds. Except as required by law or expressly stated, fees are non-refundable.
Current plan options, pricing, billing cycles, and any free trial are presented within the Services or an applicable order at the time of purchase. For billing questions, contact us at billing@athollus.com.
6. Customer Content
6.1 Ownership of Customer Content
As between the parties, the Customer owns all right, title, and interest in its Customer Content, including uploaded files, business data, documents, and the company information it provides. Athollus does not claim ownership of Customer Content.
6.2 License to operate the Services
You grant Athollus a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, display, and otherwise use Customer Content solely as needed to provide, maintain, secure, and improve the Services for you, and as otherwise permitted in these Terms and our Privacy Policy. This license exists only to run the Services for you and ends when the relevant Customer Content is deleted, except for residual copies retained in backups until they expire.
6.3 Your responsibilities for Customer Content
You represent and warrant that you have all rights, consents, and authority necessary to upload and connect the Customer Content and to allow Athollus to process it as described. You are responsible for the accuracy, quality, and legality of Customer Content and for ensuring your use complies with applicable laws, including privacy and data-protection laws that apply to any personal information contained in it. You must not upload data you are not authorized to use.
6.4 Data processing role
Where Customer Content includes personal information, Athollus processes it on the Customer's behalf as a service provider/processor, in accordance with our Privacy Policy and, where the parties enter into one, a Data Processing Addendum. The Customer is responsible for providing any notices to, and obtaining any consents from, the individuals whose information it uploads or connects.
7. Connected services and third parties
The Services can connect to third-party services (such as Google Sheets today, and additional integrations over time) at your direction. When you connect a third-party service, you authorize Athollus to access and process the information within the scope you grant, solely to provide the Services. Your use of a third-party service is governed by that third party's own terms and privacy policies, and Athollus is not responsible for third-party services. You can disconnect a connected service at any time, which stops future access to that service's data.
8. External Intelligence
To improve analysis, the Services may enrich your data with External Intelligence from trusted public and third-party sources. External Intelligence is provided "as is" for informational purposes; Athollus does not guarantee its accuracy, completeness, or timeliness, and you should not treat it as authoritative for regulatory, financial, or legal purposes.
9. Intellectual property
9.1 Athollus IP
Athollus owns and retains all right, title, and interest in and to the Services and all related intellectual property, including the software, algorithms, models, AI workflows, prompts, user interface, platform, branding, source code, and documentation. Except for the limited rights expressly granted to you, no rights are granted to you by implication or otherwise. Athollus reserves all rights not expressly granted.
9.2 License to use the Services
Subject to these Terms and payment of applicable fees, Athollus grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your subscription.
9.3 Ownership of Output
As between the parties, and subject to Athollus's rights in the underlying Services, you own the reports and Output generated from your Customer Content, and you may use them for your business purposes. Athollus retains all rights in the underlying software, models, prompts, methods, and platform technology used to generate Output. Because AI Output may be generated using techniques that can produce similar results for different users, Athollus may develop, and provide to others, Output or features that are similar to yours, provided we do not use your Customer Content to do so except in aggregated or de-identified form that does not identify you.
9.4 Feedback
If you give us suggestions or feedback about the Services, you grant Athollus a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
10. Acceptable use
You agree not to, and not to permit any Authorized User or third party to:
use the Services for any illegal, harmful, fraudulent, infringing, or offensive purpose, or to store or transmit unlawful content;
upload or transmit malware, viruses, or other malicious code, or engage in phishing;
infringe the intellectual property, privacy, or other rights of any person, or upload data you are not authorized to use;
abuse, manipulate, or attempt to circumvent the AI features, including to generate unlawful content or to extract underlying models or prompts;
probe, scan, attack, overload, or attempt to gain unauthorized access to the Services, other Workspaces, or related systems;
reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent this restriction is prohibited by law;
access another organization's Workspace or data without authorization;
resell, sublicense, or provide the Services to third parties except as expressly permitted; or
use the Services to build a competing product or to benchmark for a competitor without our written consent.
We may investigate suspected violations and may suspend or restrict access to protect the Services, our users, or third parties. Where practical, we will provide notice, but we may act immediately in cases of significant risk.
11. AI features and no automated decision-making
The Services use AI to summarize data, explain trends, answer questions, and generate reports and recommendations. The AI provides analysis and suggestions; it does not automatically make business decisions for you, and you remain solely responsible for reviewing Output and deciding whether and how to act on it. AI Output may be inaccurate, incomplete, or not suitable for your particular situation. You should independently verify Output before relying on it, especially for material decisions. The Services do not provide legal, tax, accounting, investment, or other professional advice.
AI features are powered in part by third-party AI providers, and your use of them is subject to those providers' applicable acceptable-use and usage policies. You agree not to use the AI features in a way that would violate those policies. We do not permit your Customer Content to be used to train third-party foundation models for the benefit of other customers, and we contract with our AI provider on that basis. You should not submit information into the AI features that you are not permitted to disclose to a service provider, and you are responsible for evaluating whether any Output is appropriate for your intended use.
12. Multi-tenant security and your responsibilities
Athollus provides each Customer an isolated Workspace and uses logical tenant isolation and access controls designed to keep Customer data separate. You are responsible for configuring access within your Workspace appropriately, managing sharing links, and promptly removing Authorized Users who should no longer have access. Our security practices are described further in our Security page and Privacy Policy.
13. Service availability and support
We strive to keep the Services available and reliable, but the Services are provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation, and access may be affected by maintenance, updates, or events beyond our control. Unless a separate service-level agreement is in place, we make no specific uptime commitment. Support is provided through the channels we designate, and we aim to respond to support requests within a reasonable time based on your plan.
14. Usage limits and fair use
Your plan may include limits on usage — for example, the number of Authorized Users, connected services, storage, uploads, AI requests, or reports. We may enforce these limits and may apply reasonable technical or operational controls to protect the stability and security of the Services for all customers. If your usage materially exceeds your plan or degrades the Services for others, we may contact you to adjust your plan or, where necessary, throttle or limit usage after notice. You agree not to use automated means to access the Services in a way that imposes an unreasonable load on our infrastructure.
15. Beta and trial features
From time to time we may offer features identified as beta, preview, evaluation, or trial ("Beta Features"), or provide free trials. Beta Features are provided "as is," may be changed or withdrawn at any time, may be less reliable than generally available features, and are excluded from any commitments or warranties. Free trials are provided for evaluation only and may be subject to additional terms presented at sign-up. We may modify or end a trial at any time.
16. Data export and portability
During your subscription, and for a limited period after termination where feasible, you may export your Customer Content and reports using the export tools we make available. You are responsible for retaining your own copies of Customer Content and Output. We are not obligated to retain Customer Content after the retention periods described in our Privacy Policy, and we recommend exporting anything you wish to keep before your account is closed.
17. Suspension and termination
You may stop using the Services at any time and may cancel a subscription as described at the point of purchase or in-product. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or if your use poses a security or legal risk, subject to any notice and cure requirements that apply.
On termination: your right to access the Services ends; we will make Customer Content available for export for a limited period where feasible; and we will delete or de-identify Customer Content in accordance with our Privacy Policy and retention practices, except for records we must retain by law. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.
18. Disclaimers
THE SERVICES, OUTPUT, AND EXTERNAL INTELLIGENCE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHOLLUS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the above, Athollus does not warrant that the Services will be uninterrupted, secure, or error-free, that Output will be accurate or complete, or that the Services will meet your requirements. Athollus provides business intelligence, analytical insights, and recommendations only. It does not guarantee any profits, investment returns, legal or regulatory compliance, tax or accounting outcomes, business success, or the accuracy of any decision. You are solely responsible for your business decisions and for verifying information before relying on it.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND A PARTY'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO ATHOLLUS FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100 WHERE NO FEES WERE PAID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
20. Indemnification
You will defend, indemnify, and hold harmless Athollus and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your or your Authorized Users' use of the Services in violation of these Terms or applicable law; or (c) your violation of any third-party right. Athollus will provide prompt notice of the claim, reasonable cooperation, and control of the defense (subject to your right to participate with your own counsel at your expense).
21. Confidentiality
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use the disclosing party's confidential information only to perform under these Terms and will protect it using reasonable care. This does not apply to information that is public through no fault of the receiving party, already known without a duty of confidentiality, independently developed, or rightfully received from a third party. A party may disclose confidential information if required by law, giving reasonable notice where permitted.
22. Governing law and dispute resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.
PLEASE READ THIS SECTION CAREFULLY. It requires most disputes to be resolved by binding arbitration on an individual basis and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days as described below.
22.1 Informal resolution first
Before starting an arbitration or court proceeding, the parties agree to try to resolve the dispute informally. You agree to contact us at contact@athollus.com with a brief written description of the dispute and your contact information, and we will contact you at the email associated with your account. If the dispute is not resolved within thirty (30) days after notice, either party may proceed as set out below.
22.2 Binding arbitration
Except for the disputes described in Section 22.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, where the amount in dispute qualifies, its Streamlined Rules) then in effect. The arbitration will be conducted by a single arbitrator, seated in California (or by videoconference or telephone where the parties agree), and conducted in English. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction. Each party is responsible for its own attorneys' fees and costs except where the applicable rules or law provide otherwise, and filing and arbitration fees are allocated under the applicable JAMS rules.
22.3 Class action and jury waiver
To the maximum extent permitted by law, disputes will be brought and resolved only on an individual basis, and NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. Each party waives any right to a jury trial. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.
22.4 Exceptions
Either party may (a) bring an individual claim in a small-claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in the state or federal courts located in California to protect its intellectual property or confidential information, or to address unauthorized access to or use of the Services. For those court matters, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in California.
22.5 Opt-out
You may opt out of the arbitration and class-action waiver in Sections 22.2–22.3 by sending written notice to contact@athollus.com within thirty (30) days of first accepting these Terms, stating your name, account, and intent to opt out. If you opt out, disputes will be resolved in the state or federal courts located in California, and each party consents to that jurisdiction and venue. Opting out has no effect on any other part of these Terms.
22.6 Time to bring a claim
To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises; otherwise it is permanently barred.
23. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and provide reasonable notice, such as an in-product notice or email. Changes are effective when posted, or on the date stated in the notice. Your continued use of the Services after changes take effect means you accept the revised Terms.
24. General
Entire agreement. These Terms, together with the Privacy Policy and any order or separate written agreement, are the entire agreement between the parties regarding the Services and supersede prior agreements on the subject.
Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets. We may assign these Terms in connection with a reorganization, merger, or sale.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary.
No waiver. A party's failure to enforce a provision is not a waiver of its right to do so later.
Notices. We may provide notices to you via the Services or the email associated with your account, and our automated service messages are sent from noreply@athollus.com. You may send notices to us at contact@athollus.com.
Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
Export and sanctions compliance. You represent that you are not located in, and will not use the Services in, a country or by a party subject to applicable export controls or sanctions, and that you will comply with applicable export and sanctions laws.
Publicity. Unless you opt out by contacting us, we may identify you as a customer by name and logo in customer lists and marketing, consistent with any brand guidelines you provide; we will stop on your written request.
25. Contact
Questions about these Terms can be sent to contact@athollus.com.