Terms and Conditions
Last updated January 20, 2025
Welcome to Athrive. These Terms of Service ("TOS") govern your access to and use of our website, products, and services. By purchasing or using our services, you agree to be bound by these terms. Please read them carefully.
1. OUR SERVICES
Athrive provides a range of digital marketing and web services, including website design, web development, marketing automation, and digital advertising. Our services may be offered as one-time purchases or on a subscription/recurring basis.
2. SMS TEXT MESSAGING
Opting Out
• By opting into our program, you’ll receive valuable updates and insights to help your business thrive. Our services include website design, web development, marketing automation, and digital advertising to drive growth and customer engagement.
• When you opt in, you can expect to receive a message such as: “You have successfully opted in for messages from Athrive. Reply STOP to unsubscribe.” If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP". Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.
• To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
Message and Data Rates
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. Carriers are not liable for delayed or undelivered messages. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected]
3. ACCEPTANCE OF TERMS
By accessing or using our services, you acknowledge that you have read, understood, and agree to comply with these TOS. If you do not agree to these terms, please refrain from using our services.
4. USE OF SERVICES
You agree to use our services for lawful purposes and in a manner that does not violate any applicable laws or regulations. You agree not to:
• Use our services in any way that could harm, disable, or overburden our systems.
• Engage in any fraudulent activities or misuse our services.
• Attempt to bypass or breach any security mechanisms related to our services.
5. PURCHASES AN PAYMENTS
You agree to provide accurate and up-to-date account and payment information for all purchases, including email, payment method, and card details. Prices may change, and we may correct pricing errors even after payment. We reserve the right to refuse, limit, or cancel orders at our discretion, including those placed by the same account, payment method, or address, or by suspected resellers.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Free Trial
We offer a 30-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected]
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. CUSTOM PROJECTS
For custom projects, such as web development services, paying the provided invoice signifies the client’s acknowledgment and acceptance of the detailed Scope of Work (SOW). This payment confirms agreement to the project’s scope, deadlines, and terms. Any revisions or requests beyond the initial scope may result in additional charges and necessitate a new agreement.
8. FAILURE TO MAKE PAYMENTS
Failure to make payments in accordance with these Terms of Service may result in immediate suspension or termination of services. Athrive reserves the right to take the following actions in the event of missed or late payments:
• Suspension of Services: If payment is not received by the due date, we reserve the right to suspend all services until full payment is received.
• Termination of Services: If payment is not received within 10 days of the payment due date, we reserve the right to terminate the agreement and cease all services provided to you.
• Loss of Data or Content: In the event of termination due to non-payment, Athrive is not responsible for any loss of data, website content, or other materials. It is your responsibility to ensure that you have proper backups of your data.
9. MISSED DEADLINES DUE TO CLIENT ACTIONS
Athrive strives to meet all project deadlines and deliverables as outlined in our agreements. However, we cannot be held responsible for missed deadlines or delays in project completion due to the following client-related actions:
• Failure to Respond: Delays in responding to communication or meeting scheduling requests from Athrive may affect the project timeline.
• Failure to Provide Information or Resources: Failure to provide required information, content, materials, or access to systems or accounts necessary to complete the project will result in delays.
• Scope Changes: If the client requests changes to the project scope after a milestone has been approved or a signoff has been provided, this may lead to timeline extensions.
• Indecision or Frequent Changes: Frequent changes in direction or indecision from the client after project milestones are approved may result in delays or additional costs.
By agreeing to these terms, you acknowledge that delays caused by any of the above factors are the responsibility of the client, and Southwest Digital will not be liable for any missed deadlines as a result.
10. INTELLECTUAL PROPERTY
All content, designs, materials, and intellectual property supplied by Athrive remain our property unless explicitly stated otherwise. We grant you a non-exclusive, non-transferable license to use the services and materials for personal or business purposes. Reproduction, resale, or redistribution of any content or materials is prohibited without our prior written consent.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://athrivepro.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom and United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom and United States, then through your continued use of the Services, you are transferring your data to the United Kingdom and United States, and you expressly consent to have your data transferred to and processed in the United Kingdom and United States.
12. DISCLAIMER OF RESULTS
Athrive offers digital marketing and web development services rooted in industry best practices and our expertise. However, we do not guarantee specific results, outcomes, or performance from the services provided. Results may vary due to various factors, including but not limited to market conditions, your business model, competition, and customer behaviour.
By using our services, you acknowledge that metrics such as increased traffic, improved conversion rates, or revenue growth are not guaranteed. You also agree not to hold Athrive responsible for any perceived shortcomings or unsatisfactory outcomes.
13. DISCLAIMER OF WARRANTIES
Our services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not guarantee that our services will meet your specific requirements or that the services will be uninterrupted, timely, secure, or error-free.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Athrive shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use of our services.
15. CHANGES TO TERMS
We reserve the right to modify these Terms of Service at any time. If any changes are made, we will notify you via email or post a notice on our website. Your continued use of our services after any changes to these terms constitutes acceptance of those changes.
16. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Athrive and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
17. CONTACT INFORMATION
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please email us at [email protected]