TERMS & CONDITIONS

Cybrix Solutions LLC Effective Date: March 28, 2025

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Cybrix Solutions LLC ("Company," "we," "us," or "our"), governing your access to and use of our website at cybrixsolution.net and all associated services, including AI voice agent and marketing solutions. By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.

Our Privacy Policy is incorporated into these Terms by reference and can be reviewed at: cybrixsolution.net/privacy-policy or by contacting us at [email protected].

1. Description of Services

Cybrix Solutions LLC provides the following services to small and medium-sized businesses:

AI Voice Agents: Automated voice-based communication solutions powered by artificial intelligence for customer interaction, appointment scheduling, lead qualification, and related tasks

Marketing Services: Digital marketing strategy, content creation, campaign management, and related marketing support

SMS Messaging Program: We may send transactional and promotional text messages to clients and opted-in contacts, including service updates, appointment reminders, marketing offers, and business notifications

Consulting & Support: Onboarding, technical support, and strategic guidance related to our service offerings

Specific deliverables, timelines, and pricing will be detailed in a separate service agreement or statement of work signed by both parties.

2. SMS Program — Terms of Use

By opting in to receive SMS messages from Cybrix Solutions LLC, you agree to the following:

Program Description: Cybrix Solutions LLC uses SMS messaging to communicate with clients and opted-in contacts regarding service updates, appointment confirmations, marketing promotions, business tips, and account-related notifications. Message frequency varies based on your engagement and preferences.

How to Opt Out: You may opt out of SMS communications at any time by replying STOP to any message you receive from us. Upon receipt of your STOP request, we will send one final confirmation message and you will be removed from our SMS list immediately. To re-enroll at any time, reply START or contact us at [email protected].

Help: For assistance with our SMS program, reply HELP to any message or contact us at [email protected].

Message & Data Rates: Message and data rates may apply to all SMS messages sent and received. These charges are billed by your mobile carrier. Cybrix Solutions LLC is not responsible for any charges incurred through your mobile carrier. Please contact your carrier for details on your plan's messaging rates.

Carrier Disclaimer: Cybrix Solutions LLC is not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your mobile carrier. Carriers are not liable for delayed or undelivered messages. Supported carriers include but are not limited to: AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, MetroPCS, and U.S. Cellular.

Eligibility: You must be 18 years of age or older and a resident of the United States to participate in our SMS program. By opting in, you confirm you are the authorized user of the mobile number provided.

Privacy: We do not sell or share your mobile number or SMS opt-in data with third parties for their marketing purposes. Please review our full Privacy Policy at cybrixsolution.net/privacy-policy.

3. Eligibility & Account Responsibilities

To use our services, you must:

Be at least 18 years of age

Have the legal authority to enter into binding contracts on behalf of yourself or your business

Provide accurate and complete information during onboarding and throughout the engagement

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use at [email protected].

4. Payment Terms

Fees for services are as outlined in the applicable service agreement or invoice

Payment is due as specified in each invoice; late payments may incur a fee of 1.5% per month or the maximum permitted by law

All fees are non-refundable unless otherwise stated in a written agreement

We reserve the right to suspend or terminate services for non-payment

Prices are subject to change with 30 days' written notice

5. Intellectual Property

Our Property: All content, technology, software, processes, methodologies, and materials developed or provided by Cybrix Solutions LLC — including the AI voice agent platform — remain the exclusive intellectual property of Cybrix Solutions LLC unless explicitly assigned in writing.

Client Property: You retain ownership of all content, data, and materials you provide to us. You grant Cybrix Solutions LLC a limited, non-exclusive license to use such materials solely to deliver the contracted services.

Deliverables: Upon full payment, you receive a license to use the agreed-upon deliverables as specified in your service agreement. Underlying tools, templates, and proprietary technology remain with Cybrix Solutions LLC.

6. Acceptable Use

You agree not to use our services to:

Violate any applicable local, state, federal, or international law or regulation

Transmit spam, unsolicited communications, or engage in deceptive practices

Infringe upon the intellectual property rights of any third party

Harass, threaten, or harm any individual or entity

Interfere with, disrupt, or attempt to gain unauthorized access to our systems

Use our AI voice agent technology for illegal robocalling or in violation of TCPA, FCC regulations, or any applicable telemarketing laws

Send unsolicited SMS messages or use our platform in violation of the Telephone Consumer Protection Act (TCPA) or CTIA guidelines

We reserve the right to terminate services immediately for violations of this section, without refund.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives termination of the agreement for a period of two (2) years, unless otherwise agreed in writing. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Disclaimers & Limitation of Liability

No Guarantee of Results: We provide AI voice and marketing services using industry best practices, but we do not guarantee specific business outcomes, revenue, lead generation results, or AI performance metrics.

Disclaimer of Warranties: Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement.

Limitation of Liability: To the maximum extent permitted by law, Cybrix Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability to you shall not exceed the amount paid by you to us in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cybrix Solutions LLC and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

Your use of our services in violation of these Terms

Your violation of any law or third-party rights

Content or materials you provide to us

10. Term & Termination

These Terms remain in effect for the duration of your use of our services. Either party may terminate the engagement with 30 days' written notice unless otherwise specified in a service agreement. We may terminate or suspend access immediately, without prior notice, for material breach of these Terms, non-payment, or conduct we determine to be harmful to our business or other clients. Upon termination, all outstanding fees become immediately due and licenses granted to you will cease.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Broward County, Florida, in accordance with the American Arbitration Association rules. You waive any right to participate in class-action lawsuits against Cybrix Solutions LLC.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

13. Contact Us

Cybrix Solutions LLC Email: [email protected] Website: cybrixsolution.net Privacy Policy: cybrixsolution.net/privacy-policy

Every flagged item from the review should now be covered. The biggest additions were the full SMS section in both documents, the hard "no sharing" statement for SMS opt-in data, the STOP/HELP opt-out instructions, message & data rate disclosures, and the carrier liability disclaimer. Good luck getting that review to pass!