ARCHIMEDES WORLDWIDE, LLC

ARCHIMEDES BOS™ TERMS OF SERVICE

Technology-Enabled Advertising, Marketing, Consulting and Business Optimization Services

Effective Date: June 2, 2026

Website: https://archimedesworldwide.com

These Terms of Service (“Terms”) constitute a legally binding agreement between Archimedes Worldwide, LLC (“Archimedes Worldwide,” “Archimedes,” “we,” “us,” or “our”) and the individual or entity (“Customer,” “you,” or “your”) purchasing, accessing, or using Archimedes services, including the Archimedes BOS™ platform and services provided through it.

By purchasing a service plan, executing an order form or agreement, creating or using an account, or accessing Archimedes BOS, Customer agrees to these Terms.

If an individual accepts these Terms on behalf of a business or other organization, that individual represents that he or she has authority to bind that organization.

1. ARCHIMEDES BOS AND OUR SERVICES

Archimedes BOS™ is the technology-enabled business services platform through which Archimedes Worldwide provides and facilitates advertising, marketing, business consulting, implementation, automation, artificial intelligence, customer relationship management, communications, business optimization, and related services.

Depending upon the Customer's selected service plan, program, order form, or statement of work, Archimedes services may include:

• advertising and marketing services;

• email, SMS, telephone, social media, direct-mail, and other marketing activities;

• business and marketing consulting;

• customer relationship management (“CRM”);

• lead capture and lead-management systems;

• sales pipelines and opportunity management;

• appointment scheduling;

• automated customer and prospect follow-up;

• artificial-intelligence agents and assistants;

• AI receptionist and voice services;

• workflow and process automation;

• reputation and review-management systems;

• customer reactivation;

• referral and loyalty programs;

• business dashboards and reporting;

• websites, landing pages, forms, funnels, and related digital assets;

• integrations with third-party business applications;

• business-process design and optimization;

• training, implementation, and support; and

• other services identified in an applicable service plan or agreement.

Not every feature or service is included in every plan.

2. ARCHIMEDES PROGRAMS AND SERVICE PLANS

Archimedes may offer specialized programs, packages, brands, or service configurations using Archimedes BOS.

These may include Archimedes Home ServiceGenius™ and programs developed for particular industries or business categories.

Such programs are service offerings delivered through or in conjunction with Archimedes BOS and do not necessarily constitute separate technology platforms.

Specific features, implementation services, pricing, promotional terms, usage allowances, discounts, guarantees, and other commercial terms may be established in a Customer's order form, checkout page, service plan, proposal, statement of work, or other written agreement (“Order”).

If an Order expressly conflicts with these Terms concerning a specific commercial provision, the Order will control that provision.

3. TECHNOLOGY PLATFORM AND THIRD-PARTY SERVICES

Archimedes BOS incorporates, interfaces with, licenses, or relies upon technology and infrastructure supplied by third parties.

Customer acknowledges that Archimedes is not representing that it independently developed, owns, or operates every underlying technology component used to provide Archimedes BOS.

Archimedes may select, configure, integrate, license, replace, modify, or discontinue third-party technologies used in providing the Services, provided that Archimedes will use commercially reasonable efforts to maintain the material functionality of the applicable service offering.

Third-party services may include telecommunications, hosting, email, SMS, artificial intelligence, payment processing, calendars, social-media platforms, advertising platforms, accounting systems, data providers, and other business applications.

Use of certain third-party services may require Customer to accept separate terms or maintain separate accounts.

Archimedes is not responsible for outages, modifications, restrictions, suspensions, data policies, price changes, or other actions of third-party providers outside Archimedes's reasonable control.

4. CUSTOMER ACCOUNTS AND ACCESS

Customer is responsible for maintaining accurate account information and safeguarding usernames, passwords, authentication credentials, and other account-access information.

Customer is responsible for activity conducted through accounts assigned to Customer and its authorized users.

Customer shall promptly notify Archimedes of suspected unauthorized access or security incidents.

Customer may not sell, sublicense, transfer, lease, or provide unauthorized third parties access to Archimedes BOS except as expressly permitted by Archimedes.

5. CUSTOMER DATA

As between Archimedes and Customer, Customer retains its rights in data lawfully submitted to Archimedes BOS by or on behalf of Customer (“Customer Data”).

Customer grants Archimedes and its service providers the limited rights necessary to host, process, transmit, analyze, reproduce, modify, display, and otherwise use Customer Data as reasonably necessary to provide, secure, maintain, support, and improve the contracted Services.

Customer represents that it possesses the rights, permissions, notices, and lawful basis necessary to provide Customer Data to Archimedes and authorize its processing.

Customer remains responsible for the accuracy, quality, legality, and origin of Customer Data.

6. CUSTOMER RELATIONSHIPS

Customer remains responsible for its relationships with its own customers, prospects, employees, vendors, and other contacts.

Archimedes's provision of CRM, communication, automation, marketing, or AI functionality does not transfer Customer's legal responsibilities concerning those relationships to Archimedes.

Customer is responsible for determining whether and how its business may lawfully contact, market to, record, transact with, or collect information from particular individuals.

7. EMAIL, SMS AND TELEPHONE COMMUNICATIONS

Archimedes BOS may enable Customer to communicate through email, SMS/text messaging, telephone, voicemail, artificial-intelligence voice systems, and other communication channels.

Customer is responsible for ensuring that communications it initiates or authorizes comply with applicable laws, regulations, carrier requirements, registration requirements, platform policies, consent requirements, and opt-out requirements.

This includes, where applicable, requirements governing marketing communications, automated telephone dialing, artificial or prerecorded voice communications, AI-generated voice communications, commercial email, and SMS messaging.

Customer shall not use Archimedes BOS to send unlawful spam or communications to individuals for whom Customer lacks any legally required consent or other lawful basis.

Archimedes may suspend communications functionality when reasonably necessary to address suspected unlawful activity, excessive complaint rates, carrier restrictions, platform violations, security issues, or material risk to Archimedes or its service providers.

8. CALL RECORDING, TRANSCRIPTION AND AI VOICE

Archimedes BOS may provide functionality for recording, monitoring, transcribing, summarizing, analyzing, or automatically handling telephone calls.

Customer is responsible for determining and complying with applicable notice and consent requirements.

Customer shall configure and use recording and AI voice functionality in a lawful manner.

Archimedes may provide tools or recommended disclosures to assist Customer, but Customer remains responsible for determining the requirements applicable to its business and jurisdictions.

9. ARTIFICIAL INTELLIGENCE

Archimedes BOS may include artificial-intelligence systems capable of generating text, speech, summaries, recommendations, classifications, marketing content, responses, analyses, workflow decisions, or other output (“AI Output”).

Artificial intelligence is probabilistic and may produce incorrect, incomplete, misleading, or inappropriate information.

Customer is responsible for establishing appropriate human supervision and reviewing material AI Output before relying upon it where circumstances reasonably require human review.

Customer shall not represent AI Output as verified professional advice when it has not been appropriately reviewed.

Unless expressly agreed otherwise, Archimedes BOS AI functionality is not a substitute for legal, tax, accounting, medical, financial, insurance, engineering, or other regulated professional advice.

Archimedes does not guarantee that AI Output will be accurate, complete, unique, or suitable for a particular purpose.

10. AUTOMATION AND CUSTOMER CONFIGURATION

Archimedes may configure workflows, automations, triggers, routing rules, AI prompts, pipelines, calendars, campaigns, and other business processes for Customer.

Customer acknowledges that automated systems can produce unintended results when underlying information, integrations, instructions, configurations, or third-party systems change.

Customer should periodically review material automated processes.

Changes made by Customer, Customer's employees, contractors, consultants, or other authorized users may affect systems configured by Archimedes.

Archimedes is not responsible for malfunctions or unintended results caused by unauthorized or improper changes made outside Archimedes's control.

11. ADVERTISING AND MARKETING RESULTS

Marketing, advertising, lead generation, reputation management, automation, and business consulting involve factors outside Archimedes's control.

Unless an Order expressly provides a specific written guarantee, Archimedes does not guarantee any particular number of leads, appointments, customers, sales, revenue, profit, search ranking, advertising return, conversion rate, or other business result.

Examples, projections, calculators, case studies, estimates, opportunity analyses, or demonstrations are illustrative and do not constitute guarantees of future performance.

Customer remains responsible for pricing, sales decisions, fulfillment, customer service, business operations, and closing opportunities generated through marketing activities.

12. IMPLEMENTATION AND CUSTOMER COOPERATION

Successful implementation may require Customer to provide information, credentials, approvals, content, access, integrations, domain settings, telephone information, calendars, payment accounts, business rules, or other materials.

Customer agrees to provide reasonably requested information and cooperation.

Implementation schedules may be affected by Customer delays, third-party approvals, telecommunications registration, domain configuration, advertising-platform approvals, carrier registration, software integrations, or other circumstances outside Archimedes's control.

13. FEES AND PAYMENT

Customer agrees to pay the fees specified in the applicable Order.

Fees may include setup, implementation, recurring service, usage, communications, advertising, integration, customization, consulting, or other charges.

Unless otherwise stated in an Order, recurring fees are billed in advance and usage-based charges may be billed in arrears.

Customer authorizes Archimedes and its payment processors to charge the payment method provided for amounts due under the applicable Order.

Customer is responsible for applicable sales, use, excise, telecommunications, or similar transaction taxes, excluding taxes imposed on Archimedes's net income.

14. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

Recurring service plans continue and automatically renew for successive billing periods until canceled in accordance with the applicable Order and these Terms.

The applicable checkout, proposal, or Order should disclose the recurring charge and billing frequency.

Cancellation prevents future renewals but does not ordinarily result in a refund of fees already earned or paid except where required by law or expressly provided by a written guarantee or Order.

15. PROMOTIONAL PRICING AND FOUNDERS PROGRAMS

Archimedes may offer introductory, promotional, Founders, beta, pilot, or other special pricing.

Eligibility and duration are determined by the applicable offer or Order.

Promotional pricing may be conditioned upon continued participation, feedback, timely payment, account status, or other disclosed requirements.

Any promised “lifetime” discount applies only according to the terms of the applicable written offer and does not require Archimedes to continue offering a discontinued product, service, plan, third-party technology, or feature indefinitely.

16. GUARANTEES AND REFUNDS

Any guarantee, refund right, trial period, or buy-back provision applies only when expressly stated in the applicable Order or written offer.

The terms of that guarantee—including eligibility, duration, exclusions, and procedure for requesting a refund—will control.

Except for an applicable written guarantee or as required by law, payments are non-refundable once earned.

17. CANCELLATION

Unless an applicable Order establishes a minimum commitment or different cancellation procedure, Customer may cancel a recurring service plan before the next renewal date.

Cancellation does not eliminate amounts already due.

Upon cancellation or termination, access to some or all Archimedes BOS functionality may cease.

Customer is responsible for exporting Customer Data it wishes to retain before account closure, subject to functionality made available by Archimedes and applicable retention requirements.

Archimedes may retain certain information when reasonably necessary for legal, regulatory, security, backup, fraud-prevention, accounting, or legitimate business purposes.

18. ACCEPTABLE USE

Customer may not use Archimedes BOS or Archimedes services to:

• violate applicable law;

• engage in fraud or deceptive practices;

• impersonate another person or organization unlawfully;

• send unlawful spam or prohibited communications;

• distribute malware or malicious code;

• attempt unauthorized access to systems or data;

• interfere with platform security or operation;

• scrape or extract data in violation of law or third-party rights;

• infringe intellectual-property or privacy rights;

• transmit unlawful, threatening, or intentionally harmful content;

• manipulate reviews or communications in violation of applicable platform rules;

• use services in a manner reasonably likely to damage Archimedes's infrastructure, telecommunications standing, sender reputation, third-party relationships, or other customers; or

• assist another person in doing any of the foregoing.

Archimedes may investigate suspected violations and may restrict or suspend affected functionality when reasonably necessary to protect the Services, customers, third parties, or Archimedes.

19. INTELLECTUAL PROPERTY

Archimedes and its licensors retain all rights in Archimedes BOS, Archimedes brands, service methodologies, configurations, templates, workflows, documentation, training materials, designs, software components, know-how, and other intellectual property owned or licensed by Archimedes.

These Terms do not transfer ownership of Archimedes intellectual property to Customer.

Customer receives a limited, non-exclusive, non-transferable right to access and use the Services during the applicable subscription or service period for Customer's internal business purposes.

Third-party intellectual property remains the property of its respective owners.

20. CUSTOMER CONTENT AND MARKETING MATERIALS

Customer retains ownership of Customer-created logos, trademarks, photographs, copy, videos, and other materials supplied to Archimedes.

Customer grants Archimedes permission to use such materials as reasonably necessary to provide the Services.

Customer represents that materials supplied to Archimedes may lawfully be used for the requested purpose and do not knowingly infringe third-party rights.

21. FEEDBACK

If Customer provides ideas, suggestions, recommendations, or feedback regarding Archimedes BOS or the Services, Archimedes may use that feedback to develop, improve, and operate its products and services without restriction or compensation, provided Archimedes does not thereby acquire ownership of Customer's confidential information.

22. CONFIDENTIAL INFORMATION

Each party may receive nonpublic business, technical, financial, customer, marketing, or operational information belonging to the other party.

Each party agrees to use reasonable care to protect confidential information and use it only for purposes related to the business relationship.

Confidential information does not include information that is publicly available without breach, independently developed without use of confidential information, lawfully obtained from another source without confidentiality restrictions, or required to be disclosed by law.

23. SERVICE AVAILABILITY

Archimedes will use commercially reasonable efforts to provide reliable Services but does not guarantee uninterrupted or error-free availability.

Services may be affected by maintenance, Internet failures, telecommunications carriers, hosting providers, artificial-intelligence providers, payment processors, APIs, third-party software, cyber incidents, governmental actions, force majeure events, or circumstances outside Archimedes's reasonable control.

Archimedes may modify the Services as technology and business requirements evolve.

24. SUSPENSION AND TERMINATION

Archimedes may suspend or terminate access for material breach of these Terms, nonpayment, unlawful activity, security threats, abuse, material violation of third-party platform requirements, or activity reasonably likely to cause material harm to Archimedes, its providers, customers, or third parties.

Where reasonably practicable, Archimedes may provide notice and an opportunity to cure before termination for a remediable breach.

Immediate action may be taken when reasonably necessary to address security, fraud, unlawful conduct, telecommunications restrictions, or material platform risk.

25. PROFESSIONAL AND REGULATED SERVICES

Unless expressly agreed in a separate written agreement, Archimedes BOS is not itself a law firm, accounting firm, medical provider, insurance agency, engineering firm, investment adviser, broker-dealer, or other regulated professional practice.

The availability of technology capable of storing information, generating content, performing calculations, or assisting business processes does not constitute professional advice.

Any regulated professional services separately provided by Archimedes Worldwide or an affiliated or independent professional entity are subject to the laws, licenses, disclosures, agreements, and regulatory requirements applicable to those services.

26. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ARCHIMEDES DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

ARCHIMEDES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR BUSINESS RESULT WILL BE ACHIEVED.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

27. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHIMEDES WORLDWIDE, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHIMEDES'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO ARCHIMEDES FOR THE AFFECTED SERVICES DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The foregoing limitations apply to the extent permitted by applicable law and regardless of the legal theory asserted.

28. INDEMNIFICATION

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Archimedes Worldwide and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from:

• Customer's unlawful use of the Services;

• Customer Data or content supplied by Customer;

• Customer's violation of applicable communication, privacy, advertising, or consumer-protection laws;

• Customer's infringement of third-party rights;

• Customer's products, services, representations, or business practices; or

• Customer's material breach of these Terms.

Archimedes will provide reasonable notice of an indemnified claim and reasonable cooperation in its defense.

29. PRIVACY

Archimedes's collection and processing of personal information is described in the Archimedes Worldwide Privacy Policy, which is incorporated into these Terms by reference where applicable.

Customer is responsible for maintaining its own privacy notices and policies where required by law.

30. CHANGES TO SERVICES AND TERMS

Archimedes may modify these Terms to reflect changes in law, technology, third-party requirements, security practices, or the Services.

Material changes will become effective after reasonable notice when required by applicable law.

Continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by law.

Changes to pricing or material commercial commitments are governed by the applicable Order and any notice requirements stated therein.

31. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to conflict-of-laws principles, except where applicable law requires otherwise.

32. DISPUTE RESOLUTION AND VENUE

Before initiating formal legal proceedings, the parties agree to make reasonable good-faith efforts to resolve disputes through direct communication.

Unless prohibited by applicable law or otherwise agreed in writing, any judicial proceeding arising from these Terms shall be brought in a court of competent jurisdiction located in Puerto Rico, and each party consents to the jurisdiction and venue of such courts.

Counsel review note: Archimedes should specifically determine whether mandatory arbitration, a jury-trial waiver, and/or class-action waiver should replace or supplement this provision. Those provisions should not be inserted casually because enforceability and strategic value depend upon the customers and jurisdictions involved.

33. FORCE MAJEURE

Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, hurricanes, fires, power or Internet failures, telecommunications failures, labor disruptions, governmental actions, war, terrorism, civil unrest, epidemics, cyberattacks, or failures of critical third-party infrastructure, except that this provision does not excuse Customer's obligation to pay amounts already due.

34. ASSIGNMENT

Customer may not assign these Terms or an applicable Order without Archimedes's prior written consent, except as part of a bona fide sale of substantially all of Customer's business or assets, provided the successor assumes Customer's obligations.

Archimedes may assign these Terms in connection with a merger, reorganization, sale of business, transfer of assets, or to an affiliate or successor.

35. ELECTRONIC COMMUNICATIONS AND SIGNATURES

Customer agrees that electronic records, checkout acceptance, click-through acceptance, electronic signatures, and electronic communications may be used in connection with the Services and may satisfy applicable writing and signature requirements to the extent permitted by law.

36. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect, and the affected provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.

37. WAIVER

Failure to enforce a provision of these Terms does not waive the right to enforce that provision or any other provision later.

38. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, the applicable Order, incorporated policies, and any signed statement of work or addendum constitute the agreement concerning the applicable Services.

In the event of a conflict, the following order of precedence applies unless expressly stated otherwise:

(1) signed individualized agreement or addendum;
(2) applicable Order or statement of work;
(3) these Terms; and
(4) incorporated policies.

39. SURVIVAL

Provisions that by their nature should survive termination—including payment obligations, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, dispute provisions, and applicable data-retention rights—will survive termination.

40. CONTACT AND LEGAL NOTICES

Questions concerning these Terms may be directed to:

Archimedes Worldwide, LLC
Puerto Rico, United States
Email: [email protected]
Website: ArchimedesWorldwide.com

Legal notices to Archimedes should be sent to the email address above and to any physical notice address subsequently designated by Archimedes.