Terms of Service

1. Acceptance and Electronic Agreement

These Terms of Service (the "Terms") are a binding agreement between HAVOK Consulting LLC, a Florida limited liability company, doing business through the HELIX brand ("HAVOK," "HELIX," "we," "us," or "our"), and the individual or business entity accepting these Terms ("Customer," "you," or "your"). HELIX is a product and brand operated by HAVOK Consulting LLC and is not a separate legal entity.

These Terms govern access to and use of the HELIX platform, related websites, software, mobile applications, communications tools, integrations, implementation services, training, consulting, and other products or services provided by HAVOK (collectively, the "Services"). Certain Platform functionality is delivered through licensed third-party software, infrastructure, telecommunications providers, payment processors, artificial-intelligence providers, APIs, integrations, and other service providers. Your contract is with HAVOK, not directly with those underlying providers, unless you separately contract with one of them.

These Terms incorporate by reference the Privacy Policy, any applicable Data Processing Addendum, Order Form, Statement of Work, Service Agreement, reseller or affiliate terms, and any additional policies expressly referenced in these Terms (collectively, the "Agreement"). If a signed Order Form, Service Agreement, or Statement of Work conflicts with these Terms, the signed document controls solely as to the conflicting provision.

You accept the Agreement by signing an Order Form or Service Agreement, checking an acceptance box, clicking an acceptance button, creating an account, using the Services, or paying an invoice that clearly references these Terms at https://gohelix.ai/terms-of-service. You represent that you are at least eighteen years old and have authority to bind the Customer. Electronic signatures and electronic records are intended to have the same force and effect as handwritten signatures and paper records.

2. Accounts, Authorized Users, and Security

Customer must provide accurate, current, and complete account and billing information. Customer is responsible for all activity under its account, including activity by owners, employees, contractors, customers, agents, and other authorized users. Accounts and login credentials may not be shared with unauthorized persons or transferred without HAVOK's written approval.

Customer must protect credentials, use multi-factor authentication where available, promptly remove access for former personnel, and notify HAVOK immediately of suspected unauthorized access. HAVOK may suspend credentials or account access when reasonably necessary to protect the Platform, Customer Data, HAVOK, other users, or third parties.

3. Permitted Use and Customer Responsibilities

Customer may use the Services only for lawful business purposes and in accordance with the Agreement. Customer is responsible for its business operations, its users, its customers, all content and instructions submitted to the Platform, and all communications initiated through the Services. Customer must maintain all licenses, permissions, consents, and authorizations required for its activities.

Customer may not reverse engineer, copy, resell, sublicense, scrape, interfere with, circumvent security for, or use the Platform to develop a competing product except where a separate written reseller agreement expressly permits specified resale activities. Customer may not upload malicious code, infringe rights, impersonate another party, send unlawful or deceptive communications, or use the Services in a manner that harms, overloads, or disrupts the Platform or any third-party network.

4. Communications Compliance

Customer is exclusively responsible for every SMS, MMS, email, voice call, voicemail drop, direct message, and other communication sent or initiated through the Services. Customer must comply with all applicable laws and industry rules, including consent, identification, opt-out, do-not-call, recordkeeping, quiet-hours, and content requirements. These may include the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing laws, carrier rules, and privacy laws.

HAVOK provides technology and configuration services. Unless expressly stated in a signed writing, HAVOK does not originate Customer communications, select recipients, determine message content, or provide legal advice concerning Customer campaigns. Customer is responsible for maintaining proof of consent and honoring revocations and opt-outs.

5. Third-Party Licensed Technology and Services

The Platform incorporates and depends upon software, infrastructure, databases, hosting, APIs, communications networks, payment services, artificial-intelligence tools, integrations, and other technology owned, operated, or licensed by third parties ("Third-Party Services"). HAVOK does not transfer ownership of any Third-Party Service to Customer. Customer's use of certain features may also be subject to third-party terms, acceptable-use policies, fees, technical limitations, or account requirements.

HAVOK does not control and is not responsible for the availability, security, accuracy, continued operation, feature changes, pricing changes, suspension, or discontinuation of Third-Party Services. Platform features may be modified, limited, suspended, replaced, or discontinued as a result of third-party decisions or technical changes. HAVOK is not liable for outages, delays, lost functionality, deliverability changes, carrier filtering, payment holds, API limitations, or other acts or omissions of third parties.

HAVOK may substitute a reasonably comparable provider or implementation method when practical. Customer authorizes HAVOK and its service providers to process Customer Data as reasonably necessary to provide, secure, support, and improve the Services, subject to the Agreement and applicable law.

6. Customer Data Ownership and License

As between Customer and HAVOK, Customer retains all right, title, and interest in Customer Data. "Customer Data" means contact records, customer lists, business records, files, images, messages, call recordings, transaction records, and other information submitted to the Services by or on behalf of Customer, excluding HELIX Work Product, Platform Content, usage analytics, system metadata, and HAVOK's pre-existing materials.

Customer grants HAVOK and its service providers a non-exclusive, worldwide license to host, copy, transmit, display, modify, back up, analyze, and otherwise process Customer Data solely as reasonably necessary to provide, secure, maintain, support, and improve the Services; comply with law; prevent fraud or abuse; and enforce the Agreement. Customer represents that it has all rights and permissions necessary to provide Customer Data for these purposes.

Customer is responsible for the accuracy, legality, quality, retention, backup, and export of Customer Data. HAVOK does not guarantee indefinite retention or recoverability and may delete Customer Data after termination, expiration, or any stated retention period.

7. HELIX Work Product and Intellectual Property

HAVOK and its licensors retain all right, title, and interest in the Platform, Platform Content, HELIX marks, documentation, systems, templates, methods, know-how, and all work created, configured, developed, adapted, or provided by HAVOK in connection with the Services (collectively, "HELIX Work Product"). HELIX Work Product includes websites, funnels, landing pages, forms, surveys, calendars, pipelines, workflows, automations, triggers, campaigns, email and SMS templates, dashboards, reports, integrations, scripts, code, designs, layouts, configuration logic, documentation, snapshots, reusable components, and derivative works.

Customer materials that existed before the engagement and Customer Data remain Customer property. Payment of subscription, onboarding, implementation, consulting, design, or service fees does not transfer ownership of HELIX Work Product or the Platform account. During an active, fully paid subscription, HAVOK grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use HELIX Work Product solely within the HELIX Platform for Customer's internal business operations.

No ownership transfer, source-code transfer, account transfer, perpetual license, or right to remove HELIX Work Product from the Platform occurs unless expressly stated in a separate written agreement signed by HAVOK. HAVOK may reuse general concepts, skills, processes, templates, configurations, and non-Customer-specific components in services for others, provided HAVOK does not disclose Customer Confidential Information.

8. Data Export, Migration, Account Transfer, and Continued Access

Upon termination or expiration, Customer may request an export of Customer Data in a format reasonably available through the Platform. Standard exports may not include all metadata, relationships, call recordings, deliverability history, third-party data, proprietary configurations, or HELIX Work Product.

Data cleanup, custom exports, migration planning, migration execution, transfer of domains or phone numbers, rebuilding integrations, documentation, training a replacement provider, account transfer, snapshot creation, or other transition assistance is outside the standard subscription and is subject to availability, technical feasibility, third-party restrictions, advance payment, and HAVOK's then-current migration, transfer, consulting, or administrative fees.

HAVOK is not required to transfer ownership or administrative control of a Platform account or HELIX Work Product. At HAVOK's discretion, Customer may be offered: (a) paid migration or export assistance; (b) continued use under a separate account-lease, hosting, maintenance, or platform-access subscription; or (c) a negotiated license or buyout of specified HELIX Work Product. Any license, buyout, or transfer must be documented in a separate signed agreement and is effective only after all outstanding amounts and applicable fees are paid.

Unless otherwise stated in an Order Form, migration services are billed at HAVOK's then-current hourly or project rate and may be subject to a minimum fee. Customer should export Customer Data before termination. HAVOK has no obligation to preserve an account or maintain access after termination unless a separate paid arrangement is in effect.

9. Fees, Billing, Setup Fees, and Taxes

Customer must timely pay all subscription fees, onboarding fees, setup fees, implementation fees, usage charges, communications charges, third-party pass-through charges, taxes, and other amounts shown in an Order Form, invoice, checkout, or pricing schedule. Unless expressly stated otherwise, onboarding, implementation, migration, transfer, consulting, and setup fees are one-time, non-refundable charges.

Customer authorizes HAVOK and its payment processors to charge the payment method on file for all amounts due, including recurring fees and usage-based charges. Subscription fees are billed in advance; usage and pass-through charges may be billed in arrears. Customer must maintain accurate billing information and promptly update expired or invalid payment methods.

Customer is responsible for all applicable sales, use, excise, telecommunications, and similar taxes, excluding taxes based on HAVOK's net income. Customer is responsible for chargebacks and payment disputes caused by Customer or its users and for reasonable collection costs, including attorneys' fees where permitted by law.

10. Term, Automatic Renewal, Cancellation, and Suspension

The initial term is stated in the applicable Order Form or checkout. Unless the Order Form states otherwise, subscriptions automatically renew for successive periods equal to the initial billing period until properly canceled. Customer authorizes recurring charges during each renewal period.

Customer must provide written cancellation notice at least thirty days before the next renewal or billing date, unless a different period appears in the Order Form. Cancellation stops future renewals but does not erase fees already incurred or minimum commitments. No prorated refund or credit is provided for unused time, partial periods, failure to use the Services, or early termination, except where required by law or expressly approved by HAVOK in writing.

HAVOK may suspend or terminate Services for nonpayment, chargebacks, suspected fraud, security threats, unlawful conduct, abuse, excessive usage, violation of third-party rules, or material breach. Suspension does not waive payment obligations. HAVOK may adjust pricing or features upon advance notice, with changes becoming effective at the next renewal unless otherwise stated.

11. Confidentiality

Each party may receive nonpublic business, technical, financial, or operational information of the other party ("Confidential Information"). The receiving party will use reasonable care to protect Confidential Information and will use it only to perform or exercise rights under the Agreement. Confidential Information does not include information that is public through no breach, already lawfully known, independently developed without use of the disclosing party's information, or lawfully received from a third party. Disclosure required by law is permitted after reasonable notice when legally allowed. Customer Data is Customer Confidential Information; HELIX Work Product, pricing methods, system architecture, and nonpublic documentation are HAVOK Confidential Information.

12. Artificial Intelligence Features

The Services may include artificial-intelligence or automated features that generate text, images, recommendations, classifications, summaries, responses, or other output. AI output may be inaccurate, incomplete, biased, offensive, or unsuitable. Customer is solely responsible for reviewing, testing, approving, and lawfully using AI output before relying on or distributing it. Customer must not use AI features to make decisions requiring professional judgment without appropriate human review. HAVOK does not warrant the accuracy, uniqueness, legality, or fitness of AI output.

13. Privacy and Data Protection

HAVOK will process personal information in accordance with its Privacy Policy and any applicable Data Processing Addendum. Customer is responsible for providing legally sufficient privacy notices, obtaining required consents, responding to data-subject requests, configuring retention settings, and ensuring that its collection and use of personal information is lawful. Customer must not submit regulated or highly sensitive data unless the applicable Service, written agreement, and security configuration expressly permit it.

14. Disclaimers

THE SERVICES, PLATFORM, HELIX WORK PRODUCT, THIRD-PARTY SERVICES, AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAVOK DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, DELIVERABILITY, AND RESULTS. HAVOK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR CUSTOMER'S PARTICULAR BUSINESS, LEGAL, REGULATORY, OR COMPLIANCE NEEDS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HAVOK NOR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITIES, OR DATA; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, COMMUNICATIONS DELIVERABILITY, PLATFORM CHANGES, ACCOUNT SUSPENSION, OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY.

HAVOK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICES WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO HAVOK FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The limitations apply regardless of legal theory and to the fullest extent permitted by law. Nothing excludes liability that cannot lawfully be excluded.

16. Indemnification

Customer will defend, indemnify, and hold harmless HAVOK and its owners, officers, employees, contractors, licensors, and service providers from claims, losses, liabilities, penalties, investigations, judgments, costs, and reasonable attorneys' fees arising from Customer Data; Customer communications; Customer's products or services; breach of the Agreement; violation of law or third-party rights; unauthorized access caused by Customer; tax obligations; chargebacks; or acts or omissions of Customer, its users, customers, employees, agents, or contractors. HAVOK may control the defense of any matter subject to indemnification, and Customer may not settle a claim in a manner that admits wrongdoing by or imposes obligations on HAVOK without written consent.

17. Dispute Resolution, Arbitration, and Class Action Waiver

The Agreement is governed by Florida law, without regard to conflict-of-law principles. Before filing arbitration, either party must provide written notice describing the dispute and allow thirty days for good-faith informal resolution.

Except for eligible small-claims matters and requests for temporary or injunctive relief to protect intellectual property, confidential information, security, or unauthorized access, every dispute arising from or relating to the Agreement or Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable commercial rules. The seat and hearing location will be Palm Beach County, Florida, unless the parties agree to remote proceedings. The Federal Arbitration Act and the Revised Florida Arbitration Code govern the arbitration agreement.

EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. If a matter is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Palm Beach County, Florida, or the federal court having jurisdiction over Palm Beach County, Florida.

18. Time Limit to Bring Claims

To the maximum extent permitted by law, any claim arising out of or relating to the Agreement or Services must be commenced within one year after the event giving rise to the claim. Claims not commenced within that period are permanently barred. This section does not shorten a period that applicable law prohibits the parties from shortening.

19. General Provisions

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, labor disputes, war, governmental action, internet or telecommunications failures, cyberattacks, or third-party outages. HAVOK may assign the Agreement in connection with a merger, acquisition, financing, sale of assets, reorganization, or transfer of the HELIX business. Customer may not assign the Agreement without HAVOK's written consent.

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience only. Sections concerning fees, ownership, confidentiality, disclaimers, liability, indemnification, dispute resolution, migration, and other provisions intended by their nature to survive will survive termination.

HAVOK may update these Terms by posting revised Terms at https://gohelix.ai/terms-of-service and updating the effective date. Material changes will apply prospectively and may be communicated by email, in-app notice, invoice notice, or other reasonable means. Continued use after the effective date constitutes acceptance where permitted by law.

20. Notices and Contact Information

Legal notices to HAVOK must be sent to [email protected] and by certified mail or nationally recognized overnight courier to: HAVOK Consulting LLC, Attn: Legal Department, 1032 E BRANDON BLVD #7286, BRANDON FL 33511. Operational and support communications may be sent to [email protected]. Notices to Customer may be sent to the account owner's email address or displayed within the Platform.

Privacy Policy: https://gohelix.ai/privacy-policy

Terms of Service: https://gohelix.ai/terms-of-service

21. Definitions

"Platform" means the HELIX-branded software environment, websites, applications, communications tools, and related functionality made available by HAVOK. "Services" includes the Platform and related implementation, consulting, training, support, and other services. "Platform Content" means content and functionality owned or licensed by HAVOK, excluding Customer Data. "Order Form" means a checkout, proposal, invoice, order form, service agreement, or statement of work describing Customer-specific commercial terms. "Third-Party Services" has the meaning stated in Section 5. "HELIX Work Product" has the meaning stated in Section 7.

Last Modified: 8/5/2026