▲ Athex

Terms of Service

Effective 14 October 2026

These Terms of Service (“Terms”) govern your access to and use of athex.net and its related services, software, tools, and content (the “Service”). The Service is operated by Snowball Data LLC, a New Mexico limited liability company (“Snowball,” “we,” “us,” or “our”). When we ask you to accept these Terms, you agree to them by taking the action identified as acceptance. Your access to and use of the Service are also subject to these Terms. If you do not agree to them, do not use the Service. Section 17 contains an agreement to individual arbitration and a class-action waiver, subject to stated exceptions and applicable law.

1. Service And Eligibility

The Service provides online communications and related tools.

You must be at least 18 years old, have reached the age of majority where you live, be capable of entering a binding contract, and be legally permitted to use the Service. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes the organization.

Our Privacy Policy describes our processing of personal information. Additional terms presented for a particular feature or transaction also apply to that feature or transaction. If expressly stated additional terms conflict with these Terms, the additional terms control for that feature or transaction.

2. Accounts And Security

Provide accurate information when requested and maintain information reasonably needed for account access and recovery. Do not sell, transfer, or share an account or permission except as authorized by the Service.

You are responsible for protecting devices, credentials, keys, tokens, and recovery material under your control and for activity you authorize through them. Report suspected compromise or unauthorized access to [email protected]. Contact [email protected] for account assistance.

Security, encryption, access controls, and deletion features do not guarantee secrecy, anonymity, recovery, or permanent deletion. Lost credentials or keys may be unrecoverable. Verify recipients and permissions before sharing information and retain independent copies of information you are lawfully entitled to keep. The Service is not a guaranteed backup, emergency-communications, or records-preservation service.

3. Permission To Use The Service

Subject to these Terms and applicable permissions, we grant you a limited, nonexclusive, nontransferable, revocable right to use the Service for lawful purposes.

The Service and its availability, compatibility, capacity, features, and support may change. We may modify, limit, suspend, or discontinue all or part of the Service, subject to applicable law and any express purchase terms.

4. Software And Updates

If we make applications or other software available for you to download (“Software”), we grant you a limited, nonexclusive, nontransferable, revocable license to install and use the Software on devices you own or control, solely to use the Service in accordance with these Terms.

The Software may include or download open-source and other third-party components, including software libraries and machine learning models, that are licensed under their own terms. Those terms govern those components, and nothing in these Terms limits rights you have under them. Applicable notices are provided with the Software.

Except as permitted by an applicable license or by law, you may not sell, rent, sublicense, or distribute the Software.

We may make updates available from time to time. Unless you enable automatic updates, updates are installed only at your direction. Earlier versions may cease to function with the Service, and we may discontinue support for them.

You are responsible for the devices on which you run the Software, including their security, storage, and computing resources. Some features may use significant processing, memory, storage, or network resources.

Features that use third-party networks, such as the Tor network, may be slow, interrupted, or unavailable, and do not guarantee anonymity or confidentiality or prevent your identity or activity from being determined. Use of those networks may be restricted by law or by network operators in some places. You are responsible for complying with the laws that apply to your use of them.

Tor is a trademark of The Tor Project, Inc. The Software is not endorsed or sponsored by, or affiliated with, The Tor Project.

5. AI Features

Some features use artificial intelligence models, which may run on your device (“AI Features”). Output from AI Features is generated automatically and may be inaccurate, incomplete, offensive, or inconsistent with the sources it refers to.

Review Output before relying on it. Output is not professional advice and does not represent the views of Snowball.

You are responsible for the content you provide to AI Features and for your use of Output, including compliance with these Terms and applicable law.

6. Paid Features

We may offer subscriptions, paid access, licenses, or other transactions. Applicable price, billing, renewal, cancellation, tax, and refund terms will be disclosed in connection with the transaction. You agree to pay charges you authorize.

A purchase provides only the access or rights expressly described in the applicable offering. Purchasing access does not transfer ownership of third-party material or grant rights to use personal information or other material contrary to applicable law or third-party rights.

7. User Content

“User Content” means content or information you submit, upload, store, post, share, collect, or transmit through the Service.

You retain the rights you hold in User Content. You grant us a worldwide, nonexclusive, royalty-free license to host, store, copy, transmit, display, format, and otherwise process User Content only as reasonably necessary to provide, operate, secure, administer, and improve the Service, carry out your directions, and comply with law. We may permit providers acting for us to perform those functions.

This license does not, by itself, authorize us to sell or license your private User Content to third parties as an independent data product. This license does not override our Privacy Policy.

The license continues while we hold the applicable content and afterward only as reasonably necessary for permitted backups, legal obligations, security, dispute resolution, or copies previously shared at your direction.

You represent that you have the rights and lawful authority necessary to provide User Content and permit the processing contemplated by these Terms. You remain responsible for its legality and accuracy.

We may refuse, restrict, remove, or delete content as permitted by law. We do not guarantee storage, delivery, availability, or recovery.

Content you share with us or others may be accessible to the intended audience; sharing access does not transfer ownership or grant recipients unrestricted reuse rights.

8. Acceptable Use

Do not use or assist others to use the Service for unlawful, fraudulent, infringing, or harmful activity; harassment, stalking, threats, doxxing, exploitation, or abuse; sexual exploitation of minors; unauthorized disclosure of personal or confidential information; impersonation or deceptive affiliation; or abusive or unlawful communications.

Do not access accounts, content, or nonpublic systems without authorization; bypass security controls, permissions, rate limits, or suspensions; conduct unauthorized security testing; introduce malicious code; disrupt the Service; impose unreasonable load; or use automation to extract information except through interfaces or methods we authorize.

Authorization to use an ATHEX tool does not authorize access to a third-party service or override that service's restrictions.

These restrictions apply to all use of the Service, including access to third-party websites and networks through it.

Do not collect, identify, combine, disclose, or use information about another person without the authority required by law. Do not use Service content or lookup results to determine eligibility for credit, insurance, employment, housing, or another purpose regulated by the Fair Credit Reporting Act or similar law. The Service is not a consumer-reporting or eligibility-screening service.

9. Third-Party Materials

The Service may contain records, communications, data, media, or other material originating from users, public sources, automated systems, or other third parties (“Third-Party Materials”).

Third-Party Materials may be inaccurate, incomplete, outdated, sensitive, offensive, incorrectly associated with a person, or subject to third-party rights. Their presence in the Service does not mean we verified them, endorse them, are affiliated with their subjects or sources, or possess rights on behalf of a user to reproduce or disclose them for every purpose.

You are responsible for assessing information and obtaining any permission required for your intended use. Service content is not legal, medical, financial, security, or other professional advice.

10. Intellectual Property And Feedback

The Service, including its software, design, branding, and materials, is owned by us or our licensors to the extent protected by law. Except for rights expressly granted to you, all rights are reserved.

Do not reproduce, modify, distribute, sell, lease, frame, mirror, reverse engineer, or create derivative works from protected portions of the Service without authorization, except as permitted by law or an applicable license.

If you voluntarily submit feedback, you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use that feedback without payment or attribution. Do not submit confidential feedback or material you lack authority to license.

11. Reports And Enforcement

Report privacy concerns to [email protected], unlawful content or misuse to [email protected], and copyright or other intellectual-property complaints to [email protected].

A complaint should identify the material, its location, the basis for the complaint, and sufficient contact information. Copyright complaints should include information required by applicable law.

We may investigate reports; restrict content or access; preserve information; and cooperate with lawful process where appropriate. We do not undertake a general obligation to monitor all content or resolve disputes between users.

12. Third-Party Services

Third-party websites, platforms, extensions, resources, authentication systems, and integrations are governed by their own terms and practices. We do not control them. Their inclusion does not imply endorsement or affiliation.

This includes websites and services you access through the Software. We do not operate, monitor, or endorse them, and we are not responsible for their content or availability.

You are responsible for complying with third-party terms and obtaining permissions necessary for your activities.

13. Export Controls

Comply with applicable export, import, sanctions, and cryptography laws. Do not make the Service available to a person, location, or end use prohibited by those laws.

14. Disclaimer Of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ITS CONTENT AND TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. WE DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPATIBLE WITH YOUR SYSTEMS, FREE OF HARMFUL COMPONENTS, OR THAT CONTENT WILL BE ACCURATE, COMPLETE, PRESERVED, RECOVERABLE, CONFIDENTIAL, OR PERMANENTLY DELETED.

THIS SECTION DOES NOT LIMIT RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.

15. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNOWBALL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID SNOWBALL FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not exclude liability that applicable law prohibits us from excluding or limiting.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Snowball and its officers, directors, employees, agents, licensors, and suppliers from third-party claims, liabilities, damages, losses, and reasonable costs arising from your User Content, unlawful or unauthorized use of the Service, material breach of these Terms, or violation of another person's rights.

We may control the defense and settlement of a covered claim with counsel of our choice. You will reasonably cooperate. You may not settle a claim in a manner imposing liability, an admission, or an obligation on an indemnified party without that party's written consent.

17. Suspension And Termination

We may restrict, suspend, or terminate access and remove content for suspected violations, legal requirements, security or operational risks, or other legitimate reasons, subject to applicable law and express contractual commitments.

You may stop using the Service at any time.

When access ends, your permission to use the Service ends. We may delete associated information subject to applicable law, our Privacy Policy, and express purchase terms. Provisions that by their nature should survive termination—including ownership provisions, continuing licenses, disclaimers, liability limitations, indemnification obligations, and dispute provisions—survive as applicable.

18. Events Beyond Our Control

To the extent permitted by law, we are not liable for delay or failure caused by events beyond our reasonable control, including disasters, conflict, government action, labor disruption, network or power failures, third-party outages, and attacks.

19. Dispute Resolution And Arbitration

Please read this section carefully. Where enforceable, you and Snowball agree to resolve covered disputes through binding individual arbitration rather than a court trial and waive class proceedings, subject to the exceptions below.

Informal Resolution. Before commencing arbitration, the claimant must give the other party written notice describing the dispute and requested relief and allow 30 days for a good-faith attempt to resolve it. Send notices to Snowball at [email protected]. We will send our notice to an available contact address for you.

Applicable limitation periods are tolled during this process to the extent provided by applicable law. This requirement does not prevent a party from seeking urgently needed interim relief.

Arbitration and Exceptions. Disputes arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration except that either party may bring an eligible individual claim in small-claims court or seek interim relief from a court to protect rights pending arbitration.

A claim that applicable law does not permit to be arbitrated remains in court. Nothing in these Terms prevents a report to a government authority or limits relief or rights that cannot lawfully be waived.

Administration. The American Arbitration Association (“AAA”) will administer arbitration under its applicable Consumer Arbitration Rules for consumer disputes and applicable commercial rules for other disputes.

Applicable AAA rules and mandatory law govern fees, hearings, location, and available relief. We will pay fees allocated to us under those rules or applicable law.

The Federal Arbitration Act governs this arbitration agreement where applicable. A court of competent jurisdiction decides disputes concerning formation or enforceability of this arbitration agreement or its class waiver unless controlling law requires otherwise. The arbitrator decides the merits and may award relief permitted by law.

If AAA will not administer a dispute, the parties may agree to another administrator. If they cannot agree, either party may ask a competent court to appoint an administrator where authorized by law or, if the arbitration agreement cannot then be performed, the dispute may proceed in court.

Individual Proceedings. To the extent enforceable, neither party may bring an arbitrated claim as a class or representative proceeding or consolidate claims without the other party's consent. For claims properly subject to arbitration, each party waives a jury trial.

If this restriction is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court while the remainder proceeds in arbitration to the extent permitted by law.

Arbitration Opt-Out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after first accepting this version of the Terms. Identify the account or access to which the opt-out applies and state that you are opting out of arbitration.

Opting out does not affect the remainder of these Terms or your access to the Service.

20. Governing Law And Courts

New Mexico law governs these Terms and disputes arising from them or the Service, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration agreement where applicable and applicable federal law controls.

This choice does not deprive a person of mandatory consumer, privacy, or other protections that applicable law does not permit the parties to waive.

Subject to Section 17, court proceedings must be brought in the state courts located in Bernalillo County, New Mexico, or, when it has subject-matter jurisdiction, the United States District Court for the District of New Mexico.

This venue provision does not apply where applicable law permits or requires another forum, including eligible small-claims proceedings and proceedings concerning interim relief or enforcement of an arbitration award.

21. Changes And General Terms

We may revise these Terms. We will identify the effective date of the revised version and provide notice of material changes as required by applicable law or the circumstances. Where renewed assent is required, the revised terms will not bind an existing user until the required assent occurs.

These Terms and applicable feature or transaction terms constitute the agreement between you and Snowball concerning the Service. Our Privacy Policy describes our processing of personal information and is not displaced by these Terms.

If a provision is invalid or unenforceable, the remainder remains effective to the extent permitted by law, subject to the specific severability rules in Section 17.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, financing, or transfer of all or part of our business or the Service, subject to applicable law.

These Terms do not create an agency, employment, partnership, or joint venture. Headings are for convenience.

Where legally permitted, notices may be delivered electronically through the Service or an address associated with your account.

Legal questions and notices may be sent to [email protected].

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