1. Acceptance of Terms
Welcome to Atrivida. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Aqestra, LLC, doing business as Atrivida ("Atrivida," "we," "us," or "our"), governing your access to and use of the website located at atrivida.com (the "Website") and our marketing platform, tools, and related services (collectively, the "Services").
By accessing or using our Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Website or Services.
2. Company Information
Aqestra, LLC d/b/a Atrivida
Tampa, Florida, United States
Phone: (813) 953-5800
Email: [email protected]
3. Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
4. Description of Services
Atrivida provides a done-for-you marketing platform designed for service-based businesses. Our Services include, but are not limited to:
- Customer relationship management (CRM) and lead pipeline tools
- Marketing funnel and landing page creation
- Email and SMS/text message marketing automation
- Appointment scheduling and reminders
- Reputation management and review automation
- Brand asset creation and design services
- Reporting, analytics, and attribution tracking
- White-glove onboarding and custom setup services
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
5. Account Registration and Security
To access certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account.
6. Free Trial
Atrivida offers a free 14-day trial of the platform. During the trial period, you will have access to the platform features as described on our Website. No credit card is required to start the trial. At the end of the trial period, your account will be placed in view-only mode unless you choose to upgrade to a paid plan. We reserve the right to modify or discontinue the free trial offer at any time.
7. Paid Plans, Pricing, and Payment
Subscription Plans
Paid plans are billed on a monthly basis at the rates displayed on our pricing page at the time of purchase. Current plan options include Starter ($297/month), Pro ($497/month), and Enterprise ($997/month). Prices are subject to change with 30 days' prior notice.
Commitment Period
All paid plans require a 12-month minimum commitment to unlock the included setup fee waiver. After the initial 12-month period, your subscription will continue on a month-to-month basis and may be canceled with 30 days' written notice.
Payment
By subscribing to a paid plan, you authorize Atrivida to charge the payment method on file for the recurring subscription fee. Payments are due on the same date each month as your initial subscription date. Failure to make timely payments may result in suspension or termination of your account.
Refund Policy
If you are not satisfied with the Services within the first 30 days after becoming a paid customer, you may request a refund of your first month's payment by contacting us at [email protected]. After the initial 30-day period, subscription payments are non-refundable. Refund requests are subject to review and approval at our reasonable discretion.
8. SMS/Text Messaging Terms
When you provide your phone number and consent to receive text messages from Atrivida, you agree to receive recurring automated SMS/MMS messages from us, including transactional messages (account notifications, appointment reminders, billing alerts), conversational messages (support responses, follow-ups), and promotional/marketing messages (special offers, product announcements, feature updates). Our SMS program includes both marketing and non-marketing messages.
Consent is not required as a condition of purchasing any goods or services. Message frequency varies based on account activity. Standard message and data rates may apply.
To opt out: Reply STOP to any text message from Atrivida at any time. You will receive a single confirmation message. You may also contact us at [email protected] or (813) 953-5800 to opt out.
For help: Reply HELP to any text message or contact us directly.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
For complete details on how we handle your data, see our Privacy Policy.
Carriers are not liable for delayed or undelivered messages.
9. Acceptable Use
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services for any illegal, fraudulent, or unauthorized purpose
- Send unsolicited messages (spam) through the platform in violation of applicable laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act
- Upload, transmit, or distribute any viruses, malware, or harmful code
- Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems
- Interfere with or disrupt the integrity or performance of the Services
- Use the Services to infringe upon the intellectual property rights of others
- Collect or harvest personal data of other users without consent
- Resell, sublicense, or redistribute the Services without written authorization
- Misrepresent your identity or affiliation with any person or entity
We reserve the right to suspend or terminate your access to the Services if we determine, at our sole discretion, that you have violated these Terms or engaged in conduct that is harmful to Atrivida, other users, or third parties.
10. Intellectual Property
Our Intellectual Property
All content, materials, software, trademarks, logos, and intellectual property displayed on the Website or provided through the Services are the property of Aqestra, LLC d/b/a Atrivida or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any of our intellectual property without our prior written consent.
Your Content and Data
You retain ownership of all data, content, and materials that you upload, create, or input into the platform ("Your Content"). By using the Services, you grant Atrivida a limited, non-exclusive license to use, store, and process Your Content solely to provide the Services to you. We will not use Your Content for any other purpose without your consent. You may export Your Content at any time.
11. Data Ownership and Portability
You own 100% of your contacts, conversation history, and content created within the platform. You may request a full export of your data at any time by contacting us at [email protected]. Upon termination of your account, we will retain your data for 30 days to allow you to export it, after which it will be securely deleted unless retention is required by law.
12. Third-Party Services and Integrations
The Services may integrate with or contain links to third-party services, platforms, or websites. These third-party services are governed by their own terms and privacy policies, and Atrivida is not responsible for their content, practices, or availability. Your use of any third-party services is at your own risk.
13. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ATRIVIDA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee any specific results from the use of our Services, including any particular level of leads, conversions, or revenue.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATRIVIDA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ATRIVIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Indemnification
You agree to indemnify, defend, and hold harmless Aqestra, LLC d/b/a Atrivida and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any law or the rights of any third party, or Your Content.
16. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may cancel your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.
17. Governing Law and 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 laws principles. Any disputes arising out of or in connection with these Terms or the Services shall be resolved exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to the personal jurisdiction of such courts.
18. Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may provide additional notice via email or through the platform. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
20. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Atrivida with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
21. Contact Us
If you have any questions about these Terms of Use, please contact us:
Aqestra, LLC d/b/a Atrivida
Tampa, Florida, United States
Phone: (813) 953-5800
Email: [email protected]
Website: atrivida.com/contact