Terms of Service — Per-Appointment Plans

These Terms of Service (“Terms”) govern your use of the per-appointment lead generation services provided by Axia Growth LLC (“Axia,” “we,” “us,” or “our”). By completing payment through our Stripe checkout and checking the acceptance box, you (“Client” or “you”) agree to be bound by these Terms.

Your specific tier and per-appointment rate are as displayed on the Stripe checkout page at the time of your initial purchase and are incorporated by reference into these Terms.

1. Services

Axia provides qualified appointment generation through multichannel outbound lead generation. Our services include:

• Prospect data sourcing. Identifying and verifying business contacts matching your stated acquisition criteria.
• Sending infrastructure. Dedicated sending domains, mailboxes, and email warmup managed by Axia.
• Cold email campaigns. Outbound email sequence creation, optimization, and delivery.
• Cold calling. SDR team outreach via our dialer platform.
• AI-powered inbox management. Automated reply classification, response handling, and follow-up scheduling.
• Appointment scheduling and confirmation. Booking qualified meetings on your calendar and confirming attendance.
• Campaign reporting. Performance metrics and results delivered to you on a regular basis.

2. Pricing

Services are priced per qualified appointment delivered, based on the target business revenue range of your acquisition criteria:

Your tier is determined by the revenue range of the businesses you are targeting, not self-selected. If your acquisition criteria span multiple revenue ranges, Axia will assign the tier corresponding to the primary target range, as confirmed on your Stripe payment page.

3. Prepaid Appointments and Billing

3.1 Prepaid at Signing

At signing, you prepay for 3 appointments at your tier rate via Stripe. These prepaid appointments are credited toward your first month's delivered appointments.

Prepaid appointments are non-refundable once your campaign launches. Campaign launch is defined as the date Axia begins sending outbound communications on your behalf.

3.2 Monthly Billing

After your 3 prepaid appointments are used, you are billed per appointment delivered. Billing occurs monthly in arrears — Axia will automatically charge the payment method on file on the 1st of each month for all qualified appointments delivered in the prior month. You authorize this recurring charge by accepting these Terms. If the 1st falls on a weekend or holiday, the charge will be processed on the next business day.

3.3 Prepay Bundles

You may purchase prepaid appointment bundles of 10 at a 10% discount from your per-appointment rate. Prepaid bundles are drawn down as appointments are delivered. When a bundle is exhausted, it auto-renews at the same discounted rate unless you opt out in writing before the bundle is depleted.

Unused prepaid bundle credits do not expire during the term of the engagement but are forfeited upon termination, subject to Section 5.

3.4 Late Payments

Invoices not paid within 15 days of the due date accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). Axia reserves the right to pause campaign operations if payment is more than 30 days overdue.

4. Qualified Appointment Definition

A “Qualified Appointment” means a scheduled meeting that satisfies all of the following criteria:

1. Matching contact. The attendee is a business owner or decision-maker at a company that matches your stated acquisition criteria (industry, geography, revenue range, or other ICP parameters provided during onboarding).
2. Expressed interest. The prospect has expressed interest in having a conversation, whether through email reply, phone call, or other communication.
3. Confirmed time. A specific meeting date and time has been confirmed and scheduled on your calendar.
4. Attended. The prospect attends the meeting.

The following do not count as Qualified Appointments and are not billed:

• No-shows (prospect does not attend the scheduled meeting)
• Cancellations (prospect cancels before the meeting)
• Unqualified contacts (prospect does not match the stated acquisition criteria)

4.1 Disputes

You have 1 business day after an appointment is delivered to dispute whether it meets the Qualified Appointment definition. Disputes must be submitted in writing (email is sufficient) with a specific explanation of why the appointment does not qualify.

Axia will review the dispute in good faith and make a determination within 5 business days. Disputed appointments are not billed until the dispute is resolved. If Axia determines the appointment was qualified, it will be billed on the next invoice cycle. If Axia determines the appointment was not qualified, it will not be billed and will not count against any prepaid credits.

5. Term, Cancellation, and Termination

5.1 Minimum Engagement

The minimum engagement period is 3 months from the campaign launch date. Campaign launch is defined as the date Axia begins sending outbound communications on your behalf.

5.2 Early Termination

If you terminate the engagement before the 3-month minimum period expires, an early termination fee applies. The early termination fee is the lesser of:

• (a) 10 appointments at your per-appointment tier rate; or
• (b) your per-appointment tier rate multiplied by the average number of appointments delivered per month (or 3 appointments if no full month has been completed) multiplied by the number of months remaining in the minimum term.

The parties acknowledge that Axia incurs significant upfront costs in connection with each engagement — including infrastructure setup, domain procurement, mailbox provisioning, email warmup, SDR team allocation, and campaign buildout — and that these costs are difficult to calculate precisely at the time of contracting. The early termination fee represents a reasonable estimate of these costs and is not a penalty. Axia may waive or reduce this fee at its sole discretion.

5.3 Cancellation After Minimum Period

After the minimum engagement period, either party may cancel with 30 days' written notice. The notice period begins on the first day of the month following receipt of the cancellation notice.

During the notice period, Axia will continue delivering services and any appointments delivered during that period are billed at the applicable rate. Unused prepaid credits (including bundle credits) are forfeited upon termination and are not refundable.

5.4 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• Materially breaches these Terms and fails to cure the breach within 14 days of written notice specifying the breach
• Becomes insolvent, files for bankruptcy, or ceases business operations

6. Client Responsibilities

You agree to provide:

• Acquisition criteria. A clear description of your ideal acquisition target, including geography, industry, revenue range, and any other qualifying parameters.
• Calendar availability. Access to your scheduling calendar via Cal.com or equivalent, with reasonable availability for booked appointments.
• Timely onboarding. Responses to onboarding questions and intake forms within 5 business days of request.
• Payment method. A valid payment method on file with Stripe for the duration of the engagement.

Delays in providing required information may delay campaign launch. Axia is not responsible for reduced performance resulting from incomplete or delayed client inputs.

7. Intellectual Property and Data Ownership

7.1 Axia Property

Prospect data sourced by Axia — including contact lists, company data, and enrichment data — remains Axia's property. You may not resell, redistribute, export in bulk, or provide Axia-sourced prospect data to any third party.

Axia's outreach templates, campaign strategies, sending infrastructure, AI models, and proprietary methods are and remain Axia's intellectual property.

7.2 Client Property

Appointment details delivered to you (contact name, company, meeting notes, and outcomes) are your property. Campaign performance reports and results data delivered to you are your property.

Your acquisition criteria, onboarding materials, and brand assets provided to Axia remain your property.

8. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party, including pricing, campaign strategies, proprietary methods, business terms, and client lists. Confidential information may be disclosed only to employees or contractors who need it to perform under these Terms and who are bound by equivalent confidentiality obligations.

This confidentiality obligation survives termination of the engagement for a period of 2 years.

Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is received from a third party without restriction; or (d) is independently developed without reference to the disclosing party's confidential information.

9. No Exclusivity

Axia may work with other clients targeting the same or similar markets, industries, or geographies. You may use other lead generation services, agencies, or internal teams simultaneously. Neither party is restricted from engaging with competitors of the other.

10. Limitation of Liability

Axia does not guarantee a specific number of appointments per month. Results vary based on market conditions, targeting criteria, industry responsiveness, campaign variables, and other factors outside Axia's control.

To the maximum extent permitted by law:

• Axia's total aggregate liability under these Terms, for any and all claims, is limited to the total fees actually paid by you to Axia in the 3 months immediately preceding the event giving rise to the claim.
• Neither party is liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost business opportunities, regardless of whether such damages were foreseeable.

Carve-outs. The limitations in this section do not apply to: (a) either party's indemnification obligations under Section 11; (b) either party's breach of Section 8 (Confidentiality); (c) your payment obligations under these Terms; or (d) liability arising from a party's fraud, willful misconduct, or gross negligence.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and survive termination.

11. Indemnification

You agree to indemnify and hold Axia harmless from any claims, losses, or damages arising from: (a) your misuse of appointment data or prospect information in violation of applicable law; (b) your breach of these Terms; or (c) your business operations, representations, or dealings with prospects introduced by Axia.

Axia agrees to indemnify and hold you harmless from any claims, losses, or damages arising from Axia's material breach of applicable data privacy or anti-spam regulations in its operation of campaigns on your behalf.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days following written notice of the dispute.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Wilmington, Delaware. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. All disputes must be brought in the parties' individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims.

12.3 Exceptions

Either party may seek injunctive relief in a court of competent jurisdiction for breaches of confidentiality or intellectual property provisions without first completing the informal resolution or arbitration process. Either party may also bring individual claims in small claims court if the claim qualifies.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Entire Agreement

These Terms, together with the pricing and tier confirmed on your Stripe payment page and any written amendments, constitute the entire agreement between the parties. They supersede all prior negotiations, representations, and agreements relating to the subject matter.

13.3 Amendments

Axia may update these Terms from time to time. Material changes will be communicated to active clients via email at least 30 days before they take effect. Continued use of services after the effective date of changes constitutes acceptance. If you do not agree to the modified terms, you may terminate the engagement by providing written notice before the effective date of the changes; in that case, the prior version of these Terms will govern through the end of your notice period.

13.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

13.5 Waiver

Failure by either party to enforce any provision is not a waiver of future enforcement of that or any other provision.

13.6 Assignment

You may not assign or transfer your rights under these Terms without Axia's prior written consent. Axia may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

13.7 Force Majeure

Neither party is liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, government actions, pandemics, war, terrorism, labor strikes, or technology infrastructure failures affecting third-party service providers. The affected party must provide written notice within 10 days and make reasonable efforts to mitigate the impact. If force majeure conditions persist for more than 90 days, either party may terminate the engagement without penalty.

13.8 Notices

All formal notices under these Terms must be in writing and sent via email with read confirmation or certified mail. Notices are effective upon confirmed receipt.

Notices to Axia: legal@axiagrowth.com
Notices to Client: The email address on file with your Stripe account.

13.9 Electronic Acceptance

By checking the acceptance box on the Stripe payment page, you acknowledge that you have read, understood, and agree to be bound by these Terms. Electronic acceptance is treated as equivalent to a handwritten signature under the E-SIGN Act and the Uniform Electronic Transactions Act (UETA).

13.10 Consent to Electronic Communications

You consent to receive all communications, agreements, notices, and disclosures from Axia electronically, including via email to the address on file with your Stripe account. You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing.

14. Privacy

Your use of our services is also governed by our Privacy Policy. By accepting these Terms, you also acknowledge that you have reviewed our Privacy Policy.

Axia Growth LLC
axiagrowth.com