Terms of Service

AVA Intellect Terms of Service

Last updated: 2025-03-14

Acceptance of Terms

Welcome to AVA Intellect. By accessing or using our website, SaaS platform, and/or any and all related services provided by AVA Intellect (collectively, the “Platform and Services”), you agree to comply with and be bound by these Terms of Service, the AVA Intellect Privacy Policy, the AVA Cookie Policy, your subscription plan or agreement, and any and all additional terms and conditions presented by AVA Intellect from time to time, all of which are incorporated herein by reference thereto, (collectively, the “Terms’). If you disagree with any part of the Terms, you must not use any of our Platform and Services. The Terms are between you and AVA Intellect, LLC, a Delaware limited liability company.

Eligibility

Users must be at least 18 years old and reside in the United States to create an account and use our Platform and Services. You represent that you are 18 years old or older, you reside in the United States, and all information that you submit to AVA Intellect is and will be true, accurate, and complete at all times.

License to Use

AVA Intellect grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Platform and Services solely for your internal business purposes and solely within the United States, subject to the Terms and all of our policies, guidelines, and rules in effect from time to time.

This license does not transfer any ownership rights in the Platform and Services or any associated intellectual property. You may use the Platform and Services only in accordance with their intended functionality and as otherwise limited by the Terms.

Our website, the Platform and Services, and the content of the foregoing are our property or those of our licensors. All trademarks, service marks, tradenames, logos, domain names, and any and all other features of our website and/or the Platform and Services are the sole property of us or our licensors, as applicable.

This license may be revoked if you violate the Terms, including but not limited to any applicable usage limits or payment obligations.

User Responsibilities

Account Security You are responsible for maintaining the security of your account credentials and all activities and information under your account. We may reclaim, or require you to change, your username for any reason.

Compliance with Laws You agree to comply with all applicable laws and regulations (collectively, “Laws’) when using any of the Platform and Services. Without limiting any of the other terms and conditions in the Terms, you agree not to, directly or indirectly, use, sell, supply, export, reexport, dispose of, divert, release, or otherwise transfer any of the Platform and Services (including products or services derived from or based on the Platform and Services) to any destination, entity, or person or for any use prohibited by any Laws.

Prohibited Conduct You agree not to:

Modify, copy, create derivative works of, decompile, or reverse engineer any materials or software on our website.
Remove copyright or other proprietary notations from materials or software.
Transfer materials or software on our website to another person or "mirror" such materials or software on any other server.
Disrupt or misuse any of our Platform and Services or networks.
Transmit or publish harassing, indecent, obscene, fraudulent, or unlawful material.
Harvest, collect, or gather user data without consent.
Use any of the Platform and Services to infringe on privacy, intellectual property, or other rights of third parties.
Transfer, assign, sublicense, lease, or otherwise distribute access to any of the Platform and Services to third parties.
Attempt to access or use any of the Platform and Services in a manner that circumvents security measures or exceeds authorized usage.

Indemnification
You agree to indemnify and hold AVA Intellect harmless from and against all damages, losses, costs, and expenses of any kind or nature (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to (i) your breach of any of the Terms , (ii) any data you contribute; (iii) any activity in which you engage on or through any of the Platform and Services; and (iv) your violation of any Law and/or the rights of a third party.
Data and Privacy

AVA Intellect collects, processes, and stores data as outlined in our Privacy Policy. Users retain ownership of their data but grant AVA Intellect permission to process and store it to provide services. AVA Intellect may, but has no obligation to, monitor or review your data and reserves the right to remove or disable access to any of your data for any or no reason and with or without notice to you. You retain ownership of your data when you contribute it to our platform. However, in order for us to use your data to provide services on our platform, you hereby grant to AVA Intellect a non-exclusive, royalty-free, fully paid transferable, sublicensable, irrevocable, worldwide license to reproduce, transfer, distribute, make available, display, translate, modify, create derivative works from, and otherwise use any such data in any manner, through any medium, and by any means, method or technology, whether now known or hereafter created, in connection with the Platform and Services.

7. Disclaimer of AI-Generated Information

Information generated by AVA Intellect's AI Agents is provided to assist users but may not always be accurate, complete, or suitable for all situations. Users are solely responsible for verifying AI-generated information before making decisions based on it.

8. Interruptions and Modifications

In furtherance of our efforts to improve the Platform and Services, we reserve the right to modify the same from time to time as we determine, in our sole discretion. Also, the Platform and Services may experience interruptions as a result of technical issues, maintenance, or updates.

9. Intellectual Property

All materials on the Platform and Services are the property of or licensed to AVA Intellect and are protected under copyright and trademark laws. All AVA Intellect trademarks, service marks, trade names, logos, domain names, and any other features of the Platform and Services are the sole property of AVA Intellect or its licensors, and these terms do not grant you any rights to use the foregoing for any purpose. Any unauthorized use of our intellectual property is prohibited and may result in termination of access.

10. Limitation of Liability and Warranty Disclaimers

THE PLATFORM AND SERVICES PROVIDED BY AVA INTELLECT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, AVA INTELLECT DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR USE, AND NON-INFRINGEMENT. AVA INTELLECT DOES NOT WARRANT THAT ITS PLATFORM AND SERVCICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. ALSO, AVA INTELLECT MAKES NO REPRESENTATION REGARDING, EXPRESSLY DISCLAIMS, AND DOES NOT ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE OFFERED OR PROVIDED BY A THIRD PARTY ON OR THROUGH ANY OF THE PLATFORM AND SERVICES, OR ANY HYPERLINKED WEBSITE, AND AVA INTELLECT IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVA INTELLECT, SHALL CREATE ANY WARRANTY ON BEHALF OF AVA INTELLECT.

Please note that since some jurisdictions do not permit the exclusion of implied warranties or limitations on a consumer’s statutory rights, the exclusions and limitations in this section may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVA INTELLECT, ITS OFFICERS, , DIRECTORS, SHAREHOLDERS, PRINCIPALS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (2) ANY LOSS OF DATA, INFORMATION, RECORDS, BUSINESS, BUSINESS OPPORTUNITIES, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE PLATFORM OR SERVICES, ANY THIRD-PARTY APPLICATIONS, AND/OR THE CONTENT OF ANY SUCH APPLICATIONS, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AVA INTELLECT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ANY OR ALL OF THE PLATFORM AND SERVICES, THIRD-PARTY APPLICATIONS, AND/OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE

AMOUNTS PAID BY YOU TO AVA INTELLECT DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.

For clarification, these Terms do not limit Ava Intellect’s liability for fraud, fraudulent misrepresentation, personal injury, or death to the extent that any Laws would prohibit such a limitation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THE TERMS MUST BE COMMENCED (BY FILING A DEMAND) WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIMANT FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY OF THE PLATFORM AND SERVICES IS TO UNINSTALL ANY AVA INTELLECT SOFTWARE AND TO STOP USING THE AVA INTELLECT PLATFORM AND SERVICES. YOU AGREE THAT AVA INTELLECT HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH ANY OF THE PLATFORM AND SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO AVA INTELLECT, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

You acknowledge and agree that we have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other outages or failures of any of the Platform and Services that are caused by the actions of government authorities, other third parties, or events beyond our control.

11. Accuracy of Materials

The materials appearing on our website are for general informational purposes only. We do not guarantee their accuracy, completeness, reliability, or compliance with any or all Laws.

12. Links to Third-Party Sites, Third Party Applications and Devices

Our Platform and Services may contain links to or may otherwise interact with third-party websites, applications, services, computers and other devices (“Third Party Sites and Devices”). AVA Intellect does not endorse or assume responsibility for the content and coding of Third-Party Sites and Devices. Use of Third-party Sites and Devices may be subject to additional terms, conditions, and policies provided by the applicable third party and are at your own risk.

13. Customer Support, Questions, and Complaints

For customer support with account and payment-related questions as well as questions relating to our Platform and Services or the Terms, please contact us by email at contact [@] avaintellect [dot] com.

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding any of the Platform and Services or to receive further information regarding use of the Platform and Services.

Disputes

The Terms will continue to apply to you until your account is terminated by either you or AVA Intellect. AVA Intellect may terminate the Terms, your account, and/ or access to any or all of the Platform and Services at our sole discretion or suspend your access to any or all of the Platform and Services at any time if we believe you have breached any of the Terms, if we stop providing any or all of the Platform and Services, or as we believe necessary to comply with Law. If you or AVA Intellect terminate the Terms, or if AVA Intellect suspends your access to the Platform and Services, you agree that AVA Intellect shall have no liability or responsibility to you, and (except as expressly provided in these Terms) AVA Intellect will not refund any amounts that you have already paid. To learn how to terminate your AVA Intellect account, please contact us by email at contact [@] avaintellect [dot] com. All sections of the Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.

15. Governing Law, Jurisdiction, and Venue

The Terms and any dispute, and/or controversy that relates to or arises in connection with the Terms or your relationship with AVA Intellect as a user of our Platform and Services ("Dispute") are governed by and shall be construed in accordance with the laws of the state of Delaware, except to the extent preempted by or inconsistent with federal law. Further, you and AVA Intellect agree to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, to resolve any Dispute, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. To the fullest extent permitted by Law, the parties agree to waive any right to a jury trial.

16. Certain Legal Rights

Under the Law, you may have certain rights that cannot be restricted by an agreement. The Terms are in no way intended to restrict those rights.

17. Severance

If any part of the Terms is found to be unenforceable or invalid, the remaining provisions will remain in effect.

18. No waiver

No failure by us to insist on the strict performance of any covenant, agreement, term, or condition of the Terms or enforce a right or remedy of ours provided under the Terms shall be construed as a waiver with respect to any subsequent performance or breach of performance and each and every covenant, agreement, term, and condition of the Terms shall remain in full force and effect with respect to any other existing or subsequent breach.

19. Changes

We may make changes to the Terms, including, without limitation, any additional terms and conditions incorporated by reference herein, from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on our website or platform. Your use of any of the Platform and services following any changes to the Terms will constitute your acceptance of such changes.

20. Assignment

AVA Intellect may assign any or all of the Terms, and may assign or delegate, in whole or in part, any or all of its rights or obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sublicense your rights under the Terms to any third party.

21. Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and AVA Intellect, the Terms constitute all the terms and conditions agreed upon between you and AVA Intellect and supersede any and all prior agreements in relation to the subject matter of the Terms, whether written or oral. As noted above, other terms and conditions governing use of our Platform and Services are incorporated herein by reference, including , without limitation, the following: AVA Intellect Privacy Policy, AVA Intellect Cookie Policy,