Terms of Service
Effective Date: July 10, 2024
This Terms of Service Agreement (the “Agreement”) governs your access to, receipt of, and use of the services provided by Avar AI (“Avar”).
By either:
(a) purchasing access to the service through an ordering process that references this Agreement,
or
(b) signing up for a paid access plan for the service, you acknowledge and agree to be bound by the terms of this Agreement.
The individual accepting this Agreement does so on behalf of a company or other legal entity (the “Customer”) and represents and warrants that they have the authority to bind such entity and its affiliates to the terms of this Agreement. If the individual does not have such authority, or if the entity does not agree to these terms, the individual must not accept this Agreement, and the services may not be used.
1. The Service
1.1 Service Description
Avar AI offers a cloud-based artificial intelligence platform that provides chatbot solutions for customer support, sales, and user engagement (the “Service”). Any content, configurations, customisations, uploads, or other materials created or utilized by the Customer (including its Users) through the Service are classified as “User Submissions.” The Customer bears full responsibility for all User Submissions contributed to the Service.
1.2. Customer’s Subscription
Subject to this Agreement, the Customer may purchase a subscription to access and use the Service as specified in an Order agreed upon through Avar’s website or the Internet Cloud service portal. Each subscription is valid for the period stated in the Order (“Subscription Period”). Access is limited to authorised individuals (“Users”) and for the Customer’s internal business purposes only.
1.3. Avar – Internet Cloud Ownership
Avar – Internet Cloud retains full ownership of the Service, Software, Avar – Internet Cloud Content, Documentation, and all other materials provided to the Customer (collectively, the “Materials”). Avar – Internet Cloud holds all rights, title, and interest, including intellectual property rights, in and to the Materials, underlying technology, updates, enhancements, modifications, fixes, and any derivative works thereof.
No licenses are granted to the Customer except as expressly stated in this Agreement. All other rights are reserved by Avar – Internet Cloud.
2. Restrictions
2.1 Customer’s Responsibilities
The Customer is responsible for all actions taken under its account and its Users’ accounts, except where unauthorised access occurs due to vulnerabilities in the Service. The Customer must ensure its Users comply with this Agreement and is liable for any breaches caused by its Users.
2.2 Use Restrictions
The Customer agrees not to, and will not allow Users or third parties to:
(a) modify, translate, copy, or create derivative works of the Service;
(b) reverse engineer, decompile, or attempt to discover the Service’s source code or underlying ideas, except as permitted by law;
(c) sublicense, sell, rent, lease, distribute, or otherwise commercially exploit the Service;
(d) remove or alter any proprietary notices on the Service;
(e) use the Service in violation of applicable laws or regulations;
(f) attempt unauthorised access to, or disrupt the operation or security of, the Service;
(g) use the Service to develop or support products that compete with Avar;
(h) test the Service’s security or vulnerabilities without prior written authorisation.
If the Customer’s use of the Service compromises Avar’s security, integrity, or operations, Avar may suspend access to the Service. Avar will make reasonable efforts to notify the Customer and promptly work to resolve the issue.
2.3 API Access Restrictions
Avar may provide API access as part of the Service. Avar reserves the right to establish and enforce usage limits on the APIs, and the Customer agrees to adhere to these limits. Avar may suspend or terminate API access at its discretion.
3. Third-Party Services
The Service may include integrations with or access to third-party services or platforms, such as those provided by OpenAI, Zapier, including software API (“Third-Party Services”). Avar makes no representations or warranties regarding Third-Party Services and is not responsible for their performance, accuracy, or reliability. The Customer acknowledges and agrees that:
(a) Use of Third-Party Services is at the Customer’s own risk and subject to the third-party providers’ terms and conditions.
(b) Avar is not liable for any damages, losses, or other liabilities incurred as a result of the Customer’s use of Third-Party Services.
(c) Any data or information provided to Third-Party Services is at the Customer’s discretion, and Avar has no responsibility for such data once transmitted.
(d) Avar may modify, suspend, or terminate access to Third-Party Services at any time without notice or liability.
(e) The Customer is responsible for complying with all applicable laws and regulations in connection with their use of Third-Party Services.
4. Financial Terms
4.1 Fees
Customers must pay the fees specified in the applicable order (“Fees”) for access to and use of the Service. All Fees are charged in Australian Dollars (AUD). Payment obligations cannot be canceled, and except as expressly stated in this Agreement, Fees are non-refundable.
Avar – Internet Cloud reserves the right to adjust its Fees or introduce new charges at its discretion. If a Customer disagrees with any revised Fees, they may choose not to renew their subscription.
4.2 Failure to Pay
If a customer fails to pay any Fees when due, Avar may suspend access to the Service until overdue amounts are paid. Avar – Internet Cloud is authorised to attempt charging the customer’s payment method multiple times if an initial charge is unsuccessful. If a customer believes they have been incorrectly billed, they must contact Avar to begin a review and Avar will provide the customer with a written confirmation and a decision.
5. Data
5.1 User Information
Avar collects and processes basic user information (e.g., names, emails, and contact details) to provide and improve the Service. By using the Service, the Customer consents to Avar’s collection and use of this information in accordance with applicable laws and Avar’s Privacy Policy.
5.2 User Submissions
User Submissions include any content, data, or materials uploaded, configured, or otherwise shared by the Customer or its Users through the Service. The Customer retains ownership of User Submissions and is solely responsible for their accuracy, legality, and use.
5.3 Service Data
Avar may collect and use data generated through the Customer’s use of the Service (“Service Data”) for analytics, performance monitoring, and to improve the Service. Service Data does not include User Submissions or any personally identifiable information unless anonymised.
5.4 Data Protection
Avar will implement industry-standard measures to protect User Information, User Submissions, and Service Data from unauthorised access, loss, or disclosure. The Customer is responsible for protecting account credentials and ensuring its Users comply with data security best practices.
6. Term and Termination
6.1 User Information
This Agreement begins on the date the Customer first subscribes to the Service and continues for the duration of the subscription period specified in the applicable order (“Term”), unless terminated earlier in accordance with this Agreement.
6.2 Termination
Avar may also suspend or terminate access to the Service immediately if the Customer violates the use restrictions or any applicable laws.
6.3 Effect of Termination
Upon termination:
(a) the Customer’s access to the Service will be disabled;
(b) all outstanding Fees become immediately due; and
(c) the Customer must stop using the Service and delete any materials provided by Avar.
6.4 Survival
Sections regarding payment obligations, data terms, ownership, confidentiality, and any other terms that by their nature should survive termination will remain in effect.