Terms of Service
Last Updated: August 2024
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT ELIMINATES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST READ THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.
1. Use of the Platform
1.1 Restrictions
You must be at least 18 years old to use the AVPIA platform. By accepting these Terms, creating an account, or using the services, you represent that you meet this minimum age requirement. Direct competitors of AVPIA are prohibited from using the platform for the purpose of obtaining a competitive advantage.
1.2 Account Ownership
Account ownership shall be assigned to the individual or entity that provided the registration information. In the event of a dispute, AVPIA reserves the right to request legal proof of ownership of the associated entity. In the absence of such proof, the account may be suspended until a judicial decision or mutual agreement is reached.
1.3 Purpose of Use
The platform must be used exclusively for lawful purposes in accordance with applicable laws. You represent that you:
will maintain all necessary licenses and authorizations;
are responsible for your actions and those of your users and clients;
will ensure that your clients are aware of and accept terms similar to these;
own or have rights to any content, customization, or code submitted to the platform;
will cooperate with lawful requests from authorities or telecommunications providers;
will not allow access to AVPIA competitors;
will not reverse engineer or attempt to access the platform’s source code;
will not remove intellectual property notices.
1.4 Compliance
You are fully responsible for your use of the platform, including compliance with applicable laws such as LGPD, HIPAA, or other privacy regulations. AVPIA does not guarantee that use of the platform automatically ensures regulatory compliance.
1.5 Privacy
By providing data on the platform, you consent to its use as described in AVPIA’s Privacy Policy. You must also maintain your own privacy policy for your clients, ensuring informed consent for data processing and sharing as required by law.
1.6 Credentials
You are responsible for maintaining the confidentiality of your access credentials. Any unauthorized use must be reported immediately. AVPIA may suspend credentials at its discretion for security reasons. Monitoring and support of your account and your clients’ accounts may be performed by AVPIA.
1.7 Communications
By using SMS, email, or calling features, you agree that you are responsible for all content sent and for compliance with laws such as TCPA, CAN-SPAM, and opt-out requirements.
1.8 Third-Party Integrations
By enabling integrations with external services, you authorize the sharing of data with such providers. AVPIA is not responsible for failures, losses, or omissions caused by third parties.
1.9 Third-Party Content
You are responsible for any third-party content accessed through the platform. AVPIA does not endorse or guarantee its accuracy or suitability.
1.10 Excessive Use
AVPIA may request plan upgrades, impose limits, or terminate service in cases of abusive usage affecting platform performance.
1.11 Updates
AVPIA may modify platform features at any time. Continued use constitutes acceptance of such changes.
1.12 International Use
Users from embargoed or sanctioned countries are prohibited from using the platform. Compliance with local laws, including export and sanctions regulations, is your responsibility.
1.13 AI Policy
Artificial intelligence features must be used in compliance with AVPIA’s Acceptable Use Policy.
1.14 Domain Names
If AVPIA registers a domain on your behalf, ownership will temporarily remain with AVPIA. Transfers may be requested in writing and may incur administrative fees.
1.15 Security Testing
You may not conduct penetration tests or security assessments without prior authorization from AVPIA.
1.16 Certification
AVPIA certification is personal and non-transferable and does not imply formal affiliation. Information may be displayed in public directories with your consent.
1.17 E-commerce
You are solely responsible for any products or services sold through the platform, including refund policies, delivery timelines, and legal compliance. AVPIA does not act as a seller or guarantee your offerings.
2. Code of Conduct
You agree to fully comply with this Code of Conduct when using the AVPIA platform. Violations may result in immediate suspension or termination.
You may not:
Use the platform in violation of any applicable law or regulation;
Use the platform in countries that restrict AI usage;
Harm or attempt to harm others;
Store, transmit, or reuse content that violates these Terms;
Send spam, chain messages, or unauthorized mass communications;
Impersonate AVPIA staff, users, or entities;
Interfere with others’ use of the platform;
Overload infrastructure or introduce malicious software;
Attempt unauthorized access to systems;
Conduct DDoS attacks;
Use bots or scripts to scrape data;
Share sexual, violent, discriminatory, or offensive content;
Engage in fraud, phishing, or identity falsification;
Use the platform for illegal or high-risk activities such as: gambling, predatory lending, crypto mining; automated decisions on credit, employment, or public assistance; unauthorized practice of medicine, law, or finance; military, infrastructure, or unlawful political activities.
AVPIA reserves the right to investigate, block, or remove users and content. Severe violations may be reported to authorities.
3. Payments
3.1 Fees and Billing
Use of the platform requires payment according to the selected plan. Charges may include subscriptions, communication fees (SMS, voice, email), add-ons, or usage-based fees. AVPIA may change pricing with prior notice. Payments are prepaid, and variable charges are billed in the following cycle.
3.2 Wallet and Auto-Recharge
Your account may include a wallet for automated services. You authorize AVPIA to debit amounts as needed. Negative balances may result in automatic charges to your payment method.
3.3 Late Payments and Disputes
Failed payments will be retried for up to 7 business days. Continued failure may result in suspension. Billing disputes must be submitted within 30 days. Disputed amounts remain due during review. AVPIA’s decision is final.
3.4 Cancellation
You must cancel via the platform or formal request. Charges continue until cancellation is processed. No retroactive refunds will be granted.
3.5 Refund Policy
All fees are non-refundable;
Prepaid services are non-cancellable and non-refundable;
Remaining credits must be requested within 30 days after account closure.
3.7 Taxes
Fees do not include taxes unless stated. You are responsible for all applicable taxes.
4. Intellectual Property
All platform content is owned by AVPIA or its licensors and protected by law.
AVPIA trademarks may not be used without permission;
User submissions are non-confidential and may be used freely by AVPIA;
Prohibited content includes illegal, infringing, or harmful material;
Feedback grants AVPIA unrestricted rights to use it;
Copyright claims may be submitted to [email protected];
Usage data may be collected in aggregated, anonymized form.
5. Disclaimers
The platform is provided “as is” and “as available” without warranties.
AVPIA does not guarantee:
performance or profits;
uninterrupted service;
accuracy of results;
correction of errors.
You assume all risks. AVPIA is not liable for damages, including loss of profits or data.
6. Limitation of Liability and Indemnification
Liability is limited to amounts paid in the last 3 months or $100 for free users.
AVPIA is not liable for indirect damages.
You agree to indemnify AVPIA against claims arising from misuse, violations, or illegal content.
7. Time Limit for Claims
Claims must be filed within 3 months of the event.
8. Injunctive Relief
AVPIA may seek injunctive relief without posting bond.
9. Waiver and Severability
Failure to enforce rights does not waive them. Invalid provisions will be limited while others remain valid.
10. Change of Control
AVPIA may transfer rights without notice. You may not transfer rights without consent.
11. Entire Agreement
These Terms constitute the full agreement between you and AVPIA.
12. Term and Termination
Terms remain in effect while your account is active.
AVPIA may terminate access at any time.
Inactive accounts may be deleted after 90 days.
Force majeure applies.
13. Governing Law and Arbitration
Governed by Florida law. Disputes resolved via binding arbitration in Lake Worth, Florida, administered by the AAA. No class actions allowed.
14. Contact
8296 Cadre Noir - FL - Lake Worth 33467
15. Definitions
Includes terms such as Fees, Platform, Account, Services, Third-Party Content, etc.
Annexes
Exhibit A – Code of Conduct
Exhibit B – AI Acceptable Use Policy
END OF TERMS OF SERVICE
