Avail AI Terms of Service

1. Agreement to Terms

By accessing or using our application (the "Service"), provided by Avail ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Our Service is a scheduling and customer communication platform. The Service allows users to:

• Manage customer conversations across multiple channels
• Receive assistance and support for inquiries
• Schedule appointments and manage bookings

3. Eligibility

Age Requirements

• You must be at least 13 years old to use this Service
• If you are between 13 and 18 years old, you must have parental consent

Account Requirements

• You must provide accurate and complete information
• You are responsible for maintaining the security of your account

4. Permitted Use

You may use our Service for:

• Customer Support: Contacting our support team for legitimate business inquiries
• Service Information: Requesting information about our services
• Problem Resolution: Seeking assistance with service-related issues

5. Prohibited Use

You agree NOT to use the Service for:

• Harassment: Sending abusive, threatening, or harassing messages
• Spam: Sending unsolicited or repetitive messages
• Illegal Activities: Any activities that violate applicable laws
• Impersonation: Pretending to be someone else or providing false information
• System Interference: Attempting to disrupt or interfere with the Service
• Commercial Solicitation: Using the Service for unauthorized marketing or sales

6. User Content

Your Responsibilities

• You are responsible for all messages and content you send through the Service
• You retain ownership of your content but grant us license to use it as described in our Privacy Policy
• You must not send content that is illegal, harmful, or violates others' rights

Our Rights

• We may monitor communications for customer service quality and safety
• We reserve the right to remove or refuse any content that violates these Terms
• We may suspend or terminate accounts that violate these Terms

7. Platform Compliance

Our Service operates on various platforms and is subject to:

• Facebook/Meta Platform Policy and Community Standards
• Google API Services User Data Policy
• Applicable third-party platform terms

Your use is subject to each platform's terms and policies. We are not responsible for platform changes or outages.

8. Service Availability

• We strive to maintain high service availability
• We do not guarantee uninterrupted service
• Scheduled maintenance may cause temporary unavailability
• Response times may vary based on inquiry complexity

9. Privacy and Data Protection

• We collect only data necessary for providing our services
• See our Privacy Policy for detailed information about data practices
• We comply with applicable privacy laws (GDPR, CCPA, etc.)
• We implement appropriate security measures to protect your data
• You should not share sensitive personal information through the Service

10. Intellectual Property

• The Service and its content are protected by intellectual property laws
• Avail retains all rights to the Service
• You may not copy, modify, or distribute our proprietary content
• Do not share copyrighted content without permission
• Respect trademark and other intellectual property rights

11. Disclaimers

• The Service is provided "as is" without warranties
• We disclaim all warranties, express or implied
• We do not guarantee specific outcomes or results
• We do not provide professional advice (legal, medical, financial)
• Information provided is for general guidance only

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to $100 or the amount you paid us (if any)
• We are not liable for third-party actions or platform outages

13. Indemnification

You agree to indemnify and hold harmless Avail from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your breach of any applicable laws

14. Termination

Your Right to Terminate

• You may stop using the Service at any time
• You may revoke app permissions through platform settings
• Termination does not affect our Privacy Policy obligations

Our Right to Terminate

We may suspend or terminate your access if you:

• Violate these Terms
• Engage in prohibited activities
• Pose a security risk

15. Governing Law

• These Terms are governed by the laws of the State of Delaware, USA
• Disputes will be resolved in Delaware courts
• You consent to personal jurisdiction in these courts
• We encourage informal resolution of disputes before legal action

16. Changes to Terms

• We may update these Terms from time to time
• Material changes will be posted on our website
• Continued use after changes constitutes acceptance
• We will update the "Last Updated" date when changes are made

17. Contact Information

For questions about these Terms of Service, please contact us:

18. Severability

If any provision of these Terms is found to be unenforceable:

• The unenforceable provision will be deemed modified to the minimum extent necessary
• The remainder of these Terms will remain in full effect
• The overall intent of these Terms will be preserved

19. Entire Agreement

• These Terms, together with our Privacy Policy, constitute the entire agreement
• These Terms supersede all prior agreements or understandings
• No other terms or conditions apply unless explicitly agreed in writing

20. SMS/Text Messaging Terms

Program Description

Avail provides SMS text message notifications to business administrators who opt-in to receive alerts about:

• New customer messages and inquiries
• Booking confirmations, cancellations, and reminders
• Account updates and important notifications

Consent and Opt-In

By providing your phone number and enabling SMS notifications in your Avail account settings, you expressly consent to receive recurring automated SMS text messages from Avail at the phone number provided. The SMS opt-in checkbox is not pre-checked; you must actively consent by checking the box and providing your phone number.

Consent to receive SMS messages is not a condition of purchasing any goods or services from Avail.

Message Frequency

Message frequency varies based on your account activity and notification preferences. You may receive multiple messages per day depending on customer activity and bookings. Typically, you will receive 1-10 messages per day when SMS notifications are enabled.

Message and Data Rates

Message and data rates may apply. Your carrier's standard messaging rates apply to all SMS messages sent and received. Contact your wireless carrier for details about your messaging plan.

Opt-Out Instructions

You can opt out of SMS notifications at any time by:

• Replying STOP to any message from Avail
• Disabling SMS notifications in your Avail account settings
• Contacting us at support@beavail.com

After texting STOP, you will receive a single confirmation message: "Avail: You have been unsubscribed and will no longer receive SMS messages. Reply HELP for help or START to resubscribe." No further messages will be sent unless you re-enable notifications.

Help Instructions

For help with SMS notifications:

• Reply HELP to any message for assistance
• Email: support@beavail.com
• Visit: https://beavail.com/support

When you text HELP, you will receive: "Avail SMS Help: For support, email support@beavail.com or visit https://beavail.com/support. Reply STOP to unsubscribe. Msg&data rates may apply."

Supported Carriers

SMS notifications are supported on all major U.S. wireless carriers including AT&T, Verizon, T-Mobile, US Cellular, and others. Delivery is subject to carrier network availability. Carriers are not liable for delayed or undelivered messages.

Privacy and Data Sharing

We do NOT sell, rent, lease, or share your phone number or SMS opt-in data with third parties for marketing or promotional purposes.

Your phone number and SMS consent data are handled in accordance with our Privacy Policy. Your phone number may only be shared with:

• Our SMS service provider (Twilio) solely for message delivery
• Law enforcement when required by law