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TERMS OF SERVICE

Last Updated: December 27, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Awantis ("Company," "we," "us," "our"), a company operating the website www.awantis.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at hello@awantis.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Awantis, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by hello@awantis.com. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old and are designed primarily for business entities and professionals. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. SERVICE AGREEMENTS AND PAYMENT
  6. SUBSCRIPTIONS
  7. SOFTWARE AND AI SYSTEMS
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENSE
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. SERVICES MANAGEMENT
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER
  19. LIMITATIONS OF LIABILITY
  20. INDEMNIFICATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  23. SMS TEXT MESSAGING
  24. MISCELLANEOUS
  25. CONTACT US

1. OUR SERVICES

The information provided when using the Services is intended for general informational and marketing purposes related to our custom AI agents and intelligent automation solutions for enterprises. Our Services include our website, strategic assessments, consultation services, and information about custom AI development solutions designed to optimize business operations through lead generation, lead reactivation, process automation, customer experience enhancement, business intelligence, and system integration.

We provide custom AI systems, automation solutions, and related consulting services to businesses seeking to enhance their operational efficiency through intelligent technology. Our "Results-as-a-Service" approach focuses on delivering measurable outcomes including operational refinement, faster process completion, and measurable ROI for our enterprise clients.

Important Notice:

The Services described on our website require separate written agreements (such as Service Agreements, Statements of Work, or Master Services Agreements) that will govern the specific terms of any actual project, consultation, or ongoing service engagement. These Legal Terms govern your general use of our website and preliminary interactions, while specific service engagements will be governed by those dedicated agreements.

The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

solely for your internal business purpose of evaluating our services and engaging with us.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you submit and warrant that: (a) your Submissions are accurate and not misleading; (b) you have all necessary rights to submit such Submissions; (c) your Submissions do not violate any law or third-party rights; and (d) your Submissions do not constitute confidential information unless we have signed a separate non-disclosure agreement with you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. All information you submit will be true, accurate, current, and complete;
  2. You have the legal capacity and agree to comply with these Legal Terms;
  3. You are at least 18 years old;
  4. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  5. You will not use the Services for any illegal or unauthorized purpose;
  6. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Services and refuse any current or future use of the Services.

4. USER REGISTRATION

The Awantis website primarily serves as an informational portal and does not currently require user account registration for general browsing. However, you may need to provide contact information for strategic assessments or consultations. Should future Services require user registration and account creation, you agree to keep any passwords confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change any username if we determine it is inappropriate, obscene, or otherwise objectionable.

5. SERVICE AGREEMENTS AND PAYMENT

Awantis provides custom AI solutions and intelligent automation services that typically involve tailored proposals, statements of work, and service agreements rather than direct online purchases through the website.

Specific terms regarding scope of services, deliverables, payment schedules, fees, and other commercial conditions will be outlined in separate written agreements executed between Awantis and the client. Unless otherwise specified in a separate agreement, all payments shall be in United States Dollars (USD).

We accept various forms of payment including:

You agree to provide current, complete, and accurate information for all service engagements. We reserve the right to correct any errors or mistakes in pricing or service descriptions. We may refuse any service engagement and reserve the right to limit engagements that appear inappropriate or not from legitimate business operations.

6. SUBSCRIPTIONS

Our "Results-as-a-Service" approach may involve ongoing service engagements or subscription-like models for continuous improvement and support. Should we offer specific subscription-based services:

7. SOFTWARE AND AI SYSTEMS

We may include or develop software for use in connection with our Services, including custom AI agents and intelligent automation systems. If such software is accompanied by an end user license agreement ("EULA"), the EULA terms will govern your use. Otherwise, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms.

AI-Specific Terms:

Any software is provided "AS IS" without warranty of any kind. You accept all risk arising from software use and may not reproduce or redistribute any software except as permitted.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

9. USER GENERATED CONTRIBUTIONS

The Services may provide opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, "Contributions"). When you create or make available any Contributions, you represent and warrant that:

10. CONTRIBUTION LICENSE

By submitting suggestions or feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your Contributions. You retain full ownership of all intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from all responsibility regarding your Contributions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") and third-party content ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites or Content, including their accuracy, offensiveness, opinions, reliability, or privacy practices.

Inclusion of or linking to Third-Party Websites or Content does not imply approval or endorsement by us. If you access Third-Party Websites or Content, you do so at your own risk. You should review applicable terms and policies of any third-party websites. Any purchases through Third-Party Websites are exclusively between you and the applicable third party.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms;
  2. Take appropriate legal action against violators;
  3. Refuse, restrict access to, limit availability of, or disable any of your Contributions;
  4. Remove from the Services any files and content that are excessive in size or burdensome to our systems;
  5. Otherwise manage the Services to protect our rights and property and facilitate proper functioning.

13. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW.

We may terminate your use or participation in the Services at any time, without warning, in our sole discretion. If we terminate or suspend your access, you are prohibited from registering and creating a new account under any name. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We have no obligation to update information on our Services. We will not be liable for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience problems or need to perform maintenance resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Services at any time without notice. You agree we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime.

15. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of the State of Delaware, United States, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control costs of any dispute related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising from these Legal Terms shall be determined by one arbitrator in accordance with JAMS rules. The arbitration shall be conducted in Delaware. The language of proceedings shall be English. Applicable substantive law shall be the law of Delaware.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right for class-action arbitration or representative capacity disputes.

Exceptions

The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO THE SERVICES; (3) UNAUTHORIZED ACCESS TO OUR SECURE SERVERS; (4) INTERRUPTION OR CESSATION OF TRANSMISSION; (5) BUGS, VIRUSES, OR SIMILAR ITEMS TRANSMITTED BY THIRD PARTIES; OR (6) ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE FROM USE OF CONTENT.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Use of the Services;
  2. Breach of these Legal Terms;
  3. Breach of your representations and warranties;
  4. Your violation of third-party rights, including intellectual property rights;
  5. Any harmful act toward any other user of the Services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

21. USER DATA

We will maintain certain data that you transmit to the Services for managing performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

23. SMS TEXT MESSAGING

Program Description

By opting into any Awantis text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Awantis text messages may include marketing communications, service updates, appointment reminders, and other business-related communications.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at hello@awantis.com.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. These Legal Terms will not be construed against us by virtue of having drafted them.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Email: hello@awantis.com

Website: www.awantis.com