Terms of service

Avana is provided by Sweeber Technologies, Torenlaan 5B, 1402 AT Bussum, the Netherlands, registered with the Netherlands Chamber of Commerce under number 91489377, VAT number NL004895752B70 ("Avana", "we", "us"). You can reach us at support-nl@getavana.com or directly at danny@getavana.com. We reply within 24 hours, usually sooner. Avana is available on the web and as a mobile app.

These terms are between us and the business that uses Avana to take appointments, such as a hair salon, barbershop, nail or lash studio, beauty salon or massage practice ("you"). A "client" is someone who books an appointment with you.

Avana is software. We are not a party to the agreement between you and your client: you provide the treatment, and your client books it with you.

If you have a studio account (Studio, Studio Plus or Studio Max), the Avana Studio terms apply instead of these terms.

What these terms cover

These terms cover all of Avana: your dashboard, your public booking page, the booking widget on your own website, the in-salon Display, the mobile apps, the emails and text messages sent through Avana, our integrations, and every paid and free part of the service. They also cover features we add later, add-ons you buy separately and features offered as a trial or beta.

Where we give examples, they are examples and not a complete list. If a part of the service is not named here, the same rules apply to it. Some features have extra terms, which we show with that feature. If those extra terms conflict with these terms, the extra terms win for that feature only.

To use Avana you create an account with correct and complete details, including your business name, address and a contact person. Keep them up to date, especially the email address on your account, because that is where we send every official notice. You are responsible for everything that happens through your account and for keeping your login details secret.

You are at least 18 years old, you use Avana for your own business, and you have the authority to bind that business. You use Avana as a business, not as a consumer. You do not put wrong prices, misleading information or unlawful content on your booking page, and you do not use Avana to harm the service, other users or anyone else.

Your account is for your own business. You may not resell, rent out or sublicense it, and you do not give access to people outside your team. For staff, use the team accounts Avana provides.

You use Avana only for your own, real business in beauty, wellness or personal care, and for the services you told us about when you signed up. You may not use your salon as a cover to offer or sell anything else through Avana, such as drugs, medicines supplied without the required authorisation, or any other goods or services that break the law.

• Sexual or erotic services are not allowed on Avana. That includes services aimed at sexual arousal or gratification, services described in a way that reasonably suggests this, and services that need a licence you do not hold.
• Services with a medical or therapeutic purpose are allowed only when carried out by someone qualified and, where required, registered to do so. We may ask for proof.
• You make sure that every service you offer complies with the law that applies to you, including any licence or registration your local authority requires (for example for special treatments such as massage, tattooing, piercing or electrolysis).

You describe your services accurately, completely and without misleading anyone. The name and description of a service give a fair picture of what the client actually gets and fit the category you put it in. Photos show your own business and work and do not infringe anyone else's rights.

The price you enter in Avana is the full, correct price for that service. It may not be higher than what a client pays for the same service when they book another way. Any unavoidable cost that is part of the service is included in the price you show, so the client sees the real total before booking. The same applies to add-ons, variations and products.

The service fee for booking and paying online is set by us and is not part of your price. On Avana, the client sees the price including the service fee from the first moment a price is shown, as UK law on drip pricing requires. If you advertise prices for online booking through Avana elsewhere, for example on your own website or social media, make sure those prices do not leave out a fee the client will have to pay. See Service fee and no commission.

To keep the platform safe, lawful and consistent, we may step in:

• We may edit, reclassify, show less prominently or remove the names, descriptions, categories and images of your services.
• We may do this to protect users, to keep the platform's quality, to comply with the law or with the rules of app stores, payment providers or other suppliers, or for another serious reason.
• Where we reasonably can, we tell you first. In urgent cases we may act without notice.
• If you break the rules in What you may offer on Avana, we may remove the listing and suspend or close your account straight away, without compensation.

For salons, Avana offers Business, Business Plus and Business Max. The current prices and what each plan includes are on our pricing page. In the UK we charge in pounds sterling. Our prices are the amount you pay, including any VAT that applies; you never pay more than the price shown.

Which features you can use depends on your plan. We may decide which feature belongs in which plan and change that, as long as the core of your plan stays the same. If a feature you use moves to a higher plan, we tell you at least 30 days in advance, in the same way as a price change.

You start with a free 7-day trial, without giving payment details. We offer one trial per business. If you do not choose a paid plan by the end of the trial, the paid parts of your account close. Your data stays, so you can still choose a plan later; what happens to it in the longer term is under Moving, exporting and keeping your data.

We may change our plans and prices. We announce a price change for a running subscription at least 30 days in advance, and you can cancel before it takes effect.

What you pay and when

You pay in advance for the period you choose: every month on a monthly plan, every year on an annual plan. The first payment is taken on the day you start a paid plan, or the day after your trial ends. Each later payment is taken on the same day of the new period. If that day does not exist in a month, we take it on the last day of that month.

We take payment from the card you save in your account. By saving it, you authorise us to charge your subscription and any add-ons automatically for as long as your subscription runs. Keep the card valid. You receive an invoice for each payment in your account and by email.

Automatic renewal

Your subscription renews automatically at the end of each period for the same length of time, until you or we cancel. There is no minimum term and no annual contract on a monthly plan. Each renewal is at the price that applies to your plan at that time. We email you at least 30 days before a price change takes effect; if you do not agree, you can cancel before that date.

Cancelling

• You cancel in your account, under your subscription settings, or by emailing support-nl@getavana.com from the email address on your account. We always confirm a cancellation by email; keep that email as proof.
• There is no notice period and no cancellation fee, and you do not need to give a reason.
• Cancellation takes effect at the end of the period you have already paid for. Until then you keep full access to your plan. After that, nothing more is charged.
• An annual plan works the same way: you keep access until the end of the paid year, and we do not refund part of the year.
• We do not refund amounts already paid, in whole or in part, also if you hardly used Avana in that period. This does not limit any right to a refund that the law gives you and that cannot be excluded.
• If you move to a higher plan during a period, it takes effect immediately. Nothing is charged at that moment: the difference for the rest of the current period is added to your next invoice, next to the amount for the new period, so that one invoice is higher than the ones after it. Before you switch, your account shows the amounts. Add-ons that are already included in the higher plan, such as extra team members or Avana Academy, end at the switch and are settled the same way. If you move to a lower plan, the change takes effect at your next renewal, without a refund for the current period.
• Monthly add-ons, such as an extra team member, are cancelled separately in your account. They stop at the latest when your subscription stops.

After the last day of your subscription we close access to your account, and your booking page, widget and Display stop working. You handle any future bookings with your clients yourself. What happens to your data next is under Moving, exporting and keeping your data.

If a payment fails

• If a payment fails, we try again and email the address on your account.
• If payment still does not come in, we may suspend paid features after a reminder. Your booking page and widget may be unavailable during that time.
• If a payment is more than 30 days overdue, we may end the subscription and close the account.
• Costs of a failed payment or a chargeback are yours. On late payment we may charge interest and reasonable recovery costs as allowed under the Late Payment of Commercial Debts (Interest) Act 1998.
• A suspension does not change what you owe for the current period and does not entitle you to a refund for the days without access.

We take no commission on your takings: what you earn from treatments, products and courses is yours. To make that possible, the client pays Avana a service fee when they pay online.

How the service fee works

• The service fee is a percentage of the booking, with a minimum and a maximum per booking. The booking amount is the treatment plus any add-ons, after any discount code. If the client only pays a deposit, the fee is based on the full booking amount, not on the deposit. The current amounts are on our pricing page.
• Add-ons count towards the booking amount, so they can raise the fee, but never above the maximum. A booking has one service fee, never a separate fee per add-on.
• For products sold through your page there is a separate, fixed product fee on the product part of the order. If products are bought together with an appointment, only the appointment's service fee applies.
• All fees include any VAT that applies. Nothing is added at checkout.

Shown from the start

The client sees the price including the service fee from the first moment a price is shown on Avana, and the checkout shows the fee as a separate line. The amount shown when the client pays is the amount that applies.

When there is no service fee

The service fee only applies to payments made online through Avana. If your client pays you in the salon, there is no service fee and we receive nothing for that booking. If you send a client a payment link from your dashboard, that payment goes through Avana and the fee is shown before they pay.

Your part, refunds and changes

• The service fee is separate from your price. You do not present it as your own charge, you do not build it into your price and you do not charge it to the client a second time.
• The service fee pays for processing the booking and payment, which has already happened. It is not refunded when a booking is cancelled or refunded, unless the law requires otherwise. The client's statutory rights against you are not affected.
• We may change the percentage, minimum, maximum and structure of the service fee, also for existing accounts. Changes apply to bookings made after the change.

Some features are optional add-ons. You switch them on yourself in your account, and they fall under these terms like the rest of the service. Current prices are in your account and on our pricing page.

Extra team members

Each plan includes a number of team members. Each extra team member is charged monthly with your subscription. If you remove one, the extra place stops at the next period, without a refund for the current one.

Text message credits

• Text messages to your clients use credits, which you buy in bundles.
• One credit is one message part. A longer message is sent in several parts and uses several credits.
• Credits are a one-off purchase. They do not expire, are not refunded or exchanged for money, and cannot be moved to another account.
• On Business Max, free credits may be added each calendar month. Free credits do not build up and end when the condition for them no longer applies.
• A text is only sent when you have credit. Keeping enough credit is your responsibility.
• You can switch automatic top-up on and off. When your balance drops below 10 credits, we buy the bundle you chose again and charge your saved card, at most twice per calendar month. While an automatic purchase is still unpaid, we do not start a second one. If your balance is 0 with top-up on, we top up as soon as a text is waiting; that text is not sent, the ones after it are once the payment has come in.
• We cannot guarantee that every text reaches every recipient. Delivery depends on mobile networks, the phone and the number entered.

Avana Academy

Avana Academy lets you sell your own online courses. How many courses you can have online depends on your plan and is on our pricing page. You take it as a paid add-on to your Avana plan, or on its own, without the booking system, as a separate subscription. It is included in Business Max. During a trial you can try it with one course online and one student.

When you sell a course, you are the seller. We take no commission on your course price. The student pays a service fee per purchase on top of your price, shown before they pay. If you refund a student, the service fee is not refunded. You decide the VAT treatment of your course and are responsible for getting it right. Students in the UK have a legal right to cancel some online purchases; our course cancellation page explains how that works on Avana, and you honour it as the seller.

If you cancel Academy or your Avana subscription ends, students who already enrolled keep access to their courses: videos stay available, certificates stay valid and a booked practical day stays booked. What stops is everything new: inviting students, publishing courses and editing existing ones. We may set a reasonable limit on that continued access in case of excessive use, and only enforce it in exceptional cases.

Extra storage

Each plan includes an amount of storage for video. If you use more, a monthly fee per extra block of storage applies, as shown with that feature. If you cancel extra storage or your subscription ends, we may delete what is above the included amount after giving you notice.

Domain names

If you buy or renew a domain name through Avana, that is a separate purchase with its own term, usually a year. See Your website, domain and Display.

For all add-ons, we may change prices and contents in the same way as for your plan, and credits and extra places have no cash value outside Avana.

You set your own schedule: opening hours, the length and price of each treatment, your booking rules (such as time between appointments and how late someone can book), your holiday and blocked periods, and your cancellation rules. You are responsible for keeping these correct. We do our best to show availability correctly, but we are not liable for bookings that result from information you entered incorrectly.

If a client joins a waitlist and a time comes free, the people on the waitlist are told and the time goes to whoever books first. A place on the waitlist is not a reservation.

Bookings can come in through your booking page, the widget on your website, the Display in your salon, the app, or an appointment you add yourself. The same rules apply to all of them. We may set technical limits on the number of bookings, messages or requests per period to keep the service working for everyone.

You can give team members their own login, with their own calendar and permissions. You decide who gets access to what, and you stay responsible for what happens through those logins, including how client data is handled. When someone leaves, you remove their access.

If you have several locations, you manage them from one account. You keep the details of each location correct, including the address shown to clients and in map services.

Our support team may look into your account and take actions in it when that is needed to solve a problem or a question, or to prevent abuse and fraud. Only authorised Avana staff do this, it is logged, and it is limited to what is needed. If you ask us for help with something in your account, you give us permission to do this.

You can ask clients to pay a deposit or the full price when they book. You decide for which treatments, how much, and which cancellation rules apply. Whether and how a deposit is refunded when a client cancels follows from the cancellation policy you show the client before they book.

We process deposits and refunds according to your settings, but the decision about a refund and the relationship with your client stay with you. The service fee is not refunded.

Booking requests you accept yourself

If you choose to accept online bookings yourself, an online booking arrives as a request, and the appointment is only fixed once you accept it. You choose whether the client pays online with the request. If you decline a request, anything the client paid online goes back to them automatically, without the service fee.

If you do not respond before the appointment starts, the request lapses. The time becomes free again and anything the client paid online goes back to them automatically, without the service fee. A day before the appointment we send you an email and, if you use the app, a push notification. That reminder is an extra: the request lapses even if a message does not reach you.

Accepting or declining requests in time is your responsibility. We are not liable for requests you decline or that lapse, or for income you miss because of that.

Your booking policy

The policy you set in Avana, such as how long before an appointment a client can cancel or move it free of charge, is shown to the client when they book. That policy then applies between you and the client, and you apply it yourself. If you change it, the new version applies to bookings made after the change.

Moving an appointment

A client can move a booking within your rules, or you can move it for them. The existing booking and payment carry over: no new service fee is charged and the fee already paid is not refunded. If you have to move or cancel a booking yourself, for example because you are ill, you sort that out with the client.

No-shows

If a client does not turn up, you can mark the booking as a no-show. What you do next is up to you: keep a deposit under your own policy, charge an amount, or let it go. We do not collect a no-show charge for you and we do not decide whether a no-show is justified. A booking marked as a no-show is not invoiced by default; you can change that in your invoice settings.

Online payments from clients go through our payment provider Stripe, by card, Apple Pay or Google Pay. To take online payments you need your own Stripe account linked to your business, and you must complete Stripe's verification of your business and payout account. Stripe's own terms, including its Connected Account Agreement, also apply; you accept them when you connect. Without completed verification you cannot take online payments. We may change payment provider, and if we do, we make sure you get an equivalent solution.

We collect online payments on your behalf, as your agent for receiving payment. When a client pays through Avana for your service, that counts as payment to you. The amount, minus the client's service fee, is paid out to you on the payout schedule of the payment provider. We do not set that schedule and cannot guarantee how fast a payout arrives. If the payment provider holds or delays a payout, for example for verification or an investigation, that is outside our control.

Refunds, payment disputes and chargebacks are at your cost, also when the amount was already paid out to you. You provide the evidence needed for a dispute. If a chargeback or wrong payment leaves an amount owing to us, we may set it off against amounts we owe you, or invoice you.

You are responsible for your own tax, including VAT on your takings. Avana gives you transaction overviews, but not tax or legal advice.

You can sell gift cards and create discount codes. Both are your offer: you are the issuer, you decide the amounts, validity and rules, and you keep the gift card or code redeemable.

• A gift card is only valid at your business. The money goes to you and the balance is held in your name, not ours. Avana records the gift card and keeps track of the balance.
• You set how long a gift card is valid and tell the buyer before they buy, including how it can be used.
• You honour gift cards and remaining balances, also when you stop using Avana or close your business. We are never obliged to pay out a gift card or balance.
• You make sure the conditions of a promotion are clear and not misleading, and that a discount applies to the right services and dates.
• If a setting mistake creates a discount or credit you did not intend, that is between you and your client. We are not liable for income lost through your own settings.

You can offer products with your treatments or on their own, with variants, stock and labels that you manage. We provide the technology; the offer, the sale and the delivery are yours.

• You are the seller. You are responsible for the description, price, contents, origin and legal requirements of the product, including the rules for cosmetics, ingredients and safety.
• You keep your stock up to date. If you cannot deliver an ordered product, you sort it out with your client, including any refund.
• When you sell at a distance to consumers, the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 apply, including information duties, delivery, the goods being as described and the right to cancel. Meeting them is your responsibility.
• The product fee on an online order is not refunded when a product is refunded.
• If you import product information from a catalogue or another system, you remain responsible for it being correct and for the rights to texts and images.
• You make sure the information on your page matches the product you deliver, including the label, ingredients, best-before date and warnings. You indemnify us against claims from buyers that arise from your products or the information you give about them.

This section is for people who buy a product through a salon's page on Avana.

Who sells. You buy the product from the salon, and your contract of sale is with the salon. Avana provides the technology for the order and the payment and is not a party to the sale.

Product information comes from the salon. The description, photos and details, such as contents, size, colour, ingredients, origin, price and delivery time, are entered by the salon. We do not check them. Photos may differ from the product you receive.

Check before and after you buy. Check that the product suits you before you buy, and check that it is complete and undamaged when it arrives. For a digital product, check that the file is complete, opens and is the right version. Before use, read the label, instructions, ingredients and allergens, best-before date and warnings where available. If in doubt, do not use the product and contact the salon.

Questions, complaints and returns. For questions about the product, delivery, exchanges, returns, guarantees or refunds, go to the salon. Your statutory rights as a consumer, such as the right to cancel most online purchases within 14 days and the right to goods that are as described, of satisfactory quality and fit for purpose, are rights against the salon as the seller. Nothing in these terms affects them.

Our liability. We are not responsible for the products salons offer or for their quality, safety or delivery, and we are not liable for loss caused by a product or by information the salon gave. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

Product fee. On the product part of an online order you pay a product fee to Avana, shown before you pay. It is not refunded if the product is refunded, unless the law requires otherwise.

Avana can create invoices for your appointments and sales, email them to your clients and give you overviews per period and per VAT rate. This helps you keep your records in order, but it does not replace accounting software, an accountant or tax advice.

• You set the details that appear on an invoice, such as your business name, address, company and VAT number, numbering and VAT rates, and you check that they are correct.
• You remain responsible for your tax obligations: the right rates, your returns, payments to HMRC and keeping records for as long as the law requires.
• Invoices are created from the moment you switch the feature on. We do not create invoices for earlier periods.
• Corrections are made with a credit note. An invoice number is never reused and a sent invoice is never changed silently.
• Overviews and insights, such as takings, payment methods, no-shows and VAT per rate, show the data in your account at that moment. They are a tool, not an accountant's statement. We are not liable for decisions you base only on them.
• You can export your invoices and overviews for your accountant. Export what you must keep before your subscription ends.

Avana sends messages that belong to a booking on your behalf, such as confirmations, changes, reminders, waitlist messages and an invitation to leave a review. They go out in your name, with the details you entered. You are responsible for the content you add and for the contact details being correct.

If you also send marketing, such as campaigns, win-back offers, birthday messages or newsletters by email or text, the following applies:

• You are the sender and the controller. Under the Privacy and Electronic Communications Regulations (PECR) you may only send marketing by email or text to people who consented to it, or to existing clients who bought or booked with you, were given a simple way to opt out when you collected their details, and have not opted out (the "soft opt-in").
• Every marketing message includes a working way to opt out. You respect an opt-out immediately and without exception. Avana records opt-outs and stops marketing messages to that person.
• You do not send messages to bought or scraped lists, and you do not use Avana for messages that have nothing to do with your own business.
• We may limit or block sending in case of complaints, many opt-outs or errors, suspected abuse, or when a supplier or regulator asks us to. We may also set limits per period.
• We cannot guarantee that an email, text or push notification arrives or stays out of a spam filter. Delivery depends on parties outside our control.
• Fines or claims resulting from messages you sent are yours, and you indemnify us against them.

We may send you messages that are needed for the service, such as notices about payments, outages, security and changes to these terms. They are part of our agreement, and you cannot opt out of them while you have an account.

You can add booking to your own website with our widget, connect your own domain or subdomain to your booking page, and use a Display with a QR code in your salon so clients can book and pay themselves.

• The widget and the Display are part of the service. You use them unchanged, without getting around, copying or rebranding the technology.
• If you connect your own domain, you handle the settings at your own provider. We cannot guarantee that a connection works in every setup.
• If you register or renew a domain name through Avana, we buy it from a registrar, and the rules of that registrar and of the registry for that extension also apply. A registration runs for the chosen term, is paid in advance and is not refunded, also if you cancel your subscription early.
• A domain only renews if the payment succeeds. If a domain expires because a renewal could not be charged, we cannot always restore it, and the consequences are yours.
• When your subscription ends, the link to your booking page stops working. On request we help move a domain registered through us to you or another provider, as far as the registrar allows and nothing is outstanding.
• The Display and the widget may show a reference to Avana. On plans that include it, you can match them to your own branding.

You get a public booking page. With the visibility setting you choose whether it is public, only reachable through a direct link, or not public. If it is public, we may show your business and services in listings on Avana, let search engines index it, and use the data in structured form so your page displays well.

• The content of your page stays yours. You give us the right to show and distribute it as far as needed to provide the service and help people find you.
• If your page is public, we may share your business details and services with search engines, map services and third-party booking channels, such as Google Search and Google Maps, so clients can find you there and book through a button. We share what is already on your page: your business name, address, phone number, services with price and duration, and the link to your booking page. We share no client data.
• Where we offer such a channel, you can switch it off in your settings, or set your whole page to not public. Bookings that come in through a channel land in your calendar like any other, without commission. How a channel shows your business is up to that channel.
• Clients can leave a review after a visit. Reviews belong to the client who writes them, and we may show them on your page and in listings.
• You do not write or commission fake reviews, you do not offer anything in return for a review without making that clear, and you do not hide or manipulate genuine reviews. Fake and misleading reviews are banned under the Digital Markets, Competition and Consumers Act 2024. We take reasonable steps to prevent and remove them.
• We may remove or hide a review that is unlawful, offensive, not based on a real visit, or otherwise against these terms. We are not obliged to check reviews and are not liable for their content.
• You use the Avana name and logo only to say that you work with Avana, and never in a way that suggests a partnership or endorsement that does not exist.

If you bring data over from another system, for example by importing clients, appointments, services or products, you remain responsible for it: for it being correct, for your right to use it, and for your lawful basis to contact the people in it. We do not check what you import. An import can add or update data, so check the result afterwards.

• You can export your client and booking data, invoices and overviews while your account is active. Make that export before your subscription ends.
• After your subscription ends, we keep your data for 90 days, so you can still ask for a copy or come back. After that we delete or anonymise it, except what we must keep by law, such as data for our own accounts.
• If you delete a client from your account, their personal data is anonymised. Data tied to an invoice or payment stays as far as the law requires.
• We make backups to limit data loss. Backups are for our own use, not a restore service you are entitled to. If you delete data yourself, we cannot guarantee that it can be recovered.

All intellectual property in Avana itself, including the software, design and brand, stays with us. You get a personal, non-transferable right to use it while your subscription runs.

The content you add, such as texts, images, your logo and course videos, stays yours. You confirm that you have the rights to use and offer it, and that it does not infringe anyone's rights or break the law. You give us the right to host and show it as far as needed to provide the service. We may remove content or block access to it if it breaks these terms or the law.

If you give us ideas or feedback about the service, we may use them freely to improve Avana, without payment or obligation.

Your clients are and remain yours. Avana is not a marketplace, and we do not use your client data to approach your clients ourselves. Towards your clients, you are responsible for the services you provide and for handling their data properly.

You indemnify us against claims from third parties that arise from your use of the service. That includes claims from clients about a treatment, product, gift card or credit, claims about messages you sent or content you posted, and claims from regulators about data processing you are responsible for. We tell you promptly about such a claim and let you take part in the defence.

This section is the data processing agreement between you and us required by Article 28 of the UK GDPR. It applies automatically when you accept these terms; you do not need to sign anything else. If you would like a signed copy, email support-nl@getavana.com. Where this section conflicts with the rest of these terms, this section wins, but only for the processing of personal data on your behalf.

Who does what

For the personal data of your clients and staff that you keep in Avana, you are the controller and we are your processor. For your own account details as our customer, and for what we need to run and secure the platform, we are a controller ourselves; our privacy policy covers that.

What we process, and why

• Subject matter and purpose: providing Avana to you as described in these terms, and nothing else.
• People: your clients and staff, and anyone else whose details you add.
• Data: names and contact details, bookings, payments and invoices, messages, answers to intake questions, and the notes you add. If you collect health information, that is special category data (see "What you do" below).
• Duration: for as long as you have an account, plus the period described under Moving, exporting and keeping your data.

What we promise

• We process the data only on your documented instructions. These terms, your settings and what you do in Avana are your instructions. If the law requires us to do something else, we tell you first, unless the law forbids that. If we think an instruction breaks data protection law, we tell you.
• We do not use the data of your clients for our own purposes. We do not contact them for our own marketing, we do not use their data for advertising, we do not sell it, and we do not show it to other businesses on Avana.
• Everyone at Avana and at our sub-processors who can access the data is bound by confidentiality and only has the access their work needs.
• We take appropriate technical and organisational security measures, as Article 32 UK GDPR requires. These include encryption in transit, access control, logging of admin actions and backups. We keep them up to date as technology moves on.

Sub-processors

You give us general permission to use sub-processors, for example for hosting, payments, sending email and text messages, storing video and AI-assisted replies. The current list, with what each one does and where, is in our privacy policy. We put each one under a written contract with data protection terms at least as protective as this section, and we remain responsible to you for what they do. Before we add or replace a sub-processor that handles the personal data of your clients, we tell you by email. If you have a reasonable objection, tell us within 14 days. We will then look for a solution, and if we cannot find one, you can end your subscription before the change takes effect.

International transfers

We are based in the Netherlands, and our main database is hosted in the European Economic Area. The UK recognises the EEA as giving adequate protection, so you can send data to us without further safeguards. Some sub-processors are in the United States. Where data goes there, we rely on the UK Extension to the EU-US Data Privacy Framework for providers certified under it, and otherwise on the International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses. Because we are established in the EU, the EU GDPR also applies to our processing, and we use the matching EU safeguards for the same transfers.

Breaches, requests and audits

• If we become aware of a personal data breach that affects your data, we tell you without undue delay, with the information we have at that point, and we keep you updated. You decide whether to report it to the Information Commissioner's Office (ICO) and to the people affected, because you are the controller. We help you with that.
• We help you respond to requests from people who use their rights (access, correction, erasure, restriction, portability and objection), mostly through the tools in Avana. We also help with security, data protection impact assessments and questions from the ICO, as far as the information we hold allows. If a request takes a disproportionate effort, we may charge a reasonable fee, and we tell you before we start.
• We give you the information you need to show that we meet this section. You may audit us once a year, with reasonable notice, through an independent auditor bound by confidentiality, at your own cost. You may audit more often if there is a concrete sign that we are not meeting this section.
• When your account ends, we delete or anonymise the data within the period described under Moving, exporting and keeping your data, unless the law requires us to keep it. If you ask before then, we give you a copy first.

What you do

You decide what data you collect and why. You make sure you have a lawful basis, you tell your clients how their data is used (for example in your own privacy notice), and you collect no more than you need. If you collect health information, for example in intake questions or treatment notes, you need a condition for processing special category data under Article 9 UK GDPR and the Data Protection Act 2018, usually explicit consent, and you keep to any duty of confidentiality that applies to you. Your instructions to us must be lawful and within what Avana can do.

To provide Avana we work with suppliers, for example for hosting, payments, sending email and text messages, storing and streaming video, AI-assisted replies, and integrations such as calendar sync. We choose them carefully. Where a supplier processes personal data of your clients, Data processing terms applies; the list is in our privacy policy.

We may change suppliers. An outage or limitation at a supplier can affect the service; see Availability and liability for what we are liable for.

If you connect a third-party service to Avana yourself, that party's terms also apply, and what happens in that other system is outside our responsibility.

We do our best to keep Avana stable, secure and available, but we cannot promise it will always be available without interruption. Maintenance or updates may make it unavailable or limited for a while; we announce major planned maintenance in advance where we can. Support is available through the help icon in your dashboard and by email, and we reply within 24 hours, usually sooner.

Features offered as a trial or beta are provided as they are, without availability commitments, and we may change or stop them at any time.

What we are not liable for

Avana is a business tool offered to you as a business, and our no-commission model is priced on the basis of the limits in this section. So far as the law allows, we are not liable to you, whether in contract, tort (including negligence) or otherwise, for:

• loss of profit, revenue, bookings, clients, goodwill or reputation;
• indirect or consequential loss of any kind;
• loss caused by an outage, a software error, maintenance, a temporary interruption, or changing or stopping a feature;
• loss caused by data that you, your team or your clients entered incorrectly, or by settings you chose, such as prices, schedules, availability, policies and invoice details;
• loss caused by misuse of the service or by sharing, losing or weakly protecting login details;
• loss caused by an email, text or push notification not arriving, arriving late or arriving twice;
• loss or unavailability of data, and deleting data after your subscription ends as described in these terms;
• loss caused by a suspension or termination under these terms;
• loss caused by a supplier we use or that you connect, including the payment provider, or by the actions of your clients or team.

Our maximum liability

So far as the law allows, our total liability to you in any 12-month period, for all claims together, is limited to the greater of (a) the subscription fees you paid us in the 12 months before the event that caused the claim, and (b) £100.

What we never exclude

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under the law of England and Wales. Nothing here affects your clients' rights against you; that relationship is separate from these terms.

You must tell us in writing about a claim within 12 months of discovering the loss, or the claim lapses, unless the law does not allow this.

Avana is meant for normal business use by one business. You do not put an unreasonable load on the service, automate requests outside the integrations meant for that, extract data that is not yours, or try to get around, copy or break the technology or its security. We may set and enforce technical limits to keep the service working for everyone.

We may suspend or close your account, or parts of it, where necessary with immediate effect, in case of:

• non-payment after a reminder;
• a serious or repeated breach of these terms;
• services that are not allowed under these terms;
• suspected fraud, money laundering or other crime;
• technical misuse of the service, or a request from a supplier, payment provider, app store, regulator or court;
• behaviour that puts the security of the service, other users, or clients at risk.

Where we can, we tell you first and give you a chance to put things right. A suspension or termination does not change what you owe for the current period, and paid amounts are not refunded unless the law says otherwise. We are not liable for bookings or income you miss because of a suspension or termination that you caused.

You can end the agreement at any time by cancelling your subscription, as described under Payment, renewal and cancelling.

Avana keeps developing. We may add, change or remove features, as long as the core of your plan stays the same. We may change these terms; we announce a material change at least 30 days in advance by email and on this page. If you do not agree, you can cancel before the change takes effect. If you keep using Avana after that date, the new terms apply.

Changes required by law, a court decision or a supplier or regulator may take effect sooner.

Neither of us is liable for failing to perform because of events outside our reasonable control, such as a failure of the internet, power or telecoms; attacks on infrastructure; outages at suppliers such as hosting, email, text messaging or the payment provider; fire, flood or pandemic; war, terrorism or sanctions; and government measures.

We may transfer our rights and obligations under this agreement to a group company or as part of a sale or restructuring of our business, and we will tell you if we do. You may only transfer yours with our prior written consent.

If a court finds part of these terms invalid, the rest stays in force, and the invalid part is replaced by a valid one as close as possible to what was intended. These terms, together with our privacy policy and any extra terms for a specific feature, are the whole agreement between you and us. Changes only apply if we confirm them in writing. Nobody other than you and us has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999. If we do not enforce a right straight away, we can still enforce it later.

If you have a complaint about the service or an invoice, please tell us first at support-nl@getavana.com or danny@getavana.com. We reply within 24 hours, usually sooner, and do our best to solve it together. If that does not work, we each give the other 30 days to settle it by talking before either of us goes to court. This does not stop either of us from asking a court for urgent relief.

These terms and any dispute or claim arising from them, including non-contractual disputes, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction. If your business is based in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

Questions about these terms? Email support-nl@getavana.com or use our contact page.