Terms of service

Avana is provided by Sweeber Technologies, a business registered in the Netherlands (Netherlands Chamber of Commerce number 91489377), Torenlaan 5B, 1402 AT Bussum, the Netherlands ("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 an agreement between us and the business that uses Avana to take appointments, such as a hair salon, barbershop, nail or lash studio, spa 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 service, 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.

These terms cover all of Avana: your dashboard, your public booking page, the booking widget, the in-salon Display, the mobile apps, emails and text messages sent through Avana, our integrations, and every paid and free feature, including features added later, add-ons and trial or beta features. Examples are examples, not a complete list. Some features have extra terms, shown with that feature; for that feature, they control if they conflict with these terms.

You create an account with correct and complete details, including your business name, address and a contact person, and keep them current, especially your account email address, where we send all official notices. You are responsible for everything that happens through your account and for keeping your login details secret.

You are at least 18, you use Avana for your own business and not for personal, family or household purposes, and you have authority to bind your business. You do not post wrong prices, misleading information or unlawful content, and you do not use Avana to harm the service or anyone else.

Your account is for your own business. You may not resell, rent out or sublicense it, or 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 Avana to offer or sell anything else, such as drugs, prescription products without the required license, or other unlawful goods or services.

• Sexual or erotic services are not allowed on Avana, under any name or description.
• Services with a medical or therapeutic purpose are allowed only when performed by someone licensed to do so under the law of your state. We may ask for proof.
• You hold every license your state and city require for your business and for each service you offer, such as cosmetology, barbering, esthetics, nail technology or massage therapy licenses, and you comply with the law that applies to you.

You describe your services accurately, completely and without misleading anyone, and your photos show your own business and work and do not infringe anyone's rights.

The price you enter in Avana is the full, correct price for the service. It may not be higher than what a client pays for the same service when booking another way. Any unavoidable cost that is part of the service is included in the price you show. 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 California law and the laws of a growing number of states require. If you advertise prices for online booking through Avana elsewhere, make sure they do not leave out a fee the client will have to pay. See Service fee and no commission.

• We may edit, reclassify, show less prominently or remove the names, descriptions, categories and images of your services, to protect users, keep the platform's quality, comply with the law or the rules of app stores, payment providers or 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 immediately, without compensation.

For salons, Avana offers Business, Business Plus and Business Max. Current prices and what each plan includes are on our pricing page. In the US we charge in US dollars. Our prices include any sales tax that applies, so the price shown is the price you pay.

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.

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, as described 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 charged on the day you start a paid plan, or the day after your trial ends, and each later payment on the same day of the new period (or the last day of a month that has no such day). You receive a receipt and invoice for each payment.

Automatic renewal. Your subscription renews automatically at the end of each period for the same length of time, at the price that applies to your plan at that time, until you cancel. By saving a card in your account, you authorize us to charge it for your subscription and add-ons on each renewal date until you cancel. There is no minimum term on a monthly plan. We email you at least 30 days before a price change takes effect.

Canceling

• You can cancel online at any time in your account, under your subscription settings, or by emailing support-nl@getavana.com from your account email address. We confirm every cancellation by email.
• There is no notice period and no cancellation fee. Cancellation takes effect at the end of the period you already paid for, and you keep full access until then. 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.
• Except where the law requires otherwise, payments are non-refundable, in whole or in part, also if you hardly used Avana in that period.
• If you move to a higher plan during a period, it takes effect immediately and 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. Your account shows the amounts before you switch. Add-ons already included in the higher plan, such as extra team members or Avana Academy, end at the switch and are settled the same way. A move to a lower plan takes effect at your next renewal, without a refund.
• Monthly add-ons, such as an extra team member, are canceled separately in your account and 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.

If a payment fails

• If a payment fails, we try again and email your account address. If payment still does not come in, we may suspend paid features after a reminder, and your booking page and widget may be unavailable meanwhile.
• If a payment is more than 30 days past due, we may end the subscription and close the account.
• Costs of a failed payment or a chargeback are yours, and we may charge reasonable collection costs where the law allows.
• A suspension does not change what you owe for the current period.

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

• The service fee is a percentage of the booking, with a minimum and a maximum per booking. The booking amount is the service plus any add-ons, after any discount code. If the client only pays a deposit, the fee is based on the full booking amount. The current amounts are on our pricing page.
• Add-ons count toward the booking amount, so they can raise the fee, but never above the maximum. A booking has one service fee.
• 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.
• The client sees the price including the service fee from the first moment a price is shown, and the checkout shows the fee as a separate line. Fees include any sales tax that applies.
• The service fee only applies to online payments through Avana. If the client pays you in person, there is no service fee. A payment link you send from your dashboard goes through Avana, and the fee is shown before the client pays.
• The service fee is separate from your price. You do not present it as your own charge, build it into your price or charge it again.
• The service fee pays for processing the booking and payment, which has already happened. It is not refunded when a booking is canceled or refunded, unless the law requires otherwise.
• We may change the percentage, minimum, maximum and structure of the service fee, also for existing accounts, for bookings made after the change.

Some features are optional add-ons that you switch on in your account. They fall under these terms, and 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 seat 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 segment; a longer message uses several credits.
• Credits are a one-time purchase. They do not expire, are not refundable or redeemable for cash, and cannot be moved to another account.
• On Business Max, free credits may be added each calendar month. They do not roll over and end when the condition for them no longer applies.
• A text is only sent when you have credit. With automatic top-up on, 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; you can switch it off at any time.
• Texts to US phone numbers are sent through a registered business messaging campaign (A2P 10DLC), as US carriers require. Until that registration is approved for your account, text messages to US numbers may be unavailable, and appointment reminders go out by email instead.
• We cannot guarantee that every text is delivered. Delivery depends on carriers, 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. You take it as a paid add-on, or on its own as a separate subscription; it is included in Business Max. During a trial you can try it with one course 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. You set your own refund policy for courses and show it before purchase, and you honor any refund or cancellation right the student has under the law of their state. If you refund a student, the course price goes back and the service fee does not. You are responsible for any sales tax on your courses.

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.

Extra storage and domain names

Each plan includes an amount of video storage; above that, a monthly fee per extra block applies, as shown with that feature. If you cancel extra storage, we may delete what is above the included amount after notice. A domain name bought or renewed through Avana is a separate purchase with its own term; see Your website, domain and Display.

Credits and extra seats have no cash value outside Avana.

You set your own schedule, the length and price of each service, your booking rules, your blocked times and your cancellation policy, and you keep them correct. We do our best to show availability correctly but are not liable for bookings that result from information you entered incorrectly.

If a client joins a waitlist and a time opens up, the people on the waitlist are notified and the time goes to whoever books first. A waitlist spot is not a reservation.

The same rules apply to every booking channel: your booking page, the widget, the Display, the app and appointments you add yourself. We may set technical limits on bookings, messages or requests per period.

You can give team members their own login with their own calendar and permissions. You decide who gets access to what and 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 and keep each location's details 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 needed to solve a problem or a question, or to prevent abuse and fraud. Only authorized Avana staff do this, it is logged and limited to what is needed. If you ask us for help with 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 services, how much, and which cancellation rules apply, and you show that policy to the client before they book. We process deposits and refunds according to your settings; the decision about a refund and the relationship with your client stay with you. The service fee is not refunded.

Booking requests. If you choose to accept online bookings yourself, an online booking arrives as a request and is only confirmed once you accept it. If you decline a request, or do not respond before the appointment starts, anything the client paid online is refunded automatically, without the service fee, and the time becomes free again. A day before the appointment we send you an email and, if you use the app, a push notification, but the request lapses even if that reminder does not reach you. Accepting or declining requests in time is your responsibility, and we are not liable for income you miss because a request was declined or lapsed.

Your booking policy. The policy you set, such as how long before an appointment a client can cancel or reschedule free of charge, is shown to the client when they book and applies between you and the client. A change applies to bookings made after it.

Rescheduling. A client can reschedule within your rules, or you can do it for them. The booking and payment carry over: no new service fee is charged, and the fee already paid is not refunded. If you have to reschedule or cancel yourself, you resolve that with the client.

No-shows. You can mark a booking as a no-show. What you do next is up to you: keep a deposit under your policy, charge an amount your policy allows, or let it go. Keep any charge reasonable and in line with the law of your state. We do not collect no-show charges for you and do not decide whether a no-show is justified.

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 must complete Stripe's identity and business verification. Stripe's own terms, including the Stripe Connected Account Agreement, also apply; you accept them when you connect. We may change payment provider and then make sure you get an equivalent solution.

We collect online payments on your behalf, as your limited agent for receiving payment. A payment by a client through Avana for your service counts as payment to you. The amount, minus the client's service fee, is paid out to you on the payment provider's schedule. We do not set that schedule and do not guarantee its speed. Holds and delays by the payment provider are outside our control.

Refunds, disputes and chargebacks are at your cost, also after payout. You provide the evidence needed for a dispute. If a chargeback or wrong payment leaves an amount owing to us, we may offset it against amounts we owe you or invoice you.

You are responsible for your own taxes, including any sales tax on your services and products and reporting on Form 1099-K where applicable. Avana gives you transaction reports but not tax or legal advice.

• Gift cards and discount codes are your offer: you are the issuer, you decide amounts, validity and rules, and you keep them redeemable. A gift card is only valid at your business, the money goes to you, and the balance is held in your name. Avana records the gift card and its balance.
• You comply with federal and state gift card laws. Under the federal Credit CARD Act, a gift card generally may not expire sooner than five years after it was issued or money was last loaded, and some states do not allow expiration dates or fees at all, or require unused balances to be reported as unclaimed property. Set your expiration settings accordingly.
• You honor gift cards and remaining balances, also when you stop using Avana or close your business. We are never obligated to pay out a gift card or balance.
• Promotions must be clear and not misleading. A discount created by a setting mistake is between you and your client.

• You can offer products with your services or on their own. We provide the technology; you are the seller and are responsible for the description, price, contents, origin and legal requirements of the product, including FDA rules for cosmetics, labeling and safety.
• You keep your stock up to date. If you cannot deliver an ordered product, you resolve it with your client, including any refund, and you meet the FTC Mail, Internet, or Telephone Order Merchandise Rule on shipping times.
• The product fee on an online order is not refunded when a product is refunded.
• If you import product information, you remain responsible for it being correct and for the rights to texts and images.
• 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 payment and is not the seller.

Product information comes from the salon. The description, photos and details are entered by the salon, and we do not check them. Photos may differ from the product you receive. Check the product before use, read the label, ingredients, allergens and warnings, and if in doubt, do not use it and contact the salon.

Questions, returns and refunds go to the salon, under its return policy and your rights under the law of your state. Nothing in these terms limits those rights.

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 and receipts for your appointments and sales, email them to clients, and show overviews per period and tax rate. This helps you keep records but does not replace accounting software, an accountant or tax advice.
• You set and check the details on your invoices, such as business name, address, tax ID and tax rates, and you remain responsible for your tax obligations and record keeping.
• Invoices are created from the moment you switch the feature on, never for earlier periods. Corrections are made with a credit note, and an invoice number is never reused.
• Overviews and insights show the data in your account at that moment. They are a tool, not an accountant's statement, and we are not liable for decisions based only on them.
• 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 notices and review invitations, in your name and with the details you entered. You are responsible for content you add and for contact details being correct.

Text messages and the TCPA

• Before Avana sends any text message to a client on your behalf, you must have that client's consent as required by the Telephone Consumer Protection Act (TCPA) and state laws. A client who gives you their cell phone number for an appointment and agrees to receive texts about it has generally given consent for appointment texts. Marketing texts require the client's prior express written consent.
• You are responsible for having that consent for every number Avana texts on your behalf, including clients you add yourself or import, and for keeping a record of it.
• Every text identifies your business and tells the recipient how to opt out, for example by replying STOP. You honor every opt-out and do not text that number again unless the person opts back in.
• Texts are subject to carrier rules and the CTIA Messaging Principles. You do not send texts about prohibited content, such as cannabis, firearms, high-risk financial services or anything unlawful.

Email and CAN-SPAM

• Marketing emails you send through Avana must comply with the CAN-SPAM Act: honest subject lines and sender details, your business's valid physical postal address, and a working unsubscribe link. You honor unsubscribe requests within 10 business days.

Your responsibility

• You are the sender of marketing messages. You do not message bought or scraped lists, or send messages unrelated to your own business.
• We may limit or block sending in case of complaints, many opt-outs or errors, suspected abuse, or when a carrier, supplier or regulator asks us to.
• We cannot guarantee delivery of any email, text or push notification.
• You indemnify us against fines and claims, including TCPA claims, arising from messages sent on your behalf to people you did not have the required consent to contact.

We may send you service messages, such as notices about payments, outages, security and changes to these terms. 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, and use a Display with a QR code in your salon. You use them unchanged, without getting around, copying or rebranding the technology.
• If you connect your own domain, you handle the settings at your provider. We cannot guarantee every setup works.
• A domain name registered or renewed through Avana is bought from a registrar whose rules also apply. It runs for the chosen term, is paid in advance and is non-refundable. It only renews if the payment succeeds, and if it expires we cannot always restore it.
• When your subscription ends, the link to your booking page stops working. On request we help transfer a domain registered through us, as far as the registrar allows and nothing is outstanding.
• The Display and widget may show a reference to Avana; on plans that include it, you can match them to your branding.

• You get a public booking page and choose whether it is public, link-only or not public. If it is public, we may show it in listings on Avana, let search engines index it, and share your business details and services (name, address, phone number, services with price and duration, and your booking link) with search engines, map services and booking channels such as Google Search and Google Maps. We share no client data, and you can switch channels off in your settings.
• 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.
• Clients can leave reviews after a visit. You do not write, buy or incentivize fake reviews, you disclose any incentive, and you do not suppress genuine reviews. The FTC's rule on consumer reviews and testimonials bans fake and suppressed reviews.
• We may remove or hide a review that is unlawful, offensive or not based on a real visit, but we are not obligated 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.

• If you import data from another system, you remain responsible for it being correct, for your right to use it, and for your basis to contact the people in it. Check the result after an import.
• You can export your client and booking data, invoices and reports while your account is active. Do so 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 de-identify it, except what we must keep by law.
• If you delete a client, their personal information is de-identified. Data tied to an invoice or payment stays as far as the law requires.
• We make backups to limit data loss, for our own use. We cannot guarantee that data you delete yourself can be recovered.

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

The content you add, such as texts, images, your logo and course videos, stays yours. You confirm you have the rights to it and that it does not infringe anyone's rights or break the law. You give us a license to host, copy and display it as far as needed to provide the service. We may remove content that breaks these terms or the law. If you believe content on Avana infringes your copyright, email support-nl@getavana.com with the details the Digital Millennium Copyright Act requires.

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

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

You will defend, indemnify and hold harmless Avana and its staff against third-party claims, and the resulting losses and costs, including reasonable attorneys' fees, arising from your use of the service, including claims from clients about a service, product, gift card or credit, claims about messages sent on your behalf or content you posted, and claims from regulators about data you are responsible for. We tell you promptly about such a claim and cooperate with your defense.

This section is our data processing addendum. It applies automatically when you accept these terms. If you would like a signed copy, email support-nl@getavana.com. Where it conflicts with the rest of these terms, this section controls for personal information we process on your behalf.

Our role

For the personal information of your clients and staff that you keep in Avana ("Client Data"), you are the business (or controller) and we are your service provider (or processor) under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA) and other US state privacy laws that apply. We process Client Data to provide Avana as described in these terms, which is the business purpose. For your own account details as our customer, we act for ourselves under our privacy policy.

What we will not do

• We will not sell or share Client Data, as "sell" and "share" are defined in the CCPA.
• We will not retain, use or disclose Client Data for any purpose other than providing Avana to you, including for any commercial purpose of our own, or outside our direct business relationship with you, except as the CCPA and other applicable laws permit a service provider to do (for example to detect security incidents, prevent fraud, or comply with the law).
• We will not combine Client Data with personal information we receive from or on behalf of others, or collect ourselves, except as the law permits.
• We will not use Client Data to contact your clients for our own marketing, for advertising, or to show them to other businesses on Avana.

What we will do

• Comply with the CCPA and other applicable state privacy laws, and give Client Data the level of privacy protection they require.
• Notify you if we determine that we can no longer meet our obligations under those laws. You may then take reasonable and appropriate steps to stop and remedy unauthorized use of Client Data.
• Process Client Data only on your documented instructions. These terms, your settings and your actions in Avana are your instructions.
• Make sure everyone who processes Client Data is bound by a duty of confidentiality.
• Use reasonable security measures appropriate to the nature of the data, including encryption in transit, access control, logging of admin actions and backups.
• Help you respond to consumer requests to know, access, correct or delete personal information, and to opt out, mostly through the tools in Avana, and help you with data protection assessments where the law requires them.
• Notify you without undue delay after we become aware of a security breach affecting Client Data, so you can meet any breach notification duties under state law.
• Make available the information you reasonably need to show we meet this section, and allow a reasonable assessment once a year by an independent assessor bound by confidentiality, at your cost.
• At the end of your subscription, delete or return Client Data as described under Moving, exporting and keeping your data, unless the law requires us to keep it.

Subcontractors

We use subcontractors (sub-processors) for hosting, payments, sending email and text messages, storing video and AI-assisted replies. The current list is in our privacy policy. Each is bound by a written contract with obligations at least as protective as this section. We tell you by email before adding or replacing one that handles Client Data; if you have a reasonable objection, tell us within 14 days and we will look for a solution, or you can cancel before the change takes effect.

Where data is processed

We are based in the Netherlands. Client Data is stored mainly in the European Economic Area, and some subcontractors process it in the United States. By using Avana, you agree to this.

Your part

You decide what Client Data you collect and why, give your clients any notice the law requires (for example a notice at collection and a privacy policy), and honor their requests. If you collect sensitive information, such as health information in intake or health questions, you get any consent the law requires and limit its use to what is necessary. Avana is not designed to be a HIPAA business associate, and you must not use it to store protected health information if you are a covered entity under HIPAA.

To provide Avana we work with suppliers, for example for hosting, payments, sending email and texts, storing video, AI-assisted replies and calendar integrations. The list of those that process Client Data is in our privacy policy. We may change suppliers. If you connect a third-party service yourself, that party's terms also apply, and what happens in that system is outside our responsibility.

We do our best to keep Avana stable, secure and available, and support is available through the help icon in your dashboard and by email. We announce major planned maintenance in advance where we can.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AVANA IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AVANA WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY MESSAGE WILL BE DELIVERED, OR THAT AVANA WILL PRODUCE ANY PARTICULAR RESULT. TRIAL AND BETA FEATURES ARE PROVIDED WITHOUT ANY COMMITMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, AVANA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BOOKINGS, CLIENTS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO AVANA OR THESE TERMS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AVANA OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS ($100).

This applies in particular to loss caused by outages, software errors, maintenance, data or settings entered incorrectly, misuse of login details, messages not delivered, deletion of data after your subscription ends, a suspension or termination under these terms, and the acts of suppliers, your clients or your team. These limits are an essential part of the bargain: our no-commission pricing depends on them. They do not apply to liability that cannot be limited by law, such as liability for fraud, gross negligence or willful misconduct where the law does not allow it to be limited.

You must bring any claim within one year after it arises, unless the law requires a longer period.

Avana is meant for normal business use by one business. You do not overload the service, automate requests outside our integrations, scrape data that is not yours, or try to get around, copy or break the technology or its security.

We may suspend or terminate your account, or parts of it, immediately if necessary, in case of: nonpayment after a reminder; a serious or repeated breach of these terms; services not allowed under these terms; suspected fraud, money laundering or other crime; technical misuse, or a request from a supplier, payment provider, carrier, app store, regulator or court; or behavior 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 fix it. What you owe for the current period remains due, and we are not liable for bookings or revenue you miss because of a suspension or termination you caused.

You can end this agreement at any time by canceling your subscription.

We may add, change or remove features, as long as the core of your plan stays the same. We announce material changes to these terms at least 30 days in advance by email and on this page; if you do not agree, you can cancel before they take effect. If you keep using Avana after that date, the new terms apply. Changes required by law or by a regulator, carrier or court may take effect sooner.

Neither of us is liable for failing to perform because of events beyond our reasonable control, such as failures of the internet, power or telecommunications, attacks on infrastructure, supplier outages, fire, flood, pandemic, war, terrorism, sanctions or government action.

We may assign this agreement to an affiliate or as part of a merger, acquisition or sale of our business, and will tell you if we do. You may only assign it with our prior written consent. If a provision is held unenforceable, it is enforced to the maximum extent possible and the rest stays in effect. These terms, our privacy policy and any extra terms for a specific feature are the entire agreement between you and us. A waiver is only valid in writing. There are no third-party beneficiaries. You agree to receive notices from us electronically, by email and in your dashboard.

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 and do our best to solve it together. If that does not work, we each give the other 30 days to try to settle it informally before starting a lawsuit, except for requests for urgent relief.

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any lawsuit arising out of or relating to these terms or Avana will be brought exclusively in the state or federal courts located in Delaware, and both of us consent to their jurisdiction. Either of us may instead bring an individual claim in small claims court where the claim qualifies.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AVANA EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING OUT OF OR RELATING TO THESE TERMS OR AVANA.

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