Terms & Conditions & Privacy Policy

Terms and ConditionsPrivacy Policy

Terms of Service

Effective Date: April 11, 2025

These Terms of Service ("Terms") govern your use of Avila web application ("App"). By accessing or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines or rules applicable to specific features or services provided within the App. These Terms constitute a legally binding agreement between you and Avila Technologies Inc. ("Avila," "we," "us," or "our").

2. Use of the App

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a contract to use the App. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Account Creation and Security

When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 User Responsibilities

You agree to use the App in a manner consistent with all applicable laws and regulations. You are solely responsible for any content you post, share, or transmit through the App and for any consequences arising from such actions.

2.4 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using the App:

  • Violating any applicable laws, regulations, or third-party rights.
  • Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, abusive, or otherwise objectionable.
  • Interfering with or disrupting the App's functionality or servers.
  • Attempting to gain unauthorized access to the App or other users' accounts.
  • Engaging in any activity that could harm the reputation or operation of the App.
  • Using automated systems or software to extract data from the App ("scraping").
  • Attempting to decompile, reverse engineer, or otherwise attempt to discover the source code of the App.

3. Intellectual Property

3.1 Ownership

All intellectual property rights, including copyrights, trademarks, and patents, associated with the App belong to Avila or its licensors. You agree not to use or reproduce any such intellectual property without obtaining prior written permission from Avila.

3.2 License Grant

Avila grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for its intended purpose, in accordance with these Terms.

3.3 User Content

You retain ownership of any content you submit to the App. By submitting content, you grant Avila a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and improving the App.

3.4 Feedback

If you provide suggestions, ideas, or feedback about the App, you grant Avila a non-exclusive, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

4. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

5. Third-Party Services

The App may integrate with or provide links to third-party services or websites. We are not responsible for the content, policies, or practices of any third-party services or websites. Your use of such services is at your own risk and subject to their respective terms and policies.

6. Limitation of Liability

6.1 Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED. AVILA DOES NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVILA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE APP, EVEN IF AVILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVILA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Indemnification

You agree to indemnify, defend, and hold harmless Avila and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your user content

8. Termination

Avila reserves the right to suspend or terminate your access to the App at any time and for any reason, without prior notice or liability. Upon termination, your right to use the App will immediately cease, and all provisions of these Terms that should by their nature survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

9. Modifications to Terms

Avila reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the App or through other communications. Your continued use of the App after such modifications constitutes your acceptance of the revised Terms.

10. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of California.

12. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at support@getavila.ai.

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Privacy Policy

Effective Date: April 11, 2025

This Privacy Policy describes how Avila Technologies Inc. ("Avila," "we," "us," or "our") collects, uses, and discloses your information when you use our Avila web application (the "Service").

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application refers to Avila, the software program provided by the Company.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Avila Technologies Inc.
  • Country refers to: California, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Application.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number (if provided)
  • Address, State, Province, ZIP/Postal code, City (if provided)
  • Organization information (if provided)
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track activity on our Service and store certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

We use the following types of cookies:

  • Essential Cookies: Required for the operation of our Service.
  • Analytical/Performance Cookies: Allow us to recognize and count the number of visitors and see how visitors move around our Service.
  • Functionality Cookies: Enable us to personalize content on our Service.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Data Processing with AI Services

To enhance the functionality of our Service, we utilize AI services from OpenAI and Anthropic Claude via AWS Bedrock. We process your data through these AI services to provide various features and capabilities within our application.

Important information about this processing:

  • Neither OpenAI nor Anthropic uses the data provided by our application to train their models or for any other purpose
  • Your data remains confidential and is only utilized to improve your experience with our application
  • Your consent to our privacy policy and use of our service includes consent for this data processing
  • We maintain strict data processing agreements with our AI service providers to ensure the protection of your information

Sharing of Your Personal Data

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You, or for other business purposes.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.
  • With legal authorities: When required by law or to respond to legal process, to protect our rights, or to protect the safety of others.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Specific retention periods:

  • Account information is retained for as long as your account remains active, plus an additional period to comply with legal obligations or resolve disputes.

After the retention period, we will securely delete or anonymize your Personal Data, unless we are required to retain it by law or for legitimate business purposes.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we may transfer your Personal Data to countries that have not been found by the European Commission to provide adequate protection. In such cases, we rely on appropriate safeguards such as Standard Contractual Clauses.

Your Privacy Rights

Depending on your location, you may have certain rights regarding your Personal Data:

  • Right to Access: You have the right to request access to the Personal Data we hold about you and receive a copy of it.
  • Right to Rectification: You have the right to request the correction of any inaccurate or incomplete Personal Data.
  • Right to Erasure: You have the right to request the deletion of your Personal Data under certain circumstances.
  • Right to Restrict Processing: You have the right to request the restriction of processing of your Personal Data under certain circumstances.
  • Right to Data Portability: You have the right to request a copy of your Personal Data in a structured, machine-readable format and transfer it to another controller.
  • Right to Object: You have the right to object to certain processing activities, such as direct marketing or processing based on legitimate interests. You also have the right to object to automated decision-making and profiling.

For California residents, you have additional rights under the California Consumer Privacy Act (CCPA), including:

  • The right to know what Personal Data we collect about you
  • The right to know whether your Personal Data is sold or disclosed and to whom
  • The right to opt out of the sale of your Personal Data
  • The right to non-discrimination for exercising your CCPA rights

To exercise your privacy rights or if you have any questions or concerns about the processing of your Personal Data, please contact us using the contact information provided at the end of this Privacy Policy.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Our security measures include:

  • Encryption of data in transit and at rest
  • Regular security assessments and audits
  • Employee training on data security practices
  • Access controls and authentication requirements
  • Incident response procedures

Children's Privacy

Our Service is not directed to anyone under the age of 16 ("Children"). We do not knowingly collect Personal Data from Children. If you are a parent or guardian and you become aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we will take steps to remove that information from our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: support@getavila.ai

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