Terms & Conditions

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Last edited on

Jul 11, 2024

Terms and Conditions

1. Company Information:

  • Brandpeneur B.V.

    • KvK: 88576655

    • VAT No.: NL864700301B01

    • Address: Burgemeester Pabstlaan 10-B1, 2131 XE Hoofddorp, Netherlands

  • Sir Studio

    • KvK: 66927218

    • VAT No.: NL002388906B66

    • Address: Burgemeester Pabstlaan 10-B1, 2131 XE Hoofddorp, Netherlands

  • Customer Service Contact:

    • Email: info@getaiva.app

2. Service Description: AIVA is an AI virtual assistant for digital marketing, providing instant client communication and analytics from the Meta dashboard. It integrates with Slack and WhatsApp for 24/7 service, overcoming time zone issues, enhancing customer experience, and allowing agencies to focus on results rather than client management.

3. User Responsibilities and Prohibitions:

User Responsibilities:

  • Users must provide accurate and up-to-date information when using AIVA.

  • Users are required to maintain the confidentiality and security of their login credentials.

  • Users are responsible for all activities that occur under their account and must notify us immediately of any unauthorized use or security breach.

Prohibitions for Users:

  • Users are prohibited from using AIVA for any illegal activities.

  • Misuse of the service, including but not limited to spamming, hacking, or reverse-engineering AIVA, is strictly forbidden.

  • Attempting unauthorized access to AIVA or any related systems is prohibited.

  • Users found misusing the service will face immediate account suspension or termination.

4. Payment and Billing:

Pricing and Billing Cycle:

  • AIVA operates on a monthly recurring billing cycle.

  • Users are billed per seat, with one seat equating to one ad account.

Payment Methods:

  • Accepted payment methods include major credit cards, debit cards, and any other payment methods as specified during the signup process.

Billing Terms:

  • Billing occurs at the start of each monthly cycle for the upcoming month.

  • Users will receive an invoice detailing the number of seats and the total amount due.

Refunds and Cancellations:

  • Refunds are not provided for partial months or unused services.

  • Users may cancel their subscription at any time, but the service will remain active until the end of the current billing period.

  • To avoid being billed for the next month, users must cancel their subscription before the start of the next billing cycle.

  • For annual plans, there is a 7-day grace period where users can cancel and receive a full refund.

Additional Payment Information:

  • Users can upgrade or downgrade their seats at any time, ensuring they only pay for the seats they use.

  • Payments are handled by Lemonsqueezy, which supports a wide range of payment providers. For any specific payment method inquiries, users can contact info@getaiva.app.

  • AIVA offers a free plan for initial trials. Additional seats can be purchased as needed through the dashboard. Custom solutions can be discussed by contacting info@getaiva.app.

5. Privacy and Data Security:

Data Privacy:

  • AIVA is committed to ensuring the privacy and confidentiality of user data.

  • We do not sell, rent, or leverage your data in any way. All data collected is solely for the purpose of providing and improving our services.

Data Security:

  • User data is protected through end-to-end encryption, ensuring that data remains private and secure.

  • Even within our systems, we cannot access the data due to the encryption protocols in place.

Third-Party Involvement:

  • We do not involve third parties in the processing or storage of user data. All data handling is performed within the secure environment of our system.

6. Limitations of Liability:

Service Performance:

  • AIVA is provided on an "as-is" and "as-available" basis. While we strive to ensure the service operates smoothly, we do not guarantee that it will be uninterrupted, timely, secure, or error-free.

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use AIVA.

Data Handling:

  • Although we employ stringent security measures to protect user data, we are not liable for any data breaches or unauthorized access resulting from external malicious activities.

  • Users are responsible for maintaining the security of their login credentials and for any actions taken using their accounts.

Disclaimers:

  • We disclaim any warranties or representations regarding the reliability, availability, or suitability of AIVA for any particular purpose.

  • Our liability is limited to the maximum extent permitted by law, and in no event shall our cumulative liability exceed the amount paid by the user for the service in the twelve months preceding the claim.

7. Termination and Suspension:

Conditions for Termination or Suspension by Company:

  • We reserve the right to suspend or terminate a user's account if they are found to be in violation of the terms and conditions, including but not limited to misuse of the service or involvement in illegal activities.

  • Accounts may also be terminated or suspended if there is a failure to pay subscription fees or if fraudulent activities are detected.

  • In the event of termination or suspension, users will be notified via the registered email address with details and reasons for the action taken.

User-Initiated Termination:

  • Users can terminate their subscription at any time through the account settings on the AIVA dashboard.

  • Upon termination, access to the service will continue until the end of the current billing cycle. No refunds will be provided for partial months.

  • For annual plans, there is a 7-day grace period where users can cancel and receive a full refund.

8. Intellectual Property:

Rights:

  • All intellectual property rights in and to AIVA, including but not limited to software, algorithms, designs, logos, trademarks, and any related documentation, are owned by Brandpeneur B.V. and Sir Studio.

  • Users are granted a limited, non-exclusive, non-transferable license to use AIVA for their internal business purposes only.

Restrictions:

  • Users are prohibited from copying, modifying, distributing, selling, or leasing any part of AIVA or its software.

  • Users may not reverse engineer or attempt to extract the source code of AIVA, except to the extent that such activity is expressly permitted by applicable law.

  • Any use of AIVA's intellectual property outside the scope of these terms requires prior written consent from Brandpeneur B.V. and Sir Studio.