Terms & Conditions

Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the services provided by Aivara Solutions (“Aivara Solutions,” “we,” “us,” or “our”). By engaging our Services, accessing our website, or providing your information, you agree to be bound by these Terms. If you do not agree, do not use our Services.

Description of Services

Aivara Solutions provides services that may include website design and development, booking systems, automation services, SMS/email notifications, marketing and promotions, social media and content services, business consulting, client portals and dashboards, payment/booking notification systems, and property, travel, event, and hospitality-related digital services (collectively, the “Services”). The specific scope of any engagement will be described in a proposal, statement of work, or similar agreement.

Client Responsibilities

Clients are responsible for providing accurate information, timely feedback, required content and materials, and any necessary access or approvals. Clients are responsible for ensuring they have the rights to any materials they provide and for compliance with all laws applicable to their business and end customers.

Payment Terms

Fees, deposits, and payment schedules will be set out in the applicable proposal or invoice. Payments are due as specified, and late or unpaid amounts may result in suspension or termination of Services. Unless otherwise stated, fees are non-refundable once work has commenced.

Project Timelines and Scope

Estimated timelines are provided in good faith and may be affected by client responsiveness, change requests, and third-party dependencies. Work outside the agreed scope may require additional fees and revised timelines.

No Guarantee of Specific Marketing Results

We do not guarantee any specific marketing, advertising, ranking, traffic, revenue, or business results. Outcomes depend on many factors outside our control, including market conditions and third-party platforms.

Third-Party Platforms Disclaimer

Our Services may rely on or integrate with third-party platforms and providers (for example, hosting, payment processors, SMS/email providers, analytics, booking systems, and social media platforms). We are not responsible for the availability, performance, policies, or actions of these third parties, and your use of them may be subject to their own terms.

Website, Automation, Booking System, and Notification Service Limitations

Websites, automations, booking systems, and notification services are provided on an “as is” and “as available” basis. We do not warrant that they will be uninterrupted, error-free, or fully secure. Delivery of notifications (including SMS and email) depends on third-party carriers and providers and is not guaranteed.

SMS Terms and Conditions

By providing your mobile phone number to Aivara Solutions through our website, booking forms, client portals, quote forms, or during communication with our team, you agree to receive SMS messages from Aivara Solutions.

SMS messages may include booking updates, reservation notifications, service updates, payment notifications, account notifications, customer support messages, and other operational communications.

Message frequency may vary. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for assistance.

SMS consent is not required as a condition of purchase.

Aivara Solutions does not sell, rent, share, or disclose mobile phone numbers, SMS opt-in data, or SMS consent information to third parties or affiliates for marketing or promotional purposes.

Intellectual Property

Unless otherwise agreed in writing, Aivara Solutions retains ownership of its pre-existing materials, tools, and processes. Upon full payment, clients receive the rights to the final deliverables as described in the applicable agreement. Clients retain ownership of materials they provide.

Confidentiality

Each party agrees to keep the other party’s non-public information confidential and to use it only as necessary to perform under or benefit from the Services.

Limitation of Liability

To the maximum extent permitted by law, Aivara Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim arising out of or relating to the Services shall not exceed the amount paid by the client for the Services giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Aivara Solutions and its personnel from any claims, damages, liabilities, and expenses arising from your use of the Services, your content or materials, or your violation of these Terms or applicable law.

Termination

Either party may terminate an engagement as set out in the applicable agreement. We may suspend or terminate Services for non-payment or breach of these Terms. Upon termination, you remain responsible for amounts owed for work performed.

Changes to Terms

We may update these Terms from time to time. Changes are effective when posted on this page, and your continued use of the Services constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

Contact Us

If you have questions about these Terms, please contact us at kevin@aivarasolutions.com.