Terms and Conditions

AVVA, LLC (hereafter “AVVA POS” or the “Company”) Terms and Conditions

Please review the entire document to fully understand the Terms of Use.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

The AVVA POS Solution (hereafter “Solution”) may consists a one of a combination of Cloud Hosted and Local Software, Hardware, AVVA POS or third-party Hosted Services, Local or Cloud Servers, Remote and/or Onsite Professional Development, and Implementation Services.

If you accept this agreement on behalf of a Company or other Legal Entity, you represent that you are Authorized to bind this company to these terms and conditions, in which case the terms “you” or “your” shall refer to this Company. If you do not have such Authority, or if you do not agree with the Terms and Conditions included herein, you must not proceed to use the AVVA POS Solution. You can decline the agreement and must cease to access any portion of the AVVA POS Solution.

Furthermore, you represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the AVVA POS Solution and that your billing information you provided is correct.

Changes to the Agreement

AVVA POS reserves the right to amend the Agreement and its prices in its sole and absolute discretion. Modifications or amendments made shall benefit the Customers and preserve the ability of AVVA POS to remain competitive. By Accepting the Agreement, you agree to abide by all amendments or modifications that AVVA POS elects to make. Amendments shall be effective immediately after the publication of notice that the Agreement has been modified. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals, or (4) special mailings. The continuation of the use of the POS system constitutes acceptance of any and all amendments.

Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of AVVA POS to exercise any right or power under the Agreement or to insist upon strict compliance by a customer/user with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of AVVA POS’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action by a customer/user against AVVA POS shall not constitute a defense to AVVA POS’s enforcement of any term or provision of the Agreement.

Privacy Policies

AVVA POS’s privacy and security policies may be viewed upon request. AVVA POS reserves the right to modify its privacy and security policies in its sole and absolute discretion as the need arises. Due to the fact that AVVA POS Solution is an internet-based online application, AVVA POS may need to distribute important notices or announcements regarding its operation. If you are using the system, whether for free or for a subscription fee, you agree that AVVA POS can disclose the fact that you are a registered customer.

License & Restrictions

AVVA POS hereby extends to you a non-exclusive, non-transferable, worldwide right to use the Solution, solely for your own domestic and internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved solely by AVVA POS. If you are a direct competitor of AVVA POS or employed or contracted by a direct competitor, you may not register to and access our Platform, except with the prior written consent of AVVA POS. In addition, you may not access the Solution for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Solution or any of the AVVA POS content in any way. You shall also not create Internet “links” to AVVA POS ’s plans or “frame” or “mirror” any content on any other server or wireless or Internet-based device. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function. You may use the AVVA POS Solution only for your domestic and internal business purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or that violate third-party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Solution or the data contained therein, or attempt to gain unauthorized access to the Solution or its related systems or networks. The AVVA POS name and the AVVA POS logo are trademarks that exclusively belong to AVVA POS.

Adherence to Laws and Ordinances

Customers/users shall comply with all applicable federal, foreign, state and local laws, treaties and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. Customers/users must obey those laws that do apply to them. If a city or county official tells a customer/user that a certain ordinance applies to him or her, they are to cooperate fully and immediately.

Duties and Responsibilities

You are responsible for all activity occurring under your use of the Solution/user accounts. You are to report to AVVA POS immediately any unauthorized use of any password or account or any other known or suspected breach of security. You are to use reasonable efforts to immediately stop any duplication or distribution of AVVA POS content that is known or suspected by you or your users. You will also not falsely identify yourself to gain access to or use the AVVA POS Solution.

User Content

AVVA POS does not own any of the data, information or material (“Business Owner Data”) that you submit to the Solution in the course of using AVVA POS. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership, or right to use of all Business Owner Data, and AVVA POS shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Business Owner Data. In the event that User is terminated for any reason, all Business Owner Data will be lost. AVVA POS reserves the right to withhold, remove and/or discard Business Owner Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Business Owner Data immediately ceases, and AVVA POS shall have no obligation to maintain or forward any Business Owner Data.

Intellectual Property Rights

You acknowledge that AVVA POS alone (and its licensors, where applicable) shall own all rights, title and interest, including without limitation all related Intellectual Property Rights, in the Solution, the AVVA POS website, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the AVVA POS. Accordingly, you agree that you shall not copy, reproduce, alter, modify, or create derivative works from the Platform. You also agree that you will not use any automated or manual process to monitor or copy any content from the AVVA POS Solution. In particular, you shall not reverse engineer or access the Solution in order to build a competitive product or service or to build a product using ideas, features, functions or graphics of the AVVA POS Solution.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to AVVA POS Solution, the AVVA POS website or the Intellectual Property Rights owned by AVVA POS.

Third Party Interactions and Links to Other Sites

While using the Solution, you may enter into correspondence with, purchase and sell goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the AVVA POS Solution. Any such activity and any terms, conditions, warranties, or representations associated with such, shall be solely between you and the applicable third party. AVVA POS and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third-party. AVVA POS does not endorse any sites on the Internet that are linked through the Solution. AVVA POS provides these links to you only as a matter of convenience, and in no event shall AVVA POS or its licensors be responsible for any content, products, or other materials on or available from such sites. AVVA POS provides the Platform to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

Term

This Agreement commences on the date the equipment is shipped and renews monthly until terminated by you or AVVA POS. The initial monthly fee for the plan you selected is due and payable when you confirm the sale. The term is indefinite and may be terminated at any time at AVVA POS’s sole discretion. Either party may terminate this Agreement or make plan changes.

Charges and Billing

You shall pay all fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made monthly in advance. All subscription obligations and payments are non-cancelable and nonrefundable. AVVA POS will automatically renew and charge your credit card or initiate an ACH withdrawal from your bank account on file monthly or according to agreed upon schedule. The renewal charge will be equal to the agreed plan that you are enrolled in. Changes to the fees associated with your plan will be reflected on AVVA POS website, or invoices, quotes, website. AVVA POS will add to the published service fees applicable taxes, levies, or duties imposed by the appropriate authorities.

You agree to provide AVVA POS with complete and accurate billing and contact information. This information is to remain current at all times. AVVA POS reserves the right to terminate your access to the AVVA POS Platform, in addition to any other legal remedies, if the contact information you have provided is false or fraudulent.

Termination or Suspension for Non-Payment

AVVA POS reserves the right to suspend or terminate this Agreement and your access to your Platform if your account becomes delinquent. You will continue to be charged for your plan subscriptions during any period of suspension. You agree and acknowledge that AVVA POS has no obligation to retain Business Owner Data and that such Business Owner Data may be irretrievably deleted if your delinquent account is not cured within 30 days.

Termination for Cause

Any breach of your payment obligations or unauthorized use of the AVVA POS Solution will be deemed a material breach of this Agreement. AVVA POS in its sole discretion may terminate your password, account or use of the Solution if you breach or otherwise fail to comply with this Agreement. In addition, AVVA POS may terminate a free account at any time in its sole discretion. You agree and acknowledge that AVVA POS has no obligation to retain the Business Owner Data, and may delete such Business Owner Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of such breach.

Indemnification

You agree to hold harmless and indemnify AVVA POS and its subsidiaries, affiliates, officers, agents, vendors and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.

Confidentiality and Non-Disparagement

In the event that AVVA POS terminates your use of the Solution or you elect to cancel service, as per the terms and conditions of this agreement you are to maintain in strict confidence the reasons for which the service was ended, except as may be required by law. Furthermore, you agree not to disparage AVVA POS or any of its officers, directors or employees by any means including but not limited to blogs, posts on social media, emails, industry websites, or general publications. For purposes of this agreement and section, “disparage” shall mean any negative statement, whether written or oral, about AVVA POS or any of its officers, directors, or employees. You agree and acknowledge that this non-disparagement provision is a material term of this agreement.

Notice

AVVA POS may give notice by means of electronic mail to your e-mail address on record or by written communication sent by first-class mail to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail) or 12 hours after sending (if sent by email). You may give notice to AVVA POS via email through such a facility provided on the AVVA POS website.

Internet Disclaimer

AVVA POS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AVVA POS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. YOU ARE RESPONSIBLE FOR PROCURING AND MAINTAINING THE APPROPRIATE INTERNET SERVICES REQUIRED FOR YOUR USE OF THE SOLUTION.

Warranty Disclaimer

POS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY CONTENT. AVVA POS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT USE OF THE SOLUTION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT THE SOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS WHETHER OR NOT EXPRESSED, OR THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SOFTWARE HARDWARE AND SUBSCRIPTION SERVICE OBTAINED BY YOU THROUGH AVVA POS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SOLUTION OR THE SERVER(S) THAT MAKE THE SOLUTION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AVVA POS AND ITS LICENSORS.

Liability Limitation

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE MONTH’S PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PLATFORM, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law, Arbitration, Jurisdiction and Venue

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, USA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

YOU AGREE TO WAIVE ALL RIGHTS TO TRIAL BY JURY. PRIOR TO INSTITUTING ARBITRATION, THE PARTIES SHALL MEET IN GOOD FAITH AND ATTEMPT TO RESOLVE ANY DISPUTE ARISING FROM OR RELATED TO THE AGREEMENT THROUGH NON-BINDING MEDIATION.

IF MEDIATION IS UNSUCCESSFUL, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. EACH PARTY TO THE ARBITRATION SHALL BE RESPONSIBLE FOR ITS OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING LEGAL AND FILING FEES. ARBITRATION SHALL RESIDE EXCLUSIVELY IN COBB COUNTY, STATE OF GEORGIA, MARIETTA, USA OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGE IN ATLANTA, GEORGIA AND YOU HEREBY WAIVE ANY JURISDICTION, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

IN THE EVENT THAT YOU BRING ANY CLAIMS ARISING OUT OF, RELATING TO OR CONCERNING THESE TERMS & CONDITIONS NOT SUBJECT TO ARBITRATION SHALL RESIDE EXCLUSIVELY IN COBB COUNTY, STATE OF GEORGIA, MARIETTA, USA OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGE IN ATLANTA, GEORGIAND YOU HEREBY WAIVE ANY JURISDICTION, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

REFUND POLICY

ACCEPTANCE, GOVERNING PROVISIONS AND CANCELLATIONS

No order of any AVVA POS (hereafter “POS ” or the “Company”) services shall be binding upon AVVA POS, its subsidiaries, affiliates, officers, agents, and employees until accepted in writing by an authorized representative of the Company or by shipment or other performance of such order. Any such order shall be subject to this Refund Policy, Sales Terms and Conditions Agreement and other policies reflected on our site. The purchaser agrees to be bound by the terms of this document and all aforementioned.

No order accepted by POS may be altered or modified by the purchaser unless agreed to in writing by an authorized representative of the Company. No such order may be canceled or terminated except upon payment of the Company’s loss, damage or expense arising from such cancellation or termination.

No modified or other conditions will be recognized by AVVA POS unless specifically agreed to in writing. Failure of the Company to object to provisions contained in any purchase order or other communication from purchaser (including without limitation, penalty clauses of any kind) shall not be construed as a waiver of these Conditions nor an acceptance of any such provisions.

Any contract for sale and these Conditions shall be governed by and construed in according with the laws of the State of Georgia, USA without regard to conflict of law principles. All references to dollars in these conditions of any and all sales shall mean U.S. dollars.

No contracts for services purchased on the website are binding until explicitly accepted by the Company. This can take up to THREE Business days.

LIMITATION OF LIABILITY

Anything to the contrary herein contained notwithstanding, the Company, its contractors and suppliers of any tier shall not be liable in contract, in tort (including negligence or strict liability) or otherwise for any special, indirect, incidental or consequential damages whatsoever. The remedies of the purchaser set forth herein are exclusive where so stated and the total cumulative liability as stated above shall not exceed the price of the product or part on which such liability is based.

REFUNDS

We do not offer refunds on any Professional Service, MSP, Maintenance, Software Development Time, Software As a Service Fees, Hosting fees, or subscription fees.

LEASED EQUIPMENT

Ownership: All equipment provided under this agreement is leased and remains the sole property of AVVA POS. The lessee (Customer) obtains no ownership rights, title, or interest in the equipment, except for the rights explicitly granted herein for the lease duration.

Use and Maintenance:

The equipment must be used solely for the purposes intended and in compliance with all applicable laws and regulations.
The lessee is responsible for ensuring the equipment is used, handled, and stored properly to prevent damage or loss. Any repair or replacement costs due to negligence, misuse, or improper handling will be the lessee’s responsibility.
Routine maintenance required to keep the equipment in good working condition will be provided by the lessor, unless otherwise specified in this agreement.

Term and Termination:

The lease term begins on the date the equipment is delivered and continues until terminated by either party, as specified in this agreement.
Upon termination, the lessee must return all leased equipment in its original condition, subject to reasonable wear and tear, within seven days. Failure to return the equipment within this period may result in additional charges.

Liability and Insurance:

The lessee assumes all liability for damage to or loss of the equipment during the lease term, excluding damage resulting from normal wear and tear or acts of the lessor.
The lessee agrees to maintain adequate insurance coverage to cover potential damage, loss, or theft of the leased equipment, naming the lessor as an additional insured party.

Payments:

The lessee agrees to pay a monthly leasing fee as specified in this agreement and included in the total monthly fees. Payment must be made on or before the due date to avoid late fees or penalties.
Failure to pay leasing fees may result in the suspension of services, repossession of equipment, or termination of this agreement.

Upgrades and Replacement: The lessor reserves the right to upgrade or replace the leased equipment with equivalent or superior equipment at its sole discretion. Any upgrades or replacements will be subject to the terms of this agreement.

Indemnification: The lessee agrees to indemnify and hold harmless the lessor against any claims, damages, or liabilities arising from the use, operation, or maintenance of the leased equipment, except where such claims result from the lessor’s negligence or intentional misconduct.

Default:

Failure to comply with any term of this agreement constitutes default. In the event of default, the lessor may terminate this agreement, repossess the equipment, and pursue any remedies available under applicable law.
The lessee will bear any costs associated with repossession or legal action resulting from default.