Terms Of Services
Key Points Summary
Here's what you need to know about our Terms of Service in plain language:
  • You must be at least 18 years old to use our services
  • AI outputs are probabilistic and may not always be accurate – you are responsible for validating results
  • We don't provide professional advice (legal, medical, financial)
  • You own your content; we only use it to provide and improve our services
  • Use of our services must comply with our Acceptable Use Policy
  • Services are provided "as is" with no warranties
  • Our liability is limited to fees paid in the past 12 months
  • Either party can terminate services according to the terms
  • We may update these terms with notice to you
Definitions
To help you understand these Terms, here are the meanings of capitalized terms used throughout:
("Agreement") these Terms of Service, together with any Order Forms, SOWs, and other documents incorporated by reference. ("AIVARA," "we," "us," or "our") AIVARA Corp., a company registered in Alberta, Canada, operating at aivara.com. ("Services") all services, software, platforms, APIs, and features offered by AIVARA, including AI solutions, data analytics, and professional services. ("User," "you," or "your") any individual or entity that accesses or uses the Services. ("User Content") any data, information, or materials that you upload, submit, or provide to the Services. ("AI Output") any result, content, prediction, recommendation, or analysis generated by our AI systems in response to User Content or queries. ("Order Form") the ordering documents that specify the Services you have purchased, including pricing and subscription terms. ("SOW") statement of Work - a document detailing the professional services to be performed, deliverables, timelines, and other project-specific terms.
1. Acceptance of Terms
Thank you for choosing AIVARA Corp. ("AIVARA," "we," "us," or "our"). By accessing or using our website at aivara.com or any of our services, you agree to be bound by these Terms of Service and all documents incorporated by reference, including our Privacy Policy and Data Processing Addendum (collectively, the "Agreement").
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement. If you do not agree with these Terms, you must not access or use our Services.
1.1 Updates to Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice through our Services or by other means. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services before the changes take effect.

For French Users / Pour les utilisateurs francophones
Une version résumée en français de chaque section est disponible sur demande en contactant support@aivara.ca.
2. Eligibility & Account Registration
2.1 Age Requirements
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.
2.2 Account Creation
To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate or incomplete.
3. Services Description
AIVARA provides a range of services designed to leverage artificial intelligence and data analytics to help individuals, businesses, and government entities make better decisions and automate processes. Our services may include, but are not limited to:
  • AI Solutions: Chatbots, recommendation systems, and automation tools powered by artificial intelligence.
  • Data Analytics: Processing and analysis of data to extract insights and support decision-making.
  • Custom Software: Bespoke software development tailored to specific business needs.
  • Platforms & APIs Access to our technology through web platforms and application programming interfaces.
3.1 Service Categories
Our Services may be provided in different forms, including:
  • Platform/SaaS: Access to our software as a service through web interfaces or APIs
  • Professional Services: Custom development, training, consulting, and implementation services
  • Beta/Experimental Features: Early access to new capabilities, provided with limited warranties
The specific services, features, and terms applicable to your use will be detailed in your Order Form or Statement of Work (SOW).
4. Use of AI & Outputs
4.1 Nature of AI Results
Our AI services produce outputs that are probabilistic in nature. While we strive for accuracy and reliability, AI outputs may contain errors, inaccuracies, or inappropriate content. You must review and validate all AI outputs before relying on them for any purpose.
4.2 No Professional Advice
Our Services do not provide professional legal, medical, financial, or other specialized advice. Do not use our AI outputs as a substitute for professional services that require licensed practitioners.
4.3 User Responsibility
You are solely responsible for:
  • The prompts, queries, and inputs you provide to our AI systems
  • How you use and apply AI outputs in your activities
  • Ensuring your use of our Services complies with applicable laws and regulations
  • Implementing appropriate safeguards when deploying AI outputs in sensitive contexts
4.4 Prohibited Uses
You must not use our Services to:

Generate Harmful Content
Including but not limited to content that is unlawful, defamatory, fraudulent, discriminatory, or promotes violence.
Violate Privacy
Process personal data without proper consent or legal basis, in violation of PIPEDA or other applicable privacy laws.
Infringe IP Rights
Generate content that infringes copyrights, trademarks, or other intellectual property rights of third parties.
Create Deceptive Materials
Produce deepfakes or other synthetic media intended to deceive or mislead others.
4.5 Model and Dataset Limitations
Our AI systems have inherent limitations based on their training data and design. We may use third-party models or open-source components in our Services. We make no representations about the completeness, currency, or accuracy of the datasets used to train our models.
5. User Content & Data
5.1 Ownership
You retain all rights, title, and interest in and to your User Content. By using our Services, you grant AIVARA a limited license to access, use, process, copy, distribute, and display your User Content solely as necessary to provide and maintain the Services.
5.2 Data Protection
When processing personal information, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable data protection laws. You are responsible for:
  • Ensuring you have the right to share any personal information with us
  • Obtaining all necessary consents from data subjects
  • Complying with all applicable privacy and data protection requirements
5.3 Sensitive Data Restrictions
You should not submit sensitive personal information (such as health data, financial information, or government identifiers) to our Services unless specifically authorized in your Order Form or SOW. If processing of sensitive data is required, additional safeguards and terms may apply.
5.4 Data Retention and Deletion
We will retain your User Content for as long as necessary to provide the Services and as required by law. Upon termination of your account, we will delete or anonymize your User Content within 90 days, unless legally prohibited from doing so. You may request earlier deletion by contacting support@aivara.ca.
6. Data Protection, Privacy & Security
6.1 Privacy Policy
Our Privacy Policy explains how we collect, use, and share your information. By using our Services, you acknowledge and agree to our Privacy Policy.
6.2 Security Measures
We implement reasonable administrative, technical, and physical safeguards designed to protect your User Content. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.
6.3 Data Incidents
In the event of a security breach affecting your data, we will notify you in accordance with applicable law, typically within 72 hours of discovery. We will provide information about the breach, mitigation measures taken, and steps you can take to protect yourself.
7. Acceptable Use Policy (AUP)
In addition to the prohibited uses outlined in Section 4.4, you agree not to:
  • Use the Services to distribute malware or other harmful code
  • Scrape or crawl our Services beyond what is allowed by our robots.txt file
  • Engage in excessive usage that could degrade service for other users
  • Attempt to bypass usage limitations or monitoring
  • Reverse engineer our Services except as permitted by law
  • Send spam or unsolicited communications using our Services
  • Violate export controls or sanctions laws
  • Impersonate others or provide false information
Violations of this AUP may result in suspension or termination of your account, and may trigger legal action or involvement of law enforcement authorities.
8. Intellectual Property
8.1 AIVARA IP
All intellectual property rights in the Services, including software, algorithms, models, designs, and branding, are owned by AIVARA or its licensors. This Agreement does not grant you any rights to such intellectual property except for the limited license to use the Services as permitted under this Agreement.
8.2 Feedback
If you provide suggestions, ideas, or feedback about our Services ("Feedback"), you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, modify, distribute, and otherwise exploit such Feedback for any purpose without compensation.
9. Professional Services & Deliverables
9.1 Statements of Work
Professional Services will be provided as described in a Statement of Work (SOW). In case of conflict between these Terms and an SOW, the SOW will control with respect to the specific Professional Services described therein.
9.2 Acceptance Criteria
Deliverables created through Professional Services will be subject to the acceptance criteria and process specified in the applicable SOW. Unless otherwise stated in the SOW, deliverables will be deemed accepted if not rejected in writing within 10 business days of delivery.
9.3 Ownership of Deliverables
Unless otherwise specified in the SOW, deliverables created by AIVARA as part of Professional Services are licensed to you on a non-exclusive, non-transferable basis for your internal business use. AIVARA retains ownership of all intellectual property rights in such deliverables, including pre-existing materials, tools, and methodologies.
10. APIs & Developer Terms
10.1 API Usage
If you use our APIs, you must:
  • Secure and protect any API keys or credentials
  • Comply with any rate limits or usage restrictions
  • Include attribution to AIVARA when displaying API outputs publicly
  • Implement reasonable security measures in your applications
10.2 API Changes
We may modify, update, or discontinue APIs at any time. While we strive to maintain backwards compatibility, we provide no guarantee of API stability. For critical systems, we recommend implementing appropriate fallback mechanisms.
11. Marketing & Publicity
11.1 Customer References
Unless you opt out by emailing support@aivara.ca, you grant us permission to use your name and logo as a customer reference in our marketing materials, website, and customer lists.
11.2 Government Clients
For government entities, we will not use your name or logo without your prior written consent.
12. Fees, Billing & Taxes
12.1 Pricing
Fees for the Services are specified in your Order Form or SOW. All fees are quoted in Canadian Dollars (CAD) unless otherwise stated.
12.2 Subscriptions
Subscription Services will automatically renew for additional periods equal to the expiring term unless either party gives notice of non-renewal at least 30 days before the end of the current term.
12.3 Payment
Invoices are due within 30 days of the invoice date. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
12.4 Taxes
Fees do not include taxes, which will be charged separately where applicable. If you are tax-exempt, you must provide a valid tax exemption certificate.
12.5 Refunds
Our refund policy varies by service type:
  • Subscription Services: No refunds for partial subscription periods
  • Professional Services: As specified in the applicable SOW
  • One-time Purchases: May be eligible for refund within 14 days if service is demonstrably defective.
13. Third-Party Services & Links
Our Services may integrate with or contain links to third-party services, applications, or websites. We are not responsible for any content, privacy practices, or availability of such third-party offerings. Your use of third-party services is subject to their respective terms and privacy policies.
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