Availo - Terms and Conditions

1. About these Terms

These Terms and Conditions ("Terms") are a binding agreement between IE Demishev Kostiantyn Evhenovich, registered in Ukraine under code 3064805770, at Ukraine, Dnipro, Naberejnaya Peremogy 136A ("Availo", "we", "us"), and the business that creates an Availo account ("Customer", "you").

Availo is a business tool for service providers such as car detailing studios, beauty salons, barbershops and spas. It is sold only to businesses and self-employed professionals, not to consumers. Availo also runs a client app and directory where consumers find businesses, book and leave reviews (section 8); consumers use it as End Clients, not as Customers under these Terms.

You accept these Terms by creating an account, ticking the acceptance box, or using the Service. Under the Law of Ukraine "On Electronic Commerce", this acceptance forms an electronic contract with the same force as a signed one. If you accept on behalf of a company, you confirm you are authorised to bind it.

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

2. Definitions

3. Account registration

• You must be at least 18 and act for a business or as a self-employed professional.
• Registration details must be true and kept up to date, including your business name, tax details and billing email.
• You are responsible for everything done under your Account and for keeping passwords secure. Each User needs their own login; logins may not be shared.
• You decide which Users get access and what role they have. Tell us at info@impactful.agency straight away if you suspect unauthorised access.

4. The Service

Availo gives you tools to manage appointments, staff schedules, services, End Client records and online booking. The exact features available are described in the Service and on our website and may change over time (section 11).

Online booking. You can publish a booking page or widget where End Clients book your services. You set the services, prices, availability and cancellation rules shown there. Availo provides the technology: the service contract for any booking is between you and the End Client.

Client App and directory. Your business, its services, staff, availability and Reviews may be shown to End Clients in the Client App, alongside other businesses, and not only on your own booking page. You are responsible for keeping that information accurate and lawful. You can edit or hide it in your Account; we may remove a listing that breaches these Terms.

Beta features. Features marked "beta" or "preview" are provided as is, may change or be withdrawn, and are excluded from any service commitments.

5. Subscription and payment

Price. The Service is charged per Seat per month at the price on the Pricing Page (currently €5 per Seat). Every Seat includes the full product. Your monthly charge equals the number of Seats multiplied by the Seat price.

One subscription, one billing date. Each business has one subscription. Your first paid purchase sets the billing date, and all Seats renew together in one monthly payment.

Adding Seats. New Seats are available immediately. We do not charge at that moment; instead, the unused part of the current Billing Period is prorated by day and added to your next invoice.

Removing Seats. A reduction takes effect at the end of the current Billing Period. Seats already paid for are not refunded or credited.

Free trial. If we offer a free trial, its length and conditions are shown at sign-up ([TRIAL LENGTH]). When it ends, the subscription starts only if you add a payment method, unless the sign-up screen says otherwise.

Payment. Subscription payments are processed by WayForPay, or another payment provider we name. To add a card you complete a card verification with the provider, which gives us a token for recurring charges. You authorise us to charge that card automatically each Billing Period until you cancel or remove it. We do not store full card numbers; we keep only the card brand, the last four digits and the provider's token.

Taxes. Prices are shown as stated on the Pricing Page, either including or excluding VAT and other taxes. Where tax is not included, it is added at the applicable rate. EU business customers with a valid VAT number may be invoiced under the reverse-charge rules.

Failed payments. If a payment fails, we will notify you and retry. If it remains unpaid 14 days after the due date, we may suspend the Account until payment is made.

Price changes. We give at least 30 days' notice by email before a price change. The new price applies from your next Billing Period after that notice. If you disagree, you may cancel before it takes effect.

Refunds. Fees are non-refundable except where these Terms or mandatory law say otherwise.

6. Acceptable use

You must use the Service lawfully and make sure your Users do the same. You must not:

• upload unlawful, infringing, defamatory or harmful content, or malware;
• send spam or marketing to End Clients without the consent the law requires;
• collect End Client data you have no lawful basis to collect, or store special-category data (such as detailed health records) beyond what your service strictly needs;
• try to access other customers' accounts, probe or overload the Service, or bypass security or Seat limits;
• copy, resell, sublicense or reverse-engineer the Service, or use it to build a competing product;
• scrape the Service or access it by automated means other than our published APIs.

We may remove content or suspend access that breaches this section (see section 13).

7. Customer Data and data protection

Ownership. You own your Customer Data. You give us a limited licence to host, copy, process and display it only to provide, secure and support the Service.

Roles. For End Client data and User data you manage in your Account (such as appointments, contact details and notes), you are the controller ("owner of personal data" under the Law of Ukraine "On Personal Data Protection") and Availo is the processor ("manager"). For our own account, billing and website data, and for End Client accounts and Reviews in the Client App, Availo is the controller, as described in the Privacy Policy. Where a booking made in the Client App is shared with you, you become a controller of the booking data you receive.

Our commitments as processor. We will:

1. process Customer Data only on your documented instructions, which are these Terms and your use of the Service;
2. ensure staff with access are bound by confidentiality;
3. apply appropriate technical and organisational security measures;
4. use sub-processors only under written terms with equivalent protection, and give you notice of changes;
5. help you respond to data subject requests and meet your security and breach obligations;
6. notify you without undue delay, and within 48 hours where possible, after becoming aware of a personal data breach affecting your data;
7. delete or return Customer Data when the contract ends (section 13).

Your responsibilities. You must have a lawful basis and give End Clients any required notice for the data you collect, including through your booking page. You are responsible for the accuracy of your data and for answering End Clients' privacy requests.

International transfers. Customer Data may be processed outside Ukraine and the EEA by our hosting and service providers. Where GDPR applies, we rely on EU adequacy decisions or Standard Contractual Clauses.

GDPR. Where you are subject to the GDPR, this section is our data processing agreement under Article 28 GDPR. A signed DPA is available on request at info@impactful.agency.

8. End Clients and bookings

• You are solely responsible for the services you provide, their quality and safety, your prices, cancellations, no-shows, refunds and any disputes with End Clients.
• Availo operates the Client App as a directory and booking tool. It is not a party to bookings, does not provide or guarantee your services, and is not your agent or the End Client's agent.
• If you take End Client payments or deposits through a payment provider connected to Availo, that provider's terms apply and you are the merchant of record.
• End Clients who use your booking page do so under your terms. Their use of the booking page and the Client App is also subject to our Privacy Policy for the data we control.
• End Clients accept client terms when they create an Availo account, available at https://www.availo.services/client-terms.

Reviews.

• Only End Clients with a booking at your business may leave a Review about it. Reviews are the End Client's opinion, not Availo's.
• You may not write, buy or offer incentives for Reviews of your own business, or pressure End Clients to change or remove them.
• You may report a Review that breaches the law or our rules. We may remove or hide a Review that is unlawful, abusive, fake or off-topic, but we do not remove a Review only because it is negative.
• Reviews of a business may remain visible after the business closes its Account, without the End Client's name if they ask for it to be removed.

9. Intellectual property

Availo and its licensors own the Service, software, design, brand and documentation. We give you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes.

You keep all rights to your logo, content and Customer Data. You allow us to show your business name and logo on your booking page and, only with your consent, in our customer list.

If you send us feedback or ideas, we may use them freely without obligation to you.

10. Third-party services

The Service relies on or connects to third parties such as WayForPay (payments), Supabase (database, authentication and hosting), and analytics tools. Their terms and privacy policies govern your use of them. We are not responsible for third-party services we do not control, and we may change providers if needed to keep the Service running.

11. Availability, support and changes

• We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. We try to announce planned maintenance in advance and schedule it outside peak hours.
• Support is provided by email at info@impactful.agency on Ukrainian business days, and in-app where available.
• We may improve, change or remove features. If a change materially reduces core functionality you pay for, we will give 30 days' notice and you may cancel.
• We may update these Terms. Material changes are notified by email or in-app at least 30 days before they take effect; continued use after that date means you accept them.

12. Warranties, liability and indemnity

Disclaimer. Except as expressly stated in these Terms, the Service is provided "as is" and "as available". We do not warrant that it will be error-free or meet every business need.

Limitation. To the extent permitted by law, neither party is liable for indirect or consequential losses, lost profits, lost revenue or lost bookings. Our total liability for all claims in any 12 months is limited to the fees you paid us in that period.

Exceptions. These limits do not apply to liability that cannot be limited by law, including for intentional wrongdoing or gross negligence, or to your payment obligations.

Indemnity. You will compensate Availo for third-party claims, including from End Clients or authorities, arising from your services, your Customer Data or your breach of these Terms or the law.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including martial law, hostilities, air-raid alerts, power or internet outages, or acts of government. Such events may be confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine.

13. Term, suspension and termination

• These Terms apply from sign-up until your Account is closed. The subscription renews monthly until cancelled.
• You can cancel at any time in the Account settings. Cancellation takes effect at the end of the current Billing Period, with no refund for that period.
• We may suspend or terminate the Account for non-payment (section 5), serious or repeated breach of these Terms, or where required by law. Where practical, we give notice and a chance to fix the issue first. We may also end the Service for all customers with 60 days' notice.
• Your data after termination. You can export your data for 30 days after the Account closes. After that we delete Customer Data within 60 days, except backups rotated out on their normal cycle and data we must keep by law (for example, invoices).
• Sections 7, 9, 12 and 14 survive termination.

14. Governing law and general terms

Governing law. These Terms are governed by the laws of Ukraine. Disputes are first resolved by negotiation; if not settled within 30 days, they go to the competent commercial court of Ukraine at our registered address. Mandatory rights under the law of your country remain unaffected.

Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of the business, with notice to you.

Entire agreement. These Terms, the Privacy Policy and the Pricing Page are the whole agreement between us. If any clause is invalid, the rest remains in force. Not enforcing a right is not a waiver of it.

Language. These Terms may be published in Ukrainian and English. If they differ, the [Ukrainian / English] version prevails.

Notices. We send notices to your account email. You send notices to info@impactful.agency.

Contact. IE Demisehv Kostiantyn Evhenovych, Ukraine, Dnipro, Naberejna Peremogy 136A, info@impactful.agency, phone: +380980071171.