Terms of Service for Avia Digital

Effective Date: June 17, 2026

Last Updated: June 17, 2026

These Terms of Service ("Terms") are a binding legal agreement between Owen Huang, an individual operating as a sole proprietorship under the registered trade name Avia Digital ("Avia Digital," "we," "us," or "our"), and you, the individual or entity using our Services ("you," "Client," or "your").

By purchasing, accessing, or using any of our Services — or by checking the agreement box at checkout — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: These Terms include a binding arbitration agreement and a class action waiver in Section 22. Please read them carefully.

1. Definitions

Account — your registered Avia Digital user account.
Client Content — text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Services.
Platform — the Avia Digital software-as-a-service platform, including the GoHighLevel-based environment we provide to you under our brand.
Services — the Platform, websites we build for you, business phone numbers, SMS/MMS messaging, voice, automations, marketing tools, CRM, review tools, and any other product or service we make available to you.
Subscription — your recurring payment arrangement for the Services.

2. Eligibility and Account

You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business to use the Services. You agree to provide accurate information when registering and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors, and any other authorized users.

3. Services

We provide marketing technology, websites, automation, and related services tailored for home service businesses. The exact features available to you depend on your Subscription plan. We may add, modify, or discontinue features from time to time. We will not materially reduce the core functionality of your Subscription without notice.

4. Subscription Plans and Pricing

We currently offer the following plan:

$297/month — built website infrastructure, access to the Avia Digital Platform (web and mobile app), a business phone number for texting and calling, CRM access, automations, remarketing tools, and customer review tools.

Subscriptions are available on a month-to-month basis. Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.

5. Billing, Auto-Renewal, and Payment

Advance billing. All Subscription fees are billed in advance of the service period.
Auto-renewal. Your Subscription will automatically renew at the then-current rate at the end of each billing cycle until you cancel.
Payment method. Payments are processed through Stripe. By providing a payment method, you authorize us to charge it for all amounts due, including Subscription fees, usage charges, and applicable taxes.
Taxes. All fees are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes other than taxes on our income.

6. Usage-Based Charges (Rebillable Costs)

In addition to your Subscription fee, you will incur usage-based charges for phone numbers, messaging, voice, and number intelligence services directly tied to your account infrastructure. Rates are subject to change with 30 days' notice based on carrier adjustments.

Digital wallet. You maintain a digital wallet balance within the software for usage charges. When your wallet balance falls below the auto-top-up threshold, your connected payment method will automatically refill the wallet according to your selected preferences. You are responsible for monitoring your wallet and ensuring sufficient funds for automated workflows to execute.

7. No Refund Policy

All payments to Avia Digital are final and non-refundable, including Subscription fees, setup fees, and usage charges. By signing up, you acknowledge that our products and Services are custom-built, immediately initiated upon payment, and non-reversible once configuration and delivery begin.

8. No Chargebacks

You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. We reserve the right to:

Submit evidence of contract acceptance, Platform usage, and delivery documentation to your card issuer.
Suspend or terminate your Account and system configurations.
Pursue recovery of the disputed amount plus all associated legal, collection, and administrative fees.

9. Free Trials and Promotions

We may offer free trials, discounts, or promotional pricing from time to time. During a trial, limited setup may occur for information-gathering purposes; full Services are rendered only once paid billing begins. Promotional pricing applies for the period stated and reverts to standard pricing thereafter.

10. Service Delivery and Client Responsibilities

Services are considered delivered and rendered once:

The Client's website structure has been completed and made available.
Platform and automation setup is finalized.

Standard build time is 7–14 business days. This delivery window begins strictly after we receive your 100% completed onboarding form, along with all requested brand assets, logos, and required account access. If the client delays in providing this necessary information, the delivery timeline will automatically extend accordingly. Login assistance and onboarding support may be provided but are not a prerequisite for fulfillment.

11. Payment Failures and Suspension

If a payment fails:

We will retry payment up to 4 times over 3 weeks.
If the balance remains unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until the balance is paid.
If the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 17.

Suspension does not relieve you of the obligation to pay outstanding fees.

12. Cancellation

You may cancel your Subscription at any time through the Platform or by contacting support. Cancellation becomes effective at the end of the current monthly billing cycle, and you will not be charged thereafter. Early cancellation does not entitle you to a refund of any prepaid amounts or unused portion of a monthly term.

13. Intellectual Property

13.1 Our IP: The Platform, our software, our website templates, our automations, our marketing materials, our brand, and all underlying technology and intellectual property are owned by Avia Digital or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Services solely for your internal business purposes during your Subscription. All rights not expressly granted are reserved.

13.2 Your Content: You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services and as permitted by our Privacy Policy.

13.3 Websites and Domains: Websites we build for you are provided to you under the license described in Section 13.1 and are hosted on our GHL-based infrastructure. Upon termination of your Subscription, your right to use the website ends, and we are not obligated to transfer the website's source code, theme, workflows, or templates to an external account. You retain ownership of any custom Client Content (text, images, logos) you provided.

13.4 Feedback: If you provide us with suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, royalty-free license to use it without obligation to you.

14. Acceptable Use

You agree NOT to use the Services to:

Send unsolicited messages, spam, or unlawful communications.
Send messages without proper consent under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC requirements, or applicable state laws.
Violate the privacy of any individual or any state or federal privacy law.
Send messages that are harassing, threatening, defamatory, fraudulent, obscene, or otherwise unlawful.
Promote illegal activities or regulated industries that violate carrier policies (e.g., cannabis, CBD, gambling, illegal drugs, firearms in violation of law).
Reverse-engineer, decompile, or attempt to derive source code from the Platform.
Resell, sublicense, or provide the Services to third parties as a standalone service bureau without our written consent.
Use the Services to compete with Avia Digital or to build a competing product.

15. Client Compliance Obligations

15.1 You Are Responsible for Your Own Communications: When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you — not Avia Digital — are the sender. You are solely responsible for obtaining valid consent from every recipient before sending any message that requires consent under the TCPA, CAN-SPAM, A2P 10DLC, or applicable law; maintaining proof of consent (e.g., timestamped opt-in records, web form submissions) and producing them on request; honoring opt-out requests (STOP, UNSUBSCRIBE, etc.) immediately and on a list-wide basis; including required disclosures (sender identity, opt-out instructions) in your communications; and complying with carrier rules, including completing your own A2P 10DLC registration for the campaigns you run using your own business tax details.

15.2 Privacy and Data Protection: If you upload personal information about consumers to the Platform, you act as the "controller" or "business" under applicable privacy laws and Avia Digital acts as the "processor" or "service provider." By uploading personal information to the Platform, you represent that you have provided all required notices and obtained all required consents.

15.3 You Indemnify Us for Your Communications: You agree to indemnify and hold Owen Huang and Avia Digital harmless from any claims, fines, penalties, or damages arising from your communications or your processing of consumer data, as further described in Section 20.

16. Call and Video Recording

We record video consultations, strategy sessions, onboarding calls, and support interactions between you and Avia Digital for quality assurance, technical training, recordkeeping, and dispute resolution. We provide notice at the start of interactions, and by continuing the interaction, you consent to being recorded.

17. Term and Termination

17.1 Term: These Terms begin when you accept them and continue until your Subscription is terminated.

17.2 Termination by You: You may cancel at any time as described in Section 12.

17.3 Termination by Us: We may suspend or terminate your Account and these Terms, with or without notice, if you breach these Terms, fail to pay amounts when due, or engage in conduct that creates legal or regulatory risk for us.

17.4 Effect of Termination: Upon termination, your right to access and use the Services ends immediately. We will retain Client Content for 30 days following termination to allow you to export it, after which it may be permanently deleted.

18. SMS Terms (Agency Alerts)

By opting in to receive communications from Avia Digital, you agree to receive text messages related to notifications, setup updates, and account authentication. Message frequency varies. Standard message and data rates apply. Reply STOP to opt out at any time.

19. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AVIA DIGITAL DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT MESSAGES WILL BE DELIVERED WITHOUT DELAYS OR CARRIER BLOCKS. WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS OR REVENUE INCREASES.

20. Indemnification

You agree to defend, indemnify, and hold harmless Owen Huang and Avia Digital from and against any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your Client Content, or your communications sent through the Platform (including TCPA and text-spam claims).

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NO INDIRECT DAMAGES. AVIA DIGITAL AND OWEN HUANG WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION.
CAP ON DIRECT DAMAGES. OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. This limitation is a fundamental part of the bargain between us.

22. Dispute Resolution; Binding Arbitration; Class Action Waiver

22.1 Informal Resolution: Before initiating any formal dispute, you and Avia Digital agree to first attempt to resolve the dispute informally by emailing support or legal channels with a written description of the dispute.

22.2 Binding Arbitration: You and Avia Digital agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in New York, New York (or remotely, at the parties' agreement).

22.3 Class Action Waiver: YOU AND AVIA DIGITAL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

23. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in Queens County, New York, and the parties consent to personal jurisdiction and venue there.

24. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, telecommunications or internet failures, carrier updates, or third-party platform outages (including GoHighLevel or Twilio downtime).

25. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a business transition or asset sale.

26. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or inside the Platform. Your continued use of the Services after updates take effect constitutes your acceptance of the updated Terms.

27. Miscellaneous

These Terms (together with our Privacy Policy) represent the entire agreement between you and Avia Digital. If any provision is found unenforceable, the remaining provisions remain in full effect.

28. Contact

Avia Digital

Email: aviadigitalco@gmail.com