Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) form a binding agreement between you and Avanta Innovations Corporation (“Avanta,” “we,” “us,” or “our”) governing your access to and use of our website, Avanta Build, mobile applications, APIs, and any related services (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

These Terms do not govern the mobile games published by our Avanta Games division, which are covered by a separate Avanta Games Terms of Service.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) and able to form a binding contract to use the Services. You may not use the Services if you are barred from doing so under applicable law.

3. Accounts

To use most features, you need to create an account. You agree to provide accurate, complete, and current information, keep your credentials confidential, and notify us immediately of any unauthorized use of your account. You are responsible for activity that occurs under your account.

4. Workspaces and Roles

The Services support shared workspaces where multiple users collaborate. The owner or administrators of a workspace may add or remove members, assign roles, manage billing, access content within the workspace, and configure settings on behalf of all members. You acknowledge that an administrator may control your access and content within their workspace.

5. Subscriptions, Trials, and Billing

• Plans and fees. Paid plans are billed in advance on a monthly or annual cycle at the rates shown at checkout. All fees are exclusive of applicable taxes unless stated otherwise.
• Free trials. If we offer a free trial, your account will automatically convert to a paid subscription at the end of the trial unless you cancel beforehand.
• Renewals. Subscriptions renew automatically for successive periods at the then-current rate unless you cancel before the end of the current period.
• Cancellation. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• Refunds. Except where required by law, fees are non-refundable. We do not provide refunds or credits for partial billing periods or unused features.
• Price changes. We may change pricing with reasonable advance notice. Changes apply at the start of your next billing period.
• Late payments. If a payment fails, we may suspend or terminate access until amounts due are paid.

6. Your Content

You retain all rights in the projects, tasks, photos, files, reports, and other content you submit to the Services (“Your Content”). You grant Avanta a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content solely as needed to operate, secure, and improve the Services for you and your workspace.

You represent that you have the rights necessary to submit Your Content and that it does not violate any law or third-party rights. You are responsible for the accuracy and lawfulness of Your Content.

7. AI-Assisted Features

The Services include optional AI-assisted features (“AI Features”), including generating an activity and task breakdown from a bill of quantities or scope of work you upload, answering questions about your project data, and drafting client updates from your field reports. AI Features run only when you invoke them. To provide them we send the necessary portion of Your Content to a third-party AI provider, as described in our Privacy Policy.

AI output is a draft for your review, not professional advice. Output is generated by statistical models and may be inaccurate, incomplete, or misleading. When transcribing a document, a model may misread values, omit line items, or alter quantities, units, or figures. You are solely responsible for reviewing and verifying AI output against your source documents before relying on it, and for having it reviewed by a suitably qualified person where the subject matter requires one.

You must not rely on AI Features as the basis for engineering, structural, safety, quantity-surveying, regulatory, legal, financial, or contractual decisions. AI Features do not perform any professional service, and nothing they produce is an estimate, a certification, or a substitute for the independent judgment of a licensed professional. To the fullest extent permitted by law, Avanta is not liable for any loss arising from reliance on AI output, including errors in a transcribed bill of quantities and any pricing, bid, or commitment derived from it.

As between you and Avanta, output generated from Your Content is treated as Your Content under section 6, and you are responsible for it once you accept it into your workspace. Identical or similar output may be generated for other users, and we make no claim that output is unique, original, or free of third-party rights. You represent that you have the right to submit any document you upload to an AI Feature, and you must not submit content you are not permitted to disclose to a third-party processor.

AI Features consume credits. Credits are consumed by the attempt, at the point the request is processed, whether or not you find the result useful, accurate, or fit for your purpose. Credit packs are non-refundable, have no cash value, and expire at the end of the validity period shown at the time of purchase (currently 365 days). AI Features are also subject to fair-use limits, and we may apply rate limits, change the underlying models, or modify or discontinue an AI Feature at any time.

8. Acceptable Use

You agree not to:

• Use the Services in violation of any law, regulation, or third-party right;
• Upload malware, viruses, or other harmful code, or attempt to disrupt, degrade, or compromise the Services;
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except where permitted by law;
• Use automated means to access the Services in a way that exceeds reasonable usage, scrape data, or circumvent rate limits;
• Resell, sublicense, or otherwise commercially exploit the Services except as expressly permitted;
• Impersonate any person or misrepresent your affiliation with any person or organization;
• Upload content that is unlawful, harassing, defamatory, obscene, or that infringes intellectual property or privacy rights.

We may investigate and take action — including suspending or terminating accounts — for violations.

9. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and trademarks, are owned by Avanta or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may submit feedback, suggestions, or ideas about the Services (“Feedback”). You grant Avanta a perpetual, irrevocable, worldwide, royalty-free license to use Feedback for any purpose without obligation to you.

10. Third-Party Services

The Services may interoperate with third-party products, integrations, or content. Your use of those third-party services is governed by their own terms, and we are not responsible for their availability, accuracy, content, or practices.

11. Beta Features

We may offer features labeled “beta,” “preview,” or similar. These features are provided “as is,” may be changed or withdrawn at any time, and may not be subject to the same availability or support commitments as the general Services.

12. Suspension and Termination

We may suspend or terminate your access to the Services at any time if you breach these Terms, if your use poses a security or legal risk, or if required by law. You may stop using the Services and close your account at any time.

Upon termination, your right to access the Services ends. Sections that by their nature should survive termination (including ownership, disclaimers, indemnities, limitations of liability, and dispute resolution) will survive.

After termination we may retain or delete Your Content consistent with our Privacy Policy and legal obligations. Where reasonably possible, we will provide a means for you to export Your Content before deletion.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AVANTA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANTA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD 100), WHICHEVER IS GREATER.

15. Indemnification

You agree to defend, indemnify, and hold harmless Avanta and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, Your Content, or your breach of these Terms.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of the Philippines, without regard to its conflict of laws principles. The courts located in Cebu City, Philippines will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Changes to the Services or Terms

We may modify the Services at any time, including adding, changing, or removing features. We may also update these Terms from time to time. If we make material changes, we will provide notice by updating the “Last updated” date above and, where appropriate, by sending you a notice through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. Miscellaneous

• Entire agreement. These Terms and the documents referenced here constitute the entire agreement between you and Avanta regarding the Services.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

19. Contact

Questions about these Terms? Contact us:

• Avanta Innovations Corporation
• Cebu, Philippines
• Email: admin@avanta.com.ph