Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Averware ("Company," "we," "us," or "our"). By accessing or using our website at www.averware.com, submitting any form, or engaging with our services, you agree to be bound by these Terms and our Privacy Policy.

You must be at least 18 years of age to access or use our website or services. By using our website or services, you represent and warrant that you are 18 years of age or older. If you are under 18, you are not permitted to use our website or services.

If you do not agree to these Terms, please discontinue use of our website and services immediately.

Contact information:
Averware
10741 Fruitland Road, Charlotte, NC 28277
Email: [email protected]
Phone: +1 (704) 368-3462

2. Description of Services

Averware provides AI engineering optimization consulting services to product engineering organizations, including:

• Advisory Services: Month-to-month strategic AI engineering counsel for SaaS leaders, including regular strategy sessions and on-call advisory on architecture, vendor selection, hiring, and AI tooling decisions.
• AI Engineering Workshop: A focused engagement comprising a two-week stakeholder discovery period, a workshop session, and a 6-month roadmap with owners, KPIs, and budget bands.
• Optimization Retainer: Ongoing monthly advisory and optimization to scale AI adoption across the organization.

Service details, scope, deliverables, pricing, and timelines are governed by separate written engagement agreements or statements of work executed between Averware and each client.

3. Use of Website

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Use the site in any way that violates applicable laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of the website or its related systems
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Use automated tools to scrape, crawl, or harvest data from the website without our express written permission

4. Text Messaging (SMS) Program

Averware operates an SMS messaging program to communicate appointment reminders, program updates, and marketing information to clients and prospects who provide explicit consent.

Program Description

By opting in to our text messaging program, you consent to receive text messages from Averware at the phone number you provide. We send two categories of messages:

• Marketing messages: Information about AI engineering optimization services, program updates, promotional offers, and new service announcements.
• Service messages: Appointment confirmations, discovery call reminders, program milestone updates, and other communications directly related to your engagement with Averware.

Message Frequency

Message frequency varies based on your engagement with Averware. Marketing messages are sent no more than 4 times per month. Service messages are sent as needed in connection with your program or scheduled appointments.

Message and Data Rates

Message and data rates may apply to all text messages sent and received. Contact your wireless carrier for details about applicable charges.

How to Opt Out

You may opt out of receiving text messages from Averware at any time by replying STOP to any text message you receive from us. You will receive a one-time confirmation message acknowledging your opt-out. After opting out, you will no longer receive text messages from Averware unless you choose to re-enroll.

How to Get Help

Reply HELP to any Averware text message for assistance, or contact us directly at [email protected] or +1 (704) 368-3462.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Consent Not Required for Purchase

Consent to receive text messages is not a condition of purchasing any service from Averware.

5. Intellectual Property

All content on this website — including text, graphics, logos, images, and software — is the property of Averware or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

Nothing in these Terms grants you any right or license to use our trademarks, service marks, logos, or trade names.

6. Disclaimers

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the fullest extent permitted by law, Averware disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. Results described on our website reflect specific client engagements and are not guarantees of future outcomes.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Averware and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising out of or in connection with your access to or use of (or inability to access or use) our website or services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amounts you paid to Averware in the three months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Averware and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of our website or services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

9. Third-Party Links

Our website may contain links to third-party websites or services. These links are provided for your convenience only. Averware has no control over the content or practices of those sites and accepts no responsibility for them. Accessing any linked third-party website is at your own risk.

10. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our practices regarding the collection and use of your personal information.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Mecklenburg County, North Carolina.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any written engagement agreement or statement of work, constitute the entire agreement between you and Averware regarding your use of our website and services, superseding any prior agreements.

15. Contact Us

If you have questions or concerns about these Terms, please contact us:

Averware
10741 Fruitland Road
Charlotte, NC 28277
Email: [email protected]
Phone: +1 (704) 368-3462
Website: www.averware.com