Terms of Service

Avantwerk – Your AI Work Platform

Welcome to Avantwerk. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Client", "you") and Bennovate sp. z o.o. ("Avantwerk", "Company", "we", "us", "our") governing your access to and use of the Avantwerk platform, including our websites, applications, APIs, and all related services (collectively, the "Platform" or "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

Contents

1. Definitions

2. Eligibility & Account Registration

2.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• If registering on behalf of a business, have the authority to bind that entity to these Terms
• Not be prohibited from using the Services under applicable laws
• Not have been previously suspended or removed from the Platform

2.2 Account Registration

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access or security breach

2.3 Business Accounts

If you register an account on behalf of a business entity, you represent and warrant that you have the authority to bind the entity, and the entity agrees to be bound by these Terms. References to "you" include both the individual and the entity.

2.4 Authorised Users

You may grant access to additional users within your organisation ("Authorised Users") subject to your subscription plan limits. You are responsible for ensuring all Authorised Users comply with these Terms and for all activities conducted under their accounts.

3. Services Description

3.1 Platform Overview

Avantwerk is an AI-powered, all-in-one SaaS platform designed for small and medium-sized enterprises (SMEs). Our Platform integrates multiple business functions into a unified ecosystem.

3.2 Core Features

Subject to your subscription plan, the Platform may include:

• AI-Powered Websites: Dynamic, SEO-optimised website creation and hosting
• CRM System: Customer relationship management with contact management, pipeline tracking, and automation
• Marketing Automation: Email campaigns, social media scheduling, and workflow automation
• AI Chatbots: Intelligent conversational agents for customer support and lead generation
• Analytics & Reporting: Business intelligence dashboards and predictive analytics
• Reputation Management: Review monitoring and response tools
• Communication Tools: Unified inbox, SMS, and VoIP capabilities

3.3 Feature Availability

Feature availability depends on your subscription tier. We reserve the right to modify, add, or remove features with reasonable notice. Material changes affecting your use will be communicated in advance.

3.4 Third-Party Integrations

The Platform may integrate with third-party services. Your use of such integrations is subject to the respective third-party terms. We are not responsible for third-party services and do not guarantee their availability or functionality.

4. Subscriptions & Billing

4.1 Subscription Plans

We offer the following subscription tiers:

4.2 Billing Terms

• Billing Cycle: Subscriptions are billed monthly or annually in advance, depending on your selected plan.
• Payment Methods: We accept major credit/debit cards and other payment methods as available through our payment processor, Stripe.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled.
• Currency: Prices are displayed in GBP (£), EUR (€), PLN (zł), or USD ($) depending on your location.

4.3 Price Changes

We may change subscription prices with at least 30 days' notice before your next renewal. Continued use after the price change takes effect constitutes acceptance. If you do not agree, you may cancel before the renewal date.

4.4 Taxes

Prices exclude applicable taxes (VAT, GST, sales tax) unless stated otherwise. You are responsible for all applicable taxes, which will be calculated and added based on your billing address and applicable law.

4.5 Free Trials

We may offer free trials at our discretion. At the end of the trial period, your account will convert to a paid subscription unless you cancel. Trial terms will be specified at signup.

4.6 Refund Policy

4.7 Failed Payments

If payment fails, we will attempt to process the payment again. If payment continues to fail, we may suspend or downgrade your account. You remain responsible for all amounts due.

5. Implementation Services

5.1 Implementation Packages

We offer professional implementation services to help you get started:

5.2 Scope and Delivery

• Implementation scope is defined in your order or Statement of Work (SOW)
• Delivery timelines vary by package (typically 14-45 days plus hypercare period)
• You must provide timely access, information, and approvals as reasonably required
• Changes to scope may require additional fees and timeline adjustments

5.3 Implementation Partners

Implementation services may be delivered by Avantwerk directly or by certified Implementation Partners from the Bennovate network. Partners are bound by confidentiality agreements and quality standards. You will be informed which party is delivering your implementation.

5.4 Hypercare Period

Following go-live, implementation packages include a hypercare support period during which we provide enhanced support to ensure successful adoption. The duration varies by package as specified in your order.

5.5 Acceptance

Upon completion of implementation deliverables, you will have 5 business days to review and provide feedback. If no material issues are raised within this period, the deliverables are deemed accepted.

6. Acceptable Use Policy

6.1 General Conduct

You agree to use the Platform only for lawful purposes and in compliance with these Terms. You are responsible for all content you upload, create, or transmit through the Platform.

6.2 Prohibited Activities

You may not use the Platform to:

• Violate any applicable law, regulation, or third-party rights
• Send spam, unsolicited communications, or engage in phishing
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorised access to any systems or data
• Interfere with or disrupt the Platform or servers
• Reverse engineer, decompile, or disassemble the Platform
• Use automated tools to scrape or extract data without permission
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit illegal, harmful, offensive, or infringing content
• Engage in activities that could damage our reputation or brand

6.3 Email and Communication Compliance

When using our email and communication features, you must:

• Comply with anti-spam laws (CAN-SPAM, GDPR, PECR, etc.)
• Only send communications to recipients who have consented
• Include accurate sender information and unsubscribe mechanisms
• Honour unsubscribe requests promptly

6.4 Resource Limits

Your subscription includes specified resource limits (storage, contacts, emails, etc.). Excessive usage beyond your plan limits may result in additional charges or service restrictions.

6.5 Enforcement

We reserve the right to investigate suspected violations and take appropriate action, including warning, suspension, or termination of your account, and reporting to law enforcement if necessary.

7. Client Data & Privacy

7.1 Ownership of Client Data

You retain all ownership rights in your Client Data. By using the Platform, you grant us a limited licence to host, process, and display your Client Data solely to provide the Services.

7.2 Data Processing

Where you use the Platform to process personal data of your customers or contacts:

• You act as the data controller; we act as your data processor
• Processing is governed by our Data Processing Agreement (DPA)
• You are responsible for ensuring lawful basis for processing
• You must inform data subjects about how their data is processed

7.3 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

7.4 Data Security

We implement industry-standard security measures to protect Client Data, including encryption, access controls, and regular security assessments. However, no system is completely secure, and you acknowledge inherent risks in data transmission.

7.5 Data Portability

You may export your Client Data at any time using our export tools. Upon account termination, you will have 30 days to export your data before it is deleted.

8. Intellectual Property

8.1 Our Intellectual Property

The Platform, including all software, designs, text, graphics, interfaces, and underlying technology, is owned by Avantwerk or its licensors and is protected by intellectual property laws. All rights not expressly granted are reserved.

8.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during your subscription term.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Sublicense, sell, resell, or transfer your access (except as authorised)
• Remove or alter any proprietary notices or labels
• Use our trademarks without written permission

8.4 Feedback

If you provide suggestions, ideas, or feedback about the Platform ("Feedback"), you grant us a worldwide, royalty-free, perpetual licence to use and incorporate such Feedback without obligation to you.

8.5 Your Content

You retain ownership of content you create using the Platform (websites, marketing materials, etc.), subject to our underlying intellectual property rights in the Platform and templates.

9. AI Features and Automated Processing

9.1 AI-Powered Features

The Platform includes AI and machine learning features such as chatbots, content generation, predictive analytics, and automated recommendations. These features are provided to assist your business operations.

9.2 AI Limitations

9.3 AI Training

We may use aggregated, anonymised usage data to improve our AI models. Your Client Data is not used for AI training without your explicit consent. You can manage AI-related settings in your account preferences.

9.4 AI Compliance

When using AI features that interact with your customers (e.g., chatbots), you are responsible for ensuring compliance with applicable laws, including disclosure requirements for automated communications where required.

10. Service Levels & Support

10.1 Uptime Commitment

We target 99.9% uptime for the Platform, excluding scheduled maintenance and circumstances beyond our reasonable control. Uptime is measured on a monthly basis.

10.2 Scheduled Maintenance

We perform scheduled maintenance during low-traffic periods and will provide advance notice where possible. Scheduled maintenance windows do not count against our uptime commitment.

10.3 Support

Support is provided according to your subscription tier:

• All Plans: Email support, knowledge base access
• Core & SmartFlow: Priority email support, chat support
• ScaleUp & Nexus: Dedicated account manager, phone support

10.4 Service Credits

If we fail to meet our uptime commitment, eligible Clients may receive service credits as detailed in our Service Level Agreement (SLA). Service credits are your sole remedy for downtime.

11. Warranties & Disclaimers

11.1 Our Warranties

We warrant that:

• The Platform will perform substantially in accordance with the documentation
• We have the right to provide the Services
• Professional services will be performed with reasonable skill and care

11.2 Disclaimers

11.3 Third-Party Services

We make no warranties regarding third-party services, integrations, or content accessible through the Platform.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVANTWERK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.

12.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) £1,000 GBP.

12.3 Exceptions

These limitations do not apply to liability that cannot be excluded by law, including liability for fraud, gross negligence, or wilful misconduct, or to your payment obligations.

12.4 Basis of the Bargain

The limitations in this section reflect the allocation of risk between the parties and are an essential basis of the bargain. The Platform would not be provided without these limitations.

13. Indemnification

13.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Avantwerk and its officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms
• Your Client Data or content you create or transmit
• Your violation of any third-party rights
• Your violation of applicable laws

13.2 Our Indemnification

We will indemnify you against third-party claims that the Platform, as provided by us, infringes any valid intellectual property right, provided you promptly notify us and grant us control of the defence.

14. Termination

14.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. You remain responsible for all charges through the cancellation date.

14.2 Termination by Us

We may terminate or suspend your account:

• For Cause: Immediately if you materially breach these Terms, engage in fraud, or pose a security risk
• For Convenience: With 30 days' notice, in which case we will provide a pro-rated refund for prepaid fees
• For Non-Payment: After providing notice and reasonable opportunity to cure

14.3 Effect of Termination

Upon termination:

• Your access to the Platform will be disabled
• You will have 30 days to export your Client Data
• We will delete your Client Data within 90 days after the export period
• Provisions that should survive termination will remain in effect

14.4 Survival

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will continue after termination.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Poland, without regard to conflict of law principles. For Clients in the United Kingdom, UK law may apply to the extent required by mandatory consumer protection laws.

15.2 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to attempt to resolve disputes informally. Many issues can be resolved quickly through direct communication.

15.3 Jurisdiction

Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts in Łódź, Poland. EU consumers may also bring proceedings in their country of residence.

15.4 EU Online Dispute Resolution

If you are an EU consumer, you may access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, DPA, and any order documents, constitute the entire agreement between you and Avantwerk regarding the Services and supersede all prior agreements.

16.2 Amendments

We may modify these Terms from time to time. Material changes will be notified at least 30 days in advance. Your continued use after changes take effect constitutes acceptance.

16.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or our right to enforce it later.

16.4 Severability

If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall continue in effect.

16.5 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations to an affiliate or successor without your consent.

16.6 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or internet outages.

16.7 No Third-Party Beneficiaries

These Terms do not create any rights for third parties, except as expressly stated.

16.8 Language

These Terms are provided in English. Translations are for convenience only; the English version governs in case of conflict.

17. Contact Information

If you have questions about these Terms of Service, please contact us: