Terms of Service

Agreement to Terms

Welcome to Availo. These Terms of Service ("Terms") govern your access to and use of Availo's appointment booking and automation platform (the "Service"), operated by Marko Automations ("we," "us," or "our"), a sole proprietorship operating in the State of Michigan, United States.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. For material changes, we will provide at least 30 days' notice via email or in-app notification. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

Account Registration and Eligibility

To use Availo, you must:

• Be at least 18 years of age
• Have the legal authority to enter into a binding agreement
• Provide accurate, complete, and current information during registration
• Maintain the security of your account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities that occur under your account

You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

Free Trial and Subscription

14-Day Free Trial

New users are eligible for a 14-day free trial of the Service. During the trial period, you will have access to the full features of Availo at no charge. No payment information is required to start your trial.

Subscription Terms

After your free trial expires, you must subscribe to a paid plan to continue using the Service. By subscribing:

• You authorize us to charge your payment method on a recurring basis
• Subscriptions automatically renew unless cancelled before the renewal date
• Pricing is subject to change with 30 days' notice
• You are responsible for all applicable taxes

Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of the Service, except as required by law.

If you cancel during your free trial, you will not be charged and your access will continue until the trial period ends.

Account Scope and Fair Use

One Account Per Business Location. Each Availo subscription is licensed for use by a single business operating at a single physical location. If your business operates multiple locations (e.g., multiple storefronts, branches, or facilities), each location requires its own separate Availo subscription.

Team Members

Your subscription includes access for your team members at no additional per-seat cost. "Team members" means employees, contractors, or staff who work for your business at the registered location and require access to manage bookings, customers, or business operations. Team member accounts may not be shared, resold, or provided to individuals outside your organization.

Fair Use Policy

We offer generous usage allowances in good faith. In return, you agree not to abuse or exploit the Service in ways that undermine its intended use. Examples of prohibited abuse include, but are not limited to:

• Operating multiple business locations, branches, or franchises under a single subscription
• Creating team member accounts for individuals who do not work at your registered business location
• Reselling, sublicensing, or sharing access to the Service with other businesses or individuals
• Using a single account to manage bookings or customers for multiple unrelated businesses
• Automating account creation or using bots to artificially inflate usage

We reserve the right to review accounts that exhibit unusual usage patterns. If we determine that your usage violates this fair use policy, we may contact you to discuss appropriate subscription arrangements, require you to purchase additional subscriptions for additional locations, or suspend or terminate your account.

Use of the Service

Permitted Use

You may use Availo for lawful business purposes, including:

• Managing appointments and bookings
• Communicating with clients
• Tracking customer relationships
• Automating business workflows

Prohibited Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels
• Use the Service to send spam or unsolicited communications
• Resell, lease, or distribute the Service without authorization

Platform Architecture and Data Isolation

Availo operates as a multi-tenant platform where all customers share common infrastructure. Your data is logically isolated from other customers through strict access controls and tenant-level separation enforced at the application and database layers. This means:

• Your data is accessible only to authorized users within your account
• Access controls prevent cross-tenant data access
• All queries are scoped to your tenant to prevent data leakage
• Your account operates under its own subdomain for access separation

You are responsible for the data and content within your account. We are responsible for maintaining the infrastructure, enforcing tenant isolation, and the security of the underlying platform.

Data Ownership and Privacy

Your Data Belongs to You. You retain all ownership rights to the data you input into the Service. We do not claim any ownership rights to your customer data, appointment information, or business content.

By using the Service, you grant us a limited license to host, store, and process your data solely for the purpose of providing the Service to you. This license terminates when you delete your data or close your account.

Our collection and use of personal information is described in our Privacy Policy . You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining necessary consents from your own customers before storing their personal information or sending them communications through the Service.

Communications and Messaging Compliance

By providing your email address and/or phone number, you expressly consent to receive communications from Availo, including but not limited to:

• Transactional emails related to your account and service usage
• Billing notifications and payment receipts
• Service updates and security alerts
• Technical support communications
• Marketing emails and promotional offers
• SMS messages for account verification and critical notifications

You may opt out of marketing communications at any time, but you cannot opt out of essential service-related messages required for the operation of your account.

Your Responsibilities as a Message Sender

When using the Service's communication features (email and SMS) to contact your customers, you agree to:

• Comply with all applicable messaging laws, including CAN-SPAM, TCPA, CASL (Canada's Anti-Spam Legislation), and GDPR where applicable
• Obtain proper prior express consent from your customers before sending them communications, particularly for marketing messages
• Honor opt-out requests promptly and maintain accurate opt-out records
• Comply with carrier requirements for business messaging, including A10DLC registration where required
• Provide accurate business registration information (such as EIN) when required for toll-free SMS verification
• Not send messages containing prohibited content under carrier acceptable use policies

Prohibited SMS Content

In accordance with carrier policies and applicable regulations, you may not use the Service's SMS features to send messages promoting or containing:

• Cannabis, CBD, marijuana, or related products (regardless of local legality)
• Firearms, ammunition, or weapons
• Gambling or betting services
• High-risk financial services (payday loans, cryptocurrency schemes)
• Adult or sexually explicit content
• Phishing, fraud, or deceptive content
• Any content prohibited by applicable carrier acceptable use policies

Violation of these messaging policies may result in immediate suspension of your messaging capabilities and/or termination of your account. You acknowledge that carriers may independently block or filter messages that violate their policies, and we are not responsible for delivery failures caused by carrier-level filtering.

Intellectual Property Rights

The Service, including its original content, features, functionality, software, and design, is owned by Marko Automations and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Availo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marko Automations. You may not use these marks without our prior written permission.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes, subject to these Terms.

Service Availability and Support

We strive to provide reliable service with minimal downtime. However, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may suspend or restrict access to the Service for:

• Scheduled or emergency maintenance
• Technical issues or security threats
• Violation of these Terms
• Legal or regulatory requirements

We will make reasonable efforts to notify you in advance of planned maintenance and to minimize service disruptions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKO AUTOMATIONS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your data
• Messages sent through the Service that are blocked, filtered, or undelivered by carriers or email providers
• Actions taken by third-party service providers (payment processors, SMS carriers, email delivery services)

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE DELIVERY OF ANY SMS OR EMAIL MESSAGES SENT THROUGH THE SERVICE, AS DELIVERY DEPENDS ON THIRD-PARTY CARRIERS AND PROVIDERS.

Indemnification

You agree to defend, indemnify, and hold harmless Marko Automations and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any messages or communications you send through the Service; or (e) your failure to comply with applicable messaging laws, regulations, or carrier policies.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war or terrorism, government actions or regulations, power failures, internet or telecommunications failures, third-party service provider outages, carrier network issues, cyberattacks, or labor disputes. During such events, our obligations shall be suspended for the duration of the force majeure event.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Violation of messaging or communications policies
• Request by law enforcement or government agencies
• Discontinuation of the Service

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by cancelling your subscription through your account settings.

Data After Termination

Upon account termination or cancellation, we will retain your data for a period of 90 days to allow you to request a data export. After this 90-day period, your data will be permanently deleted from our systems. Billing records may be retained for up to 7 years as required by applicable tax and financial regulations.

To request a data export during the retention period, please contact us at the email address provided below.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations for a period of at least 30 days. If negotiations fail, disputes shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the proceedings held in the State of Michigan.

You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

Note for Canadian Users: Certain provisions of this dispute resolution section, including the class action waiver, may not be enforceable in all Canadian provinces. In such cases, the applicable provincial consumer protection laws will govern.

International Use

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your data to the United States and acknowledge that data protection laws in the United States may differ from those in your country of residence.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Marko Automations concerning the Service and supersede all prior agreements and understandings.

Contact Information

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