1. Eligibility & Jurisdiction

You represent and warrant that:

You are at least 18 years old.

You are authorized to enter into this Agreement on behalf of your business.

You reside in or conduct business in a jurisdiction where cannabis activity is legal.

These Terms are governed by the laws of the State of California.

2. Platform Description

AIVARA provides:

AI-powered marketing and automation tools

CRM workflows and system integrations

Data analysis and segmentation

Operational and compliance-support automations

Digital services, consulting, and optimization packages

SaaS platform access via subscription

AIVARA may modify or discontinue any feature at any time without notice.

3. Account Registration

To access the Platform, you may be required to create an account. You agree to:

Provide accurate information

Maintain the confidentiality of your credentials

Notify us of unauthorized access

AIVARA is not liable for damages arising from unauthorized account access.

4. Subscription Billing & Payments

By subscribing or contracting services, you agree to:

Pay all applicable fees

Allow recurring billing for subscriptions

Pay additional charges for upgrades, custom builds, or add-ons

All fees are non-refundable, unless explicitly stated otherwise in writing by AIVARA.

AIVARA may suspend or terminate access for non-payment.

5. TERMS OF USE

(Integrated into the main Terms & Conditions per your request.)

By accessing or using the Platform, you agree to:

5.1 Acceptable Use

You may NOT use AIVARA to:

Violate cannabis advertising, marketing, or operational restrictions

Send unlawful, misleading, or unpermitted SMS/email communications

Circumvent age-restriction requirements

Reverse engineer, copy, or resell proprietary systems

Upload content that is harmful, defamatory, fraudulent, or illegal

Engage in harassment, data scraping, or system exploitation

5.2 User Content

You are solely responsible for:

The accuracy of any content uploaded

Ensuring your content complies with local, state, and federal laws

Ensuring no third-party rights are infringed

AIVARA may remove any content that violates these Terms.

5.3 System Availability

AIVARA aims to maintain high uptime but does not guarantee:

Continuous availability

Error-free performance

Uninterrupted integrations with third-party platforms

Scheduled or emergency maintenance may occur at any time.

6. REFUND POLICY

(Integrated into the Terms & Conditions as requested.)

AIVARA provides digital, automated, software-based, and AI-generated services. Due to the nature of these services, all sales are final.

6.1 No Refunds

Refunds will NOT be provided for:

SaaS subscription fees

Setup fees, onboarding fees, or implementation fees

AI-generated content or automations

Consulting hours or custom work

Partially used subscription periods

Failure to use or access the Platform

6.2 Non-Delivery or System Error

In the rare case of platform-wide outages caused solely by AIVARA:

AIVARA may, at its discretion, provide service credits

Service credits are not guaranteed, not monetary, and non-transferable

6.3 Chargebacks

Initiating a chargeback:

Violates these Terms

May result in immediate account suspension

May incur collection and administrative recovery fees

6.4 Upgrades and Add-Ons

All paid upgrades, expansions, or additional services are non-refundable.

7. User Responsibilities

You agree to:

Use AIVARA for lawful business purposes only

Verify accuracy of all AI-generated content before publishing

Ensure compliance with SMS/TCPA, email/CAN-SPAM, and cannabis advertising regulations

Maintain adequate compliance procedures outside of AIVARA’s tools

You are solely responsible for the outcomes of your use of the Platform.

8. Cannabis Industry Compliance & Liability Disclaimer

(This section includes the clause we drafted earlier, fully integrated.)

8.1 Regulatory Compliance Not Guaranteed

AIVARA does not provide legal or compliance advice and makes no guarantees about compliance outcomes.

8.2 No Legal or Financial Advice

All Platform outputs are generalized informational suggestions only.

8.3 User Responsibility for Compliance

You are solely responsible for complying with all cannabis laws regarding:

Licensing

Testing

Packaging & labeling

Marketing & advertising

POS reporting

Age verification

Municipal regulations

8.4 Federal Law Disclaimer

Cannabis remains federally illegal. You assume all risks associated with operating in this sector.

8.5 Accuracy of AI Outputs

AI content may contain errors. You must verify all outputs before implementation.

8.6 Integrations & Reporting

AIVARA is not liable for:

Third-party integration failures

Inaccurate data imported from other systems

Misreporting caused by external platforms

9. Intellectual Property

All AIVARA branding, designs, templates, scripts, workflows, and software tools are the intellectual property of Muscle Mods LLC DBA AIVARA.

You may not:

Copy

Modify

Distribute

Duplicate

Sell

Reverse engineer

any aspect of the Platform.

10. AI-Generated Content

AIVARA grants users a license to use AI-generated outputs for business purposes. However:

AIVARA retains ownership of underlying AI frameworks

You must verify compliance and accuracy

You may not use AI outputs for unlawful or misleading activity

11. Third-Party Services

AIVARA integrates with external services and platforms. We are not responsible for:

Their availability

Their accuracy

Their security

Their compliance

Use of third-party platforms is governed by their own terms.

12. Limitation of Liability

To the fullest extent permitted by California law:

AIVARA is not liable for indirect, incidental, punitive, or consequential damages

AIVARA’s total liability is limited to the fees paid in the previous 3 months

AIVARA is not liable for business losses, compliance failures, or data inaccuracies

You use the Platform at your own risk.

13. Indemnification

You agree to indemnify and hold harmless Muscle Mods LLC DBA AIVARA against all claims, penalties, or damages arising from:

Your cannabis operations

Your compliance failures

Your use or misuse of AI-generated outputs

Your violation of laws or third-party rights

14. Termination

AIVARA may suspend or terminate access for:

Non-payment

Violations of these Terms

Abuse of the system

Illegal behavior

No refunds will be issued upon termination.

15. Modifications to Terms

AIVARA may update these Terms at any time. Continued use constitutes acceptance.

16. Dispute Resolution

You agree that:

All disputes shall be resolved in Riverside County, California

Claims must be brought individually

Parties will attempt mediation before litigation

These Terms govern all SaaS, subscription, agency, consulting, AI, automation, and digital services provided by AIVARA.