Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and Availy, a sole proprietorship operated from the Province of Ontario, Canada ("Availy", "we", "us", or "our"). The Terms govern your access to and use of the Availy website, applications, and services (together, the "Service"). Please read them carefully. By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you may not use the Service.

1. Who May Use Availy

To open and own an account (an "Account Owner"), you must be at least 18 years old and able to form a binding contract. If you create an account on behalf of a business or organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to both you and that organization.

Account Owners may invite additional people to use the Service under their account, such as instructors, staff, students, and parents or guardians ("Authorized Users"). The Account Owner is responsible for the activity of its Authorized Users and for ensuring they comply with these Terms. Some Authorized Users may be minors; see Section 6 and our Privacy Policy for how information about minors is handled.

2. Description of the Service

Availy is a platform that helps independent instructors, educators, and tutoring studios manage their teaching business, including scheduling and availability, bookings, student and parent management, messaging, and related tools. We are continuously improving the Service and may modify, add, or remove features from time to time. We may also suspend or discontinue the Service, or any part of it, with reasonable notice where practicable, except where notice is not feasible (for example, to address security or legal issues).

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information, to keep it up to date, and to notify us promptly at support@availy.app of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from your failure to safeguard your credentials.

4. Subscriptions, Free Trial, Billing, and Cancellation

Availy is offered on a paid subscription basis, with plans and prices shown at sign-up and on our website. We currently offer a free trial period; at the end of the trial, unless you cancel, the Service may require a paid subscription to continue.

Payment processor. Payments are processed by our third-party payment provider, Stripe. By subscribing, you authorize us, through Stripe, to charge your chosen payment method for the applicable fees. We do not store your full payment card details; they are handled by Stripe under its own terms and privacy policy.

Recurring billing. Paid subscriptions renew automatically at the end of each billing cycle (for example, monthly) at the then-current price, until you cancel. You authorize these recurring charges until you cancel.

Cancellation. You may cancel at any time from your account settings or by contacting support@availy.app. Cancellation takes effect at the end of the current billing period; you will retain access until then, and you will not be charged for subsequent periods.

Refunds. Except where required by applicable law, fees are non-refundable and we do not provide refunds or credits for partial billing periods or unused time. Nothing in these Terms limits any non-waivable rights you may have under Ontario's Consumer Protection Act, 2002 or other applicable consumer-protection law.

Price changes and taxes. We may change subscription prices on a going-forward basis; we will give you advance notice and the change will take effect on your next billing cycle. Prices are exclusive of applicable taxes (such as GST/HST), which you are responsible for paying where required.

5. Your Content and Customer Data

The Service lets you and your Authorized Users submit information and content, including details about students and parents, schedules, bookings, messages, and file attachments (collectively, "Customer Data"). As between you and Availy, you retain all rights in your Customer Data. You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, and display Customer Data solely as needed to provide and improve the Service and as described in our Privacy Policy.

You are responsible for your Customer Data and for ensuring you have all rights, consents, and legal authority needed to provide it to us and to have us process it on your behalf. This includes obtaining any consents required to add information about your students and, where a student is a minor, any consent required from a parent or guardian. With respect to Customer Data about your students and their families, you act as the organization responsible for that information and Availy acts as a service provider processing it on your behalf and under your instructions.

6. Acceptable Use

You agree not to, and not to allow any Authorized User to:

• use the Service for any unlawful purpose or in violation of these Terms;
• upload or transmit content that is harmful, harassing, abusive, defamatory, obscene, or that infringes the rights of others;
• access or collect data about other users without authorization, or attempt to gain unauthorized access to the Service or its systems;
• interfere with, disrupt, overload, or attempt to probe, scan, or test the vulnerability of the Service;
• reverse engineer, copy, resell, or create derivative works of the Service except as permitted by law; or
• use the Service to send unsolicited communications in violation of anti-spam laws, including Canada's Anti-Spam Legislation (CASL).

Fair use. Some plans describe certain features as "unlimited" (for example, unlimited students). "Unlimited" means there is no preset numerical cap, but it is subject to fair and reasonable use consistent with normal use of the Service by a single instructor or studio. To protect the Service and other users, we may apply reasonable technical limits and safeguards — including limits on the volume of SMS and email messages, file storage, and automated or programmatic activity — and we may throttle, suspend, or require a plan change for usage that is excessive, abusive, or that places an unreasonable burden on our systems or costs, such as bulk or unsolicited messaging. Where practicable, we will make reasonable efforts to notify you before taking such action.

We may investigate and take appropriate action, including removing content or suspending or terminating accounts, for any violation of this Section.

7. Communications and Messaging

By using the Service, you agree that we may send you service-related communications, such as account, security, transaction, and support messages, by email and, where you have provided a mobile number, by SMS. Standard message and data rates may apply to SMS. You may opt out of non-essential messages at any time, including by replying STOP to SMS or using the unsubscribe link in emails; we may still send essential service messages.

If you use the Service to send messages to your own students or parents (including reminders and notifications), you are responsible for obtaining any consent those communications require under CASL and other applicable laws, and for honouring unsubscribe and opt-out requests.

8. Third-Party Services

The Service relies on and may integrate with third-party services, including Stripe (payments), Google (sign-in), Amazon Web Services (hosting), and telecommunications and email providers used to deliver messages. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services and do not control them.

9. Intellectual Property

The Service, including its software, design, text, graphics, and logos (but excluding Customer Data), is owned by Availy or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service, you acknowledge that information may be stored and processed in the United States and other countries, as described in the Privacy Policy.

11. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by law, Availy will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid to us for the Service in the twelve (12) months before the event giving rise to the claim, or CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless Availy from and against any claims, liabilities, damages, losses, and reasonable expenses (including legal fees) arising out of or related to your Customer Data, your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

14. Suspension and Termination

You may stop using the Service and cancel your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees when due, or if we reasonably believe it is necessary to protect the Service, other users, or third parties, or to comply with law. Where practicable, we will give you notice.

On termination, your right to use the Service ends. For a reasonable period after termination, you may request a copy of your Customer Data, after which we may delete it in accordance with our Privacy Policy and applicable law. Sections that by their nature should survive termination (including Sections 5, 9, and 11 through 16) will survive.

15. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date, and, where appropriate, by other means such as email. Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. If you have a concern or dispute, please contact us first at support@availy.app so we can try to resolve it informally. If we cannot, you agree that the courts located in Ontario, Canada will have jurisdiction over any dispute, and you consent to the venue of those courts. Nothing in this Section limits any rights you may have to bring proceedings in your local courts, or any non-waivable rights under applicable consumer-protection law.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Availy regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure to perform due to causes beyond our reasonable control. Notices to you may be provided through the Service or by email; notices to us should be sent to support@availy.app.

18. Contact

Availy is operated as a sole proprietorship in Ontario, Canada. If you have questions about these Terms, contact us at:

Availy
Email: support@availy.app