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Terms of Use
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Terms of Use

Official legal documentation for AVITA-PL corporate website and operations.

Updated June 2025Corporate CompliancePublic Information
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Terms of Use

Last updated: June 2025

Terms of Use

**Last updated:** April 19, 2025

**Effective date:** April 19, 2025

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1. Agreement to Terms

By accessing or using the website **aigain.pro**, its subdomains, or any products and services offered by **AVITA-PL sp. z o.o.** — including products sold through the **Whop** platform — you agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you must immediately discontinue use of our Service.

These Terms constitute a legally binding agreement between you ("User", "Client", "you") and:

**AVITA-PL sp. z o.o.**

Pl. Jana Kilińskiego 2

35-005 Rzeszów, Poland

📧 info@avita-pl.pl

🌐 www.aigain.pro

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2. Description of Services

AIGain.pro provides the following services and products:

  • **AI Consulting & Strategy** — analysis and roadmap development for AI and automation implementation
  • **AI Agents & Chatbots** — development and deployment of intelligent virtual assistants
  • **RPA & Process Automation** — robotic process automation solutions using n8n, Make.com, and similar tools
  • **Content Automation** — AI-powered content generation systems for social media and websites
  • **AI Voice Bots** — voice-based AI solutions for customer service and lead generation
  • **Sales & Lead Generation Automation** — end-to-end automated sales funnel setup
  • **Digital Products** — courses, templates, guides, automation workflows, and SaaS tools distributed via Whop or our website

    • The specific scope, deliverables, timelines, and pricing for each project are defined in a separate **Service Agreement** or **Project Brief** signed between the parties, which forms part of these Terms.

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    3. Eligibility

    To use our Service, 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 contract
  • Not be located in a country subject to international sanctions
  • Not be prohibited from using the Service under applicable laws

    • By using the Service, you represent and warrant that you meet all eligibility requirements.

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    4. Account Registration

    Some features of our Service may require account registration via the Whop platform or our website. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your password and account credentials
  • Notify us immediately of any unauthorized access or breach
  • Be responsible for all activities conducted under your account

    • We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

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    5. Intellectual Property

    ### 5.1 Our Property

    All content on aigain.pro — including text, graphics, logos, icons, images, audio clips, software, and code — is the property of AVITA-PL sp. z o.o. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

    ### 5.2 Deliverables

    Unless explicitly stated otherwise in a signed Service Agreement:

  • **Custom-built solutions** (bots, automations, workflows, code) created specifically for a client become the property of the client upon full payment
  • **Templates, pre-built components, and proprietary frameworks** used in the delivery remain the property of AVITA-PL sp. z o.o. and are licensed (not sold) to the client on a non-exclusive basis
  • **Digital products** purchased via Whop are licensed for personal or internal business use only and may not be resold or redistributed without written permission

    • ### 5.3 License to Use

    We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.

    ### 5.4 Restrictions

    You may not:

  • Copy, reproduce, modify, or create derivative works based on our content or proprietary tools without written consent
  • Reverse engineer, decompile, or disassemble any software component of the Service
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our branding, logos, or trademarks without prior written approval

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    6. Client Obligations

    When engaging our services, the client agrees to:

  • Provide timely access to required systems, credentials, data, and stakeholders
  • Review and approve deliverables within agreed timeframes
  • Pay invoices in accordance with agreed payment terms
  • Not use the services or deliverables for illegal, harmful, or unethical purposes
  • Maintain the confidentiality of any proprietary methodologies shared during the project

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    7. Payment Terms

    ### 7.1 Pricing

    Prices for our services are quoted in **EUR** unless otherwise specified. All prices are exclusive of VAT unless stated otherwise. VAT will be applied in accordance with EU VAT regulations.

    ### 7.2 Payment Schedule

  • **Project-based services:** Typically 50% upfront deposit, 50% upon completion (as defined in the Service Agreement)
  • **Retainer/subscription services:** Billed monthly in advance
  • **Digital products (Whop):** Full payment at checkout

    • ### 7.3 Late Payments

    Invoices unpaid after the due date are subject to statutory interest under Polish law (Act on combating late payment in commercial transactions). We reserve the right to suspend services for overdue accounts.

    ### 7.4 Currency & Taxes

    You are responsible for any applicable taxes, duties, or charges in your jurisdiction. If you are VAT-registered in the EU, please provide your VAT number to receive invoices net of VAT (reverse charge mechanism).

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    8. Confidentiality

    Both parties agree to keep confidential all non-public information received from the other party during the course of the engagement. This obligation survives termination of the Agreement for a period of **3 years**.

    Confidentiality does not apply to information that:

  • Was already publicly known at the time of disclosure
  • Was independently developed without use of confidential information
  • Is required to be disclosed by law or court order

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    9. Prohibited Uses

    You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Transmit spam, malware, or unsolicited communications
  • Engage in fraudulent, deceptive, or harmful activities
  • Infringe intellectual property rights of third parties
  • Harass, intimidate, or harm other users or our staff
  • Attempt to gain unauthorized access to our systems or those of our clients
  • Build competing products using our proprietary methodologies without consent
  • Circumvent any access controls or security measures

    • Violation of this section may result in immediate account termination and legal action.

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    10. Disclaimer of Warranties

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure
  • AI-generated outputs or automation results will be 100% accurate
  • Results achieved for other clients will be replicated for your business
  • The Service will meet all of your specific business requirements

    • AI tools and automation systems involve inherent uncertainty. Business outcomes depend on multiple factors beyond our control. Any case studies or results presented are illustrative and not guaranteed.

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    11. Limitation of Liability

    To the maximum extent permitted by Polish and EU law:

  • Our total liability for any claims arising from the Service shall not exceed the **total fees paid by you in the 3 months preceding the claim**
  • We are not liable for any **indirect, incidental, special, punitive, or consequential damages**, including loss of profit, loss of data, business interruption, or reputational damage

    • These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

    Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Polish or EU law.

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    12. Indemnification

    You agree to indemnify and hold harmless AVITA-PL sp. z o.o. and its directors, employees, and contractors from any claims, damages, losses, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your use of the Service in violation of applicable law
  • Infringement of third-party rights by materials you provide to us
  • Your negligence or willful misconduct

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    13. Term and Termination

    These Terms remain in effect for as long as you use the Service.

    **You** may terminate use of the Service at any time by ceasing access and, where applicable, canceling your subscription.

    **We** may suspend or terminate your access immediately and without notice if you:

  • Breach any provision of these Terms
  • Fail to pay invoices when due
  • Engage in illegal or harmful conduct

    • Upon termination, all licenses granted under these Terms will immediately cease. Provisions that by their nature should survive termination (confidentiality, intellectual property, limitation of liability, indemnification) will continue to apply.

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    14. Governing Law and Dispute Resolution

    These Terms are governed by and construed in accordance with the **laws of Poland**, without regard to conflict of law principles.

    Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in **Rzeszów, Poland**.

    If you are a consumer in the EU, you may also use the EU Online Dispute Resolution (ODR) platform: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)

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    15. Third-Party Services

    Our Service integrates with third-party platforms including Whop, Stripe, n8n, Make.com, OpenAI, and others. Use of those platforms is subject to their respective terms of service. We are not responsible for the availability, accuracy, or actions of third-party services.

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    16. Changes to Terms

    We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:

  • Posting the updated Terms on this page with a revised date
  • Sending email notification for material changes affecting active clients

    • Continued use of the Service after changes are effective constitutes acceptance of the revised Terms.

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    17. Severability

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

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    18. Entire Agreement

    These Terms, together with our Privacy Policy, Refund Policy, and any applicable Service Agreement, constitute the entire agreement between you and AVITA-PL sp. z o.o. regarding the use of the Service and supersede all prior agreements and understandings.

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    19. Contact Us

    For any questions regarding these Terms of Use:

    **AVITA-PL sp. z o.o.**

    Pl. Jana Kilińskiego 2, 35-005 Rzeszów, Poland

    📧 **info@avita-pl.pl**

    🌐 **www.aigain.pro**