Terms of Service

By accessing, browsing, or using avioth.com (the "Site") or any of Avioth LLC's products, software, or services (collectively, the "Services"), you unconditionally accept and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. USE OF THE SITE AND SERVICES IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site and Services.

Avioth LLC ("Avioth", "we", "us", or "our") is a limited liability company organized under the laws of the United States. Avioth operates as the parent entity for a portfolio of software products and services, including but not limited to TalentForge (https://www.talentforge.app), as well as custom software development and technology consulting services. The Site (avioth.com) is the primary informational and contact point for Avioth and its products and services.

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. AVIOTH MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, PRODUCTS, OR SERVICES DESCRIBED ON THE SITE. Information may be changed or updated without notice. You should not rely on any information on the Site as a substitute for professional advice or due diligence.

Avioth reserves the right, at its sole discretion and without notice or liability, to: (a) modify, suspend, or discontinue any feature, content, or functionality of the Site or Services at any time; (b) restrict access to all or any part of the Site or Services; (c) change pricing, terms, or availability of any products or services; (d) terminate any free trial, promotional offering, or contract; and (e) update these Terms at any time as described in Section 16. Your continued use of the Site or Services after any modification constitutes your acceptance of the changes. Avioth shall not be liable to you or any third party for any modification, suspension, or discontinuation.

All content on the Site — text, graphics, logos, images, illustrations, photographs, videos, software, and code — is the exclusive property of Avioth LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions.

The "Avioth" name, logo, and product names (including "TalentForge" and any future product names) are trademarks of Avioth LLC. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal or internal business purposes only. Any other use, including reproduction, redistribution, or modification of any content from the Site, requires our prior written consent.

You agree not to: (a) use the Site or Services in any way that violates any applicable law or regulation; (b) submit false, misleading, or fraudulent information through any contact form or other interaction; (c) attempt to gain unauthorized access to any portion of the Site, related systems, or networks; (d) use automated systems, scrapers, robots, or other methods to access or extract data from the Site without our express written permission; (e) interfere with or disrupt the operation of the Site or Services; (f) introduce viruses, malware, or other harmful code; (g) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or (h) engage in any conduct that could harm Avioth, its users, or its reputation.

Information about Avioth's products (including TalentForge) and services (including software development and consulting) provided on this Site is for informational purposes only and does not constitute an offer or commitment to provide such products or services on any particular terms. Engagements for development services and consulting are governed by separate written agreements between Avioth and the client. Use of any Avioth product (such as TalentForge) is subject to that product's own terms of service, which you agree to upon registering for or accessing the product.

The Site may contain links to third-party websites, services, or resources, including links to our own products and services hosted on different domains. Avioth has no control over and assumes no responsibility for the content, terms, privacy policies, or practices of any third-party sites or services. We do not endorse and are not responsible for any content, products, or services available through such third-party sites. You acknowledge and agree that Avioth shall not be liable for any damage or loss caused by your use of any third-party sites or services.

Avioth shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, internet or telecommunications outages, power failures, cyberattacks, denial-of-service attacks, third-party service failures, supply chain disruptions, or any other force majeure event. In such circumstances, Avioth's obligations shall be suspended for the duration of the event without any liability to you.

Your use of the Site and Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your personal information in accordance with applicable data protection laws including GDPR, CCPA, and other regional regulations. By using the Site, you consent to our collection and use of your information as described in the Privacy Policy.

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. AVIOTH EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AVIOTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR RESULTS OBTAINED THROUGH THE SITE OR SERVICES. WE DO NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF THE SITE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIOTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR SERVICE INTERRUPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVIOTH'S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO AVIOTH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

You agree to fully indemnify, defend, and hold harmless Avioth and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Site or Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you submit to or through the Site; or (e) your violation of any third-party rights.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE, INCLUDING BUT NOT LIMITED TO: THE RISK OF RELYING ON ANY INFORMATION CONTAINED ON THE SITE, THE RISK OF SUBMITTING INFORMATION THROUGH THE SITE, AND ANY OUTCOMES RESULTING FROM YOUR INTERACTION WITH AVIOTH OR ITS PRODUCTS AND SERVICES.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or Services shall be resolved through binding individual arbitration administered under the rules of the American Arbitration Association (AAA). YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST AVIOTH. The arbitration shall take place in the United States in a location mutually agreed upon by the parties, or as determined by the arbitrator. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Texas for any disputes not subject to arbitration.

We may update these Terms from time to time to reflect changes in our business, technology, legal requirements, or other factors. The "Last updated" date at the top of this page reflects the most recent revision. We will notify you of material changes via a prominent notice on the Site at least 30 days before the changes take effect, where reasonably possible. Your continued use of the Site or Services after the effective date of the updated Terms constitutes your acceptance of the changes.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect.

These Terms, together with our Privacy Policy and any product-specific terms applicable to Avioth's products and services, constitute the entire agreement between you and Avioth regarding your use of the Site and Services and supersede all prior agreements, understandings, representations, and warranties.

Avioth does not directly sell products or services through avioth.com itself. Refunds and cancellations are governed by the terms applicable to the specific product or engagement:

Software Products: Refunds and cancellations for Avioth's software products (including TalentForge) are governed by the product-specific terms of service published on each product's website. For TalentForge, see https://www.talentforge.app/legal/terms.

Software Development Services: Refunds, cancellations, and project modifications for custom software development engagements are governed by the individual statement of work or master services agreement signed between Avioth and the client.

Consulting and Advisory Engagements: Refunds, cancellations, and modifications for technology consulting and advisory engagements are governed by the individual engagement letter or contract signed between Avioth and the client.

For questions about a specific refund or cancellation request, please contact us at contact@avioth.com (general inquiries) or support@avioth.com (product support). We aim to respond to all refund inquiries within one business day.

For questions about these Terms or any other legal matter, please contact us at:

Legal: legal@avioth.com General: contact@avioth.com