Terms of Service

These Terms of Service (“Terms”) are an agreement between you and AVEVUE LLC (“avevue,” “we,” “us”). They apply when you use avevue.com, our client portal, the proposals and Scopes of Work we share with you, and our subscription products. By using any of them, you agree to these Terms. If you’re using them on behalf of a business, you agree for that business and confirm you’re authorized to do so.

Project work is also governed by the proposal, Scope of Work (“SOW”), or other written agreement you accept. If that agreement conflicts with these Terms, that agreement controls.

You must be at least 18 years old and able to enter a binding contract. Our services are for business use. If you create an account, give us accurate information, keep your sign-in details confidential, and tell us promptly at connect@avevue.com if you suspect unauthorized use. You’re responsible for activity under your account.

We offer two kinds of services:

• Agency services. Custom work such as brand strategy, websites, marketing, automation, and AI systems. The scope, deliverables, schedule, and price of each engagement are set out in its proposal and SOW.
• Platform subscriptions. Hosted software for businesses, such as our menu product and our menu and booking product, billed as a monthly subscription. The plan and price are confirmed with you before your subscription starts.

We may improve or change features of the site and our platform products over time. If we make a change that materially reduces a subscription you pay for, we’ll tell you in advance.

A proposal describes the work we recommend and its price. An SOW sets out the agreed scope, deliverables, schedule, and fees for an engagement. An engagement begins once you accept the SOW and any required deposit is paid.

You can approve an SOW electronically by signing it through the link we send you. Your electronic signature has the same effect as a handwritten one. We keep a record of the approved version, and changes to scope after approval are handled through a written change order that may adjust the schedule and fees.

Agency services

We invoice according to the payment schedule in your SOW, which typically includes a deposit to begin work followed by milestone payments. Unless your SOW or invoice says otherwise, invoices are due within 15 days of the invoice date. If an invoice is more than 15 days overdue, we may pause work until it’s paid, and the schedule will move accordingly. Pre-approved third-party costs, such as software licenses, stock assets, or paid media, are billed as stated in your SOW.

Platform subscriptions

Subscriptions are billed monthly in advance, in U.S. dollars, through our payment processor, Stripe. Your subscription renews automatically each month until you cancel, and you authorize us to charge your payment method on each renewal. Your price stays the same unless we give you at least 30 days’ notice of a change. If a payment fails, we’ll let you know and give you a chance to update your payment method before the subscription is canceled.

Taxes

Prices don’t include taxes. You’re responsible for any sales, use, or similar taxes that apply, other than taxes on our income.

Platform subscriptions

You can cancel at any time through the secure billing portal link we send you, or by emailing connect@avevue.com. Cancellation takes effect at the end of your current billing period, and your service stays active until then. After that, your menu and bookings go offline, and your content is kept so you can pick up where you left off if you resubscribe. We don’t provide refunds or credits for partial months.

Agency services

• A deposit reserves our team’s time for your engagement and is non-refundable once work has started.
• Payments for work that has been delivered or completed are non-refundable.
• Either of us may end an engagement as provided in the SOW, or, if the SOW doesn’t say, with written notice. You’ll pay for work performed and pre-approved costs incurred through the end date, and we’ll refund any amount you prepaid for work not yet performed.

Billing errors

If you’re charged in error, such as a duplicate charge or a charge after your cancellation took effect, email connect@avevue.com within 60 days and we’ll refund it. Please contact us before disputing a charge with your bank; most issues are faster to fix directly.

Good work depends on both sides. You agree to provide the information, content, feedback, approvals, and system access we reasonably need, when we need it. Delays in these can move the schedule. You confirm that you have the rights to everything you give us, such as logos, photos, copy, and data, and that our use of it for your project won’t infringe anyone else’s rights. You’re responsible for reviewing deliverables before they’re published, including checking that claims about your business are accurate and that the content meets the legal requirements of your industry.

• Your deliverables. Once you’ve paid in full, you own the final deliverables we create specifically for you under an SOW, unless the SOW says otherwise.
• Our tools. We keep ownership of the tools, code libraries, templates, frameworks, and know-how we had before your engagement or develop for general use. Where they’re part of your deliverables, you receive a perpetual, non-exclusive license to use them as part of those deliverables.
• Third-party materials. Fonts, stock assets, plugins, and open-source software included in your deliverables stay subject to their own licenses.
• Our platform. We own our platform products and the avevue site. A subscription gives you the right to use the platform while it’s active; it doesn’t transfer ownership of the software.
• Your content. You own the content you put into our platform or portal, such as menus, photos, and files. You give us permission to host, display, and process it as needed to provide the service.
• Portfolio. We may show completed public work in our portfolio and name you as a client, unless you ask us not to in writing or our agreement is confidential.

You agree not to:

• use our site or services for anything unlawful, deceptive, or harmful;
• upload content that infringes someone else’s rights, or that contains malware;
• try to access accounts, data, or systems you’re not authorized to access, or interfere with the security or operation of our services;
• scrape, copy, or resell our site or platform, or use automated means to submit forms or create accounts; or
• use our booking product to send spam or collect information from people without their consent.

Our services work with third-party services, such as Stripe for payments, Google for sign-in, and the hosting, domain, and software providers used in your project. Your use of those services is governed by their own terms, and we’re not responsible for them. Links to other websites are provided for convenience and don’t mean we endorse them.

We use AI tools to research, draft, and build, and our team reviews that work before we deliver it. AI can make mistakes, so deliverables still go through your review and approval like any other work. Our Privacy Policy explains how information is handled when these tools are used.

Each of us may share non-public business information with the other during our work together. We’ll each use the other’s confidential information only to carry out the engagement and protect it with reasonable care. This doesn’t apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is received from someone else without restriction. Either of us may disclose confidential information when the law requires it.

We stand behind our work, and your SOW describes what we deliver. Beyond that, our site and services are provided “as is” and “as available,” and to the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We don’t guarantee specific business results, such as search rankings, traffic, leads, bookings, or revenue, because those depend on factors outside our control. Content on our site, including our insights articles, is general information, not legal, financial, or professional advice.

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility. Our total liability for any claim arising from these Terms or our services is limited to the amount you paid us for the service giving rise to the claim in the 12 months before the claim arose. These limits don’t apply to your payment obligations, to either party’s indemnification obligations, or where the law doesn’t allow them.

You agree to defend and indemnify avevue against third-party claims arising from content or materials you provide to us, your use of our services in violation of these Terms, or your violation of law or someone else’s rights, including reasonable legal fees.

We may suspend or end your access to our site, portal, or platform products if you seriously or repeatedly breach these Terms, fail to pay amounts that are overdue, or use our services in a way that creates legal or security risk. Where reasonable, we’ll give you notice and a chance to fix the problem first. Sections that by their nature should survive, including payment, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification, survive termination.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. If a dispute comes up, contact us first at connect@avevue.com; we’ll both try in good faith to resolve it informally within 30 days. If we can’t, the dispute will be decided exclusively by the state and federal courts located in Mecklenburg County, North Carolina, and both of us consent to the jurisdiction of those courts.

We may update these Terms from time to time. When we do, we’ll update the effective date at the top, and for material changes we’ll give notice, such as by email or a notice on the site, before they take effect. Changes don’t alter an SOW you’ve already signed. Continuing to use our services after changes take effect means you accept them.

These Terms, together with any proposal, SOW, or other written agreement between us, are the entire agreement on their subject. If any part is found unenforceable, the rest stays in effect. Not enforcing a provision isn’t a waiver of it. You may not assign these Terms without our written consent; we may assign them as part of a merger, acquisition, or sale of assets. Neither of us is responsible for delays caused by events beyond our reasonable control, such as outages, natural disasters, or government action. We’re independent contractors, and nothing in these Terms creates a partnership, joint venture, or employment relationship.