Terms of Service

Avently lets an event host send WhatsApp invitations to a list of guests, ask follow-up questions, and collect the replies into a Google Sheet. Messages are sent from a WhatsApp business number operated by Avently and shared by all hosts.

You are the sender.You decide who is invited, what the invitation says, and what is asked. Avently sends and receives messages on your instructions. Guests are not Avently’s customers, and Avently has no relationship with them other than delivering your messages and recording their replies.

You must be at least 18 years old and able to enter a binding contract. You are responsible for keeping your sign-in method secure and for everything done through your account.

Because you are the sender, you are responsible for the guest list and for what is sent. You confirm that:

• ·You personally know every guest on a list you submit, or you otherwise have a lawful basis to contact them, and they would reasonably expect an invitation from you about this event.
• ·You comply with all laws that apply to your messages and to your guest list, including Canada’s Anti-Spam Legislation (CASL), the federal Personal Information Protection and Electronic Documents Act(PIPEDA), Quebec’s Law 25 if any guest is a Quebec resident, the United States Telephone Consumer Protection Act (TCPA), and the privacy and electronic-marketing laws of any place where your guests are. If your event is commercial (for example a corporate event, a product launch, or a ticketed or sponsored event), you are responsible for obtaining any consent those laws require before adding a guest to your list.
• ·You give guests the notice the law requires.Because you decide who is invited and why, you are the organisation accountable to your guests for their personal information. You are responsible for telling them, at or before the time you collect it, that their name and number will be used to invite them and that Avently sends the messages on your behalf. Avently’s Privacy Policy describes what we do with the list; it does not give your guests notice for you.
• ·You did not obtain phone numbers from a purchased, rented, or scraped list.
• ·Your invitation image, welcome message, and questions are yours to use, and are not unlawful, misleading, harassing, defamatory, or infringing.
• ·You will not use follow-up questions to collect more personal information than the event needs, and you take responsibility for any sensitive information (such as health or dietary details) you choose to ask for.
• ·Where a guest is under 18, you have the authority to share their information and to contact them.

Before each launch you will be asked to confirm these points for that guest list. That confirmation is part of these Terms.

You agree not to use the Service to:

• ·Send messages to people who have not agreed, or would not reasonably expect, to hear from you.
• ·Send marketing or promotional messages beyond what Meta permits for the WhatsApp Business Platform.
• ·Message anyone who has opted out, through Avently or otherwise.
• ·Send unlawful, harassing, defamatory, fraudulent, or deceptive content, or impersonate any person or organisation.
• ·Interfere with, probe, or disrupt the Service or its infrastructure.
• ·Resell, sublicense, or reverse-engineer the Service, or use it to build a competing product.

Invitations on the free and monthly plans launch automatically, and paid launches release once payment is completed. We may delay, decline, or cancel any launch, or suspend or terminate any account, at our sole discretion and without liability to you, including where we believe a guest list, message, or host poses a risk to guests, to other hosts, to the shared WhatsApp sender number, or to Avently’s standing with Meta. We will usually tell you the reason, but we are not obliged to. Guest complaints, blocks, and low delivery quality attributable to your messages are grounds for suspension.

We do not undertake to check your list. Avently has no obligation to review, monitor, verify, or correct any guest list, message, image, or question, and does not do so as a matter of course. Sending a launch is not an approval, an endorsement, or a finding that your list or content complies with these Terms or with any law. You remain solely responsible for your guest list and content whether or not a launch is sent, and nothing in this section creates a duty of care to you or to your guests.

Messages are delivered through Twilio on Meta’s WhatsApp Business Platform. Your use of the Service is also subject to Meta’s WhatsApp Business Terms. The wording of the invitation message itself is fixed by templates Meta has approved; you control the image and the follow-up conversation. Meta and Twilio may block, delay, or rate-limit messages for reasons outside our control, and Meta may restrict the sender number independently of these Terms. We have no control over whether a particular guest’s phone receives a message.

You may optionally connect your Google account so that Avently can create guest-list spreadsheets in your Google Drive. By connecting, you authorise us to create files in your Drive and to share them with our service account, as described in the Privacy Policy. You can disconnect at any time. Spreadsheets we create belong to you.

You keep ownership of everything you upload or write in the Service. You grant Avently a worldwide, non-exclusive, royalty-free licence to store, copy, transmit, and display that content, and to share it with the providers named in the Privacy Policy, solely to operate the Service for you. Avently owns the Service itself, including its software, design, and message templates.

Current prices are listed at avently.studio/pricing. Events within the free tier cost nothing. Paid events are charged once, in Canadian dollars, at the moment you submit the invitations for sending, through our payment processor, Stripe. We never see or store your card details.

Monthly plans.If we agree a monthly plan with you by email, it is billed monthly in advance at the price and on the terms set out in that email, and events you send while the plan is active are not charged individually. A plan described as “unlimited” is subject to fair use: it covers your own organisation’s events, at volumes consistent with ordinary event hosting. Every event remains subject to the per-event invitation limit and to “Release, refusal, and suspension” above. If we reasonably consider your use excessive, or find that the plan is being used to send on behalf of others, we may limit your sending, move you to per-event pricing, or end the plan by giving you notice. Plan fees for a month that has already begun are not refundable.

Prices are exclusive of applicable taxes. Where we are required to charge sales tax, it will be added at checkout and shown before you pay.

Payments are final once invitations have been sent. If a paid launch fails on our side before any invitation is sent, contact us and we will refund it in full. We may change prices with at least 14 days’ notice; a change never affects an event you have already paid for. Third-party messaging costs are included in the price.

You may stop using the Service at any time and may ask us to delete your account by emailing the address below. We may suspend or terminate your access as described under “Release, refusal, and suspension” or if you breach these Terms. Sections about your responsibilities, your content, disclaimers, limitation of liability, indemnity, and governing law survive termination.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that any message will be delivered or read, that responses will be recorded correctly, or that any third-party service (including WhatsApp, Twilio, and Google) will remain available.

To the maximum extent permitted by law, Avently is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Service or these Terms, however caused.

To the maximum extent permitted by law, Avently’s total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the fees you paid to Avently in the 12 months before the claim arose and (b) CAD $100.

Ontario consumers. Nothing in these Terms limits, waives, or excludes any right, remedy, warranty, or guarantee you have under the Ontario Consumer Protection Act, 2002 where that Act applies to you, and no provision of these Terms requiring you to waive such a right applies. Where that Act applies, the disclaimers and limits above operate only to the extent it permits.

Other jurisdictions. Some places do not allow the exclusion of implied warranties or the limitation of certain damages, including consumer protection, product quality, and unfair-terms rules in other Canadian provinces (including Quebec) and outside Canada. Where such a law applies to you, the exclusions and limits above apply only to the extent that law permits, and our liability is limited to the fullest extent it allows. Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or anything else that cannot be excluded by law.

You will defend, indemnify, and hold harmless Avently and its owners, employees, and contractors from any claim, demand, loss, liability, penalty, or expense (including reasonable legal fees) arising out of or relating to: your guest lists and how you obtained them; the content of your messages, images, and questions; any complaint by a guest or a regulator about messages sent on your behalf; your breach of these Terms or of any law; or any action Meta, Twilio, or Google takes because of your use of the Service.

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-law rules. You agree that the courts located in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you waive any objection to that venue. Nothing in this section prevents either party from seeking urgent injunctive relief in any competent court.

These Terms and the Privacy Policy are the entire agreement between you and Avently about the Service. If any part is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor of the Service.

We may modify these Terms from time to time. Material changes will be communicated by email or a prominent dashboard notice at least 14 days before they take effect, unless a change is required sooner by law or to address a security or legal risk. Continued use after the effective date constitutes acceptance.

Questions about these Terms: info@avently.studio