5.1 Subscription Plans

Services are provided on a subscription basis to union organizations. Pricing is typically per-seat based on active member count and specified in your union's service agreement.

5.2 Payment Terms

Subscriptions renew automatically unless cancelled. Payment is due in advance for each billing period. We may modify pricing with 30 days' written notice. Overdue accounts may result in service suspension.

5.3 Refunds

Refunds are generally not provided for partial billing periods. Refund requests are considered case-by-case. Disputed charges must be reported within 60 days.

5.4 Suspension for Non-Payment

We may suspend Service for overdue accounts after reasonable notice.

6.1 Permitted Uses

Use the Service only for lawful purposes connected to legitimate union and labor-relations activities.

6.2 Prohibited Activities

You agree not to: break the law; access the Service without authorization; disrupt or overload systems; introduce malware; harass others; reverse-engineer; automate scraping; share credentials; circumvent limits; violate third-party rights; or impersonate others.

6.3 Content Standards

User content must not violate laws, infringe IP, be defamatory/obscene, violate privacy/confidentiality, or disclose third-party trade secrets.

7.1 Our IP

All content, features, and functionality of AviChat (software, text, design, etc.) are owned by AviChat and protected by applicable IP laws.

7.2 User Content License

You retain ownership of content you submit. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content solely to: (a) provide, secure, and maintain the Service; (b) troubleshoot, test, and improve product features; and (c) comply with law.

Québec & privacy safeguard: We do not use identifiable user content from Québec users to train AI models unless (i) your organization has enabled training at the admin level and (ii) the user has provided express, specific, informed consent where required by law.

7.3 AI Training Data

We may use aggregated and de-identified interaction data to improve our models and services, subject to our Privacy Policy. Québec users: we will not use your personal information for model training without express consent, and cross-border transfers (if any) will be subject to privacy impact assessments and appropriate safeguards.

8.1 AI Response Disclaimers

AI responses may contain errors and are not legal, financial, employment, or professional advice. Always verify important decisions with authoritative sources or qualified professionals.

8.2 Model Training and Improvement

We continuously improve our AI models using aggregated data. Limited human review may occur for quality assurance. Personal identifiers are removed from training datasets. Opt-out: you may opt out of model-improvement uses as described in the Privacy Policy; for Québec users, the default is opt-out unless express consent is obtained.

8.3 AI Availability

AI services rely on third-party providers and may experience interruptions. Response times and quality may vary. We do not guarantee continuous availability.

8.4 Non-Reliance for Grievance Deadlines & Escalation

The Service may reference timeframes in a collective agreement, but it does not compute or confirm grievance filing deadlines, limitation periods, or procedural cut-offs, and outputs may be incomplete or incorrect. You agree not to rely on the Service for any such deadlines.

For clarity, this Section does not limit any non-waivable statutory rights or duties under applicable labour law (including a union's duty of fair representation) and, in Québec, applies subject to the carve-outs in Section 11.4.

8.5 Decision-Making Non-Reliance

You agree not to make decisions or take actions that could affect your employment, rights, deadlines, benefits, or safety based solely on outputs from the Service. You are solely responsible for verifying all information through official sources and with a union representative before acting.

For clarity, this Section does not limit any non-waivable statutory rights or duties under applicable labour law (including a union's duty of fair representation) and, in Québec, applies subject to Section 11.4.

11.1 Limitation of Damages

AVICHAT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OPPORTUNITY COSTS, SUBSTITUTE PROCUREMENT, OR DAMAGES RESULTING FROM RELIANCE ON AI-GENERATED CONTENT.

11.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.3 Essential Purpose

These limitations reflect the allocation of risk between the parties and are an essential element of the bargain.

11.4 Québec Carve-Outs (CCQ 1474)

For users in Québec, nothing in these Terms excludes or limits liability for: (a) intentional or gross fault; or (b) bodily or moral injury where such exclusion/limitation is prohibited by law. Any limitation applies only to economic loss arising from ordinary fault and shall not eliminate AviChat's essential obligations.

11.5 Missed Grievance Deadlines

To the maximum extent permitted by law, AviChat is not liable for losses, costs, or damages arising from missed grievance filing deadlines, limitation periods, or procedural cut-offs resulting from reliance on AI-generated content or the Service, provided that this Section does not limit any non-waivable statutory rights or duties under applicable labour law (including a union's duty of fair representation) and is subject in Québec to the carve-outs in Section 11.4.

13.1 Active Accounts

We retain data while your account remains active for Service delivery, security, and audit.

13.2 Account Termination

Upon termination, personal data is deleted within 90 days unless law requires longer retention or a legal hold applies. Aggregated/anonymized data may be retained. You may request deletion of specific categories, subject to legal exceptions.

13.3 Legal Holds & Limitation Periods

We may retain certain logs and records for the longest applicable limitation period (including three years in Québec) plus a reasonable buffer to establish, exercise, or defend legal claims.

13.4 Data Export

Before termination, you may request export of your data in standard formats.

15.1 By You

You may terminate your account at any time via in-app controls or by contacting us.

15.2 By Us

We may terminate or suspend your account for material breach, illegal activity, fraud, extended non-payment (for paid accounts), or upon a lawful request from authorities.

15.3 Effect of Termination

Your right to use the Service ceases immediately. Data deletion occurs per Section 13. Terms that by nature survive will continue to apply.

16.1 Informal Resolution

Before formal proceedings, parties will attempt good-faith resolution for at least 30 days.

16.2 Governing Law

These Terms are governed by the laws of Canada and the province of Ontario without regard to conflict-of-law rules.

For users in Québec: to the extent required by law, these Terms are governed by the laws of Québec and the federal laws of Canada applicable therein.

16.3 Jurisdiction

Courts in Toronto, Canada, have exclusive jurisdiction over disputes.

For users in Québec: to the extent required by law, disputes shall be brought before the courts of Québec in your local judicial district.

16.4 Limitation Period

Any claim must be filed within one (1) year after it arose, or it is barred, except where such a contractual limitation is prohibited by law.

For users in Québec: statutory prescription periods apply (typically three (3) years).

19.1 Modification Rights

We may modify these Terms. Material changes will be communicated by email to admins, a prominent in-Service notice, and an updated effective date.

19.2 Acceptance of Changes

Continued use after the effective date constitutes acceptance.

For users in Québec: we will not unilaterally reduce your rights or increase your obligations without your express consent. Where required by law for contracts of adhesion, material changes take effect only after you have had the chance to review the French version and accept.