Terms of Service

Last updated: May 14, 2026

Welcome to Avail. These Terms of Service ("Terms") govern your access to and use of the Avail website at https://getavail.net and the Avail mobile application (together, the "Services") operated by Innovative Business Solutions Inc. ("IBS," "we," "us," or "our"), the operator of the Avail platform ("Avail"). By creating an account or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the Services.

1. About Avail

Avail is an online marketplace based in Saint Lucia that connects customers with independent service providers ("Providers") offering local services. Avail provides the platform that enables Providers to list services and customers to discover, book, communicate with, and pay Providers. Avail is not a party to any service agreement between customers and Providers.

2. Eligibility

To use the Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete information when creating an account
• Comply with these Terms and all applicable laws

3. Accounts

To use most features of the Services, you must create an account. You may create an account using an email address and password, Apple Sign-In, or Google Sign-In.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying Avail at support@getavail.net of any unauthorized access

You agree not to share your account with anyone, create more than one account, or create an account on behalf of someone else without their consent.

4. Marketplace Role and Independent Contractors

Avail is a marketplace platform only. We do not provide the services listed on the platform. Providers are independent contractors, not employees, agents, or partners of Avail.

• Service agreements are between the customer and the Provider, not with Avail.
• Avail does not control, endorse, or guarantee the quality, safety, accuracy, or legality of any service listed or provided through the platform.
• Avail does not screen Providers beyond identity verification (KYC) and does not warrant the qualifications, certifications, or background of any Provider.
• Any dispute arising from the actual provision of services is between the customer and the Provider, subject to the dispute mechanism set out in Section 11.

5. Provider Obligations

If you use the Services as a Provider, you agree to:

• Complete identity verification through our partner Persona, including providing a valid government-issued ID and biometric face-match
• Provide accurate listing information including services offered, pricing, availability, and qualifications
• Honor the bookings you accept
• Provide services with reasonable care and skill, and in compliance with all applicable laws and regulations
• Maintain any licenses, insurance, or permits required to offer your services lawfully in Saint Lucia
• Comply with applicable tax obligations on income earned through the platform
• Respond to customer communications and disputes in a timely manner

6. Customer Obligations

If you use the Services as a customer, you agree to:

• Provide accurate booking information including service location and any details necessary for the Provider to perform the service
• Make payment in accordance with the booking terms
• Treat Providers with respect
• Honor confirmed bookings, subject to the cancellation policy

7. Payments

Payment processing

All payments made through the Services are processed by our payment processor, PowerTranz (operated by First Atlantic Commerce). When you book a service, your payment method is authorized at the time of booking and captured upon service confirmation or auto-close, in accordance with the booking lifecycle in effect at the time of booking.

Fees and commission

Avail charges a service fee on bookings completed through the platform. The current fee structure is displayed at the time of booking and may be updated from time to time. Updated fees apply only to bookings made after the change is announced.

Payouts

Providers receive payouts to the bank account or payment method they designate. To receive payouts, Providers must provide accurate banking details. Payouts are processed on a schedule communicated to Providers and may be subject to standard banking processing times. Avail is not responsible for delays caused by third-party banking systems.

Currency

All amounts are displayed and processed in the currency indicated at the time of booking.

8. Cancellations and Refunds

Cancellation and refund policies are governed by the cancellation rules in effect at the time of booking and may vary by service category. Customers and Providers should review the applicable cancellation policy before booking or accepting a booking.

If a service is not provided as agreed, customers may raise a dispute through the in-app dispute mechanism (see Section 11).

9. Reviews and User Content

The Services allow you to submit reviews, ratings, listing descriptions, messages, and other content ("User Content").

You retain ownership of your User Content but grant Avail a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, and create derivative works of your User Content for the purpose of operating, promoting, and improving the Services.

You agree not to submit User Content that:

• Is false, misleading, defamatory, harassing, threatening, hateful, or discriminatory
• Infringes any intellectual property, privacy, or other right of any party
• Violates any law or regulation
• Contains spam, advertising, or solicitation unrelated to the booked service
• Includes personally identifying information of others (other than the Provider you are reviewing)

Avail reserves the right to remove User Content that violates these Terms or that we otherwise deem inappropriate, without notice.

10. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose
• Circumvent the platform to arrange payment for services outside Avail (off-platform transactions)
• Engage in fraud, including chargeback abuse, fake reviews, or misrepresentation of services
• Harass, abuse, threaten, or harm other users
• Attempt to gain unauthorized access to other accounts or to Avail's systems
• Interfere with, disrupt, or attempt to reverse-engineer the Services
• Use automated systems (bots, scrapers, crawlers) to access the Services without our written permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Submit false identity verification information

Violation of these prohibitions may result in immediate account suspension or termination, forfeiture of pending payouts, and referral to law enforcement where appropriate.

11. Disputes Between Users

Disputes between customers and Providers regarding the actual provision of services should first be addressed directly between the parties. If direct resolution is not possible, either party may raise a dispute through the in-app dispute mechanism within the timeframe specified in the platform's dispute policy.

Avail may, at its discretion, facilitate communication between the parties, review evidence submitted through the platform, and make a non-binding recommendation. Avail is not obligated to resolve disputes between users and is not a party to the underlying service agreement.

12. Intellectual Property

The Services, including all software, design, text, graphics, logos, and other content (excluding User Content), are owned by Avail or our licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes as a customer or to operate your services as a Provider, in each case subject to these Terms.

You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Services except as expressly permitted by these Terms or applicable law.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion option in your settings.

Avail may suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms, fraudulent or unlawful activity, or extended inactivity.

Upon termination:

• Your right to access the Services ceases immediately
• Any pending bookings will be handled in accordance with the cancellation policy
• Pending payouts may be withheld pending resolution of any outstanding disputes or compliance reviews
• We may retain your information as set out in our Privacy Policy

14. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. AVAIL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Avail makes no warranty that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the Services will be accurate or reliable
• Any specific Provider will be qualified, available, or perform satisfactorily
• Any defects in the Services will be corrected

Avail is not responsible for the conduct, performance, or any acts or omissions of any Provider or customer.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVAIL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AVAIL'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO AVAIL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Avail, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your User Content
• Your violation of any third-party right, including intellectual property or privacy
• Any service you provide or receive through the platform

17. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by and construed in accordance with the laws of Saint Lucia, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith discussion shall be brought exclusively in the courts of Saint Lucia, and you submit to the personal jurisdiction of those courts.

18. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by an updated "Last updated" date at the top of these Terms. If we make material changes, we may notify you by prominently posting a notice on the Services or by direct notification. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.

19. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Avail regarding the Services.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver. Avail's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. Avail may assign these Terms without restriction.
• Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

20. Contact

If you have questions about these Terms, contact us at:

Innovative Business Solutions Inc. Rodney Bay, Castries Saint Lucia

Email: support@getavail.net