Terms of Service

1. Scope of Services

The Site provides information regarding Avera's locally deployed compliance infrastructure software and related evaluation opportunities.

Access to pilot programs, evaluation deployments, or paid subscriptions requires a separate written agreement. In the event of any conflict between these Terms and a signed written agreement between Avera and a customer, the signed written agreement controls.

2. No Regulatory or Legal Advice

Avera provides technical software infrastructure designed to support evidentiary documentation and device record continuity within regulated environments.

Avera does not provide legal advice, regulatory certification, audit guarantees, or representations of compliance with HIPAA or any other law or regulation. Users and customers remain solely responsible for their regulatory compliance obligations and operational decisions.

3. Acceptable Use

You agree not to:

• Misrepresent your identity or affiliation
• Attempt unauthorized access to the Site or related systems
• Interfere with Site security or functionality
• Submit unlawful, sensitive, or Protected Health Information (PHI) through Site forms
• Use the Site in violation of applicable laws

4. Intellectual Property

All content, branding, materials, software descriptions, and related intellectual property displayed on the Site are owned by Guanso Systems LLC and presented under the trade name Avera Systems.

No rights or licenses are granted except as expressly stated.

5. Early Access and Pilot Programs

Submission of an Early Access request does not create a contractual relationship.

Any evaluation access or pilot deployment, if granted, will be governed exclusively by a separate written Pilot Evaluation Agreement executed between Avera and the applicable organization.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVERA'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

8. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVERA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REGULATORY EXPOSURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Third-Party Services

The Site may rely on third-party infrastructure, hosting, and authentication providers. Avera is not responsible for the independent actions or policies of such third parties.

10. Eligibility

The Site is intended for use by individuals who are at least eighteen (18) years of age and capable of entering into legally binding agreements.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Force Majeure

Avera shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet service disruptions, or other force majeure events.

14. Changes to Terms

Avera may update these Terms from time to time. The updated version will be posted with a revised Effective Date. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

15. Contact

Questions regarding these Terms may be directed to: jmylsg@averasystems.com