Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Avikiva™ website located at Avikiva.com ("Site") and the purchase and use of any services offered by DNVR LLC d/b/a Avikiva™ ("Avikiva™," "we," "us," or "our").

By accessing the Site, submitting a contact or booking form, or purchasing any service, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or purchase our services.

These Terms apply to all visitors, users, and clients. For clients who have executed a separate Client Service Agreement, the terms of that agreement govern the specific service engagement and these Terms apply to your general use of the Site.

The Services

Avikiva™ offers three products to small businesses throughout the United States: the AI Visibility Audit, the Vikibility™ Codex publication, and Monthly Monitoring. All audits are performed by Viki, Avikiva™'s proprietary AI Visibility Audit tool, and reviewed by a human advisor prior to delivery. The Vikibility™ Codex is a custom-published written work prepared by Avikiva™ based on the results of a pre-Audit; Avikiva™ is the publisher and the Client's developer is the implementer.

AI Visibility Audit — $499 (one-time)

A complete Vikibility™ Score (0–100) plus the full breakdown of all 60 signals tested — what passed, what failed, and what the score reflects. Includes a detailed prioritized action plan with specific instructions for fixing every identified gap, ranked by expected score impact. Human-reviewed for accuracy. Delivered within 1–2 business days of purchase.

Vikibility™ Codex — $1,499 (one-time)

A bundled publication consisting of three parts: (1) a pre-Audit Vikibility™ Score and 60-signal gap map establishing the Client's baseline, (2) a custom-published Vikibility™ Codex containing code blocks engineered to close the specific signal gaps identified in the pre-Audit, and (3) a post-Audit Vikibility™ Score verifying the lift after the Client's developer has implemented the Codex. Pre-Audit and Codex publication delivered within 3–5 business days of purchase; post-Audit follows the Client's implementation.

Monthly AI Visibility Monitoring — $199/month

Available following any AI Visibility Audit. Includes monthly re-testing across all 60 signals, visibility score tracking, signal update recommendations, and a one-page Monthly Visibility Summary report. Provided on a month-to-month basis with no long-term contract. Cancel at any time.

Service Scope

Avikiva™ services are advisory, reporting, and publishing services only. Avikiva™ does not implement website changes, submit directory listings, update schema markup, deploy code, create content, manage social media, run paid advertising, or provide any other execution services. Implementation of audit recommendations and of any code blocks contained in the Vikibility™ Codex is solely the Client's responsibility.

Avikiva™ does not provide SEO services, paid advertising management, social media management, website development, or any marketing services outside of AI visibility assessment, publication of the Vikibility™ Codex, and monitoring.

Payments & Fees

Audit and Codex Fees

Fees are due in full at the time of purchase. The applicable fees are $499 (AI Visibility Audit) or $1,499 (Vikibility™ Codex). Work commences immediately upon receipt of payment and submission of the Client's website URL. Fees are non-refundable; see Refunds below.

Monthly Monitoring Fee

Monthly Monitoring is billed at $199 per month, invoiced on the same calendar day each month beginning on the date monitoring commences. Payment is due within five (5) days of invoice.

Late Payment

Accounts more than 10 days past due may be assessed a late fee of 1% per month on the outstanding balance. Avikiva™ reserves the right to suspend services for accounts with outstanding balances until payment is received in full.

Cancellation

Monthly Monitoring may be cancelled at any time by emailing hello@avikiva.com. You will not be charged for any monthly cycle that has not yet begun. No notice period and no cancellation fees apply.

Refunds

Avikiva™ services are work products — written deliverables produced through hours of expert analysis, research, and judgment. Once an audit has been performed and delivered, or a monthly monitoring cycle has been completed, that work cannot be returned, undone, or recovered, in the same way an architect's completed plans cannot be returned after delivery.

Accordingly:

• The AI Visibility Audit ($499) and the Vikibility™ Codex ($1,499) are non-refundable once delivery has commenced. Work commences immediately upon receipt of payment and submission of the Client's website URL.
• Monthly Monitoring fees for any monitoring cycle that has been performed and delivered are non-refundable. Cancellation prevents future charges but does not entitle the Client to a refund of fees already paid for completed cycles.
• If Avikiva™ is unable to deliver a purchased service due to circumstances within our control, we will provide a pro-rated refund for undelivered work.

Service Agreement

Deliverables by Service

Upon receipt of payment and the website URL submitted by Client at checkout, Avikiva™ agrees to deliver the following:

• AI Visibility Audit ($499): Complete Vikibility™ Score (0–100), full 60-signal breakdown with pass/fail status, human accuracy review, and a prioritized action plan with specific fix instructions for every identified gap ranked by expected score impact. Delivered within 1–2 business days.
• Vikibility™ Codex ($1,499): A bundled publication consisting of (a) a pre-Audit Vikibility™ Score and 60-signal gap map, (b) a custom-published Codex containing code blocks engineered to close the gaps identified in the pre-Audit, and (c) a post-Audit Vikibility™ Score verifying the lift after the Client's developer has implemented the Codex. The Codex is a publication; Avikiva™ is the publisher and the Client (or the Client's chosen developer) is the implementer. Pre-Audit and Codex publication delivered within 3–5 business days of purchase; post-Audit follows the Client's implementation.
• Monthly Monitoring ($199/month): Monthly re-test across all 60 signals, score tracking, signal update recommendations, and a one-page Monthly Visibility Summary. Delivered within 5 business days of each monitoring cycle.

Delivery Timeline

Delivery timelines begin upon receipt of payment in full and the website URL submitted by Client at checkout. If Avikiva™ requires additional information from Client to complete the audit accurately, Avikiva™ will contact Client directly; any delay caused by Client's failure to respond to such a request will extend the delivery timeline accordingly. Avikiva™ will notify Client if any delay is anticipated for reasons within Avikiva™'s control.

Ownership of Deliverables

Upon payment in full, Client owns the audit report and any monthly summary reports delivered to them. Avikiva™ retains all rights to its underlying methodology, scoring system, Viki audit tool, query protocols, and proprietary processes. Nothing in these Terms transfers any right, title, or interest in Avikiva™'s methodology or tools to Client.

Client Information License

Client grants Avikiva™ a limited, non-exclusive license to access and review Client's publicly available web presence, business listings, review platforms, and online content for the purpose of performing the Services. This license terminates upon termination of the service relationship.

Client Cooperation

Client agrees to provide an accurate website URL at the time of purchase and to respond promptly to any follow-up questions Avikiva™ may send to complete the audit. The accuracy of the audit depends in part on the accuracy of information provided by Client.

No Guaranteed Results

AI search platforms — including ChatGPT (OpenAI), Perplexity AI, Claude (Anthropic), and Google AI Overviews — are independently operated, proprietary systems. Avikiva™ has no control over, affiliation with, or influence over these platforms and their recommendation outputs.

These platforms continuously update their underlying models, training data, retrieval systems, and recommendation algorithms. Visibility positions can change as a result of platform updates, competitor actions, or other factors entirely outside Avikiva™'s control.

Avikiva™ guarantees:

• A thorough, professionally conducted audit delivered within the specified timeframe
• An honest, evidence-based assessment of your current AI visibility
• A clear, prioritized action plan based on our best professional judgment
• Monthly monitoring conducted using our established protocol

Avikiva™ does not guarantee:

• That your business will appear in any specific AI platform's recommendations
• Any specific improvement in visibility score over any time period
• Any specific number of leads, customers, or revenue attributable to the services
• That improvements achieved will be maintained indefinitely

Results will vary based on your industry, competitive landscape, current baseline signals, the speed and quality of implementing recommendations, and the ongoing behavior of AI platforms.

Non-Exclusivity

Avikiva™ provides its services on a strictly non-exclusive basis. Avikiva™ markets to and works with small businesses across all industries and geographies, and engaging Avikiva™ does not entitle any client to category, geographic, market, or competitive exclusivity of any kind.

By purchasing any Avikiva™ service, you acknowledge and agree that:

• Avikiva™ may simultaneously market to, sell to, and provide identical services to any other business, including businesses operating in your same industry, your same geographic market, your same service area, or in direct competition with you
• Two or more direct competitors may purchase Avikiva™ services concurrently or at any time, and Avikiva™ will deliver each engagement to the same professional standard without disclosing the existence, identity, scope, results, or recommendations of any other client engagement
• The Avikiva™ methodology, audit framework, and recommendations are not proprietary to any one client and may produce overlapping or similar guidance for businesses with similar baseline signals — this is an inherent feature of an objective, signal-based assessment, not a breach of any duty owed to you
• Avikiva™ does not, and will not, agree to refrain from working with any prospective or existing client based on any other client's industry, location, competitive position, or request — and any verbal, written, or implied claim to the contrary by any salesperson, contractor, or representative is not authorized and is not binding on Avikiva™
• Improvements in your Vikibility™ Score, AI visibility, or competitive position are not diminished, devalued, or breached by the simultaneous engagement of any other client, including a direct competitor

This non-exclusivity policy is a material term of the agreement between you and Avikiva™. If exclusivity is essential to your purchasing decision, do not purchase Avikiva™ services.

Independent Sales Agents

Avikiva™ may engage independent sales agents, contractors, referral partners, and resellers (collectively, “Sales Agents”) to market and sell its services. Sales Agents are not employees of Avikiva™ or DNVR LLC, are independent contractors, and have only the limited authority described in this section.

Sales Agents are authorized only to:

• Describe Avikiva™'s services as published on Avikiva.com and in current Avikiva™ sales materials
• Quote pricing at the rates published by Avikiva™ at the time of sale
• Collect intake information and submit qualified prospects to Avikiva™ for engagement

Sales Agents are not authorized to, and have no authority to:

• Make any guarantee, promise, or representation about specific Vikibility™ Score outcomes, AI platform rankings, lead volume, revenue, customer acquisition, or any other result
• Modify, waive, discount, extend, bundle, or otherwise alter Avikiva™'s published pricing, scope of services, deliverables, timelines, refund terms, or any provision of these Terms
• Add services, deliverables, or work product not included in Avikiva™'s published service descriptions (including, without limitation, content writing, website edits, schema implementation, ongoing optimization, or done-for-you services)
• Grant exclusivity of any kind — geographic, category, market, or otherwise — in conflict with Section 06
• Represent themselves as employees, officers, or principals of Avikiva™ or DNVR LLC, or hold themselves out as having authority beyond what is granted in this section
• Represent that Avikiva™ has partnerships, certifications, accreditations, endorsements, or affiliations not expressly published on Avikiva.com
• Bind Avikiva™ to any agreement, side letter, oral commitment, or course of dealing not reflected in these Terms or a signed Avikiva™ engagement letter

Any statement, promise, guarantee, representation, or commitment made by a Sales Agent that is inconsistent with, in addition to, or in conflict with these Terms or Avikiva™'s published service descriptions is unauthorized, is not binding on Avikiva™, and will not be honored. The written Terms on this page, together with any signed Avikiva™ engagement letter and the service description for the specific service purchased, constitute the entire agreement between you and Avikiva™ and supersede any prior or contemporaneous oral or written representation by any Sales Agent or any other person.

If a Sales Agent has made any statement to you that is not consistent with this page, you should not rely on it. Before purchasing, you are encouraged to verify the scope, pricing, deliverables, and terms of any service directly with Avikiva™ at hello@avikiva.com or (720) 441-3636.

Avikiva™ reserves the right, in its sole discretion, to terminate any Sales Agent relationship, decline any prospect submitted by a Sales Agent, refund any payment collected based on an unauthorized representation in lieu of performing services not included in Avikiva™'s published scope, and pursue any remedy available against a Sales Agent who has acted outside the scope of authority granted in this section. Such remedies are between Avikiva™ and the Sales Agent, and do not create any additional obligation of Avikiva™ to the client beyond the published scope of the service purchased.

Client Responsibilities

To receive the full benefit of Avikiva™ services, you agree to:

• Complete the intake form accurately and completely within a reasonable time of booking
• Provide truthful, accurate information about your business, services, and market
• Notify Avikiva™ promptly of any material changes to your business that may affect your visibility signals
• Implement audit recommendations in a timely manner if you wish to improve your visibility score
• Use the Site and services only for lawful purposes
• Not attempt to reverse-engineer, reproduce, or resell Avikiva™'s methodology, reports, or proprietary materials

You represent and warrant that you have the right and authority to engage Avikiva™ to review your business's publicly available online presence and that doing so does not violate any agreement you are party to.

Intellectual Property

Avikiva™ Property

All content on Avikiva.com — including text, design, graphics, logos, and the Avikiva™ name and brand — is the property of DNVR LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without express written permission.

Avikiva™'s audit methodology, scoring framework, five-dimension model, intent scenario protocol, and related proprietary processes ("Company Methodology") are the exclusive intellectual property of DNVR LLC. Delivery of audit reports to you does not transfer any rights in the Company Methodology.

Your Reports

The specific audit report and monthly summary reports prepared for your business are yours upon delivery and full payment. You may use them internally, share them with your team, and implement their recommendations. You may not resell, license, or publish them publicly without our consent.

Your Content

Any information, materials, or content you provide to Avikiva™ remains your property. You grant Avikiva™ a limited license to use that information solely to perform the services you have engaged us to provide.

Confidentiality

Both parties agree to maintain as confidential any non-public information received from the other party in connection with the services. Avikiva™ will not disclose your business information, audit results, or competitive intelligence to third parties without your consent.

You agree to maintain as confidential Avikiva™'s proprietary methodology, pricing structures, and business processes. This obligation survives termination of the service relationship.

Confidentiality obligations do not apply to information that is or becomes publicly available through no breach of this agreement, or that is required to be disclosed by law or court order.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIKIVA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO AVIKIVA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL AVIKIVA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, EVEN IF AVIKIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the legal theory under which the claim is brought — whether contract, tort, statute, or otherwise. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless DNVR LLC, its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms
• Any inaccuracy in information you provided to Avikiva™
• Your use or implementation of any recommendations in our reports
• Your violation of any applicable law or the rights of a third party

Termination

You may cancel a Monthly Monitoring engagement at any time by emailing hello@avikiva.com. Avikiva™ may terminate a Monthly Monitoring engagement with 30 days written notice.

Avikiva™ reserves the right to terminate or suspend access to the Site or services, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or harmful conduct, or failed to pay amounts owed.

Upon termination: all fees due through the termination date remain payable; Avikiva™ will deliver a final summary covering work completed through the termination date; provisions of these Terms that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and indemnification) will continue in effect.

Dispute Resolution

If a dispute arises between you and Avikiva™, we ask that you first contact us directly at hello@avikiva.com to attempt informal resolution. Most issues can be resolved quickly through direct communication.

If informal resolution is unsuccessful within 30 days, the parties agree to submit the dispute to non-binding mediation. If mediation does not resolve the dispute within 60 days, it shall be submitted to binding arbitration before a single arbitrator mutually agreed upon by the parties, conducted virtually via video conference or in person in Laramie County, Wyoming.

Each party shall bear its own costs and attorneys' fees in connection with any mediation or arbitration.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action.

Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming.

If you are accessing our services from outside the United States, you are responsible for compliance with local laws and regulations to the extent applicable.

General Provisions

Entire Agreement

These Terms, together with any executed Client Service Agreement and our Privacy Policy, constitute the entire agreement between you and Avikiva™ regarding the subject matter hereof and supersede all prior discussions and agreements.

Modifications

We may update these Terms from time to time. The updated version will be posted at Avikiva.com/terms.html with a revised "Last Updated" date. Your continued use of the Site or services after changes are posted constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Avikiva™. Avikiva™ performs all services as an independent contractor.

Electronic Communications

By using the Site or our services, you consent to receiving communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Contact

Questions about these Terms? Contact us: