Effective Date: January 1, 2023
These Ava Client terms of service, together with our Acceptable Use Policy linked here: https://avaclient.com/politiquedutilisationacceptable, and any order as well as our privacy policy linked here: Privacy Policy, together constitute a binding agreement (collectively, these "Terms") between Ava Client, doing business as AvaClient.com ("Ava Client", "we", "our" or "us") and you or the legal entity you represent ("Client", "you" or "your"), regarding the Services.
By using the Services, or by signing an Order for the Services, you accept and agree to be bound by these Terms. If you do not accept these Terms, you may not use the Services.
Ava Client may update these Terms at any time, at its sole discretion. Ava Client will notify you of changes to these Terms by posting them on the Ava Client website, by email, or through other forms of communication. If you do not accept these change(s), you must stop using the Services. If you continue to use the Services after Ava Client has posted updated Terms, you hereby agree to be bound by these updated Terms.
SECTION 16 "DISPUTE RESOLUTION" CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.
"Applicable Laws" means (i) all relevant federal and state laws, provincial and territorial laws, regulations and government orders including, without limitation, the Telephone Consumer Protection Act (TCPA), Federal Communications Commission Regulations implementing the TCPA, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission's Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), Canadian anti-spam legislation (CASL), Canadian telecommunications rules such as the CRTC's Unsolicited Telecommunications Rules and Decisions; (ii) industry standards or guidelines, including, without limitation, CTIA policies; and (iii) all applicable laws, rules and regulations relating to data privacy protection and consumer protection.
"Authorized User" means any natural person who is an employee of the Client or an affiliate, partner, service provider or any other person or entity that may be authorized by the Client to access the Services in accordance with the Client's rights under this Agreement.
"Client Communications" means communications sent, transmitted or made by Clients or their Authorized Users via the Services, including emails, SMS and MMS messages, telephone calls, communications through websites and other similar communications.
"Client Data" means any data, information, including without limitation, that which identifies or could be used to identify a natural person ("personal information") such as information about your contacts, content or other materials such as Client Marketing Content provided, submitted, posted, or transmitted by the Client or its Authorized Users or otherwise provided by or on behalf of a Client, its service providers, or its End Clients in connection with the Services.
"Services" means, collectively, the Ava Client website located at www.avaclient.com, the Ava Client mobile application, the Ava Client Platform, the Ava Client Tracking Pixel, and any software, features, tools, and services provided by Ava Client through the foregoing, associated documentation, and any other product or service provided by Ava Client.
To use certain features of the Services, you must register and create an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain the security of your account credentials, and (c) be responsible for all activities that occur in connection with your account. You will not allow anyone to use your account other than your employees and authorized personnel. You will immediately notify us if you believe your account has been accessed without authorization or otherwise compromised by emailing us at support@avaclient.com.
To use the Services, you must be at least 18 years of age, be capable of forming a binding contract with Ava Client, and not be otherwise prohibited from using the Services under Applicable Laws. If you do not meet the requirements set forth in this section, you may not use the Services.
Subject to these terms, Ava Client grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely for your own legitimate internal business purposes and only in the manner authorized by these terms. This license will terminate immediately upon termination of your account or these Terms.
The rights granted to you under these Terms are subject to the following restrictions:
You represent and warrant that you will comply with all applicable laws and the acceptable use policy in connection with your use of the Services. Additionally, you are solely responsible for all actions taken by you and your authorized users and for the compliance of your authorized users with these terms.
You are solely responsible for ensuring that all client communications and client marketing content comply with applicable law. The client acknowledges and agrees that Ava Client (i) does not control or monitor client communications, nor does it guarantee the accuracy, integrity, security or quality of such client communications and (ii) is not responsible for obtaining the necessary consents or authorizations from recipients of client communications.
Payment for the Services will be made in accordance with the terms you agreed to in the Order for the applicable Services. You must pay all fees as indicated in your account or in the Order for the applicable Services, by payment card or other digital payment method at the time of registration.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD OF THE SAME DURATION AS THE INITIAL PERIOD AT THE APPLICABLE PRICING LEVEL, (B) AVA CLIENT (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, PLUS ALL APPLICABLE TAXES AND OTHER FEES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR AVA CLIENT SUSPENDS OR DISCONTINUES PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS.
YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY BY EMAIL TO SUPPORT@AVACLIENT OR ADMIN@AVACLIENT.COM. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF AMOUNTS ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If you use the Services in connection with a third-party service, whether through an integration offered by Ava Client or otherwise, you are solely responsible for your use of that third-party service, including any disclosure or other processing of your Client Data in connection with that third-party service.
We use the Zapier automation tool and Parseur service to facilitate certain management and analysis tasks. The use of these services may involve certain Client data being transmitted to these providers solely for the purpose of providing the Services. Zapier and Parseur are subject to their own terms of use and privacy policies.
For more information, see: Zapier Terms, Zapier Privacy, Parseur Terms, Parseur Privacy.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND AVA CLIENT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVA CLIENT, ITS SUBSIDIARIES, AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES. IN NO EVENT SHALL AVA CLIENT'S TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
The Services are hosted on Google Cloud Services in the United States and/or Canada. Here is the website to see where your data may be hosted: https://cloud.google.com/compute/docs/gpus/gpu-regions-zones. We are in no way responsible for data hosting.
Subject to this Section 13, these Terms will remain in effect as long as you use the Services. Ava Client reserves the right to modify or terminate the Services or any part thereof at any time, with or without notice, including if you use the Services in violation of these Terms, if our providers prohibit or restrict Ava Client from providing the Services, including if a carrier determines that you have violated its content policies, or if your use of the Services poses a security or legal risk.
Ava Client operates the Services from Quebec, Canada. These Terms and the transactions they contemplate, including, but not limited to, their interpretation, construction, performance and enforcement, shall be governed, except as otherwise provided by the Federal Arbitration Act, by the laws of Quebec, Canada. The exclusive venue for all disputes that you and Ava Client are not required to arbitrate shall be the courts of Quebec.
In order to resolve disputes between you and Ava Client in the fastest and most economical manner possible, you and Ava Client agree that any claim or controversy arising out of these Terms or a relevant Order, or related in any way to the use of the Services, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND AVA CLIENT BOTH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
YOU AND AVA CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
All notices, requests or consents you give under these Terms shall be in writing and shall be deemed given when delivered to Ava Client at the following contact address:
Ava Client Inc.
Copyright © 2023. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not authorized to use these Marks without our prior written consent or the consent of the third party who may own the Marks.
SOCIÉTÉ AVA CLIENT INC.