Introduction & Scope
By accessing the website at https://avolve.io and/or using any of our Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of Avolve LLC’s stated Services, in accordance with and subject to prevailing applicable laws for our sale of goods.
Henceforth, by accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy (on behalf of yourself or the entity that you represent), in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services. Please, ensure that you read them thoroughly, because, by using Avolve LLC, you consent to these Terms.
The following terms shall have the following meaning:
“Us”, “Ours”, “Avolve”: Avolve LLC, the company behind the Avolve brand.
“You”, “the User”: person or customer using Avolve provided services and/or having an account allowing access to our Services.
“Application”, “App”: mobile application created through Avolve and made available to the public for download from a third-party platform.
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“End User”: person who uses one or more Applications created using the Services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by End Users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“Order”: online subscription of our Service(s).
“Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.
“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
1. Account Terms
2. Account Suspension & Termination
Avolve LLC encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section which can be accessed through the dropdown at the side of your username. We may terminate or suspend your Avolve LLC account if you go contrary to any Avolve LLC policies or for any other reason(s), which we will notify you about.
3. Payment Terms
We rely on authorized third-party payment processors in order to bill Orders through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers.
Accordingly, Avolve LLC shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.
3.1 Disputes & Charge-backs
In the future, users may provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Avolve LLC for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Avolve LLC as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
3.2 Refunds: While you may cancel your subscription at any time. Find out more details about the refund policy and how it applies to each product we sell. Read more about our Refund Policy.
3.3 Application Approval: Avolve will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, we do not and cannot guarantee approval.
3.4 Subscription Billing Start Date: Your initial subscription billing will start on the date you receive access to the purchased product. This is normally on the same day you make your purchase, or in the case of a pre-launch, it is the day the product is released and you receive access to it. Your card will then be charged on the same day of every month or year that follows, depending on the plan you chose, until you cancel your account.
3.5 Automatic Subscription Renewal: To ensure uninterrupted service, Avolve will automatically bill you for your subscription on each renewal period thereafter until cancellation.
3.6 Up to Date, Payment Details: To avoid any interruption in the service, the User shall maintain up to date credit card details in their account dashboard, accessible at https://avolve.io/my-account/.
3.7 Billing Questions: For any billing related questions, please contact Avolve via email@example.com.
4. Cancellation, Termination and Service Suspension
4.1 Cancellation: You may cancel your subscription at any time by sending an email to firstname.lastname@example.org from the same email used in your Avolve account. Your request will be processed and subscription will be cancelled within generally up to 7 days.
4.2 Termination & Suspension: Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle Avolve to immediately suspend your account, including service to your application and provision of services to you, including paid services.
4.3 Service Reactivation: One cancelled, your subscription cannot be re-activated. You will need to make a new purchase if you would like to launch a mobile application.
5. Changes to our Services and Pricing
Avolve Limited Guarantee
Avolve LLC shall make all commercially reasonable efforts to ensure that any interface or integration from a third party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as Amazon Web Services and other infrastructure and cloud computing providers.
Accordingly, you agree that: (a) Avolve LLC cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (b) Avolve LLC shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party provider or system, Avolve LLC will use its commercially reasonable efforts to resolve the issue.
6. Copyright & Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Avolve LLC. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.
7. Copyright Takedown Notices
For information about how to submit a request for takedown if you believe content on Avolve LLC infringes your intellectual property rights, please contact us.
Avolve LLC takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: “Takedown Request”. Once received, Avolve LLC will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, Avolve LLC may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice.
8. Content Licenses.
8.1 Limited License by Avolve LLC: Avolve LLC grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access Avolve LLC and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using Avolve LLC, in whole or in part. Avolve LLC does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
Please be reminded that we have the discretion to terminate our license to you at any time for any reason. We have the right, but not the duty, to refuse to share any content on Avolve LLC or to remove or delete said content. Apart from the rights and license granted in these Terms, we reserve all other rights and grant no license, implied or otherwise.
8.2 User Materials License: Avolve LLC allows or may allow Authors, Users and End Users to add posts, texts, photos, videos, links, including questions and answers, and other files and information about your products, services, benefits and experiences provided. Henceforth, for every material and content piece that you upload, publish or display to others via the Service you acknowledge and agree that, having agreed to be bound by these Terms, your User Material may be viewed or accessed by the general public.
Accordingly, as an Author you hereby grant Avolve LLC an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered via Avolve LLC or the Services. You represent and warrant to Avolve LLC that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Boss Media Ltd. as set forth herein.
8.3 Feedback License: All users hereby grant Avolve LLC an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Avolve LLC regarding the Services.
9. General Conditions
Support is only provided via our Help Desk. Currently, we do not provide support via any other channel (including, but not limited to email, Twitter, Facebook or over the phone).
By submitting materials (e.g. your logo, brand guidelines etc.) to Avolve for inclusion on your app, you grant Avolve a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app. Without limiting any of those representations or warranties, Avolve has the right (though not the obligation) to, in Avolve’s sole discretion: (i) refuse or remove any app that, in Avolve’s reasonable opinion, violates any Avolve policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Avolve’s sole discretion. Avolve will have no obligation to provide a refund of any amounts previously paid.
You understand that Avolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Avolve service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Avolve.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Avolve customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
10. App Mandatory Guidelines
We want to make Avolve the best option to create beautiful and useful WordPress powered community, eLearning and membership apps. We need your help to ensure Avolve remains a reputable and trusted service that provides value to all end users, partners and app stores. We therefore request that the following guidelines and covenants be respected at all times:
11. Limitation of Liability
IN NO EVENT SHALL AVOLVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY OR MALFUNCTION OF AVOVLE LLC OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, BUSINESS GLITCH, DEFAMATION, OR LOSS OF DATA (NOTWITHSTANDING THAT WE MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AVOLVE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Avolve LLC, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Avolve LLC expressly disclaims any representation or warranty that Avolve LLC complies with all applicable laws and regulations applicable to its jurisdiction. Henceforth you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Avolve LLC.
13. Limitation of Damages
To the maximum extent permitted by law, User agrees to limit Avolve’s liability for the User’s damages against us will be limited in respect of any one incident, or series of connected incidents, to the sum of direct damages award of $1,000.00 USD or the amount that the User has paid to Avolve during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AVOLVE, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; (V) ANY THIRD PARTY CLAIM ARISING OUT OF OR IN RELATION TO AVOLVE LLC OR OUR SERVICES OR USE THEREOF IN COMBINATION WITH ANOTHER PLATFORM, INCLUDING WITHOUT LIMITATION, ANY CLAIM AVOLVE LLC OR THE SERVICES VIOLATE, INFRINGE, OR MISAPPROPRIATE ANY PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY PRIVACY RIGHT OF ANY PERSON.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.
WE WILL IMMEDIATELY NOTIFY YOU OF ANY SUCH CLAIM AND WILL PROVIDE YOU (AT YOUR OWN EXPENSE) WITH ASSISTANCE IN DEFENDING THE CLAIM. UNLESS OUR PRIOR WRITTEN CONSENT IS FIRST OBTAINED, YOU WILL NOT SETTLE ANY CLAIM THE DEFENSE OF WHICH WE NEED TO PARTICIPATE IN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT CIRCUMSTANCE, YOU WILL BE UNDER NO OBLIGATION TO DEFEND US IN THAT MATTER.
15. Disclaimer of Warranties
AVOLVE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT AVOLVE PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. AVOLVE DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE EXCLUDE ANY WARRANTIES TO ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. AVOLVE DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES AVOLVE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
AVOLVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. AVOLVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AVOLVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. General Provisions
16.1 Governing Law & Venue: You agree that the Service shall be deemed solely based in Hong Kong. This Agreement shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Avolve LLC. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with Avolve LLC.
16.5 No waiver: Avolve’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16.7 NO CLASS ACTIONS: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
16.8 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
16.9 Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing email@example.com. If we cannot resolve the dispute informally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or Avolve may then bring a formal proceeding.
16.10 Taxes: You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
16.11 No Relationship: You and Avolve LLC are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
16.12 No Embargo: You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
16.13 Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Avolve LLC will be irreparably damaged, and therefore you agree that Avolve LLC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
16.14 Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
16.15 Force Majeure: Avolve LLC is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Avolve LLC’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
16.16 Assignment: These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of Avolve LLC’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
16.17 User Representations and Warranties: You hereby represent, warrant and covenant that: (i) your use of our Services, and all your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Avolve LLC and its affiliates, licensors and agents; and to grant the rights granted to Avolve LLC in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
16.18 Privacy: By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. Using Avolve LLC means that you accept our Policy, regardless of whether you are a registered user or not.
17. Governing Language
From time to time, these Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
18. Contact Us
If you have any questions about these Terms, please contact us by visiting this page on our website: https://avolve.io/contact
Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Avolve LLC entity.
This page was last updated on June 09, 2022.
Avolve LLC (“us”, “we”, or “our”) operates the https://avolve.io website (the “Service”). A visitor or end user of our Services shall be referred to as “you”, “your(s)” or “yourself”.
This page informs you of our policies regarding the collection, use, and disclosure of Personal Data when you use our Service and the choices you have associated with that data.
This Policy also applies to Personal Data collected through the mobile version of our websites, independently of the mobile operative system, mobile device or browser you use to access it.
Capitalized terms that are not defined in this Policy have the meaning given to them in our Terms, along with any and all of our rules, guidelines and ancillary policies (if any), all included herein by reference.
The following defined terms will be used in this Policy, whether they are used in the singular or plural form. Any capitalized terms not defined in this Policy shall have the meanings set forth in our Terms, guidelines, terms, or rules referenced therein, as applicable.
Lastly, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to Personal Data and other information collected from our visitors and end users.
User Agreement & Registration
As a user of our Services, you will be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration form, pop-up box or other analogous means. Through that action, you thereby acknowledge and agree to the terms of this Policy, which is and constitutes a legal, binding agreement between you and Avolve LLC.
Overall, this Policy is freely available for your review prior to registration, and if you do not agree to its terms, your remedy shall consist of not registering an account, and exiting the web tab through which you visited our Site.
For purposes of this Policy, our websites shall be the initial point of contact between you and Avolve LLC, and will serve as the point of collection of any personal data you may provide us.
Accordingly, by registering with us and/or otherwise using our products and services, you consent to the collection, transfer, processing, storage, and disclosure of your Personal Data as described in this Policy.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may collect the information and content that you post, upload, use, exploit, sell, subscribe to or otherwise exploit when using Avolve LLC, including any user generated content. Your content, date and time stamps, and all associated comments are publicly viewable on Avolve LLC. This also may be indexed by search engines and be republished elsewhere on the Internet in accordance with our Terms.
We may also collect information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may also collect single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs; which are smaller than cookies and tell our server information such as the IP address and browser type related to the visitor’s device.
We may also collect “log files,” “server logs”, “clickstream” data and “Internet Tags”; which are used for system management, to improve the content of our websites, market research purposes, and to communicate information to visitors.
Personal Data Collected via Service Providers
We may allow our users to use third party Service Providers integrations such as WordPress, Facebook, Google and others (if available). Our platform might also provide an option of using your social media credentials and, thus, by such action, we will collect your Personal Data as given by such third party platforms, but never more than the Personal Data these platforms disclose.
Collected Personal Data from such third parties will include, but will not be limited to, friend lists, email, image gallery, likes and other information. If you close your social media account, or if you deauthorize our access, your access to our websites may be suspended. For more information, please read the terms and policies of such third party platforms. Please take into account that such third party social media platforms may disclose and share your personal information according to their own rules, guidelines and policies.
For our users who are creators of content that is sold to end customers, the social media integrations may allow you to access, treat and use Personal Data according to their own terms, conditions, guidelines, policies and advertising rules. For more information, you ought to be familiar with such documents, which are not enforced by Avolve LLC. Any changes in such functionalities will be the sole and final responsibility of the social media network.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at www.allaboutcookies.org and at www.youronlinechoices.com.
Examples of Cookies we use:
We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.
When you access our platform via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS) instead of cookies in order to recognize you and track displayed web pages, along with their performance. For the latest versions of Apple iOS, your device would request you one or more times for your express consent for advertising tracking.
Use of Data
Avolve LLC uses the collected data for various purposes:
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Avolve LLC may process your Personal Data because:
Retention of Data
Avolve LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Avolve LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States of America and process it there.
Disclosure of Data
Disclosure to Affiliates and Partners
We will need to share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity.
In addition, any of your submitted user generated content may be indexed by search engines. In some cases, we may charge for access to your content and public information on our platform.
We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Disclosure for Law Enforcement
Under certain circumstances, Avolve LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Avolve LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
Security of Data
The security of your Personal Data is important to us, please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards. The importance of security for all personal information associated with our subscribers is of utmost concern to us. Your personal information is protected in several ways. We protect inputted information by undertaking the reasonable technical and administrative security measures (e.g. firewalls, data encryption, physical & administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.
Please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
“Do Not Track” Signals
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized, and therefore, we do not support Do Not Track (“DNT”).
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network web page.
Users can set preferences for how Google advertises to you using the Google Ad Settings web page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add-on.
Opt-out Choice about Third-Party Ad Networks
For information about and to opt out of interest-based ads from many ad networks, go to:
U.S.: Digital Advertising Alliance’s Consumer Choice webpage and the Network Advertising Initiative Consumer Opt-Out webpage.
Canada: Digital Advertising Alliance of Canada’s Opt-Out Tool.
European Union: European Interactive Digital Advertising Alliance webpage.
Commercial Message Communications
Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.
We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.
Generally, you have the right to object to the processing of your personal data if grounds for this objection is to direct marketing.
You have the right to opt out of receiving promotional communications at any time by: (i) contacting us; (ii) when we may ask you to confirm or update your marketing preferences if you instruct us to provide further the features and functionality of websites in the future; (iii) if there are changes in the law, regulation, or the structure of our business.
From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.
The served ads will be targeted based on your previous browsing history, and may include retargeting codes. For example, third-party vendors may show you Avolve LLC’s ads on certain websites across the Internet, even after you leave our platform. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.
We also may report aggregated or de-identified information about the number of users that saw a particular ad or content and related audience engagement information to users of our Services and to publishers of content on Avolve LLC.
Advertisers who are integrated with our Services may, likewise, provide us with information as part of their ad campaigns, including customer information (e.g., email addresses, phone numbers, or other contact information, demographic or interest data) in order to create custom audiences for personalizing their ad campaigns or for measuring the effectiveness of their ads; we only use this information to facilitate the particular advertiser’s campaign (including ad metrics and reporting to that advertiser), and we do not disclose this information to third parties (other than our service providers) unless required by law. Also, we do not disclose to the advertisers who use our Services the names or contact information of their customers.
Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device.
You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. For the purposes of the GDPR, in the European Union, Avolve LLC is a Data Controller of the Personal Data you provide to us for the primary purposes of providing you with our Services. Avolve LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
For our European Union customers and users, by clicking the “I Accept” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your Data Controller by Avolve LLC, its affiliates and authorized third parties.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. You retain the right to access, amend, correct or delete your Personal Data where it is inaccurate at any time. To do so, please contact us as indicated on our contact section. We reserve the right to charge a reasonable fee in some cases, as permitted by applicable laws and regulations, in order to comply with complex requests or repetitive requests from individual users.
The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/.
If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the Personal Data with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your Personal Data from our Services for the maximum term allowed by the GDPR on each applicable case. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.
Notice to California Residents
Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), Avolve LLC and its affiliates hereto provide the following Policy notice regarding the categories of Personal Data that we have collected or disclosed within the preceding twelve (12) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of Avolve LLC, or emergency contacts or benefits beneficiaries of the foregoing.
Henceforth, the CCPA provides Californians with the following rights:
Overall, we have, may or will collect the following categories of Personal Data from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:
We may employ third party Service Providers (both companies and individuals) to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Please be aware that such Service Providers are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of such third party Service Provider, which provide functionalities that include aggregated statistics. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.
Our platform may also present our commercial partner’s hyperlinks as well as those of other third parties. Once you have used these links to leave our platform, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such websites and that such websites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question
We may use third-party Service Providers to monitor and analyze the use of our Service.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”). If you are under such age, you may only access Avolve LLC and our Services under the direct, express and unequivocal supervision of your parent or legal guardian.
We do not knowingly collect personally identifiable information from anyone under the age of thirteen (13). If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of the Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Avolve LLC entity.
This page was last updated on June 09, 2022.