Last Updated: August 30th, 2019
1. AVA Solution Requirements
In order to use the AVA Solution (except for the AVA Website), you are required to have:
(a) a hardware device certified for use with the AVA Solution by AVA
(the “AVA Byte Device”); and
(b) an active Wi-Fi connection for the AVA Byte Device.
(b) We reserve the right to change the AVA Solution at any time, without notice.
3. License to the AVA Mobile Applications
4. Data You Upload To Us
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the AVA Solution; or (b) we collect from your AVA Byte Device ((a) and (b), collectively, the “User Data”), to: (i) develop, enhance and make available the AVA Solution; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
(b) You represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the AVA Solution; and (ii) create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
6. Software Updates
The AVA Mobile Applications may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the AVA Solution and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the AVA Solution.
8. User Account for AVA Solution
To access certain features of the AVA Solution, you may be required to successfully sign up for a user account using the available interfaces of the AVA Solution and be issued with a username and password login credentials (the “User ID”). If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the AVA Solution.
9. Internet Access
Certain features of the AVA Solution may require your mobile device to have access to the internet and may be subject to restrictions or additional charges imposed by your network or internet provider. In addition, your use of some features of the AVA Solution may be affected by the suitability and performance of your device hardware or data access.
10.No Unlawful or Prohibited Use
(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the AVA Solution any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(b) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the AVA Solution (e.g., a denial of service attack);
(c) attempt to gain unauthorized access to the AVA Solution;
(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the AVA Solution or any part thereof or otherwise attempt to discover any source code; or
(e) use the AVA Solution for the purpose of building a similar or competitive product or service.
11. Third Party Content, Websites or Services
12. Malicious Code
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the AVA Solution is compatible with your computer system or that the AVA Solution, or any links from the AVA Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the AVA Solution.
13. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the AVA Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the AVA Solution.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE AVA SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE AVA SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE AVA SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
15. Limitation of Liability
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
(b) your violation of any law or the rights of a third party (including intellectual property rights); or
(c) your use (or the use by any third party using your User ID) of the AVA Solution.
17. Term and Termination; Survival
18. General Provisions
19. Apple App Store Additional License Terms
(b) Notwithstanding anything to the contrary hereunder, you may use the AVA Mobile Application only on an iPhone or iPod touch that you own or control.
(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the AVA Mobile Application.
(g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the AVA Mobile Application.
Name: AVA Technologies Inc.
Address: 45 E Cordova St, Vancouver, BC V6A 1K3
Telephone Number: +1 604 620 7515
Email Address: email@example.com
20. Google Play
(a) You acknowledge that Google is not responsible for providing support services for the AVA Mobile Application.