Last Revised: May 11, 2020
These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Avonni App website and web applications (the “Service”) operated by Avonni Labs Inc. (“us”, “we”, or “our”). Please read these Terms of Service carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
This section applies only to the extent you purchase subscriptions.
If you wish to purchase the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. Credit card number is not required for Free accounts. By submitting such information, you grant us the right to provide the information to a third party payment processor (the “Payment Processor”) for purposes of facilitating the completion of Purchases. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
The Service is billed in advance on a monthly or annual basis, depending on your selection during sign up, and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. For any upgrade, downgrade or purchases of additional seats, your credit card that you provided will automatically be charged a pro-rated amount for the current term and the new rate on your next billing cycle.
Fees for our Paid plans are automatically charged on a recurring basis, and when signing up for a Paid plan with a recurring payment obligation, you will be able to select a recurring billing level and renewal term that will apply to your receipt of such Paid plans (“Subscription”) (e.g. monthly or annual payment). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription originally selected, at the then-current non-promotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Subscription. BY SIGNING UP FOR A SUBSCRIPTION YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE BILLING SECTION OF THE SERVICE. PLEASE CONTACT US AT SUPPORT@AVONNICREATOR.COM IF YOU NEED ANY ASSISTANCE. This does not waive our right to seek payment directly from you.
To change or resign your Subscription at any time, go to your Billing page. Please contact us at firstname.lastname@example.org if you need any assistance or if you want to downgrade. Any request for cancellation must be sent three (3) days prior to the end of the Subscription term to allow for adequate processing time. Your non-termination or continued use of the relevant Subscription reaffirms that we are authorized to charge your Payment Method the Fees for such Service, including any associated fees (e.g. overage fees or late fees, to the extent applicable). If you terminate a Subscription, you will be downgraded (as an inactive account with the ability to ONLY view your projects) at the end of your Billing Cycle for the current Subscription; your paid Subscription will not be renewed.
If any amount owing by you under this or any other Agreement for the Service is thirty (30) or more days overdue or ten (10) or more days overdue in the case of amounts you have authorized us to charge to your credit card, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend access to the Service until such amounts are paid in full. We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
We reserve the right to modify our fees and charges and introduce new charges at any time, upon at least thirty (30) days prior notice to you, which notice may be provided by e-mail. If such fee modifications are unacceptable to you, you may terminate this Agreement. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
If you believe your bill is incorrect, you must contact us (email@example.com) in writing within 30 days of the invoice date regarding the invoice containing the amount in question to be eligible to receive an adjustment or credit. We shall not exercise our rights under the “Suspension of the Service” section if the applicable charges are under reasonable and good-faith dispute and you are cooperating diligently to resolve the dispute.
Downgrading the Service may cause the loss of features on the Service. We do not accept any liability for such loss.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
In accordance with sales tax regulations, we are legally required to collect federal and provincial taxes on subscription fees for customers based in Canada. Whether or not tax is due depends upon the buyer’s location. The actual taxes rates is determined by the applicable federal and/or provincial taxes rates and may vary based on your location
We will provide Subscriber support to Subscriber as specified in the Service Plan selected by Subscriber, and that is further detailed on Avonni’s website.
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service. We make our best effort to support changes made by Salesforce to their products.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service.
The Service may contain links to third-party web sites or services that are not owned or controlled by Avonni Labs Inc.
Avonni Labs Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit, including Salesforce.com’s websites.
You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing (firstname.lastname@example.org) with “Cancel my account” in the subject line. Cancellations are effective on the date and time we receive your query to cancel your account.
If you cancel the Service before the end of your paid term, your cancellation will take effect immediately and you will not be charged again. Your service will remain active until the end of the paid term unless you request otherwise in writing.
Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Avonni Labs Inc, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special consequential or exemplary damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Avonni Labs Inc makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Avonni Labs Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Avonni Labs Inc chooses not to immediately act, or chooses not to act at all, Avonni Labs Inc will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Avonni Labs Inc does not waive any of its rights. Avonni Labs Inc shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us at: email@example.com