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Terms and Conditions ("Terms")

Before using the https://avada .ai website, it's important to understand and agree to the Terms and Conditions operated by Avada (“us”, “we”, “our”). These rules are crucial for visitors visiting or using the site. If you choose to use the site, it means you accept these Terms. If you disagree with any part of these Terms, you can not access the Service.

Privacy & Data

Avada.ai places high importance on privacy. To offer the best service, we may collect, analyze, and share personal information, or data that could become personal when combined with other information. We respect our users' privacy rights and have set clear rules to safeguard their information, as detailed in our Privacy Policy.

Additionally, under these conditions:

  • Your business is in the European Economic Area (EEA);
  • You provide goods or services to customers in the EEA; or
  • You need to follow the EU General Data Protection Regulation;

Avada.ai's handling of personal data from European residents is governed by our Data Processing Addendum.

Alternatively, if you are in California, collect or sell personal data of California consumers, or are subject to the California Consumer Privacy Act, Avada.ai’s collection and use of personal information are governed by our California Consumer Privacy Act Addendum.

General Payment Terms

Fees

If you're using the Shopify platform, your payments will be paid through the Shopify payment gateway and will appear on your Shopify Billing. For other platforms like Magento or a custom platform, you'll make payments via PayPal.

Refunds

We provide a 30-day money-back guarantee for all our services to ensure your satisfaction. If you're dissatisfied with your subscription within 30 days of purchase for any reason, you can get a full refund.

To request a refund, please send us a message with your app ID or email address through our contact page.

Taxes

All amounts and fees mentioned in these Terms do not include taxes, duties, levies, tariffs, and other government charges (all referred to as "Taxes"). You, as the user, are responsible for paying all these Taxes, along with any interest or penalties that might arise from your payments. This does not include taxes on Avada.ai's net income.

Third-party services & Linked Websites

Third-Party Services

Our Service allows you and your customers to interact with third-party services, products, and content, known as "Third-Party Services." These Third-Party Services are not offered by Avada.ai and we are not responsible for any issues that may arise from their use, including issues, errors, or bugs.

If you use Third-Party Services, software, or goods while using Our Services, you need to review these Third-Party Services and financial terms before using them to avoid own risk. For example, if you use YouTube while using our Services, you must follow the applicable YouTube terms and privacy policy.

Linked Websites

Our Service may also include links to third-party websites. Avada.ai doesn’t control these links and is not responsible for their content.

Forbidden Actions

When using our Service, you agree not to:

  • Use our Service for any illegal purpose or violation of local, state, national, or international laws.
  • Violate any rights of third parties, including infringing any third-pary intellectual property rights or encouraging others to do the same.
  • Interfere with the Service’s security features, including disabling or skipping content protection measures, or reverse engineering any part of the Service unless the law specifically allows it.
  • Interfere with the operation of Our Service or spoiling other user’s experience, such as disseminating any virus, adware, spyware, worm, or other malicious code, causing trouble on networks or servers related to the Service.
  • Sell or transfer the access or rights granted under these Terms, or any Materials.
  • Try to do any of these prohibited actions or assist any person in engaging in any acts described in this Section.

User Indemnity

You agree to indemnify, defend, and protect the apps, including officers, directors, employees, and third parties, safe from any losses, costs, liabilities, and expenses (like reasonable lawyer's fees) that come from:

  • (i) Your Content, Campaigns, or Sites;
  • (ii) Your use of the Service;
  • (iii) Your violation of any laws or regulations;
  • (iv) Your infringement on someone else's rights, like intellectual property, publicity, confidentiality, other property, or privacy rights;
  • (v) Any disagreements or issues between you and any third party in connection with these Terms of Service;
  • (vi) Any misrepresentations you make;

Avada.ai has the right to take over the defense and control of any matter. If this happens, you need to cooperate with Avada.ai in asserting any available defense.

Liability

“Confidential Information” means any information or materials of AVADA that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.

Limitations of Liability

Our company, including our affiliates, partners, directors, employees, and shareholders, won't be held responsible for any losses or damages you might face from using our Services or not following these Terms of Service. This includes any lost profits, revenue, data, or other types of damage that happen because of errors, negligence, inaccuracies, omissions, defects, security issues, or our failure to perform.

By using our Services, you agree that you are solely responsible for any risks and you shall ensure to disclaim any liability in connection with us, including those caused by non-adherence to any system or lack of updates.

Warranty

You agree that using our Services and any content we provide is at your discretion and risk. We offer everything on our Service “as is” by linking to third-party websites without any guarantees or warranties of any kind.

We don't claim or guarantee that the information and content, are reliable, complete, accurate, or up-to-date. Additionally, we can't ensure that our website and its content, like text, graphics, and links, are free from errors, viruses, malware, or other harmful elements.

Disclaimer

We are not responsible for how any third-party integration behaves when used with our Service. While we follow our standard methods to protect customer data, we can't guarantee the safety, privacy, or integrity of these third-party integrations. Therefore, we don't offer any warranties or accept any liability of any manner for your use of any Third-Party Integration.