Last updated July 18, 2023
These terms of service (“Terms”) cover your use and access to our services, software, website, and technical support (collectively referred to as ”Services”). The Services are provided by Avoguard LLC (“we,” “us,” “our,” or “Avoguard”). By visiting our website, installing and/or using the Services, you acknowledge that you have read the Terms, understand them and agree to be bound by these Terms.
Please note that the Terms constitute a binding legal agreement between you and Avoguard. If you do not agree with these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.
You are required to create a user account in order to use Avoguard Services. If you choose to create a user account, you must provide some basic information, specifically: your full name, a valid email address, and payment information. You must maintain and update this information in truthful, complete and accurate manner to ensure Avoguard is privy to your current information. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Services.
You are responsible for maintaining the confidentiality of your Avoguard account username and password and for restricting access to your account. You are solely responsible for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify Avoguard of any unauthorized use of your account, username or password, as the case may be.
You must purchase a paid subscription from Avoguard to connect to the Avoguard Services, except in the case of a limited free trial or certain coupon offers, which duration of and other details will be provided upon sign up for the trial.
Avoguard Services are subscribed on a service period basis (“Service Period”). Upon signing up for Avoguard Services, you will choose the duration of the Service Period and the payment method to be utilized or payment of the Services.
Only basic payment information is processed through our payment service provider (Stripe).
Your service will automatically be renewed and your chosen payment method will be charged the day after the Service Period ends (“Renewal Date”), repeating the length of the previous Service Period, unless you decide to cancel your subscription for the Avoguard Services before the Renewal Date.
We may, at our sole discretion, provide limited technical support, upgrades and updates for the Services.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable license to use the Services, including, without limitation, the products and services made available on or through the Avoguard software or our website.
No other right or license of any kind is granted to you hereunder with respect to the Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Services, including, but not limited to, the Avoguard software, mobile application and all other items, are owned and copyrighted by Avoguard and protected worldwide. We retain all right, title and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.
You agree that you shall not:
use the Services for anything other than lawful purposes;
use, assist, encourage, or enable others to use the Services for any unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy and other similar activities;
assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through Avoguard Services;
exploit children in any way, including audio, video, photography, digital content, etc.;
violate, infringe, or misappropriate other people's intellectual property, privacy or other legal rights;
share anything that is illegal, abusive, harassing, or otherwise objectionable;
transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems;
attempt to circumvent any technological measure implemented by Avoguard;
interfere with or disrupt the integrity or performance of the Services;
take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
use any robot, spider, scraper, or other automated means to access our website or Services for any purpose without our prior written permission;
build a product using similar ideas, features, functions or graphics of the Services or copy any ideas, features, functions or graphics of the Services;
claim that you are the representative or agent of any of the Avoguard Services, including any of its functionality;
threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means;
violate general ethic or moral norms, good customs and fair conduct norms;
use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
otherwise infringe or circumvent these Terms.
You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
We encourage you to let us know about the violation of these Terms by any Avoguard users; in case of such violations, we may take appropriate action at our sole discretion.
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Services, or any functionality comprising a part of the Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by Avoguard. We do not warrant and will not have any liability or responsibility for your use of the Services or other products or services we provide. We may also impose limits on the use of or access to the Services, for any reason and without notice or liability. Our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE AVOGUARD SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE AVOGUARD SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the Avoguard Services.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, infectious diseases, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER AVOGUARD NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LIABILITY OF AVOGUARD SHALL NOT EXCEED WHAT YOU PAID TO AVOGUARD AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
You agree, at your own expense, to indemnify, defend and hold harmless Avoguard, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Avoguard Services, or any of your other acts or omissions.
Avoguard collects and processes as little data as possible and necessary to provide the Services. Further information about user data processing is provided in the Privacy Policy, which is hereby incorporated into these Terms.
Avoguard is not directed at individual use for persons younger than 18 years of age (“Minors”) and Minors shall not be permitted to use the Services.
Consistent with applicable law, Avoguard does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws that prohibit collecting information from children without such consent, we will promptly delete it.
You may cancel your subscription to our services at any time by downgrading your account to the basic free tier, or by closing your account completely. In order to prevent payment of another Service Period, you must cancel your subscription before the Renewal Date.
Once your account is back in free tier, you may remove your payment method information. Your payment method information is automatically deleted once you close your account.
Avoguard may suspend, limit or terminate your access to the Services at any time for any reason, including a decision to stop offering Services altogether. We will attempt to notify you by email before we suspend or terminate your access, but failure to do so shall not be a violation of the Terms. If Avoguard suspends or terminates your access to the Services for a reason other than violation of these Terms, we will also end your subscription and prorate your subscription fee.
If you wish to claim a refund, you may do so within 30 days of the beginning of your first paid Service Period. No refunds will be considered for accounts terminated for violation of these Terms. Refunds will not be granted for Service Periods which follow the first Service Period if such Service Periods are consecutive due to a recurring subscription.
In order to process refunds, you must have a valid payment method registered in your account.
You agree to receive communications from us electronically, e.g., by email, application messages, etc. and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
When communicating with our customer support representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
We reserve the right to modify and update these Terms at our sole discretion, at any time, for any or no reason, and without liability. The most recently modified version of the Terms is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you by reasonable means, which could include notification through the client applications, website or via email. Since you agree to be bound by these Terms each time you use the Services, please consider reviewing the Terms each time you use the Services. In the case of any modification, the Terms come into force as of the moment when they are published on this web page. You understand and agree that any continued use and access to the Services after any updates to these Terms are published means that you voluntarily agree to be bound by the updated Terms.
We reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We shall have no obligation to provide support or maintenance for the Services under this Agreement.
We may suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. Failure to notify you of suspended Services shall not be a violation of the Terms.
Avoguard may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service.
You may not assign or transfer your rights or obligations under these Terms to any third party.
Where permitted under the applicable law, class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed pursuant to the Terms. Unless both you and Avoguard agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
All of our content was originally written in English. Any translation of our content is done on a best-effort basis. We cannot guarantee the accuracy of translated content. In the event of any discrepancy between the translated content and the English content, the English content shall prevail.
These Terms shall be governed in all respects by the substantive laws of Oregon, U.S.A., without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Oregon, U.S.A., will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Services.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You agree that these Terms are the complete and final agreement between you and Avoguard. The Terms supersede any other oral or written agreements between the parties on the same subject matter.