AvaHelps: Fast, Affordable Marketing Experts for Your Business

Terms of Service

These are the AvaHelps terms of service. The rules of the site are designed for the benefit of all members. In case of uncertainty, all members are provided these simple guidelines to help with successful and profitable operation of AvaHelps for all.

By using the AvaHelps website ("Service"), a service of AvaHelps, Inc. ("AvaHelps"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

AvaHelps reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.

Violation of any of the terms below may result in the termination of your Account without refund. While AvaHelps prohibits such conduct and Content on the Service, you understand and agree that AvaHelps cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

(1) You must be 18 years or older to use this Service.

(2) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

(3) You must have a valid email address registered with the service at all times.

(4) Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

(5) You are responsible for maintaining the security of your account and password. AvaHelps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

(6) You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

(7) You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

(8) You may not use the Website in a way that may disable, damage, or interfere in the Website.

Cancellation and Termination

(1) You are solely responsible for properly cancelling your account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time by calling into AvaHelps (844-879-2489) during our regular hours of operation: Monday-Friday, 9am - 5pm EST.

(2) All of your client information, including but not limited to statistics, name, contact information, image and more, may be deleted from the servers maintained by the Service upon your cancellation. This information may not be recoverable once your account is cancelled. All posts created by the Service on your social media channels will remain intact, pursuant however to your ongoing relationship with such third party providers.

(3) Your Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We shall not refund any subscription fees already paid to us, except cases when the refund rights apply.

(4) We provide a 14 (fourteen) return period if you change your wishes for any or no reason and you want to receive a full refund of all sum paid within fourteen (14) days starting from the day you sign-up for any of the Services. If you want such a return, we will provide it but only if it is your first subscription, continued use or renew of the subscription does not entitle you to receive the return.

(5) There are no refunds for partial subscription plans under any circumstance, including unused time on a plan. Promotions, upgrades, and adjustments to existing plans are non-refundable. You, the customer are responsible to make us of your ManyPixels subscription after payment.

(6) AvaHelps, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other AvaHelps service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. AvaHelps reserves the right to refuse service to anyone for any reason at any time.

(7) We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites/applications.

Modifications to the Service and Prices

(1) AvaHelps 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.

(2) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 5 days notice from us. Such notice may be provided at any time by posting the changes to the AvaHelps website or the Service itself.

(3) All prices are posted in USD.

(4) AvaHelps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

(1) All content posted on the Service is must comply with U.S. Or Canadian copyright law, depending on jurisdiction.

(2) We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

(3) By posting, uploading, inputting, providing or submitting content you warrant and represent that you own all of the rights to the content.

(4) AvaHelps does not pre-screen Content, but AvaHelps and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

(5) The look and feel of the Service is copyright © 2019-2020 AvaHelps Media, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from AvaHelps.

(6) By posting, uploading, inputting, providing or submitting any content you are granting us to use the content in connection with the operation of our business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate the content; and to publish your name in connection with the content. Such content is an inalienable part of the Content.

(7) No compensation shall be paid with regard to the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us and we may remove your content at any time.

(8) If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:

AVAHELPS INC

Address: 219 DUFFERIN STREET UNIT 18C, TORONTO, ONTARIO, CANADA M6K 3J1

ava@avahelps.com

A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  • A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
  • Specific identification of each copyrighted work claimed to have been infringed;
  • A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

Rules and Abuse

By agreeing to these Terms, you are committing to follow these rules:

(1) You won't send spam. We mean "spam" as it is defined on the Spamhaus website.

(2) You won't use purchased, rented, or third-party lists of email addresses.

AvaHelps doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the Service, then we won't be liable if the Service doesn't meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your AvaHelps account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an "EEA Member") in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to AvaHelps that:

  • You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to AvaHelps's Privacy Policy.
  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to AvaHelps and to enable such data to be lawfully collected, processed, and shared by AvaHelps for the purposes of providing the Service or as otherwise directed by you.
  • You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  • You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable AvaHelps to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service.

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of the "Compliance with Laws" Section.

General Conditions

(1) Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

(2) Technical support is only provided to paying account holders and is only available via email.

(3) You understand that AvaHelps uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

(4) 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, AvaHelps, or any other AvaHelps service.

(5) 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 AvaHelps.

(6) We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

(7) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AvaHelps customer, employee, member, or officer will result in immediate account termination.

(8) 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.

(9) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

(10) You must not transmit any worms or viruses or any code of a destructive nature.

(11) AvaHelps does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

(12) You expressly understand and agree that AvaHelps shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AvaHelps has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

(13) The failure of AvaHelps to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AvaHelps and govern your use of the Service, superceding any prior agreements between you and AvaHelps (including, but not limited to, any prior versions of the Terms of Service).

(14) Questions about the Terms of Service should be sent to our technical support staff.

DISCLAIMER OF CERTAIN LIABILITIES AND LIMITATION

THE INFORMATION AVAILABLE ON THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS.

WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ENJOYMENT, DATA OR PROFITS, IN THE CONNECTION WITH THE ENJOYMENT OR EXECUTION OF THE WEBSITE IN THE CONTEXT OF THE INABILITY OR DELAY TO ENJOY THE WEBSITE OR ITS SERVICES, OR FOR ANY CONTENT OF THE WEBSITE, OR OTHERWISE ARISING OUT OF THE ENJOYMENT OF THE WEBSITE, BASED ON CONTRACT AND NON-CONTRACT LIABILITY OR OTHER REASON.

THIS RULE SHALL NOT AFFECT YOUR RIGHTS AS A CONSUMER. IF THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, WHETHER CONSEQUENTIAL OR INCIDENTAL, ARE PROHIBITED IN A PARTICULAR CASE/COUNTRY, THE EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its Services/Content and our Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.

CONTACT INFORMATION

We welcome your comments or questions about the Terms, Privacy Policy, Services, Website. You may contact us in writing at:

AVAHELPS INC

Address: 219 DUFFERIN STREET UNIT 18C, TORONTO, ONTARIO, CANADA M6K 3J1

ava@avahelps.com