Last Modified: May 10, 2019
Welcome to Avansa (hereinafter “Avansa”, “we”, “us” or “our”). Avansa offers an online software platform that allows you to aggregate your individual cryptocurrency trading accounts in one convenient location, automate your future trades via the Avansa software platform, and track your strategic trades on the Avansa dashboard. In addition, Avansa may offer, from time to time, certain other services, including but not limited to, account management tools, trading alerts, Data, and educational information (the “Services”).
The Services and the content on the Avansa website are for informational purposes only and you should not construe any such Services or content as legal, tax, investment, financial or other types of advice. Avansa does not offer exchange or clearance services in any form or fashion and is not a registered broker or financial advisor. Avansa does not provide trading advisory or other financial advisory services, and none of the content on the Avansa website, the software platform, or through the live chat features is or should be construed as such. It is your responsibility to evaluate any cryptocurrency trading information, and your use of that information is entirely at your own risk. Cryptocurrency trading is volatile and involves a high level of risk. You may lose a significant portion, or all, of your investment. As such, we encourage you to carefully consider if trading cryptocurrencies is right for you before using Avansa.
“Data” means the cryptocurrency price and market data that is owned by Avansa and made available to you via the Services.
“Services” means the Avansa Software along with any account management, trading alerts, Data, educational information, or other materials as may be provided from time to time by Avansa to users.
“Software” means the Avansa software platform that allows users to automate their cryptocurrency trading strategy(s) on the connected exchanges according to user inputs.
Avansa is protected by U.S. and international intellectual property laws and you agree to abide by them. Avansa is the sole owner of all intellectual property rights in and to the Services and Software, including, but not limited to, trademarks, trademark applications, trade names, service marks, trade secrets, know how, formulas, processes, technology, technological or other innovations, ideas, software, programs, designs, improvements, modifications, enhancements, performance data, tests, or other proprietary information, whether or not patentable or register able under copyright or other law.
Except as agreed herein, without our prior written consent, you may not download, copy or store Avansa content in any form outside of Avansa and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Avansa content. You agree that all data and algorithms used in connection with providing the Services to you are “trade secrets” as defined, without limitation, in the Illinois Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Avansa and related to the Services. All intellectual property rights in Avansa and the Services are, as between you and us, the sole and exclusive property of Avansa.
You need a subscription to use Avansa. We offer several subscription packages, which are available on a monthly basis, and to which you can subscribe here: www.avansa.io/#Pricing-Section.Your subscription will be invoiced automatically per month and will automatically renew at the end of the applicable term unless and until you provide us with your intention to cancel. Upon notice of cancellation, your subscription will remain active and available through the effective date of cancellation.
While we will make every effort to inform users of any price changes, we reserve the right to adjust our prices as necessary and to implement such price change(s) with immediate effect. Subscription fees are non-refundable.
Avansa is not responsible for any fees or commissions charged by the individual cryptocurrency exchanges on which you choose to trade, and any such fees or commissions are in addition to the subscription price charged by Avansa hereunder.
Your License to Use Avansa
When you subscribe, we provide you with access to Avansa via a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Avansa and the Services for your own individual or commercial purposes, and subject to the Terms. This license is available to you as long as you are not barred from Avansa by applicable law and your account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use Avansa. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
You may use Avansa for the purposes of automating your cryptocurrency trading strategy(s) and viewing related information, and except as provided for herein, for no other purposes. If your account is a corporate account, only the authorized person(s) for the account are allowed to use the Avansa platform. You must promptly report any errors in the Services or on the platform to Avansa and you agree that you will not take any action(s) that could increase the severity of any such error.
You are solely responsible for the automated cryptocurrency trading strategy(s) that you choose to utilize on the Avansa platform. By using Avansa, you represent and warrant that you are aware of the risks inherent in holding, trading and otherwise using cryptocurrency, and assume full responsibility for the same.
You are solely responsible for the safety and security of your log-in credentials, and for keeping those credentials secure. If you lose your log-in credentials, or otherwise have reason to believe that they have been compromised, contact us immediately at email@example.com.Avansa is not responsible for any damages, financial or otherwise, caused by the loss of your log-in credentials.
Restrictions and Prohibited Uses
Avansa is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users not misuse our Services. By using Avansa, you certify that you are at least 18 years of age. Except with our written permission, you may not:
Furthermore, as a condition for using Avansa, you agree not to provide any information, data, or content to us or via the platform that is incorrect, inaccurate, incomplete, or that violates any law or regulation. Engaging in prohibited uses or otherwise breaching these Terms, as determined solely by Avansa, is grounds for immediate suspension or termination of your Avansa account and may also subject you to civil or criminal penalties.
Cancelling Your Account
While we hope you enjoy using Avansa, you may cancel your account at any time by contacting our customer support team at firstname.lastname@example.org.
YOU ACKNOWLEDGE AND AGREE THAT USE OF AVANSA IS AT YOUR SOLE RISK AND THAT AVANSA AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANSA AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING AVANSA AND/OR THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, QUALITY, OR NON-INFRINGEMENT. AVANSA DOES NOT GUARANTEE THAT THE SERVICES OR ANY RELATED DATA WILL MEET YOUR OBJECTIVES OR SPECIFIC NEEDS.
WE STRIVE TO MAINTAIN THE AVANSA PLATFORM ON A COMMERCIALLY REASONABLE BASIS, BUT WE CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO AVANSA AT ALL TIMES, OR THAT THE SERVICES AND RELATED DATA WILL BE FREE FROM ERRORS OR BUGS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AVANSA OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO AVANSA, IF ANY; (II) ANY LOST PROFITS, LOST CAPITAL, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF AVANSA; (III) ANY DAMAGES TO EQUIPMENT OR HARDWARE, INCLUDING BUT NOT LIMITED TO COMPUTERS OR OTHER DIGITAL DEVICES, (IV) ANY DAMAGES ARISING FROM THE INTERRUPTION, DISRUPTION, UNAVAILABILITY OR INOPERABILITY OF SERVICES, LOST DATA, LOST PROFITS OR CAPITAL, EVEN IF AVANSA KNEW OR SHOULD HAVE KNOWN OF THE PROBLEM, OR COULD HAVE REASONABLY PREVENTED THE SAME; OR (V) ANY OTHER DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR PERSONAL INJURY.
YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT AVANSA WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to indemnify, defend and hold harmless Avansa, along with any of our affiliates, officers and/or employees, from and against any and all claims, demands, liabilities, losses, damages, and other expenses, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Avansa or the violation of these Terms by you.
Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Avansa, LLC., 909 Davis Street, #500,Evanston, IL, 60201, ATTN: DISPUTE NOTICE, or by email at email@example.com. Before we file a claim against you, we agree to contact you at the email address associated with your Avansa account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT THE PARTIES WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE AVANSA SERVICES OR DATA, OR YOUR USE THEREOF,INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
Arbitration is different from court. The rules, including discovery, are different and no judge or jury is present at an arbitration. In some instances, the costs of arbitration could exceed the cost of litigation. The award is final and binding, and subject only to limited review by a court. You understand that, absent this mandatory provision, you may have the right to sue in court and have a jury trial.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N. Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
C. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, we may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, IL.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT YOU WILL NOT JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT YOU WILL NOT ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. NO RIGHT TO JURY TRIAL. YOU HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address: Avansa, LLC., ATTN: ARBITRATION OPT-OUT, 909 Davis Street, #500, Evanston, IL, 60201, or by email at firstname.lastname@example.org. For new users, the notice must be sent within 30 days of registering with Avansa, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, Avansa also will not be bound.
(a) Compliance with Laws. The parties will each abide by and comply with all applicable laws and regulations.
(b) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting the intent therein as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.
(c) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the Terms are governed by Illinois law without regard to any conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Cook County, Illinois as the legal forum for any dispute between them.
(d) Change Policy. The Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on our website, or by posting an updated Terms here at least 30 days in advance of the effective date of the updated Terms. Please note that your continued use of Avansa following the effective date means that you agree with, and consent to be bound by, any updated Terms.
(e) Platform Updates. We may update or revise the Avansa website or platform to improve user experience and functionality or to offer new services, at any time, in our sole discretion. We will try, but are not obligated, to provide advance notice to you before any such update. We are not responsible for any downtime that may occur as a result of such updates.
(f) Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship of any kind between you and Avansa. Neither party has the power to bind the other or to incur obligations on the other’s behalf.
(g) No Third Party Beneficiaries. These Terms are intended for the sole and exclusive benefit of you and Avansa and are not intended to benefit any third party. You and Avansa are the only signatories to these Terms, and only you and Avansa may enforce it.
(h) Waiver. No waiver by either party of any default by the other in the performance of any provisions of this Agreement will operate as a waiver of any continuing or future default, whether of a like or different character.
(i) Assignment. Neither party may assign this Agreement without prior written consent unless in connection with a merger or acquisition of either party.
(j) Miscellaneous. The Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by Avansa, the Terms shall govern, unless otherwise indicated. Sections of the Terms which by their nature should survive any termination of the Terms will so survive.