Terms of Service
Effective date: January 1, 2021
This website, Aven.io, and the "Service" (or "Services") is owned and operated by Aven LLC, based in California, USA. The terms “we”, “us”, “Aven” and “our” refer to Aven LLC. We offer these terms of service, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting Aven.io, or using any of our services, you (“Customer” or “User”) agree to be bound by the following terms of service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site and our services including without limitation users who are browsers, customers, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
What we do. Aven provides Cloud SaaS Data Storage Service (Database as a Service). To find out more information about what we do, please refer to our website Sole discretion. We reserve the right to add/discontinue any product, feature, or service anytime at our sole discretion.
The use of our services and/or Aven.io is strictly limited to parties who can lawfully enter into and form contracts on the Internet Please check your local law for the age of digital consent. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent’s or legal guardian’s permission to use Aven, and that your parent or legal guardian is agreeing to these Terms concurrently. If you are a parent or legal guardian of an Aven user who is unable to form a binding contract under applicable law, you are agreeing to these Terms and you are responsible for such Aven user’s activity on Aven. Aven is not available to any users who were previously removed from the Service.
3. Permitted use
You agree to use the the Services and/or Aven.io only for purposes that are permitted by these Terms of Services and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
You will not (and will not attempt to):
- Access any of the Services and/or Aven.io by any means other than through the interface that is provided by Aven;
- Gain unauthorized access to Aven’s infrastructure, or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services and/or Aven.io, Aven’s customers, or technology partners;
- Access any of the Services and/or Aven.io through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services and/or Aven.io for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Aven in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
4. Your Data
- You retain all right, title and interest in and to your Your Data in the form submitted to the Aven. Subject to these Terms, and solely to the extent necessary to provide the Cloud services to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data. Solely to the extent that reformatting Your Data for display in a Cloud service constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts in order to respond to your support requests.
- You agree to allow others to view Your Data when you mark it as public.
- You must not, and shall not store, transmit or otherwise provide Your Data or other information or data in a manner that: (i) infringes or violates any intellectual property rights, publicity/privacy rights, or other third party rights; violates any law or regulation (including without limitation export control laws and regulations and laws and regulations requiring consent to recordation of communications); or is defamatory, tortious, abusive, threatening, obscene, harmful to minors, child pornographic or otherwise illegal under any applicable law or regulation; (ii) contains any viruses, worms, pirated software, cracks, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents, programs or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (iii) is materially false or misleading.
- You represent and warrant that: (i) you have all necessary rights, licenses and consents to provide, receive, access and/or use Your Data and any other content you provide, receive, access and/or use through or in connection with Aven; and (ii) Your Data and our use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
- You can remove Your Data from your Account by deleting it. However, in certain instances, some of Your Data may not be completely removed. We are not responsible or liable for the removal or deletion of any of Your Data, or any failure to remove or delete such content.
- If you have found to violate any of the provision, we may give you a 48 hour warning period to remove the data. We reserve the right to immediately terminate your account/ or restrict your access to our Services and/or Aven.io at our sole discretion.
- We take no responsibility and assume no liability for Your Data. You shall be solely responsible for Your Data and the consequences of posting it, publishing it, sharing it, or otherwise making it available on Aven. You shall be solely responsible and indemnify us for Your Data.
5. Your Contributions
a. When commenting or posting, you are “Contributing” to Aven.io. You agree to follow the Code of Conduct when making any contributions. b. You grant Aven a license to your contributions to host your content publicly. Including the rights to store, perform, share, backup, and analyze your contributions. c. Aven.io moderators reserve the right at their sole discretion to remove/restrict/prohibit any Contributions.
7. Payments & Refunds
a. As our services are digital in nature, we do not offer any refunds. The payments are charged on 3 montly plans user can choose from. The Service is billed in advance on a monthly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made. b. Users are provided limited data/bandwith usage. Each plan offered includes a different cap on data storage and outbound data transfer. If usage over these limits requires Customer’s purchase of additional resources or services. Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. c. We will immediately bill you when you upgrade from the free trial period/free plan to any paying plan.
8. Free Trial Period
Aven offers a free 30 day trial period for the customers. If a customer registers for a free trial, Aven will make the applicable Service(s) available to Customer on a trial basis free of charge for a 30 day period which may be revoked at the sole discretion of Aven.
ANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD.
For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Aven reserves the right, in addition to taking any other action at law or equity, or shut down/terminate/restrict your Services and/or Aven.io access. We may provide a 7 day grace period for you to clear any outstanding payment at our discretion.
10. Limited License;
You may not: (a) resell or make any commercial use of the Services and/or Aven.io or any of the contents of the Services and/or Aven.io; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Services and/or Aven.io not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Services and/or Aven.io in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services and/or Aven.io or to collect any information from the Services and/or Aven.io or any other user of the Services and/or Aven.io.
You use the Services and/or Aven.io at your own risk. You agree that you will be personally responsible for your use of the Services and/or Aven.io and all of your communication and activity on the Services and/or Aven.io . If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to Services and/or Aven.io on a temporary or permanent basis and any decision to do so is final.
11. Accounts, Registrations, and Passwords
If you use the Services and/or Aven.io and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Aven is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Aven. You acknowledge and agree that any login, identifier, or password issued in connection with the Services and/or Aven.io (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Services and/or Aven.io using such a Password. You must notify Aven immediately of any breach of security or unauthorized use of your account. Aven cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on the Services and/or Aven.io
12. Intellectual Property Rights
Your use of the Services and/or Aven.io and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on theServices and/or Aven.io .
All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Services and/or Aven.io , are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at [email protected]
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Services and/or Aven.io.
13. Monitoring Activity
14. Digital Millennium Copyright Act
Aven expects all users to respect the intellectual property rights of others. Aven may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected] The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Aven to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
15. No Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SERVICES AND/OR AVEN.IO AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SERVICES AND/OR AVEN.IO AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE AT YOUR OWN RISK.
16. Limitation of Liability
You agree that in no event shall Aven be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Services and/or Aven.io or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Services and/or Aven.io or Aven' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
17. Third Party Content
Our Services and/or Aven.io may contain other content, products or services which are offered or provided by third parties; links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
You agree to indemnify and hold Aven and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Services and/or Aven.io, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
19. Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of California and you hereby submit to the exclusive jurisdiction of the courts in California where Aven LLC is based in.
21. Electronic Communications
When you visit the Services and/or Aven.io or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Services and/or Aven.io constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
25. Force Majeure
Aven is not liable for any delays caused by circumstances beyond Aven’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Aven shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Aven are entitled to terminate the purchase with immediate effect.
26. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Aven concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Services and/ or Aven.io. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Aven's right to act concerning subsequent or similar breaches.
27. Term and Termination
This agreement becomes effective the date that you first access the Services and/or Aven.io and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Services and/or Aven.io. Such restrictions may be temporary or permanent. Upon termination, your right to use this Services and/or Aven.io shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Aven shall survive any termination.
28. Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email to [email protected]