AVRIO AI TERMS OF USE

We work for you.

 

Terms Of Service

Avrio AI exists to support your job and career aspirations. These Terms of Service (“Terms”) govern your use of our products and our website, including www.avrioai.com, the Avrio mobile applications, memberships and other Avrio Services (collectively, the “Avrio Service”).

You must accept these Terms to create an Avrio account and to use the Avrio Service. If you do not have an account, you accept these Terms by visiting www.avrioai.com or using any part of the Avrio Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT www.avrioai.com OR USE THE AVRIO SERVICE.

 

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.avrioai.com. We will notify you by email, through the Avrio Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Avrio Service after a modification is posted, you will be asked to re-accept changes, you are telling us that you accept the modified terms.

 

Read Our Privacy Policy

Any information that Avrio collects through your use of the Avrio Service is subject to the Avrio Privacy Policy.

 

Who Can Use Avrio?

You may use the Avrio Service if you are over 16 years of age and are not barred from receiving services under applicable law.

 

Creating an Account

Use of the Avrio Service either as a free service, full service or the aspects of the Avrio Service that are generally available to the public may require that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. Avrio is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Avrio Service. These communications are part of the Avrio Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

 

Necessary Equipment

Full use of the Avrio Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Avrio Service and it is your responsibility to ensure the equipment’s functionality.

 

Posting Your Content To The Avrio Service

Avrio exists to support your job and career aspirations. To that end, we will provide your personal data to our partners or other third-parties who deliver a value add service so you may continue to reach your goals. You will have the option to opt-out.  We may host and process your resumes, your work and education history, your job preferences, your personal employment status, and other content (“Your Content”) on the Avrio Service. You retain all rights to Your Content that you post to the Avrio Service. By making Your Content available to, on or through the Avrio Service you grant to Avrio a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Avrio Service on your behalf. We may, however, analyze de-identified versions of Your Content in combination with similar content of other Avrio customers for the purposes of improving the Avrio Service, marketing and other activities that do not infringe your rights under these Terms or the Avrio Privacy Policy.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Avrio Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

 

Avrio’s Rights

“Avrio Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Avrio Service to you. Except for Your Content and the content of other users, the Avrio Content and Avrio Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Avrio Service.

 

What You Can Do On The Avrio Service

The Avrio Service is intended for your personal, non-commercial use.

While you are a user of the Avrio Service, Avrio grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Avrio Content, (2) access and use the software and mobile applications provided by the Avrio Service, and (3) use the software that is embedded into Avrio products as authorized in these Terms. This license is provided solely for your personal use of the Avrio Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Avrio Content, Avrio Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Avrio or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Things You Cannot Do On The Avrio Service

Except to the extent permitted by law, you may not do any of the following while accessing or using the Avrio Service: (1) use, display, mirror or frame the Avrio Service or any individual element within the Avrio Service, Avrio’s name (including FaceForward), any Avrio trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Avrio’s express written consent; (2) access or tamper with non-public areas of the Avrio Service, Avrio’s computer systems, or the technical delivery systems of Avrio’s providers; (3) test the vulnerability of any Avrio system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Avrio or any of Avrio’s providers or any other third party (including another user) to protect the Avrio Service or Avrio Content; (5) access the Avrio Service or Avrio Content through the use of any mechanism other than through the Avrio Service or Avrio API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Avrio provides to you or any other part of the Avrio Service.

 

Our Enforcement Rights

We are not obligated to monitor access or use of the Avrio Service, Avrio Content, or Your Content or to review or edit any Avrio Content or Your Content, but we have the right to do so for the purpose of operating the Avrio Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Avrio Service, any Avrio Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Avrio Content, Your Content, or your use of the Avrio Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Avrio Service.

 

Use The Avrio Service At Your Own Risk

Our goal is to provide helpful and accurate information on the Avrio Service, but we make no endorsement, representation or warranty of any kind about any Avrio Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Avrio Service. If you rely on any Avrio Content or the Avrio Service, you do so solely at your own risk.

 

Copyright Policy

Avrio respects copyright law and expects its users to do the same. It is Avrio’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a remedy for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Avrio Service infringe your copyright, you may send Avrio a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must comply with the DMCA and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; (ii) identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Avrio Service are covered by a single notification, a representative list of such works); (iii) identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Avrio to locate the material on the Avrio Service; (iv) your name, address, telephone number, and email address (if available); (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Avrio’s Copyright Agent a counter-notice containing the following information to the Copyright Agent: (a) Your physical or electronic signature; (b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

Notices and counter-notices with respect to the Avrio Service should be sent via email to: info@goavrio.com or via mail to: Avrio c/o FaceForward,, Inc., 18 Tremont Street, Boston, MA 02215 Attn: Copyright Agent.

 

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Avrio, or obtained from sources other than you.

 

You Agree to Receive Alerts And Notifications

As part of your use of the Avrio Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

 

Avrio Does Not Control Third-Party Services That You Link With Your Avrio Account

The Avrio Service may, from time to time, provide the opportunity for you to link your Avrio account, Avrio data, or the Avrio Service with Third-Party Services. Although we may offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the Avrio Service are not part of the Avrio Service. You acknowledge that these Terms and the Avrio Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

 

Changes To The Avrio Service

Avrio may change or discontinue, temporarily or permanently, any feature or component of the Avrio Service at any time without notice. Avrio is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Avrio Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Avrio products without prior notice to you.

 

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may archive or delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Avrio Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Avrio Service; Avrio’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE AVRIO SERVICE AND AVRIO CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Avrio Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Avrio Content. You acknowledge and agree that if you rely on any Avrio Content or the Avrio Service, you do so solely at your own risk.

 

Indemnity

You will indemnify and hold harmless Avrio and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Avrio Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Limitation Of Liability

NEITHER AVRIO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AVRIO SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AVRIO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVRIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL AVRIO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AVRIO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO AVRIO FOR USE OF THE AVRIO SERVICE OR ONE HUNDRED DOLLARS ($100) WHICHEVER IS LESS,

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVRIO AND YOU.

 

Dispute Resolution

You agree that any dispute between you and Avrio arising out of or relating to these Terms, the Avrio Service, or any other Avrio products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Avrio, you agree to try to resolve the Dispute informally by contacting info@goavrio.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Avrio may bring a formal proceeding.

We Both Agree To Arbitrate: You and Avrio agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@goavrio.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Cambridge, Massachusetts, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Avrio will pay all arbitration fees for claims less than $75,000. Avrio will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Avrio may assert claims, if they qualify, in small claims court in Boston, MA or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Avrio products or Avrio Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Avrio agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Boston, Massachusetts. Both you and Avrio consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Avrio products or Avrio Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Avrio and you regarding the Avrio Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Avrio and you regarding the Avrio Service and Avrio Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Avrio’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Avrio may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Avrio under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Avrio Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Avrio’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Avrio. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.