Terms of Service - avnato.com
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Terms of Service

Welcome to Avnato! By creating an Avnato Account or utilising any Avnato Services (as defined below), you signify your consent to be governed by the subsequent terms and conditions (the “Terms of Service”).

In the context of these Terms of Service, the terms “we,” “us,” “our,” and “Avnato” refer to the appropriate Avnato, and “you” pertains to the Avnato User (if registering for or utilising an Avnato Service as an individual) or the business employing the Avnato User (if registering for or utilising an Avnato Service as a business) and any affiliated entities.

Avnato, an e-commerce platform, is owned by Rollion Sp. z o.o. headquartered street Hoża, No. 86, Apt/Room 210, 00-682, Warsaw, Poland; registration number:.527865284 Our platform offers a comprehensive commerce solution, empowering Online Sellers to streamline and enhance their online business operations. Avnato provides a wide array of tools that enable Online Sellers to establish and customise online stores and sell products through various digital channels such as web, mobile, social media, online marketplaces, and other digital platforms (collectively called “Online Services”). Our platform also facilitates various aspects of business management, including inventory, payments, fulfilment, shipping, marketing, advertising, and interactions with existing and potential customers.

The services offered by Avnato, including the Online Services, are collectively referred to as the “Service(s)” in these Terms of Service. Any new features or tools integrated into the existing Services will also be governed by the terms outlined in these Terms of Service.

Before creating an Avnato Account or utilising any Avnato Service, you must carefully read, consent to, and agree to all the terms and conditions of these Terms of Service and Privacy Policy.

To fully comprehend your legal obligations, it’s essential to read the comprehensive Terms of Service, including any documents referenced within. By engaging with Avnato or any of its services, you express your agreement to these terms. We recommend checking back periodically for updates.

Account Terms

To access and utilise the services provided by Avnato, you must create an Avnato account (“Account”). To complete your Account registration, you must furnish us with accurate and complete information, including your full legal name, business address, phone number, valid email address, and any other details indicated as necessary. Avnato reserves the right to reject your Account application or terminate an existing Account at its sole discretion for any reason.

To open an Account, you must be either (i) at least 18 years old or (ii) the age of majority in your jurisdiction of residence.

You confirm that you use Avnato’s Services for business purposes and not for personal, household, or family use.

By registering for an Account, you acknowledge that the email address you provide during the Account creation process, or any subsequent updates, will serve as the primary method of communication between you and Avnato (“Email Address”). You must ensure that your Email Address is functional and capable of sending and receiving messages. It is your responsibility to monitor communications from Avnato via your Email Address.

Safeguarding your password is your responsibility. Avnato cannot be held liable for any loss or damage resulting from your failure to maintain the security of your Account and password. 

Avnato might request additional security measures at any time, and Avnato reserves the right to adjust these requirements at its discretion.

Technical support related to Avnato’s Services is exclusively available to registered users. For queries concerning the Terms of Service, please direct your inquiries to Avnato Support.

By accessing and using Avnato’s Services, you agree not to reproduce, duplicate, sell, resell, copy, or exploit any part of the platform, Services, or access without prior written consent from Avnato.

You agree not to attempt to circumvent any technical limitations of Avnato’s Services, including but not limited to processing transactions outside of Avnato’s checkout, enabling disabled features, or reverse-engineering the platform.

Automated access to Avnato’s Services, including through robots, spiders, scrapers, or other similar means, is prohibited. You acknowledge that your materials may be unencrypted and might undergo changes to adapt to technical requirements during transmission. “Materials” refer to your trademarks, copyrighted content, products or services offered on the platform (including descriptions and prices), photos, images, videos, written content, audio files, code, information, or other data you provide to Avnato.

Account Activation

Store Owner

The individual who initiates the registration process to access the Avnato Service and opens an Account will become the primary contracting party (“Store Owner”) under our Terms of Service framework. This Store Owner is also authorised to utilise any related Account provided by Avnato in connection with the Service. To ensure clarity, the Store Owner’s name (including the company’s legal name if applicable) must be prominently displayed on the Store’s website.

If you’re registering for the Services on behalf of your employer, your employer assumes the role of the Store Owner. In such cases, you must use an email address issued by your employer and affirm that you possess the authority to bind your employer to our Terms of Service.

Each Avnato Store can be linked to a single Store Owner. However, a Store Owner can oversee multiple Avnato Stores. It’s important to note that you agree to use Avnato Checkout for your store. In this context, “Store” refers to the online store hosted by Avnato or any physical retail location(s) linked to the Account.

Staff Accounts

Depending on your Avnato pricing plan, you can create one or more staff accounts (“Staff Accounts”) to grant access to other individuals within your Account. These Staff Accounts require complete legal names and valid email addresses. Through Staff Accounts, the Store Owner can regulate permissions and authorise others to operate within their Account while dictating their access level to specific business information (for example, restricting access to customer data or preventing changes to general store settings).

The Store Owner assumes responsibility for:

(a) ensuring that their employees, agents, and subcontractors, including those using Staff Accounts, adhere to these Terms of Service and 

(b) any violations of these Terms of Service by the Store Owner’s employees, agents, or subcontractors. 

The Store Owner acknowledges and agrees to their responsibility for fulfilling all obligations stipulated in the Agreement, regardless of whether any such obligations are subcontracted to third parties, including but not limited to any affiliates or subsidiaries of the Store Owner.

The Store Owner and users operating under Staff Accounts are collectively called “Avnato Users.”

Avnato Checkout

Upon successfully registering for the Service, Avnato will create an Avnato Checkout account using your Email Address.

Cash on Delivery is recognized as your default payment method. As the Store Owner, you must deactivate the payment method or gateway.

Avnato Rights

The Avnato Services include a wide range of features and functionalities. Please note that not all Services or features will be available to all Store Owners, and we are not obligated to provide specific Services or features in any jurisdiction. Except where prohibited by these Terms of Service or applicable law, we reserve the right to modify the Services or any part thereof for any reason, at any time, and without prior notice.

Any form of verbal or written abuse, including threats of abuse or retaliation, directed toward any Avnato employee or officer will immediately terminate your Account.

We reserve the right to provide our Services to businesses in competition with yours and offer no assurances of exclusivity. You also acknowledge and agree that Avnato employees and contractors may also be Avnato customers or Online Sellers, and they may engage in competitive activities. However, they are not permitted to use your Confidential Information (as defined in Section 6) for such purposes.

In the event of a dispute regarding the ownership of an Account, we hold the right to request documentation to verify or confirm Account ownership. Such documentation might include a scanned copy of your business licence, a government-issued photo ID, the last four digits of the credit card on file, or verification of your status as an employee of an entity.

Avnato reserves the right, at our sole discretion, to determine the rightful Account ownership and transfer an Account to the legitimate Store Owner. If it becomes difficult to reasonably identify the legitimate Store Owner without prejudice to our other rights and remedies, Avnato reserves the right to temporarily suspend or deactivate an Account until a resolution is reached between the disputing parties.

Your Responsibilities

You agree to provide accessible contact information, a clear refund policy, and defined order fulfilment schedules on your Avnato Store.

You understand that Avnato Services does not constitute a marketplace, and any sales agreement formed through the Services is a direct interaction between you and the customer. You are the seller for all items sold through the Services. You are responsible for establishing and managing your Avnato Store, your Materials, the products and services offered, and all transaction elements involving you and your customer(s). This includes but is not limited to charging customers for their purchases, handling refunds, managing returns, providing sales or customer support, addressing fraudulent activities, making necessary legal disclosures, complying with regulations, and addressing any violations of relevant laws (including consumer protection laws in any jurisdiction where you market products or services), and compliance with these Terms of Service. Your Store, Materials, and the goods and services you offer must be accurate, truthful, and comprehensive, and they must not violate any applicable laws, regulations, or third-party rights. Avnato will not assume the role of the Online Sellers and will not be responsible for your Store or items sold to customers through the Services.

You are solely responsible for the products or services you make available through the Services. This includes product descriptions, pricing, fees, tax calculations, addressing defects, legal disclosures, regulatory compliance, promotional content, and overall conformity with applicable laws and regulations.

Your usage of Avnato Services must be legal and authorised. While using the Service, you must avoid violating laws within your jurisdiction (including copyright laws) and those relevant to your customers’ jurisdictions. You pledge to uphold all applicable laws, regulations, and rules (including obtaining and abiding by any necessary licences or permits required for your store’s operation) throughout your use of the Service and fulfilling obligations according to the Terms of Service.

You use Avnato Checkout for all transactions related to your online store. “Avnato Checkout” refers to Avnato’s streamlined checkout process. It allows customers to input shipping information and payment details after adding items to their cart and before finalising an order.

Payment of Fees and Taxes

You are required to pay the relevant Fees for your plan (“Fees”) when you register for  Avnato’s online service.

Avnato does not charge Transaction Fees for third-party payment gateways. However, users are subject to the Transaction Fees set by these third-party payment gateways. 

The Fees are paid in advance and will be invoiced every 30 days, referred to as “Billing Dates.” Each Billing Date will include charges for any outstanding Fees not previously billed. A detailed invoice will be sent to the Store Owner via the provided Email Address.

If we cannot process the Fees within 28 days of the initial attempt, we reserve the right to suspend and revoke access to your Account and the Services. Your Account will be reactivated upon payment of outstanding Fees and Fees for the upcoming billing cycle. Note that access to your Account or storefront may be restricted during suspension. If exceptional Fees remain unpaid for 60 days after the suspension date, Avnato reserves the right to terminate your Account.

Third-party gateways,may have their associated fees as determined by those services.

The services offered by Avnato, including the Online Services, are collectively referred to as the “Service(s)” in these Terms of Service. These Terms of Service will also govern any new features or tools added to the existing Services.

You are solely responsible for determining, collecting, retaining, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges arising from any sale on your Avnato Store or using the Services. The Services do not function as a marketplace. Any sales contract conducted via the Services is a direct agreement between you and the customer.

You must accurately maintain your location in the administrative console of your Avnato Store. If you change jurisdictions, you must promptly update your location in the administrative console.

Avnato does not provide refunds unless there is a technical issue preventing the proper functioning of our Services. In such cases, Avnato will evaluate and address the issue to ensure a satisfactory resolution.

Confidentiality

“Confidential Information” refers to all non-public data related to a party’s business. This includes specific business details, technical methods, software, customer records, potential customer details, names, addresses, financial data (including processing fees), product blueprints, sales data, costs, pricing lists, and other undisclosed financial information. Additionally, it covers business strategies, marketing information, and other confidential, proprietary data, regardless of whether it’s marked as confidential or proprietary. For Avnato, Confidential Information includes explicitly all data related to us or the Services that isn’t publicly known, including details about our security programs and practices.

Both parties agree to use the other’s Confidential Information only as necessary to fulfil their obligations under these Terms of Service. Each party will take reasonable measures—similar to those used to protect their proprietary information—to prevent duplicating, disclosing, or using any such Confidential Information, except as 

(i) necessary for employees, agents, and subcontractors to perform their obligations under these terms, each of whom must be bound by confidentiality obligations at least as strict as those in these terms; or 

(ii) required by law, regulation, or court order, provided that if legally permissible, the receiving party promptly notifies the disclosing party in writing and makes commercially reasonable efforts to ensure the disclosed information receives confidential treatment. Confidential Information does not include information that the receiving party can demonstrate:

(A) was already public knowledge or in the receiving party’s possession at the time of disclosure;

(B) was independently developed by the receiving party without using the other party’s Confidential Information and without violating these Terms of Service or

(C) was obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability and Indemnification

You understand and agree that Avnato and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages to the extent permitted by applicable laws. These damages include but are not limited to loss of profits, goodwill, use, data, or other intangible losses arising from using, or inability to use, the Service or these Terms of Service (regardless of the cause, including negligence).

You agree to indemnify and hold us, as well as our subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers, harmless from any claim or demand, including reasonable attorney fees. These claims may arise due to or in connection with:

(a) your breach of these Terms of Service or related documents, 

(b) your violation of any law or the rights of a third party, or 

(c) any aspect of the transaction between you and your Customer. This includes refunds, fraudulent transactions, actual or alleged breaches of applicable laws, or your violation of the Terms of Service.

Any breach of the Terms of Service by your affiliates, agents, or subcontractors will be your responsibility and treated as your breach.

Your use of the Services is solely at your own risk. The Services are provided “as is” and “as available” without any explicit, implicit, or statutory warranty or condition.

Avnato makes no guarantee that the Services will remain uninterrupted, timely, secure, or error-free.

Additionally, Avnato does not assure that the results achievable through the Services will be precise or dependable.

Avnato is not responsible for any of your tax obligations or liabilities associated with using our Services.

Avnato does not guarantee the quality of any products, services, information, or other materials acquired through the Services or that any errors within the Services will be rectified.

Intellectual Property and Your Materials

Your Materials

Avnato respects your ownership rights over the materials you provide, but we require specific permission to utilise them. By using the Services, you grant Avnato a non-exclusive, transferable, sub-licensable, royalty-free, global right and licence to use, modify, distribute, display, create derivative works from, and otherwise interact with any Materials you provide. These rights enable us to operate, provide, and promote the Services and fulfil our obligations under these Terms of Service. You confirm that you have the necessary rights to grant this licence. Additionally, you waive any moral rights in the Materials favouring Avnato.

Before providing them to Avnato, the materials you owned remain yours, subject to any rights or licences granted in these Terms of Service or elsewhere. Removing your Avnato Store does not terminate rights or licences granted for Materials that Avnato needs to exercise rights or fulfil obligations that arose during the Term.

Avnato reserves the right to review and delete any or all Materials submitted to the Services, although we are not obligated to do so.

You also grant Avnato a non-exclusive, transferable, sub-licensable, royalty-free, global right and licence to use the names, trademarks, service marks, and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and fulfil our obligations under these Terms of Service. This licence will remain in effect after termination of the Terms of Service, but only to the extent necessary for Avnato to exercise rights or fulfil obligations arising during the Term.

Avnato Intellectual Property

You are prohibited from using Avnato’s trademarks, logos, or service marks, whether registered or unregistered, without explicit written authorization from Avnato. This includes refraining from adopting marks that may be confused with Avnato’s trademarks.

Furthermore, you are not permitted to purchase, register, or utilise search engine or pay-per-click keywords, trademarks, email addresses, social media names, or domain names (including top-level domains, sub-domains, and page URLs) containing Avnato’s trademarks or terms that may confuse with them.

It’s understood that these Terms of Service do not grant you any rights to utilise Avnato’s patents. 

Feedback and Testimonials

Avnato values your input and suggestions for enhancing our platform. Please note that any feedback you provide, whether directly or through our platform, may be utilised by Avnato without compensation or confidentiality. Your feedback permits us to integrate it into our services. When submitting reviews about third-party services or providers, ensure they are accurate, respectful, and compliant with our guidelines. While Avnato reserves the right to moderate or adjust such reviews, please be aware that we do not actively monitor them.

Privacy and Data Security

Ensuring the privacy and protection of your personal information and your customers is a top priority at Avnato. By using our services, you acknowledge and consent to our handling, utilisation, and sharing of personal data by our Privacy Policy.

Duration and Termination

These Terms of Service commence upon your completion of registration for our Service and remain effective until terminated by either party, as described below (the “Term”). You can terminate your Account and these Terms of Service anytime by contacting Avnato Support. Follow the instructions provided in Avnato’s response.

Avnato reserves the right to suspend or terminate your Account or these Terms of Service for any reason without prior notice and at any time (unless legally required otherwise). This includes situations where suspicion arises regarding your involvement in fraudulent activities related to Service usage, whether proven through conviction, settlement, insurance, escrow inquiry, or any other means. Terminating these Terms of Service does not negate any rights or obligations that arose before the termination date.

Upon termination of the Services by either party:

  • Avnato will cease providing Services, and you will lose access to your Account.
  • Unless specified otherwise in these Terms of Service, you are not entitled to any refunds for Fees, whether on a pro-rata basis or otherwise.
  • Any outstanding balance owed to Avnato for Services used until the termination date will become immediately payable in full.
  • Your Avnato Store will be deactivated.

If you purchased a domain name through Avnato, its automatic renewal will cease upon cancellation. After termination, you are solely responsible for managing all aspects of your domain with the domain provider.

If you owe any outstanding Fees at the time of Service termination, you will receive a final invoice via email. Upon full payment of this invoice, no further charges will be incurred.

Modifications

We reserve the sole right to revise or amend any section of these Terms of Service at any time. Significant changes affecting your use of the Services or your rights as outlined in these Terms of Service will be notified with reasonable advance notice. This may be done via email, Avnato administrative console, or similar means. However, Avnato may enact changes that significantly impact your use of the Services or your rights under these Terms of Service immediately under certain circumstances: (i) for legal, regulatory, fraud prevention, or security reasons, or (ii) to curtail unsafe, inappropriate, or offensive products or actions. Unless stated otherwise in our notice (if applicable), any amendments to the Terms of Service will take immediate effect upon publication of the updated terms. By continuing to access or use the Services after receiving notice, if applicable, or after the revised terms are posted, you agree to accept the changes and abide by the modified Terms of Service. If you disagree with the revised Terms of Service, you must cease accessing and using the Services.

Avnato reserves the right to adjust the Fees associated with the Services periodically. You will be notified of these Fee changes 30 days in advance, through an email to the Email Account, via the Avnato administrative console, or similar means. Avnato holds no liability to you or any third party for any changes, price variations, suspensions, or discontinuations of the Services (or any part thereof).

General Conditions

These Terms of Service and the incorporated documents constitute the entire agreement governing your relationship with Avnato regarding the use of our Services and your Account. This agreement supersedes any prior agreements, including previous versions of these Terms of Service.

Avnato’s failure to enforce any right or provision within these Terms of Service shall not constitute a waiver of that right or provision. If any provision of these Terms, including its terms, conditions, or other referenced documents, is determined by a court of competent jurisdiction to conflict with the law, that provision will be amended and interpreted to best achieve the goals of the original provision within the extent permitted by law. The remaining provisions of the Terms of Service will remain valid and effective.

Individuals or entities accessing Avnato Services by these Terms of Service do not possess the right to enforce any term of these Terms unless explicitly specified. This applies whether such individuals or entities are identified by name, as part of a class, or fitting a particular description. This provision does not affect the rights of any permissible assignee or transferee of these Terms.

All terms and provisions within these Terms of Service will be binding upon and advantageous to the parties mentioned, their heirs, successors, authorized assignees, and legal representatives. Avnato reserves the right to assign these Terms of Service without your prior notice or consent. You do not have the right to assign or transfer the Terms of Service, or any rights or responsibilities herein, to any third party without Avnato’s prior written consent, which will be granted or withheld at Avnato’s sole discretion.

If any provision or part of a provision within these Terms of Service is deemed invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) within the Terms of Service.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please don’t hesitate to reach out to us. You can contact our support team through the following channels: