Terms Of Use | Avanquest Developers

These Terms of Use (“Terms”), along with any applicable Product Specific Terms (definition below) (jointly, the “Terms”) govern your use of and access to our websites, web-based/ applications, features and products, technical or customer, support, discussion forums or other interactive areas or services, and supplemental services (collectively, the “Services”) and your installation and use of any software product that we include as part of the Services, including, without limitation, mobile and desktop applications, scripts, and related documentation (collectively, the “Software”). If you have entered into another agreement with us concerning specific Services and Software, then the terms of that agreement control where it conflicts with the Terms.These Terms constitute a binding legal agreement between the Binding Entities (defined below) and you. If you are using the Services or the Software, you affirm that you are of legal age to enter into the terms, or, if you are not, that you have obtained parental or guardian consent to enter into the Terms.You must be 13 or older to use the Services and register for an account with us.If you reside in Central or North America (inclusive of the United States and Canada), your relationship is with 7270356 Canada Inc. (“Avanquest NA”), a Canadian company, and the Terms are governed by, and construed and interpreted in accordance with, the laws of the State of Quebec, Canada. If you reside outside of North America, your relationship is with Avanquest Software S.A.S (“Avanquest FR”), a French company and the Terms are governed by, and construed and interpreted in accordance with, the laws of France, and, as applicable, the European Commission, unless preempted by local law. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited by law to do so. For purposes of the Terms, “Avanquest” “us” “we” and “our” mean either Avanquest NA or Avanquest FR, as applicable, or both, when applicable to both entities.These Terms are designed to include, and incorporate by reference, additional terms and conditions, applicable as follows:

● Product-specific terms and licenses. If you choose to install and/or purchase a license of one or more of our Software, additional - product-specific terms may apply to such Software. This includes - however, is not limited to the End User License Agreement (“EULA”) if you are an individual, and a License Agreement if you are acting on behalf of a business customer.
● Privacy Policy. Our privacy policy, available at link to the privacy policy, is designed to explain our data processing activities.
● Cookie Policy (applicable in the EU and UK). In some countries, the law requires that we place a cookie policy, describing the way our website utilizes web tracking technologies. You will find our Cookie Policy in the following jurisdictions: European Union (EU) countries and the United Kingdom(UK).
● Data Processing Agreement (for business customers). In some countries, the law requires that we put a data protection agreement in place with you if we handle Personal Data (as defined in the applicable agreement) for you as part of our Services and Software. This agreement is the EU Data

Processing Agreement, and will be made available upon applicability.By accessing any website that links to these Terms, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you should not use our Services. Continued use of our Services signifies acceptance of the Terms.If you do not agree to these terms, you should discontinue the use of our Services and uninstall any software provided.We may make changes to the Terms from time to time when we update our Services or Software, or when we want to meet an applicable regulatory requirement. If we make any significant changes, we will notify you, otherwise, the changes will be reflected in the “last updated” statement heading the Terms. Please review the Terms regularly. If you do not agree to the amended Terms, you shall cease using our Services and Software and, if applicable, cancel your subscription.

4. Description of Services

We provide various software products and online services, including but not limited to PC optimization tools, PDF management tools, photo editing software, and other tools and feature privacy protection applications. These services are accessible via our websites, web apps, and downloadable software.Our Services and Software are licensed, not sold. Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, non-commercial, revocable right to access, use, and install (when applicable) the Services and Software that we make available to you (“License”), and that you license from us, for the term and territories denied in the Service license you chose to purchase, or otherwise use. The License is for personal non-commercial use and cannot be shared. The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first licensed them from us. You agree that your decision to use, access, or license the Services and Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.We may provide free or trial Services or Software, offers, and trial subscriptions at our sole discretion. Ifaccess to the Services and Software is provided to you for free, as a complimentary service, or for trial purposes, such access is governed by these Terms. At any time before or during the free, complimentary services, or trial period, we may, in our sole discretion, terminate that access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free, complimentary services, or trial access.Upon expiry of the free, complimentary services, or trial access period, you may continue using the Services or Software in a paid subscription, if available, or as otherwise permitted by us. During the free, complimentary services, or trial period, no express or implied warranties shall apply to the Services and Software; all Services and Software are provided “as-is” with all defects, and no technical or other support is included.You shall not: (a) modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Service or software; (b) create any derivative works from all or any portion of the Services or Software; (c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or Software; (d) use a previous version of the Services or Software after receiving a media replacement or upgraded version as a replacement to a prior version; (e) not remove or obscure any copyright or trademark notices, or the copyright and trademark notices of third parties that we or our licensors included in the Services or Software; (f) use the Services or Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; (g) use the Services or Software in any manner that is illegal or not authorized by these Terms.Some of the Services or Software allow you to sign up for an account with us, and some will require an account to be made accessible to you (“Account”). You, as a personal user, are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You may not share your account information whether intentionally or unintentionally, or use another person’s account.You are responsible for taking reasonable steps to maintain the security and control of your Account. We may require you to enable multi-factor authentication and provide details of another device you own (such as a phone number or an alternate email) for security purposes. We assume no responsibility for any loss you may sustain due to a compromise of your Account login credentials, or your failure to follow or act on any notices or alerts that we may send to your email address or phone number. You are responsible for keeping your email address and phone number up to date to receive any notices or alerts we may send you, and you are also responsible for carefully reviewing any messages purporting to be from us. We assume no responsibility if you can’t access your Account because you cannot provide the appropriate login credentials, such as a password, email address, or phone number. If you suspect that your Account or any of your security details have been compromised, please contact our support at [email protected].Some of the Services may include registration to the mailing list and updates. By enrolling in ou mailing list, you agree to receive periodic emails from us, including newsletters, promotional offers, updates, and other communications related to the Services, Software or promotional offers. You can unsubscribe at any time by clicking the "unsubscribe" link at the bottom of any email we send or by contacting our customer support at: [email protected]. We are committed to protecting your privacy and will handle your personal information in accordance with our Privacy Policy (available at link to privacy policy). Your consent to receive our emails is voluntary, and you may choose to withdraw it at any time. For more details on how we use and protect your information, please refer to our Privacy Policy.Some Services or Software may be available only upon license purchase. When you choose to go through a purchase process, you may be transferred to a third-party service providing the payment processing services. Please make sure to read and agree to any third-party payment processor’s terms and conditions before you make any purchase. Trials may be offered for some products, allowing users to test the software before committing to a purchase. Trials are typically time-limited and may include reduced functionality. You authorize us or our authorized third-party payment processors to store your payment method and use it in connection with your use of the Services and Software as described in your chosen subscription or license and purchase terms and conditions. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.You must use the Services and Software responsibly and shall not misuse the Services and Software. By way of example only, that should not limit the generality of the above, you must not: (a) use the Services and Software without, or in violation of, any applicable law, rule or regulation, or with any written license or agreement with us; (b) copy, scrap, modify, host, stream, sublicense, or resell the Services and Software, or use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes; (c) enable or allow others to use the Services and Software using your account information; (d) offer, use, or permit the use of or access to the Services and Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party; (e) construct a database or dataset using, including, or comprised of the Services or Software or respective content, including - without limitation, for the purpose of reverse engineering; (f) access or attempt to access the Services and Software by any means other than the interface we provide or authorize; (g) circumvent any access or use restrictions put into place to prevent certain uses of the Services and Software; (h) defame or disparage any other person, physical and legal, or make comments of an obscene, derogatory or offensive manner or otherwise use the Services or Software or respective content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; (i) Share or generate any content, or engage in behavior that violates Intellectual Property Rights of us or others.“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights; (j) Share or generate any content or engage in behavior that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another’s privacy, hateful, or otherwise objectionable; (k) share or generate any illegal content, using the Services or Software or in relation with the Services or Software; (l) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review; (m) attempt to intrude, disable, impair, or destroy the Services and Software; (n) upload, transmit, store, or make available any content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services and Software; (o) disrupt, interfere with, or inhibit any other user from using the Services and Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm); (p) engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or other unsolicited messages or engage in any fraudulent activity; (q) place or inject an advertisement of any products or services in the Services except with our prior written approval; (r) artificially manipulate or disrupt the Services and Software; (s) create user accounts for the purpose of violating the Terms, including, but not limited to, creating fake accounts, or circumventing account termination; (t) manipulate or otherwise display the Services and Software by using framing or similar navigational technology.The above restrictions are a condition of your use of the Services and/or Software, and you agree to abide by them at all timesWe do not assume any liability or any financial or legal responsibility resulting from a misuse of the Services or Software other than the intended fair use. You are solely responsible for the use that you make of the Services and Software.We (and our licensors, as applicable) remain the sole owner of all rights, titles, and interests in the Services and Software. Except as explicitly stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the items in the Services or Software. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Terms.We respect the Intellectual Property Rights of others, and we expect you to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about our IP Takedown policies and practices here.

10. User Content

We may host user-generated content (UGC) from our users. If you access our Services, you may come across UGC that you find offensive or upsetting. We bear no responsibility for such UGC, and we urge you to notify us so we can address the matter properly. If available, you may also click on the “Report” button to report this content to us. You may learn more about our content moderation policies and practices, including how to report content to us in our Acceptable Use Policy.Between you and us, you are the owner of your Content (defined below), and you license it to us in order to use it in the Services. The term “Content” shall mean any content you generate, upload or use with the Services or Software, including any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software.You are hereby granting us and our affiliates and third-party vendors, for the purpose of operating and providing you the Services and Software, a non-exclusive, worldwide, royalty-free license to do the following with your Content: reproduce, make copies of your Content, or to cache your Content, Distribute, (for example, to publish your work under your direction to third-party platforms or services, to share Content through our Services, or to allow these authorized people to download your Content, create derivative works, publicly display, publicly perform and sublicense the foregoing rights to third parties acting on our behalf (for example, we utilize trusted cloud infrastructure providers and content delivery networks subject to confidentiality and privacy restrictions to provide you with faster access to your Content).If you post your Content on our servers to publicly Share through the Services, we, our affiliates or any third party are not responsible for (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than us; or (c) the inclusion of your Content by third parties on other websites or in other media.You are explicitly prohibited from posting, uploading, or transmitting any content through the Services or Software that is (a) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Infringes any Intellectual Property Rights or other rights of any party; (c) Contains viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous; (e) Constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling; (f) Impersonates any person or entity, including any of our employees or representatives; (g) Violates any local, state, national, or international law or regulation.We reserve the right to remove any content that violates these terms, and to terminate or suspend access to the Services for users who engage in such activities. Users found violating these rules may also be reported to the appropriate legal authorities.

11. Third-Party Content and Services

We may make third-party software and services (including plug-ins and extensions) available to you through the Services and Software. Some of the features or tools we offer as part of the Services or Software may utilize third-party technology or service. Any interaction, engagement with or purchase you make of Third-party software and services are not part of these Terms and the terms and conditions of such third party shall apply. Some third-party terms that may apply to your use of the Services and Software are available here: [link]. It is your responsibility to review, agree and comply with all applicable third-party terms.Our Privacy Policy (available at: link to the privacy policy) is an integral part of these Terms. It outlines how we collect, use, disclose, and protect personal information when you use our Services and/or Software. By using our Services, you consent to the data practices described in our Privacy Policy.Some regions require that we post a cookie policy to explain the cookies, tags and pixels used in the Services, by us and by third parties. If you access the Services from the EU or UK, you may find this information in a dedicated Cookie Policy that will be available to you. Our Cookie Policy explains how we use cookies and similar tracking technologies on our websites and web apps. By using our Services, you agree to the use of cookies as described in this policy. Key points include:Unless explicitly stated in the Terms or any applicable EULA or product-specific supplemental terms, in no event shall we - jointly or individually, be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages resulting from loss of use, data, reputation, revenue, or profits; or damages based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action or arising out of or in connection with your use of or access to the Services and Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of us or our employees, death, or personal injury. In no event shall our total liability in any matter arising out of or related to the Terms be greater than (a) US $150; or (b) the aggregate amount that you paid for access to the Services and Software during the 6 month period preceding the event giving rise to the liability. Our vendors or any other third party will have no liability in any matter arising out of or related to the Terms.These limitations and exclusions in this section apply to the maximum extent permitted by law even if a remedy does not fully compensate you for any losses or fails of its essential purpose; or we, jointly or individually, knew or should have known about the possibility of damages.Unless explicitly stated in the Terms or any applicable EULA or product-specific supplemental terms, the Services and Software are provided “AS-IS” and “AS-AVAILABLE”. To the maximum extent permitted by law, we, our affiliates, and third-party providers (“Parties”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Parties make no commitments about the content within the Services or Software. The Parties further disclaim any warranty that (a) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the result obtained from the use of the Services and Software will be effective, accurate, or reliable; (c) the quality of the Services and Software will meet your expectations; or (d) any errors or defects in the Services and Software will be corrected. The Parties specifically disclaim all liability for any actions resulting from your use of any Services and Software. You may use and access the Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service and Software.You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees, arising out of, or related to (a) your use of the Services or Software; (b) Content you generate, uploaded or created; (c) your interactions with any other users; or (d) your violation of the Terms. We have the right to control the defense of any matter that is subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any matter.You may cancel your subscription and terminate your use of the Services and Software at any time. Cancellation or termination of your account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees, if applicable.Unless explicitly stated otherwise in the Terms or any applicable agreement or policy, we reserve theright at any time to immediately terminate or suspend your right to use and access the Services and Software, in any of the following occurrences, subject to our sole discretion: (a) an actual, alleged or suspected breach of any provision of the Terms; (b) failure to make timely payment of fees for the Services and Software, if any; (c) an abuse, threat, bully, or harassing behavior; (d) repeated complaints in bad faith or without a reasonable basis; (e) violation of any applicable law; (f) we choose to discontinue the Services and Software, in whole or in part if it becomes impractical for us to continue offering Services in your region due to change of law, or other reason; or (g) an extended period of inactivity in your free account.If we terminate the Terms or your use of the Services and Software for reasons other than for a cause, we will make reasonable efforts to notify you via the email address you provide to us.Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. The following terms shall survive any termination: Intellectual Property, User Conduct, Indemnification obligations, Warranty Disclaimers and Limitations of liabilities, and the dispute resolution provisions stated in the Terms will survive.Before initiating any dispute or for any inquiry related to a potential dispute, please contact first our customer care at: [email protected].If you are a North or Central America-based customer, these Terms are governed by and construed in accordance with the laws of Quebec, Canada. Any disputes arising out of or related to these Terms or the use of the Services shall be resolved exclusively in the courts located in the province of Montreal, Quebec, Canada.If you’re an EEA-based consumer, please contact us to resolve issues directly. The European Commission also offers an Online Dispute Resolution (ODR) platform, but we are not legally required to use this or other alternative dispute resolution platforms. For customers based outside of Central or North America, these Terms are governed by the laws of the European Commission, and the following dispute mechanism shall apply: Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the International Chamber of Commerce (ICC), which are deemed to be incorporated by reference into this clause.The seat of arbitration shall be London, England. The language of the arbitration shall be English or French. The arbitration shall be conducted by a sole arbitrator unless otherwise agreed by the parties in writing.You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.If you are a U.S. government entity, or if the Terms are or become subject to the Federal Acquisition Regulations (FAR), then the Services and Software, provided under the Terms are “Commercial Product(s) or Commercial Service(s)”, as those terms are defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Federal Government End Users (a) only as Commercial Products and Services; and (b) with only those rights as are granted to all other end users under the Terms. Unpublished rights are reserved under the laws of the United States.These Terms may be available in more than one language for convenience. The English version of the Terms will be the version used when interpreting or construing the Terms.You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under the Terms to a third party without your consent.Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to us) under the Terms if the delay or failure is due to unforeseen events, that occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.We are open to receiving any feedback from you about the Services, Software or these Terms ("Feedback"). If you choose to provide us with your Feedback, you agree that we are free to use it for our business purposes without any payment or other obligation to you. We welcome you to reach out to us with any Feedback before making any public or private claim, argument, or comment, to allow us the opportunity to learn.If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to us) under the Terms if the delay or failure is due to unforeseen events, that occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.If you have any questions, or concerns, or need assistance regarding these Terms or our Services, you can contact us using the following methods:

● Email: [[email protected]]
● Mailing Address: Avanquest 7270356 Canada Inc. 7075 Robert-Joncas Place, Suite 142, Saint-Laurent, Quebec, H4M 2Z2, Canada

For customer support and inquiries related to specific products, please refer to the contact details provided within the product documentation or on our website.We strive to respond to all inquiries promptly and provide the necessary assistance to resolve any issues you may have. Your feedback is important to us, and we encourage you to reach out with any comments or suggestionsThe following supplemental terms will apply to the residents of the stated jurisdictions:Notice of Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our DMCA agent with the following information:

● A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
● A description of the copyrighted work that you claim has been infringed.
● A description of where the material that you claim is infringing is located on the site.
● Your address, telephone number, and email address.
● A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA Agent Contact Information: [DMCA Agent Email]Counter-Notice Procedures: If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with our DMCA Agent, containing the following information:

● Your physical or electronic signature.
● 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.
● A statement by you, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content.
● Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your district or, if you are outside of the United States, the jurisdiction of the federal courts located in the Northern District of California, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.