Terms of Use
These Terms of Use ("Terms")
were last updated on June 8, 2024.
Please review these Terms carefully as they serve as an enforceable
contract between us and contain important information about your legal rights,
remedies, and obligations.
IF YOU LIVE IN THE UNITED STATES OR CANADA, BY AGREEING TO THESE TERMS,
YOU AGREE TO RESOLVE ALL DISPUTES WITH AVES DIGITAL ACADEMY IN SMALL CLAIMS
COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT
TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY, AS
EXPLAINED IN THE DISPUTE RESOLUTION SECTION.
Aves Digital Academy’s mission
is to improve lives through learning. We enable anyone anywhere to create and
share educational content (instructors) and to access that educational content
to learn (students). We consider our marketplace model the best way to offer
valuable educational content to our users. We need rules to keep our platform
and services safe for you, us, and our student and instructor community. These
Terms apply to all your activities on the Aves Digital Academy website, the Aves
Digital Academy mobile applications, our TV applications, our APIs, and other
related services (“Services”).
If you publish a course on the Aves Digital Academy platform, you must
also agree to the Instructor Terms. We also provide details regarding our processing of personal data of
our students and instructors in our Privacy Policy. If you are using Aves Digital Academy as part of
your employer’s Aves Digital Academy Business learning and development program,
you can consult our Aves Digital Academy Business Privacy Statement. Our Instructor Terms, Privacy
Policy, and other Aves Digital Academy policies applicable to your
use of our Services are incorporated by reference into these Terms.
Our website and apps cause communications about your browsing and app
activities and app usage to be sent from you to third parties who provide
services to Aves Digital Academy. By using our Services, you consent to these
communications.
Table of Contents
1. Accounts
You need an account for most
activities on our platform. Keep your password somewhere safe, because you’re
responsible for all activity associated with your account. If you suspect
someone else is using your account, let us know by contacting our Support Team. You must have reached the age
of consent for online services in your country to use Aves Digital Academy.
You need an account for most
activities on our platform, including to purchase and access content or to
submit content for publication. When setting up and maintaining your account,
you must provide and continue to provide accurate and complete information,
including a valid email address. You have complete responsibility for your
account and everything that happens on your account, including for any harm or
damage (to us or anyone else) caused by someone using your account without your
permission. This means you need to be careful with your password. You may not
transfer your account to someone else or use someone else’s account. If you
contact us to request access to an account, we will not grant you such access
unless you can provide us with the information that we need to prove you are
the owner of that account. In the event of the death of a user, the account of
that user will be closed.
You may not share your account login credentials with anyone else. You
are responsible for what happens with your account and Aves Digital Academy
will not intervene in disputes between students or instructors who have shared
account login credentials. You must notify us immediately upon learning that
someone else may be using your account without your permission (or if you
suspect any other breach of security) by contacting our Support Team. We may request some
information from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to create an
account on Aves Digital Academy and use the Services. If you are younger than
18 but above the required age for consent to use online services where you live
(for example, 13 in the US or 16 in Ireland), you may not set up an account,
but we encourage you to invite a parent or guardian to open an account and help
you access content that is appropriate for you. If you are below this age of
consent to use online services, you may not create a Aves Digital Academy
account. If we discover that you have created an account that violates these
rules, we will terminate your account. Under our Instructor Terms, you may be requested to verify
your identity before you are authorized to submit content for publication on Aves
Digital Academy.
You can terminate your account at any time by following the steps here. Check our Privacy
Policy to see what happens when you terminate your account.
2. Content Enrollment and
Lifetime Access
When you enroll in a course or
other content, you get a license from us to view it via the Aves Digital
Academy Services and no other use. Don’t try to transfer or resell content in
any way. We generally grant you a lifetime access license, except when we must
disable the content because of legal or policy reasons or for enrollments via
Subscription Plans.
Under our Instructor Terms, when instructors publish
content on Aves Digital Academy, they grant Aves Digital Academy a license to
offer a license to the content to students. This means that we have the right
to sublicense the content to enrolled students. As a student, when you enroll
in a course or other content, whether it’s free or paid content, you are
getting a license from Aves Digital Academy to view the content via the Aves
Digital Academy platform and Services, and Aves Digital Academy is the licensor
of record. Content is licensed, and not sold, to you. This license does not
give you any right to resell the content in any manner (including by sharing
account information with a purchaser or illegally downloading the content and
sharing it on torrent sites).
In legal, more complete terms, Aves Digital Academy grants you (as a
student) a limited, non-exclusive, non-transferable license to access and view
the content for which you have paid all required fees, solely for your
personal, non-commercial, educational purposes through the Services, in
accordance with these Terms and any conditions or restrictions associated with
the particular content or feature of our Services. All other uses are expressly
prohibited. You may not reproduce, redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, create derivative works of,
sublicense, or otherwise transfer or use any content unless we give you
explicit permission to do so in a written agreement signed by a Aves Digital
Academy authorized representative. This also applies to content you can access
via any of our APIs.
We generally give a lifetime access license to our students when they
enroll in a course or other content. However, we reserve the right to revoke
any license to access and use any content at any point in time in the event
where we decide or are obligated to disable access to the content due to legal
or policy reasons, for example, if the course or other content you enrolled in
is the object of a copyright complaint, or if we determine it violates
our Trust &
Safety Guidelines. This lifetime access license does not apply to enrollments via
Subscription Plans or to add-on features and services associated with the
course or other content you enroll in. For example, instructors may decide at
any time to no longer provide teaching assistance or Q&A services in
association with the content. To be clear, the lifetime access is to the course
content but not to the instructor.
Instructors may not grant licenses to their content to students
directly, and any such direct license shall be null and void and a violation of
these Terms.
3. Payments, Credits, and
Refunds
When you make a payment, you
agree to use a valid payment method. If you aren’t happy with your content, Aves
Digital Academy offers a 30-day refund or credit for most content purchases.
3.1 Pricing
The prices of content on Aves
Digital Academy are determined based on the terms of the Instructor Terms and our Promotions
Policy. In some instances, the price of content offered on the Aves
Digital Academy website may not be exactly the same as the price offered on our
mobile or TV applications, due to mobile platform providers’ pricing systems
and their policies around implementing sales and promotions.
We occasionally run promotions and sales for our content, during which
certain content is available at discounted prices for a set period of time. The
price applicable to the content will be the price at the time you complete your
purchase of the content (at checkout). Any price offered for particular content
may also be different when you are logged into your account from the price
available to users who aren’t registered or logged in, because some of our
promotions are available only to new users.
If you are logged into your account, the listed currency you see is
based on your location when you created your account. If you are not logged
into your account, the price currency is based on the country where you are
located. We do not enable users to see pricing in other currencies.
If you are a student located in a country where use and sales tax, goods
and services tax, or value added tax is applicable to consumer sales, we are
responsible for collecting and remitting that tax to the proper tax
authorities. Depending on your location, the price you see may include such
taxes, or tax may be added at checkout.
3.2 Payments
You agree to pay the fees for
content that you purchase, and you authorize us to charge your debit or credit
card or process other means of payment (such as Rupay, SEPA, direct debit, or
mobile wallet) for those fees. Aves Digital Academy works with payment service
providers to offer you the most convenient payment methods in your country and
to keep your payment information secure. We may update your payment methods
using information provided by our payment service providers. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or
unauthorized payment method. If your payment method fails and you still get
access to the content you are enrolling in, you agree to pay us the
corresponding fees within 30 days of notification from us. We reserve the right
to disable access to any content for which we have not received adequate
payment.
3.3 Refunds and Refund Credits
If the content you purchased is
not what you were expecting, you can request, within 30 days of your purchase
of the content, that Aves Digital Academy apply a refund to your account. This
refund option does not apply to Subscription Plan purchases, which are covered
in Section 8.4 (Payments and Billing) below. We reserve the right to apply your
refund as a refund credit or a refund to your original payment method, at our
discretion, depending on capabilities of our payment service providers, the
platform from which you purchased your content (website, mobile or TV app), and
other factors. No refund is due to you if you request it after the 30-day guarantee
time limit has passed. However, if the content you previously purchased is
disabled for legal or policy reasons, you are entitled to a refund beyond this
30-day limit. Aves Digital Academy also reserves the right to refund students
beyond the 30-day limit in cases of suspected or confirmed account fraud.
To request a refund, follow the steps here. As detailed in the Instructor Terms, instructors agree that
students have the right to receive these refunds.
If we decide to issue refund credits to your account, they will be
automatically applied towards your next content purchase on our website, but
can’t be used for purchases in our mobile or TV applications. Refund credits
may expire if not used within the specified period and have no cash value, in
each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such
as if you’ve consumed a significant portion of the content that you want to
refund or if you’ve previously refunded the content, we reserve the right to
deny your refund, restrict you from other future refunds, ban your account,
and/or restrict all future use of the Services. If we ban your account or
disable your access to the content due to your violation of these Terms or
our Trust &
Safety Guidelines, you will not be eligible to receive a refund. Additional information
on our refund policy is available here.
3.4 Gift and Promotional Codes
Aves Digital Academy or our
partners may offer gift and promotional codes to students. Certain codes may be
redeemed for gift or promotional credits applied to your Aves Digital Academy
account, which then may be used to purchase eligible content on our platform,
subject to the terms included with your codes. Other codes may be directly
redeemable for specific content. Gift and promotional credits can’t be used for
purchases in our mobile or TV applications.
These codes and credits, as well as any promotional value linked to
them, may expire if not used within the period specified in your Aves Digital
Academy account. Gift and promotional codes offered by Aves Digital Academy may
not be refunded for cash, unless otherwise specified in the terms included with
your codes or as required by applicable law. Gift and promotional codes offered
by a partner are subject to that partner’s refund policies. If you have
multiple saved credit amounts, Aves Digital Academy may determine which of your
credits to apply to your purchase. Check out our Support Page and any terms included
with your codes for more details.
4. Content and Behavior Rules
You can only use Aves Digital
Academy for lawful purposes. You’re responsible for all the content that you
post on our platform. You should keep the reviews, questions, posts, courses
and other content you upload in line with our Trust & Safety Guidelines and the law, and respect
the intellectual property rights of others. We can ban your account for
repeated or major offenses. If you think someone is infringing your copyright
on our platform, let us know.
You may not access or use the
Services or create an account for unlawful purposes. Your use of the Services
and behavior on our platform must comply with applicable local or national laws
or regulations of your country. You are solely responsible for the knowledge of
and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the
instructors of courses or other content you are enrolled in, and to post
reviews of content. For certain content, the instructor may invite you to
submit content as “homework” or tests. Don’t post or submit anything that is
not yours.
If you are an instructor, you can submit content for publication on the
platform and you can also communicate with the students who have enrolled in
your courses or other content. In both cases, you must abide by the law and
respect the rights of others: you cannot post any course, question, answer,
review or other content that violates applicable local or national laws or
regulations of your country. You are solely responsible for any courses,
content, and actions you post or take via the platform and Services and their
consequences. Make sure you understand all the copyright restrictions set forth
in the Instructor Terms before you submit any content for publication on Aves Digital
Academy.
If we are put on notice that your course or content violates the law or
the rights of others (for example, if it is established that it violates
intellectual property or image rights of others, or is about an illegal
activity), if we discover that your content or behavior violates our Trust
& Safety Guidelines, or if we believe your content or behavior
is unlawful, inappropriate, or objectionable (for example if you impersonate
someone else), we may remove your content from our platform. Aves Digital
Academy complies with copyright laws. Check out our Intellectual
Property Policy for more details.
Aves Digital Academy has discretion in enforcing these Terms and
our Trust & Safety Guidelines. We may restrict or terminate
your permission to use our platform and Services or ban your account at any
time, with or without notice, for any or no reason, including for any violation
of these Terms, if you fail to pay any fees when due, for fraudulent chargeback
requests, upon the request of law enforcement or government agencies, for
extended periods of inactivity, for unexpected technical issues or problems, if
we suspect that you engage in fraudulent or illegal activities, or for any
other reason in our sole discretion. Upon any such termination we may delete
your account and content, and we may prevent you from further access to the
platforms and use of our Services. Your content may still be available on the
platforms even if your account is terminated or suspended. You agree that we
will have no liability to you or any third party for termination of your
account, removal of your content, or blocking of your access to our platforms
and services.
If a user has published content that infringes your copyright or
trademark rights, please let us know. Our Instructor Terms require our instructors to
follow the law and respect the intellectual property rights of others. For more
details on how to file a copyright or trademark infringement claim with us, see
our Intellectual
Property Policy.
5. Aves Digital Academy’s Rights
to Content You Post
You retain ownership of content
you post to our platform, including your courses. We’re allowed to share your
content to anyone through any media, including promoting it via advertising on
other websites.
The content you post as a
student or instructor (including courses) remains yours. By posting courses and
other content, you allow Aves Digital Academy to reuse and share it but you do
not lose any ownership rights you may have over your content. If you are an
instructor, be sure to understand the content licensing terms that are detailed
in the Instructor Terms.
When you post content, comments, questions, reviews, and when you submit
to us ideas and suggestions for new features or improvements, you authorize Aves
Digital Academy to use and share this content with anyone, distribute it and
promote it on any platform and in any media, and to make modifications or edits
to it as we see fit.
In legal language, by submitting or posting content on or through the
platforms, you grant us a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display, and distribute your content (including your name
and image) in any and all media or distribution methods (existing now or later
developed). This includes making your content available to other companies,
organizations, or individuals who partner with Aves Digital Academy for the
syndication, broadcast, distribution, or publication of content on other media,
as well as using your content for marketing purposes. You also waive any rights
of privacy, publicity, or other rights of a similar nature applicable to all
these uses, to the extent permissible under applicable law. You represent and
warrant that you have all the rights, power, and authority necessary to
authorize us to use any content that you submit. You also agree to all such
uses of your content with no compensation paid to you.
6. Using Aves Digital Academy at
Your Own Risk
Anyone can use Aves Digital
Academy to create and publish content and instructors and we enable instructors
and students to interact for teaching and learning. Like other platforms where
people can post content and interact, some things can go wrong, and you use Aves
Digital Academy at your own risk.
Our platform model means we do
not review or edit the content for legal issues, and we are not in a position
to determine the legality of content. We do not exercise any editorial control
over the content that is available on the platform and, as such, do not
guarantee in any manner the reliability, validity, accuracy, or truthfulness of
the content. If you access content, you rely on any information provided by an
instructor at your own risk.
By using the Services, you may be exposed to content that you consider
offensive, indecent, or objectionable. Aves Digital Academy has no
responsibility to keep such content from you and no liability for your access
or enrollment in any course or other content, to the extent permissible under
applicable law. This also applies to any content relating to health, wellness,
and physical exercise. You acknowledge the inherent risks and dangers in the
strenuous nature of these types of content, and by accessing such content you
choose to assume those risks voluntarily, including risk of illness, bodily
injury, disability, or death. You assume full responsibility for the choices
you make before, during, and after your access to the content.
When you interact directly with a student or an instructor, you must be
careful about the types of personal information that you share. While we
restrict the types of information instructors may request from students, we do
not control what students and instructors do with the information they obtain
from other users on the platform. You should not share your email or other
personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable
for any interactions involved between instructors and students. We are not
liable for disputes, claims, losses, injuries, or damage of any kind that might
arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we
don’t own or control. We are not responsible for the content or any other
aspect of these third-party sites, including their collection of information
about you. You should also read their terms and conditions and privacy
policies.
7. Aves Digital Academy’s Rights
We own the Aves Digital Academy
platform and Services, including the website, present or future apps and
services, and things like our logos, API, code, and content created by our
employees. You can’t tamper with those or use them without authorization.
All right, title, and interest
in and to the Aves Digital Academy platform and Services, including our
website, our existing or future applications, our APIs, databases, and the
content our employees or partners submit or provide through our Services (but
excluding content provided by instructors and students) are and will remain the
exclusive property of Aves Digital Academy and its licensors. Our platforms and
services are protected by copyright, trademark, and other laws of both the
United States and foreign countries. Nothing gives you a right to use the Aves
Digital Academy name or any of the Aves Digital Academy trademarks, logos,
domain names, and other distinctive brand features. Any feedback, comments, or
suggestions you may provide regarding Aves Digital Academy or the Services is
entirely voluntary and we will be free to use such feedback, comments, or
suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Aves
Digital Academy platform and Services:
8. Subscription Terms
This section covers additional
terms that apply to your use of our subscription-based collections as a student
(“Subscription Plans”). By using a Subscription Plan, you agree to the
additional terms in this section. Note that use of Aves Digital Academy
Business is not subject to these Terms, but is instead governed by the
agreement between Aves Digital Academy and the subscribing organization.
8.1 Subscription Plans
During your subscription to a
Subscription Plan, you get a limited, non-exclusive, non-transferable license
from us to access and view the content included in that Subscription Plan via
the Services. With the exception of the lifetime access license grant, the
terms included in the “Content Enrollment and Lifetime Access” section above
apply to enrollments via Subscription Plans.
Your Subscription Plan may also include access to interactive
environments, such as workspaces (“Interactive Sessions”). Interactive
Sessions may be provided by a third party, subject to its own agreement or
terms and conditions, and subject to usage limitations outlined on our Support Page. You’re responsible for
complying with the terms and conditions of any third party provider.
The subscription that you purchase or renew determines the scope,
features, and price of your access to a Subscription Plan. You may not
transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our
Subscription Plans for legal or policy reasons at any time and at our sole
discretion, such as if we no longer have the right to offer the content through
a Subscription Plan. Additional information on our right to revoke is included
in the “Content Enrollment and Lifetime Access” section.
8.2 Account Management
You may cancel your subscription
by following the steps outlined on our Support Page. If you cancel your subscription to a Subscription
Plan, your access to that Subscription Plan will automatically end on the last
day of your billing period. On cancellation, you will not be entitled to
receive a refund or credit of any fees already paid for your subscription,
unless otherwise required by applicable law. For clarity, cancellation of a
subscription does not terminate your Aves Digital Academy account.
8.3 Free Trials & Renewals
Your subscription may start with
a free trial. The duration of the free trial period of your subscription will
be specified during sign-up. Aves Digital Academy determines free trial
eligibility at our sole discretion and may limit access, eligibility, or
duration. We reserve the right to terminate the free trial and suspend your
subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the
end of the free trial period. Your subscription will automatically renew
according to your subscription settings (e.g., monthly or annually) unless you
cancel your subscription prior to the end of the free trial period. For more
information on how to view applicable fees and dates of your free trial period,
visit our Support Page.
8.4 Payments and Billing
The subscription fee will be
listed at the time of your purchase. You can visit our Support Page to learn more about where
to find the fees and dates applicable to your subscription. We may also be
required to add taxes to your subscription fee as described in the “Payments,
Credits, and Refunds” section above. Payments are non-refundable and there are
no refunds or credits for partially used periods, unless otherwise required by
applicable law. Depending on where you are located, you may qualify for a
refund. See our Refund Policy for Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment method.
By subscribing to a Subscription Plan and providing your billing information
during checkout, you grant us and our payment service providers the right to
process payment for the then-applicable fees via the payment method we have on
record for you. At the end of each subscription term, we will automatically
renew your subscription for the same length of term and process your payment
method for payment of the then-applicable fees.
In the event that we update your payment method using information
provided by our payment service providers (as described in the “Payments,
Credits, and Refunds” section above), you authorize us to continue to charge
the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method we have
on file for you, or if you file a chargeback disputing charges made to your
payment method and the chargeback is granted, we may suspend or terminate your
subscription.
We reserve the right to change our Subscription Plans or adjust pricing
for our Services at our sole discretion. Any price changes or changes to your
subscription will take effect following notice to you, except as otherwise
required by applicable law.
8.5 Interactive Session
Restrictions
You may not do any of the
following while accessing or using the Interactive Sessions:
These restrictions are in addition to those listed elsewhere in these
Terms, including in the “Content and Behavior Rules” and “Aves Digital Academy’s
Rights” sections above.
8.6 Subscription Disclaimers
We make no guarantees as to the
availability of any specific content in any Subscription Plan or as to any
minimum amount of content in any Subscription Plan. At any point in the future,
we reserve the right to offer or cease to offer additional features to any
Subscription Plan, or to otherwise modify or terminate a Subscription Plan at
our sole discretion. We have no responsibility to preserve or store the content
inputted by you in connection with your use of any Subscription Plan. These
disclaimers are in addition to those listed in the “Disclaimers” section below.
9. Miscellaneous Legal Terms
These Terms are like any other
contract, and they have boring but important legal terms that protect us from
the countless things that could happen and that clarify the legal relationship
between us and you.
9.1 Binding Agreement
You agree that by registering,
accessing, or using our Services, you are agreeing to enter into a legally
binding contract with Aves Digital Academy. If you do not agree to these Terms,
do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on
behalf of a company, organization, government, or other legal entity, you
represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided
for convenience and you understand and agree that the English language will
control if there is any conflict.
These Terms (including any agreements and policies linked from these
Terms) constitute the entire agreement between you and us (which include, if
you are an instructor, the Instructor Terms and the Promotions Policy).
If any part of these Terms is found to be invalid or unenforceable by
applicable law, then that provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a
right in one case, it doesn’t mean we waive our rights under these Terms, and
we may decide to enforce them in the future. If we decide to waive any of our
rights in a particular instance, it doesn’t mean we waive our rights generally
or in the future.
The following sections shall survive the expiration or termination of
these Terms: Sections 2 (Content Enrollment and Lifetime Access), 5 (Aves
Digital Academy’s Rights to Content You Post), 6 (Using Aves Digital Academy at
Your Own Risk), 7 (Aves Digital Academy’s Rights), 8.5 (Subscription
Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
9.2 Disclaimers
It may happen that our platform
is down, either for planned maintenance or because something goes down with the
site. It may happen that one of our instructors is making misleading statements
in their content. It may also happen that we encounter security issues. These
are just examples. You accept that you will not have any recourse against us in
any of these types of cases where things don’t work out right. In legal, more
complete language, the Services and their content are provided on an
“as is” and “as available” basis. We (and our affiliates, suppliers, partners,
and agents) make no representations or warranties about the suitability,
reliability, availability, timeliness, security, lack of errors, or accuracy of
the Services or their content, and expressly disclaim any warranties or
conditions (express or implied), including implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement.
We (and our affiliates, suppliers, partners, and agents) make no warranty that
you will obtain specific results from use of the Services. Your use of the
Services (including any content) is entirely at your own risk. Some
jurisdictions don’t allow the exclusion of implied warranties, so some of the
above exclusions may not apply to you.
We may decide to cease making available certain features of the Services
at any time and for any reason. Under no circumstances will Aves Digital
Academy or its affiliates, suppliers, partners or agents be held liable for any
damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of
the Services caused by events beyond our reasonable control, like an act of
war, hostility, or sabotage; natural disaster; electrical, internet, or
telecommunication outage; or government restrictions.
9.3 Limitation of Liability
There are risks inherent to
using our Services, for example, if you access health and wellness content like
yoga, and you injure yourself. You fully accept these risks and you agree that
you will have no recourse to seek damages against even if you suffer loss or
damage from using our platform and Services. In legal, more complete
language, to the extent permitted by law, we (and our group companies,
suppliers, partners, and agents) will not be liable for any indirect,
incidental, punitive, or consequential damages (including loss of data,
revenue, profits, or business opportunities, or personal injury or death),
whether arising in contract, warranty, tort, product liability, or otherwise,
and even if we’ve been advised of the possibility of damages in advance. Our
liability (and the liability of each of our group companies, suppliers, partners,
and agents) to you or any third parties under any circumstance is limited to
the greater of INR1000 or the amount you have paid us in the 12 months before
the event giving rise to your claims. Some jurisdictions don’t allow the
exclusion or limitation of liability for consequential or incidental damages,
so some of the above may not apply to you.
9.4 Indemnification
If you behave in a way that gets
us in legal trouble, we may exercise legal recourse against you. You agree to
indemnify, defend (if we so request), and hold harmless Aves Digital Academy,
our group companies, and their officers, directors, suppliers, partners, and
agents from an against any third-party claims, demands, losses, damages, or
expenses (including reasonable attorney fees) arising from: (a) the content you
post or submit; (b) your use of the Services; (c) your violation of these
Terms; or (d) your violation of any rights of a third party. Your
indemnification obligation will survive the termination of these Terms and your
use of the Services.
9.5 Governing Law and
Jurisdiction
When these Terms mention “Aves
Digital Academy,” they’re referring to the Aves Digital Academy entity
that you’re contracting with. If you’re a student, your contracting entity and
governing law will generally be determined based on your location.
Except in some cases as listed below, if you’re a student located in
India, you’re contracting with Aves Digital Agency and
these Terms are governed by the laws of India, without reference to its choice
or conflicts of law principles, and you consent to the exclusive jurisdiction
and venue of the courts in Jaipur, India.
If you’re a student located in a geographical region other than India,
if you’re accessing our Services through one of our mobile applications (such
as Aves Digital Academy’s Android or iOS application) and payment is processed
through a mobile platform provider’s payment system, or if you’re accessing our
Services as an instructor, you’re contracting with Aves Digital Academy and these Terms are governed by the laws of
the India without reference to its choice or conflicts of law principles. In
cases where the “Dispute Resolution” section below doesn’t apply to you
9.6 Legal Actions and Notices
No action, regardless of form,
arising out of or relating to this Agreement may be brought by either party
more than one year after the cause of action has accrued, except where this
limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in
writing and given by registered or certified mail return receipt requested, or
email (by us to the email associated with your account or by you to info@AvesDigitalAcademy.com).
9.7 Relationship Between Us
You and we agree that no joint
venture, partnership, employment, contractor, or agency relationship exists
between us.
9.8 No Assignment
You may not assign or transfer
these Terms (or the rights and licenses granted under them). For example, if
you registered an account as an employee of a company, your account cannot be
transferred to another employee. We may assign these Terms (or the rights and
licenses granted under them) to another company or person without restriction.
Nothing in these Terms confers any right, benefit, or remedy on any third-party
person or entity. You agree that your account is non-transferable and that all
rights to your account and other rights under these Terms terminate upon your
death.
9.9 Sanctions and Export Laws
If you become subject to such a restriction during the term of any
agreement with Aves Digital Academy, you will notify us within 24 hours, and we
will have the right to terminate any further obligations to you, effective
immediately and with no further liability to you (but without prejudice to your
outstanding obligations to Aves Digital Academy).
10. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve
the issue. If that doesn’t work and you live in India, your options are to go
to small claims court or bring a claim in binding individual arbitration; you
may not bring that claim in another court or participate in a non-individual
class action claim against us.
This Dispute Resolution section
("Dispute Resolution Agreement") applies only if you live in India. Most disputes can be
resolved, so before bringing a formal legal case, please first try contacting
our Support
Team.
10.1 Dispute Resolution Overview
Aves Digital Academy is
committed to using its best efforts to resolve disputes with its users, without
the need for a formal legal claim to be filed. If an issue arises between us,
you and Aves Digital Academy agree to first work diligently and in good faith
to reach a resolution that’s fair and equitable to both sides using the
mandatory informal dispute resolution process described below. On occasion, a
third party may be necessary to help resolve our dispute. This Dispute
Resolution Agreement limits how these disputes can be resolved.
YOU AND AVES DIGITAL ACADEMY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR
CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY,
BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO
THE USE OF THE SERVICES OR COMMUNICATIONS WITH AVES DIGITAL ACADEMY
(COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED
SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO
WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.
YOU AND AVES DIGITAL ACADEMY FURTHER AGREE TO BRING CLAIMS AGAINST EACH
OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN ARBITRATION.
You and Aves Digital Academy agree that this Dispute Resolution
Agreement applies to each of us as well as all of our respective agents,
attorneys, contractors, subcontractors, service providers, employees, and all
others acting for, or on behalf of, you and Aves Digital Academy. This Dispute
Resolution Agreement is binding on your and Aves Digital Academy’s respective
heirs, successors, and assigns, and is governed by Indian.
10.2 Mandatory Informal Dispute
Resolution Process
Before filing a claim against
each other, you and Aves Digital Academy must first participate in the informal
dispute resolution process described in this section.
Failure to complete this process is a material breach of the Terms, and
no court or arbitrator shall have jurisdiction to hear or resolve any Disputes
between you and Aves Digital Academy.
10.3 Small Claims
Disputes raised but not resolved
through the mandatory informal dispute resolution process can be brought in
small claims court in: (a) Jaipur Rajasthan (India). We each waive the right to
bring any Disputes between us, in courts other than small claims court,
including courts of general or special jurisdiction.
10.4 Arbitration
As the sole alternative to small
claims court, you and Aves Digital Academy have the right to resolve Disputes
through individual arbitration. While there’s no judge or jury in an
arbitration, the arbitrator has the power to award the same individual relief
and must follow our agreement in the same way as a court. If one of us brings a
Dispute to a court other than a small claims court, the other party can ask a
court to require us both to go to arbitration. Either of us can also ask a
court to halt a court proceeding while an arbitration proceeding is ongoing. To
the extent that any cause of action or claim for relief can’t be addressed in
arbitration, you and Aves Digital Academy agree that all court proceedings
shall be paused pending the resolution in arbitration of all arbitrable causes
of action and claims for relief. Nothing in this Dispute Resolution Agreement
is intended to limit the individual relief available to either of us in
arbitration or small claims court.
If you and Aves Digital Academy disagree on whether a Dispute must be
arbitrated, the scope of the arbitrator’s powers, or the enforceability of any
aspect of this Dispute Resolution Agreement, the arbitrator alone shall have,
to the fullest extent permitted by law, the sole authority to address all such
disagreements, including but not limited to those concerning or related to the
formation, legality, interpretation, and enforceability of this Dispute
Resolution Agreement. This provision doesn’t limit the procedure for
challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to enforce
the requirements of this Dispute Resolution Agreement and, if necessary, enjoin
the filing or prosecution of any arbitrations and the assessment of fees for
any arbitration or mediation not conducted under this Dispute Resolution
Agreement.
If the Indian Arbitration (“AA”) or any other arbitration
organization or arbitrator is, for any reason, unable to administer any
arbitration required under this Dispute Resolution Agreement, you and Aves
Digital Academy shall negotiate in good faith on the substitution of another
organization or individual to handle the arbitration. If we can’t agree on an
alternative, you or Aves Digital Academy may petition a court of competent
jurisdiction to appoint an organization or individual to conduct the
arbitration in a manner consistent with this Dispute Resolution Agreement for a
cost comparable to that of the designated arbitration organization.
10.5 General Arbitration Rules
The arbitration process will
differ depending on whether your claim is pursued individually or as part of a
Mass Arbitration (defined below). The general arbitration rules outlined in
this section (“General Arbitration Rules”) shall control, except in the
case of a Mass Arbitration.
10.6 Mass Arbitration Rules
If 25 or more claimants (each a
“Mass Arbitration claimant”) or their lawyers file or disclose an
intention to file demands for arbitration against Aves Digital Academy raising
substantially identical Disputes, and counsel for the claimants are the same or
coordinated across the Disputes (a “Mass Arbitration”), these special
rules shall apply.
Each Mass Arbitration claimant must complete the informal dispute
resolution process described in this Dispute Resolution Agreement. Counsel for
claimants shall file a single Claim Statement for all Mass Arbitration
claimants that identifies all Mass Arbitration claimants by full name, mailing
address, and email address. The
10.7 Fees and Costs
You and Aves Digital Academy
agree that each party will bear its own costs and attorneys’ fees in the event
of a dispute, provided, however, that either party may recover fees and costs
to the extent permitted by applicable law. If a court or an arbitrator
determines that an arbitration has been brought or threatened in bad faith, or
that the demand was frivolous or asserted for an improper purpose, the court or
arbitrator may, to the fullest extent permitted by law, award attorneys’ fees
to the party defending against the claim just as a court could.
10.8 No Class Actions
Except as expressly provided for
in connection with the Mass Arbitration Rules, we both agree that we can each
only bring claims against the other on an individual basis. This means: (a)
neither of us can bring a claim as a plaintiff or class member in a class
action, consolidated action, or representative action; (b) an arbitrator can’t
combine multiple people’s claims into a single case (or preside over any
consolidated, class, or representative action); and (c) an arbitrator’s
decision or award in one claimant’s case can only decide the disputes of that
user, not other users. Nothing in this Dispute Resolution Agreement limits the
parties’ rights to resolve a Dispute by mutual agreement through a class-wide
settlement of claims.
10.9 Changes
Notwithstanding the “Updating
these Terms” section below, if Aves Digital Academy changes this "Dispute
Resolution" section after the date you last indicated acceptance to these
Terms, you may reject any such change by providing Aves Digital Academy written
notice of such rejection by mail or hand delivery to Aves Digital Academy or by
email from the email address associated with your Aves Digital Academy account
to info@Aves Digital Academy.com, within 30 days of the date such change became
effective, as indicated by the "last updated on" language above. To
be effective, the notice must include your full name and clearly indicate your
intent to reject changes to this "Dispute Resolution" section. By
rejecting changes, you are agreeing that you will arbitrate any dispute between
you and Aves Digital Academy in accordance with the provisions of this
"Dispute Resolution" section as of the date you last indicated
acceptance to these Terms.
10.10 Improperly Commenced
Arbitration
If either party believes that
the other has initiated an arbitration in violation of this Dispute Resolution
Agreement, if such an arbitration is threatened, or if either party has reason
to believe an improperly commenced arbitration is imminent, the party against
whom the arbitration has been or will be initiated may seek an order from a
court of competent jurisdiction enjoining the arbitration from being filed or
continued, and awarding its fees and costs, including reasonable attorneys’
fees, incurred in connection with seeking the order.
11. Updating These Terms
From time to time, we may update
these Terms to clarify our practices or to reflect new or different practices
(such as when we add new features), and Aves Digital Academy reserves the right
in its sole discretion to modify and/or make changes to these Terms at any
time. If we make any material change, we will notify you using prominent means,
such as by email notice sent to the email address specified in your account or by
posting a notice through our Services. Modifications will become effective on
the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall
mean that you accept those changes. Any revised Terms shall supersede all
previous Terms.
12. How to Contact Us
The best way to get in touch
with us is to contact our Support Team. We’d love to hear your questions, concerns, and
feedback about our Services.
Thanks for teaching and learning with us!