Avenir Software Inc. - Terms & Conditions

WEBSITE TERMS AND CONDITIONS ("Terms of Use")

WELCOME TO THE WEBSITE (the "Website") OF AVENIR SOFTWARE INC. ("Avenir").

BY ACCESSING AND USING THE WEBSITE, FOR ANY REASON, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY OTHER TERMS AND CONDITIONS (SUCH AS OUR PRIVACY POLICY) INCORPORATED HEREIN BY REFERENCE. PLEASE READ CAREFULLY ALL OF THESE TERMS OF USE BEFORE PROCEEDING.

THESE TERMS OF USE MAY BE CHANGED AT ANY TIME AT AVENIR'S SOLE DISCRETION. IF THEY ARE CHANGED, WE WILL PROVIDE NOTICE TO YOU VIA EMAIL, A NOTICE ON THE WEBSITE, OR SOME OTHER COMMUNICATION. ANY AND ALL MODIFICATIONS AND UPDATES ARE EFFECTIVE IMMEDIATELY UPON POSTING AND APPLY TO ALL ACCESS TO AND CONTINUED USE OF THE WEBSITE.

THESE TERMS OF USE WERE LAST UPDATED: October 1, 2025.

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with Avenir and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Proprietary Rights
All works, content and materials on this Website, including without limitation, all information, text, design, graphics, images, drawings, photographs, code and software (the "Materials") and all organization and presentation of the Materials which form a part of this Website are the exclusive property of Avenir or its licensors and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on this Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Terms of Use.
Trade-marks and Copyright
The trade-marks, service marks, logos, slogans and Internet domain names on the Website are the exclusive property of Avenir or its licensors. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. Copyright Notice: Copyright © 2026 Avenir Software Inc. 212 - 4935 40th Ave NW, Calgary, Alberta, Canada, T3A 2N1 bradm@avenir-software.com. All rights reserved.
Permitted Uses
Avenir agrees to provide access to the Website to you solely in accordance with these Terms of Use. In consideration therefor, you shall not:
1. copy, reproduce, republish, upload, post, transmit, or distribute the Materials from the Website in any way whatsoever except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trade-mark and proprietary notices;
2. use the Materials for any unlawful purposes;
3. create derivative works from, exploit or modify the Materials in any way;
4. use this Website if you are legally unable to make binding contracts under applicable law;
5. use this Website and the Materials in any way that may cause irreparable harm to Avenir and that in the event of any irreparable harm or suspected irreparable harm, Avenir shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Avenir;
6. restrict, disrupt, or disable service to users, hosts, servers, or networks, or Avenir's ability to monitor the Website;
7. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including, but not limited to, copying the Materials to train artificial intelligence models; and
8. attack the Website via a denial-of-service attack, distributed denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing or otherwise attempt to interfere with the proper function of the Website.
Links
Avenir may provide links to Internet websites of third parties. Because Avenir has no control over such sites and resources therein, you acknowledge and agree that Avenir is not responsible for the availability or accuracy of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials or information on or available from any such sites or resources. You further acknowledge and agree that Avenir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Privacy
For an explanation of Avenir's practices and policies related to the collection, use and disclosure of personal information, please read our Privacy Policy.
Account Set-Up and Security
You are responsible for obtaining your own access to the Website. You are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use that all the information you provide is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Disclaimer
The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion and Avenir will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period. You acknowledge and agree that any reliance upon any of the information on this Website, including without limitation the Materials, shall be at your own risk and expense.
THIS WEBSITE AND ALL CONTENTS AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY.
NEITHER AVENIR NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER AVENIR NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL AVENIR, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF AVENIR, ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. AVENIR'S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE SHALL NOT EXCEED $5.00 CANADIAN CURRENCY.
Indemnity
To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend and hold harmless Avenir and its affiliates, agents, licensors, suppliers, and their respective directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained (including reasonable legal fees), incurred or paid by Avenir directly or indirectly in respect of:
1. any material, information or other content you provide on or through the Website; or
2. your, or any party that you are responsible for or who accesses or uses the Website as a result of you, use or misuse of the Materials or the Website, including without limitation infringement claims.
General
1. These Terms of Use contain the entire agreement and understanding between Avenir and you with respect to the Website and supersede any and all written and oral agreements previously existing between Avenir and you with respect to such subject matter.
2. The Website is controlled by Avenir from within the Province of Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world but is not intended for use in any jurisdiction where its use is not permitted. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Website, you acknowledge and agree that all matters relating to access to, or use of the Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein.
3. Avenir's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
4. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated.
5. These Terms of Use shall inure to the benefit of and be binding on Avenir and you, and Avenir and your permitted successors and assigns.
6. The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
7. All rights not expressly granted herein are reserved.