Terms of Use
Terms and Conditions
Article 1 - Acceptance of the Platform Terms and Conditions of Use
These Platform terms and conditions of use for Avança constitute a legal agreement and are entered into by and between you and Avança (“Avança”, "we", "us", "our"). When we refer to “you”, “your”, or “Users” we are referring to all users of the Platform.
The following terms and conditions, together with any documents and/or additional terms they expressly incorporated by reference (collectively, these "Terms and Conditions," “Terms”), govern your access to and use, including any content, functionality, and services offered on or through dashboard.avancagroup.com and the Avança proprietary business-to-business SaaS Platform for YouTube channel operations (collectively, the "Platform"). These Terms shall commence when you first visit the Platform or use any feature of the Platform and shall apply to all of your subsequent visits and uses.
1.3 BY USING THE PLATFORM OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://avancagroup.com/privacy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM. DECLINING THE COOKIE CONSENT DIALOG DOES NOT DECLINE THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AND THE PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE THE PLATFORM.
1.4 By using the Platform, you represent and warrant that you are 18 years of age and able to form a binding contract with Avança. If you are under 18 years old, you may not use the Platform. If you do not meet all of these requirements, you must not access or use the Platform.
Article 2 - Modifications to the Terms and Conditions and to the Platform
2.1 We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the Terms and Conditions to be aware of any such modifications, and your continued use of the Platform shall be your acceptance of these modifications.
2.2 The information and material on this Platform may be suspended, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to Users or unavailable at any time or for any period.
Article 3 - Your Use of the Platform and Account Set-Up and Security
3.1 The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee its security when transmitted to our Platform. 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 Platform.
3.2 The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a User's internet connection are aware of these Terms and Conditions and comply with them. It is a condition of your use of the Platform that all the information you provide on the Platform is true, accurate, current, and complete.
3.3 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 are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. 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 the Platform 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 log out of your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
3.4 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions or, where applicable, the Client Management Agreement between the User and Avança governing management services in addition to Platform use.
3.5 You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Avança, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Avança’s ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.
Article 4 – Pricing and Payment
4.1 Subject to these Terms and Conditions, access to the Platform is currently provided to you without charge. Avança reserves all rights to monetize the Platform and shall notify respective Users in advance of its plan to do so.
Article 5 – Termination
5.1 Avança may terminate access to the Platform with immediate effect at any time and without reason.
5.2 Upon request from the respective User, Avança shall delete or destroy all copies of the respective User’s data, unless agreed to otherwise in writing or where retention is permitted by applicable law for security compliance.
Article 6 – Modifications to Service
6.1 Avança reserves the right to modify or discontinue, temporarily or permanently, the Platform, with or without notice. Users agree that Avança will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
Article 7 - Intellectual Property Rights and Ownership
Platform Content
7.1 Users acknowledge and agree that the Platform may contain content (“Platform Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Avança, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform, you will not engage in or use any data mining, robots, scraping, or similar data-gathering or extraction methods. Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.
7.2 The technology and software underlying the Platform or distributed in connection therewith are the property of Avança, our affiliates, or our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Avança reserves any rights not expressly granted herein.
7.3 The Avança name, the Avança logo, and all related names, logos, product and service names, designs, images, and slogans are registered or unregistered trademarks of Avança or its affiliates or licensors (collectively, the “Avança Trademarks”). Nothing in these Terms and Conditions or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Avança Trademarks displayed on the Platform, without our prior written permission in each instance. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform, are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. All goodwill generated from the use of Avança Trademarks will inure to our exclusive benefit.
7.4 Avança will have the right, but not the obligation, in its sole discretion to refuse or remove any Platform Content that is created, posted, made available, linked to, or uploaded via the Platform. However, you acknowledge that Avança does not pre-screen Platform Content. Without limiting the foregoing, Avança will have the right to remove any Platform Content that violates these Terms and Conditions or is deemed to be objectionable by Avança, in its sole discretion.
7.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to Avança, are non-confidential and Avança will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Avança may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Avança, its Users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Licence
7.6 Subject to these Terms and Conditions, Avança grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free, fully paid-up, limited and revocable license to: (i) access and use the functionality of the Platform.
7.7 Except as explicitly permitted in these Terms and Conditions, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, sub-license, or sell the Platform to any third party; (iv) remove, alter, or deface proprietary notices or marks on the Platform; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; (ix) attempt to do any of the foregoing; (x) distribute, reproduce, or commercially exploit features of the Platform. Avança may take any actions it deems reasonable, including denying access to Users or terminating the licence outlined in Section 7.6 for any breach of this Section 7.7.
Copyright Complaints
7.8 Avança respects the intellectual property of others, so if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Avança of your infringement claim. A notification of claimed copyright infringement should be emailed to Avança at [email protected].
Article 8 - Conditions of Use
8.1 As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.
8.2 The Platform may only be used by clients of Avança.
8.3 Without limiting the foregoing, you warrant and agree that your use of the Platform shall not:
In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://avancagroup.com/privacy;
In any manner violate the terms of use of any third-party platform that is linked to the Platform, including but not limited to YouTube and any third-party social media platform;
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Avança's sole discretion;
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
Involve, provide, or contribute any false, inaccurate, or misleading information;
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions;
Impersonate or attempt to impersonate Avança, an Avança employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Avança or Users of the Platform or expose them to liability;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
Use machine-generated user identities;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.
Article 9 - Site Monitoring and Enforcement, Suspension, and Termination
9.1 Avança has the right, without provision of notice, to:
Remove or refuse to post on the Platform any Submissions for any or no reason in our sole discretion;
At all times, take such actions with respect to any Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Platform or Terms and Conditions;
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform;
Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.
9.2 YOU WAIVE AND HOLD HARMLESS THE COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
9.3 We have no obligation, nor any responsibility to any party, to monitor the Platform or its use, and do not and cannot undertake to review material that Users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted, and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws.
Article 10 - No Reliance
10.1 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk, and neither Avança nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever for your use of the Platform.
10.2 The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Avança, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Avança. Neither Avança nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Article 11 – Support Policy
11.1 Avança shall provide technical support for the Platform within 30 days of a User’s request for support. Upon investigating the support request, if Avança determines that the cause of the support request is related to a software bug, Avança shall make best efforts to engage in debugging the software immediately. Avança makes no representations as to the functionality of the Platform or the length of time required to debug the Platform.
11.2 By using the Platform, Users acknowledge and agree that technical support for Participants shall be attended to by Administrators to the extent that such support does not include resolving software bugs.
Article 12 - Privacy
12.1 By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user submissions in compliance with our Privacy Policy, found at https://avancagroup.com/privacy as we deem necessary for use of the Platform.
12.2 By using this Platform, you are consenting to the use of cookies which allow a server to recall previous requests or registration. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately.
Article 13 - Third-Party Platforms
13.1 For your convenience, the Service may provide links or pointers to third-party sites. We make no representations about any other Platforms that may be accessed from this Platform. Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party Platforms, certain content from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
13.2 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The platform on which you are linking must comply in all respects with these Terms and Conditions. You agree to cooperate with us to cause any unauthorized framing or linking to stop immediately.
Article 14 - Disclaimer of Warranties
14.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM AND ITS CONTENT IS AT YOUR OWN RISK. THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.2 NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM AND ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM AND ITS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.3 YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM 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 PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
Article 15 - Limitation on Liability
15.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED PLATFORMS OR SUCH OTHER THIRD-PARTY PLATFORMS, NOR ANY PLATFORM CONTENT, MATERIALS, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Article 16 - Indemnification
16.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Avança, its respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees on a solicitor-client basis) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, links to third-party sites, any use of the Platform content and services.
Article 17 - Governing Law and Choice of Forum
17.1 These Terms and Conditions and your use of the Platform are governed by the laws of the Province of British Columbia, Canada, except to the extent that mandatory data protection legislation applicable to you (including the GDPR) provides otherwise. Subject to the following sentence, disputes shall be resolved in the courts of British Columbia. Nothing in this clause limits your right under GDPR Art. 79 to bring proceedings before the courts of the EU member state in which you are habitually resident, or to lodge a complaint with the competent supervisory authority under Art. 77. You agree that you will not file or participate in a class action against us except where prohibited by applicable mandatory law. In the event of any discrepancy between this English-language version and any translated copies of this Privacy Policy, the English version shall prevail.
Article 18 - Waiver
18.1 Except as otherwise outlined in this Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Article 19 - Severability
19.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Article 20 - Entire Agreement
20.1 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Avança regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Article 21 - Reporting and Contact
Avança operates this Platform.
Should you become aware of misuse of the Platform, including libellous or defamatory conduct, you must report it to Avança at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to [email protected].
Effective date: July 3, 2026