AvenueHQ Technology Inc. Terms and Conditions

1. Definitions
   
   "Service" means the software platform, tools, content management, marketing automation, and related services provided by AvenueHQ as described in your Order Form or Service Plan.
   
   ‍"Customer Content" means all content, data, information, materials, and files that you provide, upload, or submit to the Service, including but not limited to text, images, videos, contact lists, and other materials.
   
   ‍"AvenueHQ Content" means all content, materials, templates, designs, software, and other intellectual property created, provided, or made available by AvenueHQ through the Service."Order Form" means the service agreement, subscription plan, or other ordering document that references these Terms & Conditions.
   
   ‍"Personal Data" means any information relating to an identified or identifiable individual.
   
   ‍"Fees" means the subscription fees and/or other charges specified in your Order Form or service plan.
2.  Service Provision
   
   2.1 Service Access
   Subject to your compliance with this Agreement and payment of applicable Fees, AvenueHQ will provide you access to the Service during the subscription term.
   
   2.2 Support
   We provide customer support via:
   • Email support at help@avenuehq.com 
   • Scheduled consultations available through our booking system
   • Chat support for Accelerate clients
   
   2.3 Customer Responsibilities
   To receive the Service, you agree to:
   • Provide accurate information and Customer Content in usable formats
   • Maintain valid licensing credentials (e.g., MLS ID for real estate professionals)
   • Obtain necessary third-party accounts and permissions (social media, email marketing platforms, etc.)
   • Grant AvenueHQ appropriate access to integrated services as required
   • Respond promptly to our reasonable requests for information
   
   2.4 Service Modifications
   ‍We may modify, update, or discontinue features of the Service with reasonable notice. We will not materially reduce the core functionality of your paid Service without providing alternative solutions or refund options.
   
3. Acceptable Use
   
   You may not use the Service to:
   • Violate any applicable laws or regulations
   • Infringe on intellectual property rights of others
   • Transmit harmful, threatening, or illegal content
   • Attempt to gain unauthorized access to our systems
   • Build competing products or reverse engineer our Service
   • Use the Service beyond the scope of your subscription plan
   
   We may suspend your access if you violate these restrictions.
4. Intellectual Property
   
   4.1 Customer Content
   You retain ownership of your Customer Content. You grant us a non-exclusive, worldwide license to use, modify, and display your Customer Content to provide the Service.
   Your content may also be repurposed for promotional purposes by AvenueHQ.
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   4.2 AvenueHQ Property
   We retain all rights to the Service, AvenueHQ Content, and our proprietary technology. This includes any improvements, modifications, or derivative works we create.
   
   4.3 Feedback
   Any suggestions, feedback, or ideas you provide about the Service become our property and may be used without compensation or attribution.
5. Privacy and Data Protection
   We collect, use, and protect your Personal Data according to our Privacy Policy at https://avenuehq.com/real-estate/privacy-policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
   
   You represent and warrant that you have obtained all necessary consents and permissions for any Personal Data you provide to us, including contact information for your Service and marketing activities.
6. Fees and Payment
   
   6.1 Payment Terms
   • Fees are charged according to your selected subscription plan
   • Payments are due monthly or annually as specified in your Order Form
   • All fees are non-refundable except as required by law
   
   6.2 Late Payment
   Late payments may result in:
   • Service suspension until payment is received
   • Late payment fees may be charged at 1.5% per month or at the maximum amount allowed by US law, whichever is higher
   • Additional collection fees
   
   6.3 Taxes
   Fees exclude applicable taxes. You are responsible for all taxes except those based on our net income.
7.  Confidentiality
   Both parties agree to:
   • Protect confidential information disclosed during the relationship
   • Use confidential information only for purposes of this Agreement
   • Not disclose confidential information to third parties without consent
8. Warranties and Disclaimers
   
   8.1 Mutual Warranties
   Each party represents that it has the authority to enter this Agreement and will comply with applicable laws.
   
   8.2 Customer Warranties
   You warrant that:
   • You own or have rights to all Customer Content
   • Your use of the Service will comply with all applicable laws
   • You have obtained necessary permissions for data processing and marketing activities
   
   8.3 Service Disclaimer
   THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
   
   9.1 Liability Cap
   ‍AvenueHQ’s total liability under this Agreement will not exceed the fees you paid in the 12 months preceding the claim.
   
   ‍9.2 Excluded Damages
   ‍WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS.
   
   ‍9.3 Indemnification
   ‍You will indemnify us against claims arising from:
   • Your Customer Content
   • Your breach of this Agreement
   • Your violation of applicable laws or third-party rights
   
10. Term and Termination
    
    10.1 Term
    ‍This Agreement begins when you accept it and continues until terminated.
    
    ‍10.2 Termination
    ‍Either party may terminate:For convenience with 30 days' written noticeImmediately for material breach if not cured within 15 days of noticeImmediately if the other party becomes insolvent
    
    ‍10.3 Effect of Termination
    ‍Upon termination:Your access to the Service will endYou remain liable for fees through the end of your billing periodWe will provide reasonable assistance for data export for 30 daysConfidentiality, general provisions, and limitation of liability provisions survive
11. General Provisions
    
    11.1 Governing Law
    This Agreement is governed by the laws of Delaware and the United States, without regard to conflict of law principles. Any disputes will be resolved in the courts of New Castle county, DE, United States.
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    11.2 Assignment
    We may assign this Agreement without your consent. You may not assign this Agreement without our written consent.
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    11.3 Force Majeure
    Neither party is liable for delays caused by events beyond their reasonable control.
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    11.4 Severability
    If any provision is invalid, the remaining provisions remain in effect.
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    11.5 Entire Agreement
    This Agreement, together with your Order Form and Privacy Policy, constitutes the entire agreement between the parties.
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    11.6 Amendments
    We may update these terms by posting new terms on our website with 30 days' notice for material changes.
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    11.7 Notices
    ‍Notices must be in writing and sent to:
    
    AvenueHQ:
    Curious Three, Inc. (dba AvenueHQ)
    Email: help@avenuehq.com
    Mailing Address:
    2810 N Church St PMB 912540
    Wilmington DE 19802
    United StatesCustomer: The email address associated with your account‍
    
    Last Updated: 8/19/2025