AVA Terms of Use

Thank you for using AVA!

These Terms of Use (this “Agreement”) apply to the conversational and AI-powered generative experiences on AvePoint’s AVA (“Ava”). By using Ava, you agree to be bound by this Agreement. In this Agreement, “you” means you individually and not your organization. These Terms form an agreement between you and AvePoint, Inc, a Delaware corporation, and they include information on AVA, disclaimer and warranties, and many other important provisions such as notice and resolving disputes through arbitration.

1. Eligibility and Use Requirements.

Your organization has given you the ability to use Ava. You get to decide whether you use Ava. Your use of Ava is governed by this Agreement, as well as the AvePoint Website Terms and Conditions. If there is any conflict between this Agreement and the AvePoint Website Terms and Conditions, the conflicting provision in this Agreement will control. Your use of Ava is also subject to the AvePoint Privacy Notice, which describes our collection, use, and disclosure of information relating to your use of our sites and services, such as Ava.

2. Using Ava.

Although Ava’s functionality is still progressing, and may vary, Ava may allow you to submit text or image inputs ("Prompts") and converse with an online computer-powered chatbot and in certain circumstances generate text content ("Text Creations"). Ava may also allow you to generate images ("Image Creations," and together with Text Creations, the "Creations") based on your Prompts. By using Ava, you are affirming that you have read this Agreement including the Content Policy (set forth below in Section 7) and the Code of Conduct, understand them, and will abide by them. You must use Ava and the generated Creations only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement, the Content Policy, and AvePoint Services Agreement documentation; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, "manner" includes without limitation the method, purpose and/or means of causing or attempting to cause Ava to generate Creations). Due to the nature of Ava, Creations may not be unique across users and Ava may generate the same or similar output for AvePoint or other users. Other users may also ask similar questions and receive the same, similar, or different responses. Ava includes machine to human conversational interactions which may include advertising that is not targeted based on your workplace identity or chat history.

3. Violations.

Serious or repeated violations of the Code of Conduct and/or Content Policy may result in your suspension from Ava. You may appeal against your suspension from Ava by submitting an appeal through the relevant user interface. We reserve the right to permanently suspend your use of Ava.

4. Suspension and Cancellation.

In addition to Section 3, we reserve the right to suspend or discontinue offering or supporting all or part of any of Ava at any time and for any reason, to some or to all end users. We may deprecate any or all of the Ava features and functionality. We may change or update Ava at any time (including its features, functionality, user interface, user experience, or any combination of these or other aspects). Subject to the requirements of law, we may limit, suspend, or terminate your use of Ava at any time without notice and for any reason, including (without limitation) if you breach this Agreement (including by failing to comply with the Content Policy), if we suspect you are engaged in fraudulent or illegal activity, or if your access is suspended or closed by us or by your organization.

5. Ownership of Content.

AvePoint does not claim ownership of Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, Ava (including feedback and suggestions). You will need to make your own determination regarding the intellectual property rights you have in output content (e.g., without limitation, Creations) and its commercial usability, taking into account, among other things, your usage scenario(s) and the laws of the relevant jurisdiction. You warrant and represent that you or your organization owns or otherwise controls all of the rights to your content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.

6. No Guarantees; No Representations or Warranties; Indemnification by You.

We plan to continue to develop and improve Ava, but we make no guarantees or promises about how Ava operates or that it will function as intended. Ava is not error-free, may not work as expected, and may generate incorrect information. You should not rely on Ava, and you should not use Ava for advice of any kind. Your use of Ava is at your own risk. AvePoint does not make any warranty or representation of any kind that any material created by Ava does not infringe the rights of any third party in any subsequent use of the content you may use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation). You must use any content from Ava in accordance with the Code of Conduct, Content Policy, and applicable law and subject to any third-party rights. In addition, you agree to indemnify and hold harmless AvePoint, its affiliates, employees, and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of Ava, including your subsequent use of any content from Ava and your breach of this Agreement, the AvePoint Services Agreement, the Content Policy, or violation of applicable law.

7. Content Policy.

Your use of Ava is governed by this Content Policy (“Content Policy”) provides another level of explanation about how the Code of Conduct applies within Ava.

A. Code of Conduct. By using Ava, you agree: 

• Not to engage in activity that is harmful to you or others. Do not attempt to create or share content that could be used to harass, bully, abuse, threaten, or intimidate other individuals, or otherwise cause harm to individuals, organizations, or society. 
• Not to engage in activity that is harmful to Ava, including bot/scraping behaviors, technical attacks, excess usage, prompt-based manipulation, and other off-platform abuses. 
• Not to engage in activity that violates the privacy of others. Do not attempt to create or share content that could violate the privacy of others, including disclosure of private information (sometimes known as “doxing”) or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information using Ava.
• Not to engage in activity that is fraudulent, false, or misleading. Do not attempt to create or share content that could mislead or deceive others, including for example creation of disinformation, content enabling fraud, or deceptive impersonation.
• Not to infringe on the rights of others. Do not attempt to use Ava to infringe on others’ legal rights, including intellectual property rights. 
• Not to use Ava to create or share inappropriate content or material. Ava may not be used to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive.
• Not to do anything illegal. Your use of Ava must comply with applicable laws.  

B. Content and Moderation. Ava may block text or image Prompts that violate the Content Policy, or that are likely to lead to the creation of material that violates the Content Policy. Images or text that violate the Content Policy may be removed. Abuse of Ava, such as repeated attempts to produce prohibited content or other violations of the Content Policy, may result in service or account suspension. Users can report problematic content to AvePoint via Feedback or the Report a Concern function.

C. Appeal. If you feel your use of Ava has been restricted in error, you may ask Ava to reevaluate its decision to suspend access. To appeal a decision to restrict access to these experiences, please submit a request by email to ava_feedback@avepoint.com outlining what you think we got wrong and why. While we encourage the use of Ava, we reserve the right to ensure this tool is not abused.

8. Ava Moderation and Enforcement.

Services such as Ava that allow you to interact, create, generate, and share content with others bring about safety concerns.

• i. Policies. Our Code of Conduct and Content Policy, herein, identify what’s prohibited when using Ava.
• ii. Reporting a Concern. You can report concerning content or conduct that may violate our Code of Conduct by emailing ava_feedback@avepoint.com.
• iii. Review. Where applicable, we may use automated systems and humans to review content to identify suspected spam, viruses, fraud, phishing, malware, jailbreaking, or other illegal or harmful content or conduct.
• iv. Enforcement. We reserve the right to deny content if it exceeds limits on storage or file size allowed by the Service. We may block, remove or decline to display content if it appears to violate our Code of Conduct or another AvePoint policy or where required by law. If you violate these terms or any specific AvePoint service terms, we may take action against your account. This could include, but would not be limited to, limiting access to certain features or services, stopping providing services, closing your AvePoint account immediately or blocking delivery of a communication to or from the services. Closure of your access to an AvePoint service or your account may result in forfeiture of content licenses, associated content, memberships, and AvePoint account balances associated with the account. When reviewing alleged violations of this Agreement or any AvePoint policies, AvePoint reserves the right to review content to resolve the issue. However, we cannot monitor all services, and we make no attempt to do so.

9. Reservation of Rights and Feedback.

Except as expressly provided under this Agreement, AvePoint does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by AvePoint or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to AvePoint any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to AvePoint, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires AvePoint to license its software, technologies or documentation to any third party because AvePoint includes your Feedback in them.

10. Governing Law.

Delaware law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Delaware.