Terms and Conditions
aiAvenu, Inc.
Terms of Service
Last Revised: September 9, 2026
Company & Contact Information
aiAvenu, Inc. (“aiAvenu,” “we,” “us,” or “our”), a Delaware corporation.
1395 Brickell Ave., Suite 2706, Miami, FL 33131
Email: kkim@avenu.ai | Web: https://www.avenu.ai
For privacy and data requests, see our Privacy Notice at https://www.avenu.ai/privacy-policy
1. Introduction and Acceptance
These Terms of Service (the “Terms”) form a legal agreement between you and aiAvenu, Inc. and govern your access to and use of the aiAvenu website at https://www.avenu.ai (the “Site”), our web and mobile applications (including the recruiting application at app.avenu.ai and the onboarding application at onboarding.avenu.ai), the Avenu applicant tracking system, the Eva conversational AI interviewing system, our related tools, integrations, and services, and any staff-assisted recruiting or onboarding services we make available (collectively, the “Platform” and the “Services”).
aiAvenu, Inc. was formerly known as ExtraHourz, Inc. References to the former name in any prior agreement or notice should be read as references to aiAvenu, Inc.
PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY. THEY CONTAIN WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND, FOR USERS TO WHOM THEY APPLY, AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES AND A CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS.
BY CLICKING “I AGREE,” “SIGN UP,” OR “LOG IN,” BY ACCESSING OR BROWSING THE PLATFORM, OR BY USING THE SERVICES (INCLUDING BY PARTICIPATING IN AN AI-ASSISTED INTERVIEW), YOU (1) AGREE TO BE BOUND BY THESE TERMS TO THE EXTENT APPLICABLE TO YOU AND (2) REPRESENT THAT YOU HAVE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.
If you use the Platform on behalf of an employer or other organization, “you” also refers to that organization, and you represent that you are authorized to bind it to these Terms.
These Terms supplement, and do not replace, any separately executed Master Services Agreement, Order Form, Data Processing Addendum, or similar written agreement between aiAvenu and a Customer (collectively, a “Customer Agreement”). If a Customer Agreement conflicts with these Terms, the Customer Agreement controls with respect to that Customer.
2. Definitions
• “Visitor” means anyone who browses the Site or Platform without registering.
• “Member” means a person or entity that has registered to use the Services.
• “User,” “you,” or “your” means any Visitor or Member.
• “Customer,” “Employer,” or “Deployer” means a Member that uses the Platform to recruit, screen, interview, evaluate, onboard, or manage candidates or personnel.
• “Candidate” means an individual who interacts with the Platform or Eva in connection with a potential employment or engagement opportunity.
• “Eva” means aiAvenu’s conversational AI interviewing system, which can conduct interviews in multiple languages, including English, Spanish, Canadian French, and German.
• “Automated Decision System,” “Automated Employment Decision Tool,” or “Automated Decisionmaking Technology” means a computational process, including one derived from or using artificial intelligence, machine learning, algorithms, statistics, or other data-processing techniques, that is used to make, materially influence, or substantially facilitate a decision concerning employment or another consequential decision, to the extent the term is defined or regulated by applicable law.
• “Content” means all text, information, graphics, design, audio, video, and data made available through the Platform, whether produced by aiAvenu or by a User. “User Content” means Content that Users submit, upload, or generate.
• “Human Review” means review of an automated output by a qualified human decision-maker who understands the relevant output, considers other relevant information, and has authority to change or override an employment-related decision, where required by applicable law.
• “Personal Information” has the meaning given in our Privacy Notice and applicable law.
3. Eligibility, Registration, and Accounts
To use the Services, you must be legally capable of entering into a binding agreement with aiAvenu and must not be prohibited from doing so under applicable law.
You agree to:
(a) accept these Terms and our Privacy Notice;
(b) be at least eighteen (18) years of age to create or administer a Customer account, post employment opportunities, or use the Services on behalf of an employer, unless otherwise expressly authorized by aiAvenu;
(c) if you are a Candidate, be legally permitted to participate in the applicable application or employment process and provide any consent required by applicable law;
(d) provide accurate, current, and complete registration information and keep it updated;
(e) safeguard your account credentials and remain responsible for activity occurring under your account, except to the extent caused by aiAvenu’s failure to maintain reasonable security measures; and
(f) promptly notify aiAvenu of any unauthorized use of your account.
aiAvenu may refuse, suspend, or terminate an account where reasonably necessary to enforce these Terms, protect the Platform or its Users, address security or legal risks, or comply with applicable law.
4. The Platform and Services
aiAvenu provides an AI-assisted talent-acquisition platform that helps Employers source, screen, interview, evaluate, hire, and onboard candidates. The Services include, without limitation:
• Avenu ATS — an applicant tracking system for managing job postings, applications, candidate pipelines, communications, and hiring workflows;
• Eva — a real-time, multilingual conversational AI interviewer that conducts interviews and assessments, transcribes and analyzes responses, and generates summaries and, where enabled, scores or rankings for the Employer’s review;
• Onboarding and related HR tools — post-offer and post-hire workflows, forms, and related features; and
aiAvenu may modify, suspend, add to, or discontinue particular features or components of the Services from time to time. Where reasonably practicable, aiAvenu will provide advance notice of material changes that materially reduce the functionality of a paid Service, subject to the terms of the applicable Customer Agreement.
Certain features may be governed by additional terms presented at the point of use, which are incorporated into these Terms by reference. Subscription or fee arrangements may be modified prospectively upon reasonable notice, subject to any applicable Customer Agreement.
5. Customer Subscriptions, Orders, and Fees
Access to paid features is provided to Customers under an Order Form or Customer Agreement that sets out the subscribed Services, applicable term, fees, and payment terms.
Except as expressly stated in a Customer Agreement, Order Form, or required by applicable law, fees are non-refundable and payment obligations are non-cancelable.
Customer is responsible for all applicable sales, use, excise, value-added, and similar taxes arising from its purchase or use of the Services, other than taxes imposed on aiAvenu’s net income.
If a fee, renewal, usage, or other commercial term is not addressed in a Customer Agreement or Order Form, the applicable terms presented at the time of purchase or enrollment will apply.
6. Acceptable Use
You agree not to, and not to permit any third party to:
• use the Services for any unlawful, discriminatory, harassing, deceptive, or fraudulent purpose, or in violation of any applicable employment, anti-discrimination, privacy, or AI law;
• use the Platform, Eva, or any output to make or support an employment decision that produces an unlawful discriminatory effect, or to use a protected characteristic (or a proxy for one, such as ZIP code) as a basis for a decision;
• misrepresent your identity or authority, or submit false or misleading information;
• upload malicious code, attempt to gain unauthorized access, scrape, reverse engineer, or interfere with the Platform’s operation or security;
• use the Services to build a competing product, or to train a competing model, without our written permission;
• infringe the intellectual property, privacy, or other rights of any person; or
• use the Services in violation of these Terms or any additional terms.
Employers are solely responsible for the legality of their recruiting practices, job requirements, screening criteria, employment decisions, and use of Candidate information.
Employers may not use the Platform or any AI-generated output as the sole basis for an employment decision where applicable law requires human review or individualized assessment.
Employers must not configure, instruct, or use the Platform to intentionally evade applicable employment, privacy, artificial intelligence, accessibility, or anti-discrimination laws.
Nothing in these Terms authorizes a User to use the Services in a manner inconsistent with applicable law.
7. Artificial Intelligence: Use, Notices, and Compliance
7.1 Use of Artificial Intelligence
The Platform uses artificial intelligence and automated data-processing technologies, including Eva, to assist Employers with recruiting, screening, interviewing, communicating with, and evaluating Candidates.
When you interact with Eva, you are communicating with an automated system and not a human interviewer unless otherwise expressly identified.
Depending on the configuration of the Services and the applicable hiring workflow, Eva may ask job-related questions; receive and process text, audio, or video responses; record and transcribe responses; analyze responses; and generate summaries and, where enabled, scores, rankings, or other decision-support outputs for the Employer’s review.
The specific functionality available to an Employer may vary based on the Services purchased, configuration selected by the Employer, and applicable law.
7.2 Eva’s Evaluation Methodology
Eva is aiAvenu's conversational AI interviewing system. Depending on the Customer's configuration, Eva may conduct an interview through text, audio, or video. Where audio or video is used, the audio or video may be processed to facilitate the interview and generate a written transcript.
Eva’s substantive evaluation of a Candidate is based solely on the content of the written transcript and the job-related criteria configured for the applicable position. Eva does not evaluate, score, rank, or assess Candidates based on facial expressions, physical appearance, gestures, eye contact, body language, voice characteristics, vocal tone, accent, acoustic characteristics, visual characteristics, biometric characteristics, or other non-transcript audio or visual signals.
Eva may use the transcript to generate summaries, assessments, scores, rankings, or other decision-support information. Eva does not make the final employment decision. The Customer or employer remains responsible for reviewing AI-generated information and making the final employment decision.
7.3 Human Decision-Making
Eva and the Platform are designed to assist Employer decision-making and are not intended to replace human decision-making.
The Employer, and not aiAvenu, is responsible for making final employment decisions, including whether to advance, interview, hire, reject, promote, terminate, or otherwise take employment-related action concerning a Candidate.
Where applicable law requires human review, the Employer must ensure that a qualified human decision-maker reviews relevant automated outputs, considers other relevant information, and has authority to change or override the resulting employment decision.
aiAvenu does not make final employment decisions on behalf of an Employer and does not guarantee employment, an interview, or any particular employment outcome.
7.4 Candidate Notice, Consent, and Transparency
Before or at the time an AI-assisted interview or assessment begins, the Candidate will receive any notice and consent information required by applicable law.
Depending on the Services and applicable jurisdiction, the Candidate may be informed that:
(a) Eva is an automated conversational AI system;
(b) Eva may ask job-related questions and receive text, audio, and/or video responses;
(c) responses may be recorded, transcribed, processed, and analyzed;
(d) information may be evaluated against job-related criteria configured or selected by the Employer;
(e) the resulting information may be provided to the Employer and its authorized hiring personnel for recruiting and employment-related purposes;
(f) the Employer, rather than aiAvenu, is responsible for the final employment decision; and
(g) the Candidate may have rights under applicable law to request information, human review, an alternative process, accommodation, correction, deletion, or to exercise other applicable privacy or employment rights.
Where applicable law requires advance notice, separate consent, a particular form of disclosure, or an opportunity to opt out or request an alternative process, the Employer is responsible for providing those rights, with aiAvenu providing reasonable technical support as specified in the applicable Customer Agreement.
A Candidate’s participation in an AI-assisted interview does not waive any right that applicable law prohibits the Candidate from waiving.
7.5 Nondiscrimination and Bias Auditing
aiAvenu is committed to designing and maintaining the Platform in a manner intended to support lawful and non-discriminatory use.
The Platform is not intended to discriminate against Candidates on the basis of race, color, national origin, ancestry, sex, gender, gender identity, age, religion, disability, or any other characteristic protected by applicable law, whether directly or through a proxy for a protected characteristic.
Where required by applicable law, automated employment decision tools made available through the Platform will be subject to applicable testing, validation, bias-audit, recordkeeping, documentation, and other compliance requirements.
Where aiAvenu is responsible under an applicable law or Customer Agreement for conducting or obtaining a bias audit, aiAvenu will make the applicable audit information available as required. Where the Employer is responsible for conducting, commissioning, publishing, or otherwise satisfying a bias-audit requirement, aiAvenu will provide information and reasonable cooperation specified in the applicable Customer Agreement.
A current summary of any publicly required aiAvenu bias-audit information will be made available at:
Trust Center:https://trust.avenu.ai/
Employers remain responsible for lawful configuration and use of the Platform and for employment decisions based on Platform outputs.
7.6 Human Review, Appeal, and Reasonable Accommodation
Where required by applicable law, a Candidate may request review by a qualified human decision-maker of an employment decision materially influenced by an automated system.
Requests for human review, an alternative selection process, or reasonable accommodation may be submitted through the mechanism identified in the applicable job posting, Candidate notice, or Privacy Notice, or by contacting:
Email:candidate-support@avenu.ai
Candidates may have rights under applicable federal, state, local, or international law concerning the use of artificial intelligence or automated decisionmaking in employment, including rights relating to notice, human review, accessibility, reasonable accommodation, nondiscrimination, privacy, and alternative methods of participating in an interview or hiring process.
If you are a Candidate and need a reasonable accommodation to participate in an AI-assisted interview, cannot participate in the interview in its offered format because of a disability or accessibility need, or wish to request information concerning an alternative interview process, you may contact candidate-support@avenu.ai.
You may also contact the employer or other organization responsible for the applicable hiring process. The employer remains responsible for determining and providing any accommodation, alternative process, notice, consent, human review, or other Candidate right required by applicable law. aiAvenu will provide reasonable technical or contractual assistance to the Customer where required under applicable law or the parties' agreement.
Requests concerning the substance or outcome of an employment decision should generally be directed to the employer or other organization responsible for the hiring decision.
Nothing in these Terms limits or waives any right or remedy that cannot lawfully be limited or waived under applicable law.
If a disability or medical condition affects a Candidate’s ability to participate in an Eva interview or assessment, the Candidate may request a reasonable accommodation, including an alternative format or human-conducted process, where required by applicable law.
Employers are responsible for evaluating and responding to accommodation requests and for ensuring that their use of the Services does not unlawfully screen out qualified individuals with disabilities.
Where applicable law grants a Candidate a right to opt out of or restrict certain automated decision-making, the Candidate may exercise that right through the mechanism described in the Privacy Notice or applicable Candidate notice.
7.7 Recording, Data Use, Retention, and Deletion
• Collection. Depending on the process, Eva may collect audio and/or video recordings, transcripts, responses, and data generated by the automated analysis (summaries, scores, rankings).
• Use. This information is used to provide interviewing, screening, and evaluation Services to the Employer, to operate and improve the Platform, and to meet legal obligations. Candidate Personal Information, interview recordings, transcripts, and other Candidate data will not be used to train third-party general-purpose AI models. aiAvenu will not use Customer or Candidate Personal Information to train aiAvenu’s general-purpose models unless expressly permitted by the applicable Customer Agreement, Privacy Notice, or applicable law and, where required, with appropriate notice or consent. Where aiAvenu uses aggregated or de-identified information for analytics, security, product improvement, model evaluation, or similar purposes, aiAvenu will do so in accordance with applicable law and the applicable Customer Agreement.
• Sharing. Recordings and analyses are shared only with the Employer’s authorized hiring personnel and aiAvenu’s contracted service providers, or as required by law. They are not sold.
• Retention. aiAvenu and the Employer retain automated-decision data and related records for the periods required by law — including, where applicable, at least four (4) years under California law — and otherwise no longer than necessary for the purposes described.
• Deletion. A Candidate may request deletion of an interview recording and related data at candidate-support@avenu.ai. Where required (for example, within thirty (30) days of a request under Illinois law), aiAvenu and the Employer will delete the recording and instruct recipients to do the same, subject to legal retention obligations.
7.8 Allocation of AI-Compliance Responsibilities
The following provisions allocate responsibilities between aiAvenu, as the provider of the Platform, and the Customer, as the Employer or other entity deploying the Platform. This Section supplements the applicable Customer Agreement and Data Processing Addendum. In the event of a conflict, the Customer Agreement controls.
aiAvenu will:
(a) provide documentation describing the Platform’s intended uses, reasonably foreseeable limitations, and applicable categories of data processed by the automated tools;
(b) provide or make available information reasonably necessary for the Customer to satisfy applicable Candidate-notice, risk-assessment, impact-assessment, bias-audit, and documentation obligations, to the extent such information is within aiAvenu’s possession or control;
(c) maintain reasonable technical and organizational measures designed to support human oversight and reduce the risk of unlawful algorithmic discrimination;
(d) maintain records and documentation required of aiAvenu under applicable law or the Customer Agreement; and
(e) notify the Customer of material issues involving the Platform that aiAvenu determines require Customer action under applicable law, subject to confidentiality, security, and legal restrictions.
The Customer will:
(a) provide Candidate notices and obtain Candidate consents required for the Customer’s use of the Platform;
(b) ensure that job criteria, screening criteria, interview questions, workflows, and other configurations selected by the Customer are lawful and job-related;
(c) conduct or obtain any legally required impact assessments, risk assessments, bias audits, or other assessments applicable to the Customer’s deployment of the Services;
(d) provide required notices, disclosures, publications, and Candidate communications;
(e) maintain meaningful human involvement in employment decisions where required by law;
(f) honor Candidate rights to human review, appeal, alternative processes, reasonable accommodation, correction, deletion, opt-out, or other rights applicable to the Customer’s use of the Services;
(g) use the Platform only for lawful purposes and in accordance with these Terms and the Customer Agreement; and
(h) maintain records for the periods required by applicable law.
Each party is responsible for compliance with laws applicable to its respective role and activities.
The Customer is solely responsible for its recruiting practices, employment decisions, and actions taken based on Platform outputs.
Nothing in this Section relieves either party of a legal obligation that applicable law imposes directly on that party.
7.9 Jurisdiction-Specific AI Notices
The following provisions provide general information concerning certain jurisdictions in which aiAvenu or its Customers may use the Platform. They do not replace jurisdiction-specific notices, consent forms, privacy notices, employer policies, or other compliance measures required by applicable law.
New York City
Where Local Law 144 applies, the Employer is responsible for satisfying applicable requirements concerning automated employment decision tools, including required notice, bias-audit, publication, and alternative-process requirements.
aiAvenu will provide reasonable cooperation and documentation required under the applicable Customer Agreement.
Illinois
Where the Illinois Artificial Intelligence Video Interview Act applies to an Employer’s use of AI to analyze applicant-submitted video interviews, the Employer is responsible for providing required notice, disclosures, and consent before the applicable interview and for complying with applicable requirements concerning use, disclosure, and deletion of interview information.
aiAvenu will provide reasonable technical support and documentation necessary for the Employer to implement those requirements.
California
California law imposes requirements concerning the use of automated-decision systems and other artificial intelligence technologies in employment, including requirements relating to nondiscrimination, accessibility, reasonable accommodation, and recordkeeping.
Employers and other covered entities are responsible for complying with employment-related laws and regulations applicable to their use of automated-decision systems, including applicable requirements concerning the lawful use of selection criteria, human involvement in employment decisions, reasonable accommodation, nondiscrimination, and retention of employment records.
Where the California Consumer Privacy Act (“CCPA”) and its implementing regulations apply to aiAvenu’s processing of personal information, aiAvenu will comply with the obligations applicable to its role under the CCPA, including any applicable obligations as a business, service provider, contractor, or processor, as determined by the applicable law and the parties’ agreements.
Where aiAvenu processes personal information on behalf of an Employer, the Employer remains responsible for configuring and using the Services in compliance with applicable employment, privacy, and automated-decisionmaking requirements, including providing any notices, disclosures, consent mechanisms, or other rights required of the Employer in connection with its use of the Services.
Certain California automated-decisionmaking requirements have phased implementation dates. The parties’ respective obligations will be determined by the applicable law and regulations in effect at the time of the relevant processing or decision, taking into account any applicable transition or compliance dates.
Nothing in these Terms limits or waives any rights or obligations that cannot lawfully be limited or waived under California law.
Colorado
Where Colorado law governing automated decisionmaking technology applies, aiAvenu and the Customer will comply with requirements applicable to their respective roles as developer, provider, deployer, or other regulated party.
Because Colorado's statutory and regulatory requirements may change, the parties will apply the law in effect at the time of the applicable processing or decision.
Texas and Connecticut
Where applicable Texas or Connecticut artificial-intelligence laws impose disclosure, transparency, anti-discrimination, privacy, or other requirements on aiAvenu or the Customer, the responsible party will comply with those requirements.
European Union
Where the European Union Artificial Intelligence Act or other applicable EU law applies, aiAvenu and the Customer will comply with obligations applicable to their respective roles.
The Customer is responsible for its obligations as an employer or deployer, including providing legally required notices, ensuring appropriate human oversight, and complying with applicable employment and fundamental-rights requirements.
aiAvenu is responsible for obligations applicable to it in its role as provider or processor, as determined under applicable law and the Customer Agreement.
Nothing in this Section is intended to create obligations beyond those imposed by applicable law.
7.10 AI Disclaimers
AI-generated outputs may be incomplete, inaccurate, outdated, or unsuitable for a particular purpose.
Eva and other AI-enabled features are decision-support tools and should not be treated as a substitute for qualified human judgment.
Employers are responsible for reviewing AI-generated outputs before taking employment action and for determining whether those outputs are appropriate for the particular employment decision.
To the fullest extent permitted by law, aiAvenu disclaims warranties concerning the accuracy, completeness, reliability, or fitness of AI-generated summaries, scores, rankings, recommendations, or other outputs.
Nothing in this Section limits a party’s non-waivable statutory obligations or a Candidate’s non-waivable statutory rights.
8. Intellectual Property and License
The Platform, the Services, and all associated software, models, text, graphics, and design (excluding User Content) are owned by aiAvenu or its licensors and are protected by intellectual property laws. Subject to these Terms and any Customer Agreement, aiAvenu grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. You receive no other rights. aiAvenu’s names, logos, and marks may not be used without our prior written permission.
Except for User Content and information owned by a Customer or Candidate, aiAvenu retains all right, title, and interest in and to the Platform, Services, software, technology, models, documentation, interfaces, workflows, designs, and other materials provided by aiAvenu.
Nothing in these Terms transfers ownership of aiAvenu technology to a User.
9. User Content
You retain ownership of your User Content.
You grant aiAvenu a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, modify as technically necessary, and otherwise process User Content solely as necessary to provide, secure, maintain, support, and improve the Services, comply with applicable law, and perform aiAvenu’s obligations under the applicable Customer Agreement and Privacy Notice.
aiAvenu will not use User Content for purposes inconsistent with the applicable Customer Agreement, Data Processing Addendum, or Privacy Notice.
You represent that you have all rights, permissions, and legal authority necessary to submit User Content to the Platform and authorize aiAvenu to process it as contemplated by these Terms.
Nothing in this Section grants aiAvenu ownership of Customer or Candidate data.
aiAvenu has no obligation to store or return User Content except as required by an applicable Customer Agreement, Privacy Notice, or applicable law.
10. Privacy
Your use of the Services is subject to our Privacy Notice, available at https://www.avenu.ai/privacy-policy, which describes how aiAvenu collects, uses, discloses, retains, and protects Personal Information, including information collected through Eva and automated decisionmaking technologies, and describes privacy rights available to Candidates and other individuals.
Where aiAvenu processes Personal Information on behalf of a Customer, aiAvenu acts as a service provider, processor, or other legally recognized role, as applicable, pursuant to the applicable Customer Agreement and Data Processing Addendum.
The applicable Customer Agreement and Data Processing Addendum govern aiAvenu’s processing of Customer Personal Information on the Customer’s behalf to the extent they impose obligations beyond those stated in the Privacy Notice.
11. Third-Party Services and Integrations
The Platform may integrate with or link to third-party services, including HRIS, payroll, background-check, messaging, job-board, identity-verification, scheduling, or other providers.
Third-party services are not controlled by aiAvenu and may be subject to separate terms, privacy policies, security practices, and service limitations.
To the extent permitted by law, aiAvenu is not responsible for the availability, security, functionality, accuracy, or performance of third-party services.
Enabling an integration authorizes the exchange of information reasonably necessary for the integration to function, subject to the applicable Customer Agreement, Data Processing Addendum, Privacy Notice, and third-party terms.
12. Confidentiality
Each party may receive or have access to non-public, confidential, or proprietary information of the other party in connection with the Services (“Confidential Information”).
The receiving party will use Confidential Information only as necessary to perform or exercise its rights under these Terms or an applicable Customer Agreement and will protect it using at least reasonable care.
Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is lawfully received from a third party without confidentiality restrictions; or (d) is independently developed without use of the disclosing party’s Confidential Information.
A receiving party may disclose Confidential Information when required by law, regulation, court order, or governmental authority, provided that, where legally permitted, it gives reasonable notice to the disclosing party.
This Section is supplemented by any confidentiality provisions in an applicable Customer Agreement, which control in the event of conflict.
13. Disclaimers
EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE CUSTOMER AGREEMENT, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
aiAVENU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR A PARTICULAR PURPOSE.
aiAvenu does not warrant that use of the Platform will result in any particular recruiting, hiring, retention, compliance, or employment outcome.
NOTHING IN THESE TERMS DISCLAIMS OR LIMITS A WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, aiAVENU AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF aiAVENU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, aiAVENU’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY THE CUSTOMER TO aiAVENU FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
The foregoing limitations do not apply to liability that cannot lawfully be limited or excluded.
For Customers subject to a separate Customer Agreement, the limitation of liability contained in that Customer Agreement controls to the extent of any conflict.
15. Indemnification
To the extent permitted by applicable law, you will indemnify, defend, and hold harmless aiAvenu and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:
(a) your material breach of these Terms;
(b) your User Content;
(c) your unlawful use of the Services;
(d) your violation of applicable law; or
(e) where you are an Employer or Customer, your recruiting practices, job criteria, Candidate notices, employment decisions, or use of Platform outputs, except to the extent the claim arises from aiAvenu’s breach of an applicable Customer Agreement or aiAvenu’s violation of applicable law.
aiAvenu’s indemnification obligations, if any, are governed exclusively by the applicable Customer Agreement.
16. Term and Termination
These Terms apply while you access or use the Platform.
aiAvenu may suspend or terminate access where reasonably necessary to address a material violation of these Terms, protect the Platform or its Users, address security or legal risks, comply with applicable law, or as otherwise permitted by an applicable Customer Agreement.
You may stop using the Services at any time.
Termination or suspension does not relieve a Customer of payment obligations accrued before termination.
Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, User Content, privacy, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and other provisions that expressly or necessarily survive termination.
17. Dispute Resolution and Arbitration
17.1 Informal Resolution
Before initiating arbitration or litigation concerning a dispute arising out of or relating to these Terms or the Services, the parties will attempt in good faith to resolve the dispute informally by contacting aiAvenu at legal@avenu.ai
The parties will have thirty (30) days after receipt of written notice of the dispute to attempt to resolve the matter informally.
This informal-resolution requirement does not prevent a party from seeking temporary, preliminary, or emergency relief where necessary to preserve rights or prevent imminent harm.
17.2 Arbitration
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, performance, breach, or termination, will be resolved by binding arbitration administered by JAMS under its applicable rules.
The arbitration will be conducted before a single arbitrator and, unless otherwise required by applicable law or the applicable Customer Agreement, will be conducted on an individual basis.
17.3 Exceptions
Nothing in this Section prevents:
(a) an eligible individual claim from being brought in small-claims court;
(b) either party from seeking temporary, preliminary, or permanent injunctive or equitable relief concerning intellectual property, confidential information, unauthorized access to the Platform, or misuse of the Services; or
(c) a party from pursuing a claim or exercising a right that applicable law expressly provides cannot be subject to mandatory arbitration or cannot lawfully be waived.
17.4 Class and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT ANY DISPUTE SUBJECT TO ARBITRATION UNDER THESE TERMS WILL BE BROUGHT ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, COLLECTIVE MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION OR PROCEEDING.
THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.
17.5 Non-Waivable Rights
Nothing in these Terms, including this arbitration agreement or class and representative action waiver, is intended to waive, restrict, or limit any right, claim, remedy, or procedure that applicable law prohibits the parties from waiving or limiting.
17.6 Candidate and Consumer Rights
If you are a Candidate, applicant, employee, prospective employee, consumer, or other individual whose rights are governed by laws that restrict contractual waivers, nothing in this Section requires you to waive any right that applicable law prohibits from being waived.
To the extent applicable law permits arbitration of a claim but prohibits waiver of a particular remedy or procedure, the claim will remain subject to arbitration to the maximum extent permitted by law.
17.7 Severability
If any portion of this Section is determined to be unenforceable, that portion will be severed or modified to the minimum extent necessary to permit the remainder of this Section to be enforced to the fullest extent permitted by law.
17.8 Arbitration Opt-Out
For any User to whom an arbitration opt-out right is expressly provided by applicable law or by aiAvenu in connection with a particular enrollment or transaction, the User may exercise that right within the period and using the procedure required by the applicable law or notice.
Unless otherwise required by applicable law, aiAvenu does not intend this Section to create a general arbitration opt-out right for all Users.
18. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except to the extent federal law or mandatory law of another jurisdiction applies.
To the extent a dispute is not subject to arbitration under Section 17, the parties consent to the jurisdiction of the state and federal courts located in the State of Delaware, except that aiAvenu may seek injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property, confidential information, systems, or other legitimate interests.
Nothing in this Section limits or waives any statutory right or remedy that applicable law prohibits the parties from limiting or waiving.
19. Changes to These Terms
aiAvenu may modify these Terms from time to time.
We will update the “Last Revised” date when changes are made. For material changes that materially affect Users’ rights or obligations, aiAvenu will provide reasonable notice through the Platform, by email, or by another legally permitted method.
Unless a different effective date is required by applicable law or an applicable Customer Agreement, revised Terms will become effective when posted or on the date stated in the notice.
Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.
If you do not agree to the revised Terms, you must stop using the Services.
No modification will retroactively alter a dispute that has already accrued unless permitted by applicable law.
20. General
Entire Agreement
These Terms, together with any applicable Customer Agreement, Order Form, Data Processing Addendum, Privacy Notice, and additional terms expressly incorporated by reference, constitute the agreement between you and aiAvenu concerning the Services and supersede prior agreements or terms concerning the same subject matter, including prior terms issued under the name ExtraHourz, Inc.
For Customers, an applicable Customer Agreement controls in the event of a conflict with these Terms.
Assignment
You may not assign or transfer these Terms without aiAvenu’s prior written consent, except where applicable law permits such assignment.
aiAvenu may assign these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, financing, sale of substantially all of its assets, or similar transaction.
Severability
If any provision of these Terms is held unenforceable, invalid, or unlawful, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
Waiver
A party’s failure to enforce any provision of these Terms will not constitute a waiver of its right to enforce that provision later.
Force Majeure
Neither party will be liable for delay or failure to perform its obligations, other than payment obligations, to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, widespread telecommunications or internet failures, cyberattacks not caused by the affected party’s failure to maintain reasonable security measures, or failures of third-party infrastructure.
Notices
Legal notices to aiAvenu should be sent to:
aiAvenu, Inc.
1395 Brickell Ave., Suite 2706
Miami, FL 33131
Attn: Legal
Email: legal@avenu.ai
A notice will be considered received when delivered by the applicable delivery method, subject to applicable law.
Relationship
The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary relationship, franchise relationship, employment relationship, or agency relationship between the parties.
21. Contact Us
Questions concerning these Terms may be directed to:
aiAvenu, Inc.
1395 Brickell Ave., Suite 2706
Miami, FL 33131
legal@avenu.ai
1-855-999-7171