By installing and continuing to use the Avante Argus App (the “App”), you (“User”) acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms, you must immediately cease using the App and uninstall it from your device.

This Agreement is between you and Avante Corp. (“Avante” or the “Service Provider”).

A. Services

The App provides the following services (the “Services”):

A.1 Push to Call Service

If User activates the “Push to Call” service, the device will complete a video call to a live agent at Avante’s control centre. Avante agents will endeavour to provide assistance based on the conversation with the User, including security responses, car services, medical services, accident response, distress support, and other emergency response services.

If an Avante agent reasonably perceives that an emergency situation may be occurring, the agent may dispatch Avante security services, police, ambulance, or fire services as deemed appropriate and in the best interests of the User.

A.2 Tracking Service

If User activates the “Push to Call” service, Avante’s control centre will locate and begin tracking the location of the device using GPS data, if available. User consents to Avante’s real-time use of location data for the purpose of providing the Services.

A.3 Terminating Call

To terminate a call, User must push and hold the END button for five (5) seconds. If a call is not properly terminated, tracking will continue. This information assists Avante agents in assessing emergency situations. User is responsible for ensuring all calls are properly terminated.

A.4 Emergency Response

THIS APP IS NOT A REPLACEMENT FOR 911.

If immediate emergency assistance is required, User should dial 911 directly. Avante agents may dispatch emergency services if an emergency is reasonably perceived, even without explicit request.

If a call is active without voice communication, or communication ceases while the App remains active, Avante may interpret this as an emergency and dispatch services accordingly.

User acknowledges and consents that emergency responders may forcibly enter User’s premises if deemed necessary and that Avante is not liable for the actions of third-party responders.

A.5 Third Party Service Providers

Some services may be provided by third parties. User acknowledges that Avante is not responsible for third-party services or their costs. All third-party charges are the sole responsibility of the User and are separate from Avante subscription fees.

B. Fees

B.1 Subscription Fees

The Services are provided on a prepaid subscription basis. Users may subscribe to 14-Day or Monthly plans, each including a set number of call minutes. Additional minutes may be purchased in blocks of 15, 30, or 60 minutes.

B.2 Auto-Renewal and Billing

Subscriptions renew automatically unless auto-renew is declined. Call minutes are deducted when calls or tracking are active. Unused minutes do not carry over. Fees are prepaid and non-refundable except where required by law.

C. Personal Information and Privacy

C.1 Personal Information

Avante may collect personal information including name, contact details, financial information, location data, and communications. User warrants that all required consents have been obtained under applicable privacy laws.

C.2 Use of Personal Information

User consents to Avante’s collection, use, disclosure, and transfer of Personal Information, including transfers outside of Canada, for service delivery and account administration.

User may withdraw consent by written notice to Avante. Withdrawal may result in termination of Services.

C.3 Privacy Policy

Personal Information is handled in accordance with applicable privacy laws and Avante’s Privacy Policy:
https://www.avantesecurity.com/privacy-policy/

D. Communication Services

The App’s functionality depends on device operation, battery power, and network connectivity. Avante is not responsible for service interruptions caused by device or network failure.

E. No Warranty

Except as required by law, Avante provides the App and Services “as is” without warranties of any kind. Avante is not liable for consequential or incidental damages except where prohibited by law.

F. Limitation of Liability

F.1 No Insurance

Avante is not an insurer. Fees charged are not insurance premiums and do not reflect the value of User’s property or risk of loss.

F.2 Liability Cap

If Avante is found liable, liability is limited to the greater of the fees paid in the previous twelve (12) months or one thousand dollars ($1,000), except where prohibited by law.

F.3 Indemnification

User agrees to indemnify and hold Avante harmless from claims related to the Services, except where caused by Avante’s gross negligence or wilful misconduct.

F.4 Beneficiaries

These limitations apply to Avante and its agents, employees, contractors, affiliates, and suppliers.

G. System Software

All software is proprietary and licensed on a non-exclusive basis. User may not copy, disclose, or misuse the software.

H. Force Majeure

Avante is not liable for failure to perform due to events beyond its reasonable control, including natural disasters, pandemics, cyber-attacks, or infrastructure failures.

I. Assignment

User may not assign this Agreement without Avante’s written consent. Avante may assign or subcontract without notice.

J. English and French Clause

This Agreement has been drawn up in English at the request of the User.

Ce contrat a été rédigé en anglais à la demande et avec l’assentiment du client.

K. Miscellaneous

K.1 Enforceability

If any provision is unenforceable, the remaining provisions remain in effect.

K.2 Counterparts

This Agreement may be executed electronically and in counterparts.

K.3 Jurisdiction

This Agreement is governed by the laws of Ontario, Canada. All disputes shall be resolved exclusively in Ontario courts.

K.4 Further Information

For questions, contact clientcare@Avantesecurity.com or call 1 (416) 923-6984.

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