Terms & Conditions

Welcome to Advoy™ where we take the bizarre out of bazaar.  If you are here because you need digital marketing services, as our “Client”, we will provide you with Advoy resources to help you reach your goals.  If you are looking to refine your skills and expertise in digital marketing, as our “Seller” you will be able to develop your portfolio and make notable connections. In either case, we will be with you along the way and provide top-notch resource.

The following Terms & Conditions, together with our Privacy Policy (collectively, "Terms & Conditions") govern your access to and use of the Company’s mobile application, tablet application, technology platform, and website including any content, functionality, and services offered on or through such application, website, or platform (collectively, "Advoy").  Advoy is owned and operated by Advoy Inc. (“Company” or “we”).

Please read the Terms & Conditions carefully before you start to use Advoy. By clicking to “accept” or “agree” to the Terms & Conditions, you represent that you are at least 16 years of age and are acting solely for yourself or upon authorization from our employer or controlling entity (if applicable).    

When you check your acceptance of the Terms & Conditions, this creates a binding legal agreement between you and the Company.  If you find these Terms & Conditions to be unacceptable, you must immediately terminate your use of Advoy.  

The Company may update these Terms & Conditions at any time upon prior written notice (typically by email).  Your continued use of Advoy after our written notice signals your acceptance to continue to be bound by these Terms & Conditions.    

Please note that Advoy is being provided to you through your employer.  Your employer decides which Advoy services may be provided to you.  Access to Advoy may also depend on your role based solely upon your employer’s discretion.  As such, not all terms herein may be applicable to you.

 

Account Registrations.

  1. Whether you are Client or Seller, access to Advoy requires an account.  As part of the account registration process, you will be asked for certain personal information such as your full name email address, and payment information.  It is a condition of your use of Advoy that all the information you provide on Advoy is correct, current, and complete. You will be required to maintain confidentiality and limit access to your account with a password.  Advoy will never ask you for your password. 
  2. You agree that all information you provide to register with Advoy is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your account information consistent with our Privacy Policy. 
  3. You acknowledge that unauthorized access to any areas in Advoy is prohibited and may lead to criminal prosecution and/or civil liability.
  4. Should you know of or suspect unauthorized access or use(s) of your account, you must change your password immediately and inform us or your employer.  

 

(if you are a) Seller

  1. As a Seller, you acknowledge that you are operating as our independent contractor.  As an independent contractor, you will provide digital marketing services available through Advoy.  You agree to offer custom solutions, sell authorized products and services, and complete projects to our standards and the Client’s reasonable requests.
  2. As an independent contract, you are not a partner, agent, or employee of the Company.  However, you acknowledge and agree to maintain professional conduct at all times while working on an Advoy project and communicating with a Client or us.  Any conduct that reasonably fails to meet our standards is cause for immediate termination without any prior notice from us.
  3. Your status as an Advoy Seller begins on the day you enter into these Terms & Conditions.  Either you or we may terminate your Seller status at any time, without cause, upon notice.  Termination will be effective 5 days after notice.
  4. As an independent contractor, your compensation is entirely contingent upon your monthly sales. No other bases for payment or compensation are owed to you except as detailed below. For each month in which your total monthly sales amount to
  • under $200 000, you will receive 5% commission
  • over $200 000, you will receive 7% commission.
  1. You are responsible for your own equipment and materials in connection with your Advoy services.  We will not reimburse for any equipment, repairs, utilities, travel, or insurance.
  2. You acknowledge and agree that you may not provide any products or services to a Client to whom you were first introduced or with whom you first became acquainted through Advoy.  You may not promote, offer, or render any services to an existing Client or a former Client whose relationship with us terminated less than 12 months since date of last service.
  3. You may not use Advoy for any purpose other than to promote and render Advoy services (e.g. sell services, chat with Clients, mange leads, create and manage campaigns, and receive payment).  Your access and use of Client data is strictly limited to managing Client campaigns.
  4. All communications between you and Client are strictly limited to Client campaign.  You may not disclose or publish any Client campaign information and/or Client’s business information, whether a trade secret or not, under any circumstances to a non-Advoy or non-Company member.  As such, you agree that to treat any information received from Client as highly sensitive and classified material.  As such, all information provided by Client shall be maintained in strict confidence, not used for any purpose other than as permitted for a marketing campaign, and not copied or reproduced unless as expressly authorized by Client. 
  5. You agree to indemnify Advoy and the Company of any claims or allegations arising out of any communications, services, or interactions outside the scope of any Client campaign.
  6. For any disputes involving us or a Client, please reach out to us at info@advoy.io or on the Advoy platform
  7. You acknowledge that that at our sole discretion, we may suspend or terminate your account or a Client campaign, or transfer a Client campaign, if we reasonably believe your work progress does not meet our quality standards.
  8. You agree that these Terms and Condition serve as the sole agreement between you and us concerning your status as an Advoy Seller.  
  9. You agree that these Terms and Conditions may not be assigned to another party.  You also agree that you may not delegate your duties or obligations to another party.  These Terms and Conditions are solely between you and us; any transfer of any rights, duties, obligations or otherwise of any kind are null and void.

 

(if you are a) Client

  1. You acknowledge that all communications regarding your digital marketing campaign (e.g. making request for a campaign; checking on status) will be conducted directly through the Advoy platform.  We will not be responsible for any communications, work, services, etc. and any effects as a result thereof conducted outside of Advoy.  
  2. You may not offer direct payment to any Seller outside of Advoy.  You may not pay Seller using any payment other than as authorized by Advoy.  In case you have any questions, please contact Advoy info@advoy.io   
  3. You acknowledge a duty to respect intellectual property laws, which includes, but is not limited to trademark law and copyright law.  You acknowledge that you have proper authorization to use, display, and adapt any third-party Content (as defined in the section entitled “Intellectual Property”) you provide to Advoy for use in connection with your digital marketing campaign.  You also acknowledge that you have proper authorization to grant us and Advoy the right to use and display any third party Content.  You agree to indemnify Advoy and the Company for any infringement, misappropriation, misuse, breach of conduct, or other actions as a result of the use, display, or adaption of a third party’s Content.
  4. You hereby authorize us and Advoy to use and display any Content, whether belonging to you or a third party, your trademarks, and delivered work for marketing and promotional purposes.
  5. For any disputes involving us or a Seller, please reach out to us at info@advoy.io or on the Advoy platform
  6. Because your satisfaction is based upon our performance, you acknowledge that all representations and statements made by you are accurate and complete.

 

Digital Marketing Campaign and Feedback

  1. Advoy provides the right solutions for your digital marketing needs.  We can start from the beginning or optimize our digital marketing campaigns.  Whether your aim is brand awareness, direct response, or a mixture of both, Advoy can help you meet your goals.  Our Sellers will guide you through our products and services with your budget in mind. 
  2. You acknowledge that we will – and you authorize us to - collect, process, and disclose/display Client and Seller data as appropriate in delivering Advoy product and services.  Such data may be in the form of analytics information gathered using Google Analytics, Google Tag Manager, Facebook Pixel, LinkedIn tag, Pinterest tag, and other similar technologies.  You acknowledge and confirm that we may implement heat-map technology in the collection, processing, and disclosure/display of your data.
  3. Data transmitted through Advoy may be accessed and/or processed by us or a third-party service provider or vendor in the United States or a foreign jurisdiction.  As such, your data may be subject to laws of countries other than the United States, and may be seized and/or accessed by legal authorities outside of the United States.  You consent to the transmission of your data outside the United States, and you consent to allowing Advoy to share your data to proper legal authority.

 

Intellectual Property

  1. You acknowledge that Advoy and any underlying technology used in connection with Advoy, and all contents, features, services, and functionality software, material, information, communications, text, graphics, icons, scripts, links, electronic art, animations, audio, video, photos, and other data and the selection, and arrangement thereof (collectively, the “Content”) are provided by the Company or third-party providers and are the intellectual property of the Company and/or such third parties.  Content is owned or licensed by the Company and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.
  2. You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile, or in any manner commercially exploit any part of Advoy or the Company’s or third party’s Content, in whole or in part.  You may not store any portion of any Content owned by, or licensed to the Company in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” Advoy or any Content on any other server.
  3. The Company name, the term Advoy, the Company logo, and all related names, logos, domain names, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Advoy are the trademarks of their respective owners

 

Code of Conduct 

  1. Incidents and uses that may cause your account – whether as a Seller or Client -  to be terminated may include, but are not limited to:

 

  • Using or attempting to use another user’s account.
  • Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature.
  • Removing any proprietary notices or label on any Content (as defined below), or using Advoy in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Content or other work protected under copyright laws.
  • Uploading of transmission of any file or content that harm minors in any way, including any form of child pornography.
  • Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images.
  • Uploading or transmission of files intended to threaten or harass any individual or organization.
  • Using Advoy for any purpose other than which it is intended.
  • Using Advoy for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM).
  • Using Advoy for advertising, trading of goods or services, or other commercial use except as permitted by Advoy.
  • Attempting to impersonate any person.
  • Attempting to use fake and/or unauthorized biometric data (e.g. images).
  • Attempting to circumvent biometric software.
  • Using GPS spoofing technology.
  • Modifying, changing, disassembling, decompiling or otherwise reverse engineering any aspect of Advoy.
  • Using identifying information in a defamatory way.
  • Uploading any programs that may cause a disruption to Advoy.
  • Taking any action that violates the laws of applicable local, state, federal or international governmental bodies.
  • Sharing the account with anyone or re-selling Advoy without express written permission from Advoy.
  1. The Company will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity.  Advoy and the Company reserve the right to monitor or view material uploaded by users onto Advoy at any time for the purpose of ensuring compliance with this Terms & Conditions.

 

Communications through Advoy

  1. Advoy allows for communications between Clients, Sellers, and Advoy.  All communications regarding a digital marketing campaign must be solely made through Advoy.  Advoy will not be responsible or liable for any communications made through any other media such as, but not limited to, e-mail, telephone, a messaging app, or some other platform.
  2. You agree that we may store any and all communications made on Advoy.  You further acknowledge and agree that we may store such communications for as long as there is a practical purpose for use, and we may use such communications for data analytics purposes.  
  3. You acknowledge and agree that we may disclose any and all communications for any law enforcement investigations or law enforcement purposes without any notice to you.
  4. You agree to abide by Advoy’s Content Standards for all communications.  When communicating, you will not:
  • convey any material that is defamatory, racist, sexist, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • convey any sexually explicit or pornographic material, violence
  • make commercial sales or pitches outside the scope of Advoy.

 

  1. You acknowledge that we have a right to limit or restrict any communications with a Advoy agent for actions, communications, or behavior that we reasonably believe could intimidate, threaten, harm, or have a negative effect on our Counselors.

 

Your Privacy

  1. Advoy has a firm commitment to safeguarding your privacy.  Please review Advoy’s Privacy Policy. The terms of Advoy’s Privacy Policy are considered part of, and are incorporated into, these Terms & Conditions.  By accepting these Terms & Conditions, you accept our Privacy Policy.

 

Our Liability, Disclaimer Of Warranty, And Limitations Of Liability

  1. Advoy uses proprietary methodology to provide digital marketing services and products.  However, you understand that we cannot and do not guarantee or warrant any results.  
  2. ADVOY AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS ADVOY OR USE ADVOY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ADVOY’S RECORDS, PROGRAMS, OR SERVICES.   IF YOU ARE DISSATISFIED WITH ANY PORTION OF ADVOY, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ADVOY.
  3. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
  4. YOUR USE OF ADVOY, INCLUDING ITS CONTENT, PRODUCTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ADVOY IS AT YOUR OWN RISK. ADVOY, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ADVOY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ADVOY, INCLUDIN ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ADVOY, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ADVOYIS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ADVOY MEETS YOUR NEEDS OR EXPECTATIONS.
  5. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ADVOY, INCLUDING ANY CONTENT ON ADVOY, 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, OR OTHERWISE, EVEN IF FORESEEABLE.
  6. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES ADVOY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company and its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms & Conditions, (ii) your use of Advoy, (iii) your use of any information obtained from Advoy, or (iv) any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of Advoy.

 

Miscellaneous

  1. This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. applicable to agreements executed and fully performed therein.  It is agreed that only the United States District Court for the South District of New York, will have jurisdiction over any controversies regarding this Agreement.
  2. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable.  The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
  3. No waiver by the Company of provision set out in these Terms & Conditions shall be deemed a further or continuing waiver of provision or a waiver of any other provision, and any failure of the Company to assert a right under these Terms & Conditions shall not constitute a waiver of such right.
  4. Unless otherwise stated, all feedback, comments, requests for technical support, and other communications relating to Advoy should be directed to info@advoy.io 
  5. The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding Advoy and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Advoy.

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