AVAAL Terms of Service

1. About these Terms

1.1 Scope. These Terms of Service (“Terms“) govern all products and services offered by Avaal, including:

software and mobile applications, including AFM, AED, AEM, AIM, AFC and AFN;
integrations, including EDI, API, ELD, QuickBooks and mapping services;
artificial-intelligence features;
regulatory filing services, including operating authorities, permits and registrations;
bonds;
training courses and certifications;
the website avaal.com.

Together these are the “Services“.

1.2 Who “Avaal” is. “Avaal”, “we” and “us” mean:

(a) AVAAL Inc., a United States corporation, if the Customer’s billing address is in the United States; and
(b) AVAAL Technology Solutions Inc., an Ontario corporation, in all other cases.

Each entity is responsible only for the Order Forms it signs.

1.3 Who “Customer” is. “Customer” and “you” mean the business or individual that signs an Order Form, registers for, buys or uses the Services. A person who accepts these Terms on behalf of a business confirms that they have authority to bind it.

1.4 Structure. The agreement between you and Avaal consists of:

these Terms;
the Schedule for each Service you buy (Schedule A Software; Schedule B Regulatory Filing; Schedule C Bonds; Schedule D Training; Schedule E Website);
your Order Form(s); and
the Avaal Privacy Policy.

Together these are the “Agreement“.

1.5 Acceptance. You accept the Agreement by signing an Order Form that refers to these Terms, by clicking to accept them, or by using the Services.

1.6 Order of precedence. If documents conflict, they apply in this order:

the Order Form, but only for the price, quantities, plan and term stated in it;
the applicable Schedule;
these Terms;
the Privacy Policy and other Avaal policies.

Terms in your purchase orders or other documents have no effect, even if Avaal accepts or signs them.

2. Definitions

“Authorized Users“: your employees, drivers, contractors and others you allow to use the Software.
“Customer Data“: data and content submitted to the Software by you or for you, including data received from integrations you enable. It does not include Usage Data.
“Order Form“: any quote, subscription or lease agreement, invoice, or online checkout for a Service that you accept.
“Output“: anything the Services produce, including reports, calculations, routes, compliance indicators, alerts, filings and AI-generated content.
“Software“: Avaal’s software, mobile applications, portals and integrations, as updated from time to time.
“Third-Party Services“: products, services, data, networks, platforms and systems not provided by Avaal. This includes integrations, ELD providers, mapping providers, app stores, sureties, and government systems (including CBSA, CBP, FMCSA, Transport Canada, and provincial and state registries).
“Usage Data“: technical and operational information about how the Services are used and perform, such as logs, device and browser details, feature usage and error reports. It excludes the content of Customer Data.

3. Accounts and Authorized Users

3.1 You are responsible for all activity under your accounts and for your Authorized Users’ compliance with the Agreement.

3.2 You must keep login credentials confidential and must not share user accounts. Notify Avaal promptly of any unauthorized use. Avaal is not liable for losses caused by credentials that are lost, shared or compromised other than through Avaal’s fault.

3.3 You must provide accurate account and billing information and keep it current.

4. Fees, payment and renewal

4.1 Fees. You will pay the fees in your Order Form. Customers of AVAAL Technology Solutions Inc. pay in Canadian dollars; customers of AVAAL Inc. pay in US dollars. Fees exclude taxes. You pay all applicable taxes other than taxes on Avaal’s income.

4.2 Automatic payment. Fees are payable in advance. You authorize Avaal and its payment processor to charge your payment method on each due date for:

subscription fees;
usage above your plan limits (for example, SMS messages beyond the included cap);
professional services; and
taxes.

4.3 Pre-authorized debit (Canada). If you pay by pre-authorized debit (“PAD”):

You authorize Avaal and its payment processor to debit the bank account you provide for all amounts due under the Agreement, including variable amounts.
This is a business PAD. You waive any pre-notification requirement.
You may cancel this authorization on 30 days’ written notice. Cancelling it does not cancel amounts owed.
You have certain recourse rights if a debit does not comply with this authorization. For example, you have the right to be reimbursed for any debit that is not authorized or not consistent with this authorization. For more information on your recourse rights, contact your financial institution or visit www.payments.ca.

4.4 Late payment. Avaal may, at its discretion, charge late fees and interest on overdue amounts, as set out in your Order Form or invoice or as Avaal otherwise notifies you. You will also pay reasonable collection costs. Avaal may suspend the Services under Section 13, and may charge a reactivation fee to restore a suspended or cancelled account.

4.5 No refunds. All fees are non-refundable. This includes fees for partial periods, unused features, users, trucks or seats, and services already started. The only exceptions are where these Terms expressly provide a refund or applicable law requires one.

4.6 Term and automatic renewal.

The initial term is stated in the Order Form. If no term is stated, it is one month.
Each subscription renews automatically for successive terms of the same length unless you give written notice of non-renewal at least 30 days before the renewal date.
Where the law requires a renewal reminder, Avaal will send one.
Fees for the full term are due even if you stop using the Services.

4.7 Price changes. Avaal may change its fees and charges at its discretion, with effect from the start of any renewal term, by giving you prior notice.

4.8 Billing disputes. You must notify Avaal in writing of any disputed charge within 30 days of the invoice or debit date. If you don’t, the charge is accepted.

5. Customer Data

5.1 Ownership. As between you and Avaal, you own your Customer Data.

5.2 Licence to Avaal. You grant Avaal a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process and display Customer Data as needed:

to provide, maintain, secure and support the Services;
to follow your instructions, including through integrations you enable; and
to comply with law.

5.3 Limits on Avaal’s use. Avaal will not:

(a) sell Customer Data;
(b) use Customer Data for advertising, or disclose it to third parties for their own marketing; or
(c) use Customer Data to train artificial-intelligence or machine-learning models, other than to provide the Services to you.

5.4 Usage Data. Avaal may collect and use Usage Data to operate, secure, support and improve the Services. Avaal may use Usage Data in aggregated or de-identified form that does not identify you or any individual.

5.5 Your responsibilities for Customer Data. You are solely responsible for the accuracy, quality and legality of Customer Data. You are also responsible for having all rights, notices and consents required to submit it and to have Avaal process it. This includes:

notices to, and consents from, your drivers, employees, contractors and other individuals for location tracking, ELD and hours-of-service records, payroll, and customs and eManifest identity information; and
any electronic-monitoring policy that the law requires you to have.

Avaal does not verify Customer Data.

5.6 Avaal as service provider. For personal information in Customer Data, you are the organization in control of that information, and Avaal processes it on your behalf as your service provider. Avaal will:

(a) process it only to provide the Services, on your instructions as set out in the Agreement, or as required by law;
(b) let its support personnel access Customer Data only with your permission (for example, when you request support), or where needed to keep the Services secure and running or to comply with law;
(c) require its personnel with access to keep it confidential;
(d) protect it as described in Section 6;
(e) notify you without undue delay after confirming a breach of security safeguards involving your Customer Data, and give you the information reasonably available to Avaal so you can meet your own obligations;
(f) use other service providers to process it only under written obligations to protect it;
(g) at your request and cost, provide reasonable help in responding to requests from individuals; and
(h) retain or delete it as described in Section 5.8.

5.7 Export during your subscription. You may export Customer Data at any time during your subscription using the Software’s export features then available. Data import, migration and assisted export are professional services, charged at Avaal’s then-current rates. Avaal will give you an estimate on written request. Estimates are not fixed quotes.

5.8 Retention and deletion after your subscription ends.

(a) When your subscription ends, your access to the Software and to Customer Data ends. Export any data you need before your subscription ends.
(b) You may reactivate a cancelled subscription by paying the reactivation fee and any amounts owing. On reactivation, you regain access to the Customer Data Avaal still holds at that time.
(c) After your subscription ends, Avaal has no obligation to retain Customer Data. Avaal may delete it, in whole or in part, at any time and at its discretion, in line with its retention practices and without notice.
(d) Avaal may keep copies of Customer Data in backups until they are overwritten in the ordinary course, as required by law, or to establish or defend legal claims. Section 8 (Confidentiality) continues to apply to any copies kept.
(e) You alone are responsible for exporting and keeping any records you must retain by law, including tax, IFTA, hours-of-service, payroll and customs records. Avaal is not liable for the deletion of Customer Data after your subscription ends.

5.9 Legal demands. Avaal may disclose Customer Data if required by law, court order or a binding government request. Where legally permitted and reasonably practicable, Avaal will notify you first.

6. Security

6.1 Avaal maintains administrative, technical and physical safeguards designed to protect Customer Data. They are appropriate to the nature of the data and consistent with generally accepted industry practices for hosted software. They include hosting in North American data centres, access limited to authorized personnel, and regular backups.

6.2 No system is completely secure. Avaal does not warrant that the Services or Customer Data will be free from unauthorized access, loss, corruption or interruption.

6.3 You are responsible for:

the security of your own devices, networks and credentials;
using the security features Avaal offers (such as multi-factor login, where available);
promptly removing access for users who leave your organization; and
keeping your own copies of critical records.

7. Third-Party Services, integrations and networks

7.1 Integrations. When you enable an integration, you authorize Avaal to exchange Customer Data with that provider as needed for the integration to work. The provider’s own terms and privacy policy govern its use of the data.

Avaal is not responsible for:

Customer Data once it leaves Avaal’s systems;
the accuracy, availability, changes, fees or discontinuation of any Third-Party Service.

Avaal may stop supporting an integration if the provider changes or ends its service.

7.2 Government systems. Avaal does not control government systems or decisions, and is not liable for:

outages, rejections or delays;
changes in rules or data formats; or
penalties imposed by any authority, including CBSA, CBP, FMCSA, Transport Canada, or any IRP, IFTA, provincial or state body.

7.3 Network and load-matching features. These include AFN, AFC, MyOrder and any load or truck posting feature.

(a) Avaal provides technology only. Avaal is not a freight broker, freight forwarder, carrier, shipper or agent of any user. It does not arrange transportation and is not a party to any transaction between users.
(b) Avaal does not verify any user’s identity, operating authority, insurance, safety record or creditworthiness. You are responsible for your own due diligence.
(c) Avaal is not liable for:
- cargo loss or damage;
- non-payment, fraud or double-brokering;
- service failures; or
- any dispute between users.
(d) Information you post or share through these features is visible to the users and parties you select, or to the audience of that feature.

7.4 Maps and routing. Routes, mileage, and truck restrictions or attributes may be inaccurate or out of date. Drivers must obey road signs, laws and permit conditions. Avaal is not liable for incidents, fines or damage arising from routing information.

7.5 App stores. Your use of Avaal mobile apps is also subject to the terms of the app store you download them from. Apple and Google:

are not parties to the Agreement;
have no obligation to provide maintenance or support; and
are not responsible for claims relating to the apps.

Apple and its subsidiaries are third-party beneficiaries of this Section for apps downloaded from the Apple App Store.

8. Confidentiality

8.1 Each party will:

use the other party’s confidential information only to perform the Agreement;
protect it with at least reasonable care; and
disclose it only to personnel and advisers who need to know it and are bound by confidentiality duties.

Customer Data is your confidential information.

8.2 Exceptions. Information is not confidential if it:

is or becomes public through no fault of the receiving party;
was already known to the receiving party;
is independently developed; or
is lawfully received from a third party.

A party may disclose confidential information if required by law, after giving notice where legally permitted.

8.3 Duration. These obligations continue after the Agreement ends for as long as the information remains confidential. For Customer Data, they continue for as long as Avaal holds it.

9. Intellectual property and acceptable use

9.1 Avaal property. Avaal and its licensors own:

the Services and Software;
documentation and course materials;
report templates and other Avaal content;
trademarks; and
all improvements to any of these.

During your subscription, Avaal grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services for your internal business purposes, within your plan limits.

9.2 Restrictions. You must not, and must not allow others to:

(a) copy, modify, reverse engineer, decompile or create derivative works of the Software;
(b) resell, sublicense, rent or share the Services, or exceed plan limits (users, trucks, companies);
(c) use the Services to build or benchmark a competing product;
(d) scrape the Services or circumvent their security or usage limits;
(e) upload malware, or use the Services unlawfully or to infringe anyone’s rights;
(f) send messages through the Services without the recipient’s required consent; or
(g) interfere with the Services or other users.

9.3 Feedback. If you give Avaal suggestions or feedback, Avaal may use them without restriction or payment.

9.4 Output. You may use Output for your internal business purposes. Output that contains Customer Data is treated as Customer Data.

10. Your compliance responsibilities

10.1 You alone are responsible for complying with all laws that apply to your business. This includes laws on:

transportation and safety, hours of service and ELDs;
customs and eManifest;
tax (including IFTA and sales taxes);
payroll and employment;
privacy;
anti-spam and telemarketing; and
trade.

10.2 Output is an aid, not advice. Reports, calculations (including IFTA, payroll, settlements and rates), compliance indicators, alerts, routes and AI Output are provided to assist you. You must review and verify Output before relying on it, filing it, paying on it or submitting it. Avaal does not provide legal, tax, accounting, customs-brokerage or compliance advice.

10.3 Filings and submissions. You are responsible for:

the accuracy, completeness and timeliness of everything you submit through the Services, including eManifests and applications;
confirming that the receiving authority has accepted each submission; and
any penalties (including Administrative Monetary Penalties), fines, delays, holds or refusals of entry.

10.4 Messaging. You are responsible for obtaining the consents required to send SMS and email through the Services, and for honouring opt-outs.

10.5 Safe driving. You must ensure drivers do not use Avaal apps in breach of distracted-driving laws. Avaal is not liable for any accident or incident involving a vehicle.

11. Artificial-intelligence features

11.1 AI features, including OrderX, generate Output by probabilistic methods. That Output may be inaccurate, incomplete or unsuitable. You must review AI Output before using it. It is not a substitute for human judgment.

11.2 Avaal is not liable for any action taken, or not taken, based on AI Output.

11.3 You must not use AI Output to make decisions with legal or similarly significant effects on any individual without meaningful human review.

11.4 AI features may change or be withdrawn at any time.

12. Availability, support and changes to the Services

12.1 Support. Support is as stated in your Order Form. Support for the Software, including border-crossing (eManifest) services, is available 24/7 by phone and email. Support for other Services is available during Avaal’s business hours, as published by Avaal from time to time. Support availability is not a guarantee of any response or resolution time.

12.2 Availability. Avaal does not commit to any uptime level or service-level agreement unless a signed Order Form expressly provides one. The Services may be unavailable during maintenance, updates, or events outside Avaal’s control.

12.3 Changes. Avaal may modify, add or remove features at any time. If Avaal discontinues an entire Software product you subscribe to, your sole remedy is a refund of prepaid fees for the unused period.

12.4 Beta features. Features marked beta, preview or trial are provided “as is”, without support. Avaal has no liability for them.

13. Suspension

Avaal may suspend all or part of the Services, immediately or on notice, if:

(a) any fees are overdue;
(b) you breach Section 9.2 or 10;
(c) your use poses a security, legal or operational risk; or
(d) Avaal is required to by law.

Fees continue to accrue during a suspension.

14. Term and termination

14.1 The Agreement continues while any Order Form is in effect.

14.2 You may end a subscription only by non-renewal under Section 4.6. Early termination does not reduce the fees due for the full term.

14.3 Avaal may terminate the Agreement or any Order Form:

(a) if you fail to cure a breach within the period stated in Avaal’s notice;
(b) immediately, if you become insolvent, engage in fraud or illegal use, or repeatedly breach the Agreement; or
(c) on reasonable notice for any reason, in which case Avaal will refund prepaid fees for the unused period.

14.4 On termination:

all unpaid fees become due immediately, including the remaining fees for the term if termination results from your breach;
Section 5.8 applies to Customer Data;
you must remove Avaal mobile apps from devices; and
Sections 4, 5.8, 8, 9, 10, 15, 16, 17, 19 and 20 survive.

15. Disclaimer of warranties

15.1 Each party warrants that it has authority to enter into the Agreement. You warrant that your use of the Services and Customer Data complies with law.

15.2 Except as stated in Section 15.1, the Services and Output are provided “AS IS” and “AS AVAILABLE“. To the maximum extent permitted by law, Avaal disclaims all warranties, representations and conditions, whether express, implied or statutory. This includes any of merchantability, merchantable quality, fitness for a particular purpose, durability, accuracy, non-infringement, and any arising from course of dealing or usage of trade.

15.3 Avaal does not warrant that:

the Services will be uninterrupted, timely, secure or error-free;
the Services will meet your requirements or produce any result;
any Third-Party Service will work;
any authority will accept a filing;
any permit, authority or registration will be granted;
any surety will issue a bond; or
any participant will pass a course or obtain employment.

15.4 Statements by Avaal personnel are not warranties unless included in a signed Order Form.

15.5 If the law does not allow a warranty to be excluded, it is limited to the shortest period the law permits. Avaal’s sole obligation under it is, at Avaal’s option, to re-perform the affected service or refund the fees paid for it.

16. Limitation of liability

16.1 Excluded losses. To the maximum extent permitted by law, neither party is liable for any of the following, even if advised of the possibility:

indirect, incidental, special, consequential, exemplary or punitive damages;
loss of profits, revenue, business, goodwill or opportunity;
loss or corruption of data;
business interruption;
cost of substitute services;
fines, penalties, assessments or interest imposed by any authority; or
cargo loss, personal injury or property damage arising from use of the Services or Output.

16.2 Liability cap. To the maximum extent permitted by law, Avaal’s total liability for all claims arising out of or related to the Agreement or the Services will not exceed:

(a) for Software, the fees you paid for the Software product giving rise to the claim in the 12 months before the first event giving rise to liability;
(b) for regulatory filing services or bonds, Avaal’s service fee for the filing or bond concerned. This excludes government fees and premiums paid to sureties; and
(c) for training, the fees paid for the course concerned.

16.3 How the limits apply.

They apply to every type of claim, whether in contract, tort (including negligence), strict liability, statute or otherwise.
They form an essential basis of the Agreement, and Avaal’s fees reflect them.
They do not limit your obligation to pay fees, your indemnity obligations, or your liability for breach of Section 9.2.

16.4 Nothing in the Agreement excludes or limits liability that cannot be excluded or limited by law.

16.5 Time limit for claims. To the extent permitted by law, any claim against Avaal must be started within one year after the day it was discovered or ought to have been discovered. After that, it is permanently barred.

17. Indemnity

You will defend, indemnify and hold harmless Avaal, its affiliates, and their officers, directors, employees, agents, licensors and service providers from all claims, demands, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or related to:

(a) Customer Data, including claims by drivers, employees or other individuals about their personal information;
(b) use of the Services or Output by you or your Authorized Users;
(c) your breach of the Agreement or of any law;
(d) transactions or disputes between you and shippers, brokers, carriers, other users or other third parties;
(e) information you provide for filings, permits, registrations or bonds;
(f) Third-Party Services you enable; or
(g) the operation of vehicles, cargo, or any accident.

Avaal may choose to control the defence of any claim, at your cost. You will cooperate.

18. Changes to these Terms

18.1 Avaal may amend these Terms by posting an updated version at avaal.com with a new effective date.

18.2 For material changes, Avaal will notify you by email or in the Services before they take effect. If a material change adversely affects a current subscription, it takes effect at the start of your next renewal term, unless it is required by law or for security, or relates only to new features.

18.3 Continued use of the Services after a change takes effect means you accept it. If you do not accept a change, your remedy is to give notice of non-renewal.

18.4 Changes to an Order Form must be in writing and signed by both parties.

19. Governing law and disputes

19.1 Governing law.

Customers of AVAAL Technology Solutions Inc.: the laws of Ontario and the federal laws of Canada applicable there.
Customers of AVAAL Inc.: the laws of the state in which AVAAL Inc. is incorporated and applicable US federal law, including the Federal Arbitration Act.

In both cases, conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods do not apply.

19.2 Negotiation. Before starting arbitration, the parties will try for 30 days to resolve any dispute through senior representatives.

19.3 Arbitration. Any unresolved dispute arising out of or related to the Agreement will be finally resolved by confidential, binding arbitration before a single arbitrator, in English:

Canada: under the rules of the ADR Institute of Canada, seated in Toronto, Ontario.
United States: under the Commercial Arbitration Rules of the American Arbitration Association, seated in the city where AVAAL Inc.’s principal US office is located when the arbitration starts.

Judgment on the award may be entered in any competent court.

19.4 Court exceptions. Either party may go to court for urgent injunctive relief to protect intellectual property or confidential information. Avaal may sue in court, including small-claims court, to collect unpaid fees.

19.5 Individual claims only. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. In the United States, each party waives trial by jury.

19.6 Consumers. Sections 19.3 to 19.5 do not apply to the extent consumer protection law prohibits them for an individual consumer (for example, in Ontario or Quebec). Consumers may bring claims in court where the law allows.

20. General

20.1 Force majeure. Avaal is not liable for any delay or failure caused by events beyond its reasonable control. Examples include:

internet, telecommunications, power or data-centre failures;
cyberattacks;
failures of government systems or Third-Party Services;
labour disputes, pandemics, natural disasters and war; and
changes in law.

20.2 Assignment. You may not assign the Agreement without Avaal’s written consent. Avaal may assign it to an affiliate or to a successor in a merger, reorganization or sale of assets.

20.3 Relationship. The parties are independent contractors. Except under Schedule B, Avaal is not your agent. No third party has rights under the Agreement except as stated in Section 7.5.

20.4 Notices. Notices to Avaal go to admin@avaal.com and to the address for the Avaal entity concerned published at avaal.com. Notices to you go to the email address on your account. Email notices are effective when sent.

20.5 Electronic communications. You agree that notices, agreements and other communications Avaal sends electronically satisfy any legal requirement that they be in writing. Electronic signatures are binding.

20.6 Publicity. Avaal may name you as a customer and use your logo in its marketing materials. You may withdraw this permission by written notice. Avaal will then stop using your name and logo in new marketing materials.

20.7 Entire agreement. The Agreement is the entire agreement between the parties about its subject matter and replaces all earlier agreements, proposals and representations about that subject matter.

20.8 Severability and waiver. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. A failure to enforce a provision is not a waiver of it.

20.9 Language. The parties have requested that the Agreement and related documents be drawn up in English.

SCHEDULE A: SOFTWARE SERVICES

(AFM, AED, AEM, AIM, AFC, AFN, mobile apps, integrations)

A1 Plan limits. Your plan’s limits on trucks, users, companies, driver-app seats and SMS messages are stated in the Order Form. Usage above those limits is charged at Avaal’s then-current rates. Avaal may verify your usage.

A2 Onboarding. You will provide data in the format Avaal specifies. Import and configuration are subject to Section 5.7.

A3 eManifest (ACE/ACI). The Software transmits the information you enter to CBSA and/or CBP using your carrier credentials.

Avaal is not a customs broker.
You are responsible for the content and timing of each manifest and for checking each acknowledgment.
You must keep an alternative way of submitting manifests for use during outages.
Avaal is not liable for rejected, late or inaccurate manifests, penalties, or border delays.

A4 ELD integration. Avaal is not your ELD provider unless your Order Form states otherwise, and does not certify devices. ELD data comes from your provider. You remain responsible for hours-of-service compliance and for keeping records.

A5 IFTA, payroll, settlements and accounting.

Results depend on your data and settings.
You are responsible for all filings, remittances, deductions and slips.
Synchronization with QuickBooks is subject to Intuit’s terms. You must check synced entries.

A6 Mobile apps. The apps may request location (including background location when you enable tracking), camera, photo and notification permissions. You must inform your drivers of this and obtain any consents required. Section 10.5 applies.

A7 SMS. Message delivery is not guaranteed. Recipients may opt out by replying STOP, and you must honour opt-outs. Carrier rules and charges apply.

A8 AI features. Section 11 applies.

A9 Network features. Section 7.3 applies. You grant other users a licence to view and use the information you post, for the purpose of the transaction.

A10 Training and support. Onboarding training is included only if your Order Form says so. Additional training is charged at Avaal’s hourly rates.

SCHEDULE B: REGULATORY FILING SERVICES

(operating authorities, permits, registrations, accounts and renewals)

B1 Limited agency. You appoint Avaal as your agent solely to prepare and submit the filings you request, based on the information and instructions you give. You will sign any authorization forms required.

B2 Your information. You are responsible for:

the truth, accuracy and completeness of all information and documents you provide;
your eligibility; and
staying compliant after a filing is approved, including insurance filings, renewals and reporting. The only exception is a renewal service that your Order Form expressly includes.

B3 No guaranteed outcome. The authority decides every application. Avaal does not guarantee approval, timing or outcome. Processing times are estimates only.

B4 Fees. Government and third-party fees are passed through to you and are non-refundable. Avaal’s service fee is earned once work begins and is non-refundable, including if the application is denied or withdrawn.

B5 Not legal advice. Avaal is not a law firm or a customs broker and does not give legal advice.

B6 Delays. Avaal is not liable for missed deadlines caused by:

late or incomplete information from you;
authority systems; or
changes in requirements.

SCHEDULE C: BONDS

C1 Avaal’s role. Avaal acts as a consultant and service provider: it helps you prepare and submit bond applications to independent surety companies. Bonds are issued by those surety companies. A bond is a contract between you (the principal), the surety and the obligee. Avaal is not a surety or insurer, does not issue or underwrite bonds, and is not a party to any bond.

C2 Underwriting. The surety decides approval, premium, collateral and terms. You may have to sign the surety’s indemnity agreement. Avaal does not guarantee that a bond will be issued or on what terms.

C3 Claims. The surety handles all claims against a bond. You remain liable to the surety under its agreement with you.

C4 Fees. Premiums are governed by the surety’s terms. Avaal’s consulting and service fees are non-refundable.

SCHEDULE D: TRAINING COURSES AND CERTIFICATIONS

D1 Enrollment. Seats are limited. Avaal may reschedule sessions or change instructors. If Avaal cancels a session, you may choose a seat in a future session or a refund of the fees paid for the cancelled session.

D2 Your changes. Tell Avaal as early as possible if your plans change. Avaal may, at its discretion and subject to availability, transfer you to a future session. Payments and deposits are non-refundable, except where applicable consumer protection law requires a refund.

D3 Certificates. A certificate of completion confirms only that you completed Avaal’s course. It is not a government licence or accreditation, and does not guarantee employment, qualification or regulatory compliance, unless the course description expressly says otherwise.

D4 Materials. Course materials are licensed for your personal, non-commercial use. You may not record, copy or share them.

D5 Conduct. Avaal may remove a participant who disrupts a session or breaches these Terms, without refund.

D6 Online access. Online course access lasts for the period stated at purchase.

D7 Consumers. If you buy a course as an individual for personal purposes, you have rights under consumer protection law that these Terms do not limit. Avaal will provide the disclosures and the copy of your agreement that the law requires.

SCHEDULE E: WEBSITE USE

E1 This Schedule applies to everyone who visits avaal.com, whether or not they are a customer.

E2 Website content is general information only and may be out of date. It is not an offer, and it is not legal, tax or compliance advice. Prices and descriptions may change without notice.

E3 The website may link to third-party sites. Avaal does not control them and is not responsible for them.

E4 Sections 9 (Intellectual property and acceptable use), 15 (Disclaimer of warranties), 16 (Limitation of liability), 19 (Governing law and disputes) and 20 (General) apply to website use. For a visitor who has not bought any Service, Avaal’s total liability is limited to the amounts, if any, that the visitor has paid Avaal.

E5 Copyright notices. Send notices of claimed copyright infringement to admin@avaal.com. Avaal will follow the notice-and-notice regime under Canada’s Copyright Act and, where applicable, US law.

Contact

AVAAL Technology Solutions Inc. and AVAAL Inc.: addresses and phone numbers are published at avaal.com
Email: admin@avaal.com

Our Softwares

Features