Welcome to Avenir. Please read these TERMS AND CONDITIONS (T&C’s) prior to completing the registration for an account with Avenir. The following T&Cs shall govern the terms under which you may access and use the Avenir Mobile Application (“Avenir App”) and the services associated with it (together “Avenir Service” or “Avenir Services”). By registering to Avenir or using the Avenir App, you accept and agree to be legally bound by the T&Cs. If you do not understand or do not wish to be bound by the T&Cs, you should not access or use any portion of the Avenir Service.
These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.
Avenir reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the Avenir Service after any changes have been made, you confirm that you agree to the modified T&Cs and all the changes. Be sure to review this page periodically to ensure that you are familiar with the current version of the T&Cs.
Under these T&Cs, the terms “Avenir”, “we”, “us”, and “our” refer to Avenir Inc., together with its employees, directors, affiliates, successor and assigns. The term “you” refers to a customer or user of the Avenir App.
1. BASIC TERMS
1.1 By accepting the T&Cs, you represent that you are at least 18 years old to register for an Avenir account. If you are younger than 18, you will not be able to access the Avenir App and use the Avenir Services.
1.2 If you are a business entity, you also represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the Avenir Service are duly authorized to access and use the Avenir Service and to legally bind you to these T&Cs and all transactions conducted under your username and password.
2. REGISTRATION FOR AVENIR
2.1 When you accept these T&Cs, you are setting up your Avenir Account that is associated with your email ID. Depending on the specific Avenir Service that you are availing, you will be asked to provide information such as your email ID, full legal name, date of birth, Social Security Number, your mobile phone number, your residential address and any other details as Avenir may require in order to securely register you as an customer. You will also be required to add your credit card details for the card/ cards linked to your Avenir account. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.
2.2 You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification. The information you provide will be used to determine if you are eligible to begin and/or continue to use the Avenir Service. We reserve the right to close, suspend or limit your access to the Avenir Service in the event that we are unable to obtain or verify our information.
2.3 You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. In addition, as certain Avenir Services may become available or be offered only on a selective basis, supplementary information may be required from your end in order to enable the relevant Avenir Services or avail of the Avenir Service.
Definitions appearing in these T&Cs shall have the meanings ascribed to them below.
“ Applicable Law” shall mean the laws of California and shall include all applicable rules, regulations, administrative law or statute applicable to the Avenir Services provided herein.
“Avenir Account” means any account validly activated by an Avenir customer and used in accordance with these Terms and Conditions.
“Avenir App” shall refer to the Avenir Service application running on mobile devices where the Avenir Customer can avail of the Avenir Services.
“Avenir Customer” shall refer to a person who registers for Avenir Service.
“Avenir Service” shall refer to the services provided by Avenir through the Avenir App and shall include round up investments that will round your credit card transactions to the nearest dollar and invest your money into cryptocurrencies. Customers can also Buy Cryptocurrencies instantly or set recurring investments.".
“Business Days” shall refer to any day, except Saturday, Sunday, or a day on which banks within the United States of America are required or permitted to be closed
“Know Your Customer” or “KYC” shall refer to the process of establishing the identity of the Avenir Customer as required.
“Round Up Amount” shall refer to the amount rounded up to the nearest dollar pursuant to a transaction conducted using the User Linked Card.
“Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
“User Linked Card” shall refer to the credit card that an Avenir Customer uses to register on to the Avenir App.
4. USER’S LINKED CARD
You will register on to Avenir in accordance with the process outlined in the Terms and Conditions herein. You will sign up using a credit card of your choice that will be linked thereafter to your Avenir Account and this card shall be your User Linked Card. Every time that you conduct a transaction with your User Linked Credit Card, your transaction will be rounded up to the nearest dollar (“Round Up Amount”) and deposited into a cryptocurrency and/or a United States Dollar (USD) wallet in the Avenir App (“E wallet”) once per week. You understand and agree that Avenir does not conduct a Round Up of your transactions nor does Avenir deposit the Round Up Amount into the E wallet thereafter. You also understand and accept that Avenir does not have access to, or in any way control, the E wallet into which the Round Up Amount is deposited.
You confirm that the rounding up of the transactions on your Avenir Linked Card and the deposit of that amount is conducted by a third party with whom you have a separate agreement to which Avenir is not a party. You agree that Avenir bears no responsibility and has no liability in relation to this process.
5. YOUR USE OF THE AVENIR APP
You may download the Avenir App from an Apple or Google store. After you have completed your registration with Avenir, in accordance with Section 2 of the T&C’s, Avenir will inform you through an email if your registration has been successful and you can start using the Avenir App through your Avenir Account.
You understand that Avenir will invest the Round Up Amount, subject to a minimum investment amount of ten United States Dollars (“USD”) per week, solely in accordance with your instructions. You will be able to see, on your Avenir Account, the transactions that you have conducted using your Avenir Linked Card. The balance Round Up Amount will be visible to you on your Avenir Account.
You have the right to add to the amounts in your E wallet for purposes of investment through your Avenir Account. You will be required to inform Avenir of the amounts you wish to add for investment purposes.
You will solely decide how much money you want to invest. Avenir will not decide the investment amounts.
You will choose the amount you wish to invest in a specific transaction (“Designated Amount”) and the type of crypto currency that you wish to purchase. You will have the choice to purchase either bitcoin (“BTC”) or Ether (“ETH”) through the Avenir App. Avenir will conduct the purchases in accordance with your instructions relating to the Designated Amount and the type of currency to be purchased.
You will instruct Avenir on the purchases you wish to make solely through the Avenir App.
6. PURCHASE OF BITCOIN
Diligence is expected of the Avenir customer for purchases conducted through the Avenir App. Once you have instructed Avenir in relation to a purchase, the instruction is deemed to be completed and Avenir cannot guarantee that a contrary instruction or any attempt to reverse an instruction can be completed. You acknowledge and accept that instructions issued by you are deemed to be final.
You understand and agree that actual purchase of the cryptocurrency of your choice, BTC or ETH (“Cryptocurrency”), shall be conducted by a third party with whom you have contracted separately. You acknowledge that Avenir does not conduct, and bears no responsibility for the actual purchase of the Cryptocurrency.
Pursuant to the purchase, your Avenir Account shall be updated to reflect the purchases made in accordance with your instructions. Further, Avenir will inform you of every successful transaction by an email sent to the email id provided by you at the time of registration. You will also receive a notification on the Avenir App confirming the transaction.
If you have any concerns relating to the purchase, or if you believe that an instruction was not appropriately carried out, you should contact Avenir within ten (10) business days of the transaction being reflected at the details provided below. Avenir will use commercially reasonable efforts to address your concerns but cannot guarantee a change unless an error occurred solely due to Avenir’s negligence.
Any communication received in this regard, after the stipulated time period will not be processed.
7. AVENIR DASHBOARD
When you sign in to the Avenir App and access your Avenir Account, you will be able to view the details and balances of all your accounts related to the Avenir App and the purchases and transactions made pursuant to the instructions appropriately issued to Avenir. You will also be able to see the performance of the Cryptocurrency purchased by you in terms of the present value of the Cryptocurrency. If you are unable to view the updated details relating to your Avenir Account, you should contact Avenir at the details provided below.
You will, at any time, be able to instruct Avenir to purchase or sell cryptocurrency, provided that your Avenir Account has adequate balances to make the transaction in accordance with your instructions. Avenir will not be able to complete transactions in the event that you have insufficient currency or assets in your account for the specific instruction issued by you. In the event that Avenir is unable to complete your transaction for insufficient funds, you will have the option to deposit more money to your USD wallet in your Avenir Account, by activating an ACH transfer into the wallet.
In the event that Avenir, while attempting to execute an instruction issued by you, receives a communication that there is insufficient credit or an insufficient amount in your linked bank account to complete the instruction, then Avenir will inform you of such communication as soon as commercially practicable. Avenir will not be responsible for a failure to execute a transaction in the event that it receives a communication relating to insufficient balance in your linked bank account.
You will be able to withdraw money from your bank account and deposit USD into your USD wallet from your Avenir Account.
Avenir will not be liable for a failure to carry out an instruction if the balances in your account are not adequate.
Avenir will also not be liable for any failure to carry out instructions improperly or inadequately issued by you, and as required by Avenir.
8. ACTIVATION AND DEACTIVATION OF AVENIR FEATURES
Avenir may introduce other features into the Avenir App and will endeavour to inform you of such additions as soon as commercially practicable. Moreover, Avenir may also deactivate existing features at its sole option.
In the event of any unauthorized or inappropriate use of the Avenir App or your Avenir Account, and on a case to case basis, Avenir may opt to suspend or terminate your privilege to use a particular feature or your account, whenever it deems appropriate and necessary. Avenir shall not be liable for any inconvenience or damage caused to you by such suspension by Avenir.
In such cases, Avenir may charge a fee upon reactivation of the said feature or your account, in accordance with a request received from the Avenir Customer. The approval of the request shall be upon the sole option of Avenir.
An Avenir Customer cannot have more than one Avenir Account registered under his/her name.
9. FEES, RATES AND OTHER CHARGES
Avenir Customers will not be required to pay a joining fee or annual fee for registering onto the Avenir App and for conducting transactions through the Avenir Account.
You agree to pay a fee equivalent to 1% of the total amount of assets under management in your Avenir Account and 2% on withdrawal. If Avenir imposes any further charges or fees, it shall inform you of such charges, in advance through a communication to your registered email ID/ and or your registered mobile number. You are accordingly encouraged to keep your contact details relevant to your Avenir Account updated at all times. Avenir will not be responsible for your failure to receive a communication if your contact details are not appropriately updated.
In the event that you do not use your Avenir Account for one (1) year, Avenir may, at its discretion, close or suspend your Avenir Account after informing you of such suspension or closure.
10. DISPUTES AND ERRONEOUS TRANSACTIONS
Avenir will inform you of every successful transaction that has been completed using your Avenir Account. The details in the emails of every transaction are presumed true and correct unless you notify Avenir in writing of any dispute thereon within ten (10) days from the date of transaction. If no dispute is reported within the said period, all transactions are considered conclusively true and correct.
Disputed transactions shall only be credited back to Avenir Customers' Avenir Wallet once the claim/ dispute has been properly processed, investigated, and proven that an error occurred solely on the part of Avenir.
There shall be no transaction reversals for transactions made through key-word based commands and erroneous transactions made by the Avenir Customer.
11. AVENIR ACCOUNT SECURITY
You shall be responsible for the security of your Avenir Account. All transactions made using the Avenir App and your Avenir Account are conclusively presumed to be made by the Avenir Customer and you shall be held accountable for such transactions absent a security breach to your Avenir Account as a result of an error or a security lapse caused by Avenir.
12. TERMINATION / CANCELLATION OF THE AVENIR ACCOUNT
Should you fail to comply with the Terms and Conditions provided herein, your right to use the Avenir app and your Avenir Account shall be terminated immediately.
Avenir makes no warranty, express or implied, regarding Avenir Service other than to confirm that it will, at all times offer the Avenir Services in accordance with applicable law.
The Avenir Service is offered on an "AS IS", "AS AVAILABLE" basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, Avenir makes no warranty: (1) as to the content, quality or accuracy of data or information provided by Avenir hereunder or received or transmitted using the Avenir Services; (2) as to any service or product obtained using the Avenir Services; (3) that the Avenir Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
You understand that Avenir has no control of, and cannot guarantee, the performance of the Cryptocurrency purchased through the Avenir App. You acknowledge that Avenir is not liable for any decline in value of the Cryptocurrency that you have purchased.
Avenir shall not be liable for any loss, cost, compensation, damage or liability to you or third party arising from, directly or indirectly, or as a result of any or all of the following:
a. refusal of your linked bank account to allow, accept or honor Avenir transactions based on insufficient balance or otherwise,
c. You are unable to perform or complete any transaction due to service or system unavailability;
d. any delay, interruption or termination of the Avenir transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Avenir 's control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
e. Any theft or unauthorized use of the Avenir Account or the Avenir App or any loss, costs, damages or payable to any third party by you, the Avenir Customer;
f. any misrepresentation or fraud by or misconduct of any third party.
14. LIMITATION OF LIABILITY
In the event of any action that the Avenir Customer may file against Avenir, the Avenir Customer agrees that Avenir’s liability shall not exceed USD ten thousand (10,000) or the amount of the damages actually suffered by the Avenir Customer, whichever is lower unless an appropriate judicial authority holds that you suffered damages as a direct result of Avenir’s wilful misconduct or gross negligence.
15. FRAUDULENT TRANSACTIONS
Avenir shall have the right to automatically suspend or block the Avenir Account in the event that Avenir has reason to believe that the Avenir Account is or may be used for fraudulent or suspicious transactions or by an unauthorized person. Avenir may but shall not have the obligation to inform the Avenir Customer prior to suspending or blocking the Avenir Account pursuant to this Section. You acknowledge the authority of Avenir to suspend or block the Avenir Account accordingly, you shall hold Avenir free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may suffer as a result thereof.
Discretion – Without giving any reason or notice, and without prejudice to the other provision hereof, Avenir has the absolute discretion (a) to refuse to approve any Avenir transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the Avenir Customer's right to use the Avenir Account; and / or (c) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Avenir Account or Avenir App, whether specifically relating to you or generally to all or specific Avenir Customers.
16. DATA PRIVACY
16.1 Data Collection
Avenir shall keep all your personal information in strictest confidence. By providing your information for the purpose of availing a Avenir Account, you expressly consent to the processing of your supplied data at the time of registration and creation of your Avenir Account.
Avenir may also request from you to update your Personal Information from time to time. Should you be unable to supply Avenir with the required Personal Information, Avenir may be unable to provide you with requested products and services, updates on latest offerings, and you may be unable to participate in events, promotions or other activities.
You acknowledge that when you use the Avenir App and electronically communicate with us, depending on your Avenir Account settings, Avenir will be able to view the personal information that you have entered while registering your account and also, the details of the transactions that you have conducted while using the Avenir App. Avenir does not process or share this information in any way.
16.2 Use of Your Personal Information
Avenir uses and stores Personal Information only to the extent necessary to comply with the requirements of the law and legal processes, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order. Avenir uses Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports.
17. VENUE OF LITIGATION
Your usage of the Avenir App and Avenir Account shall be governed by these Terms and Conditions and all applicable laws of the State of California. In the event of a dispute, you agree to submit to the jurisdiction of the appropriate courts in California or at any location at the exclusive option of Avenir.
18. NON-WAIVER OF RIGHTS
Failure, omission, or delay on the part of Avenir to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver.
19. SEPARABILITY CLAUSE
Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
You agree to be bound by the Terms and Conditions governing the issuance and use of the Avenir App and your Avenir Account upon signing on to and using your Avenir Account. Should you disagree with the Avenir Terms and Conditions, you are required to inform Avenir of the same and, accordingly, Avenir will have the right to suspend or close your Avenir Account pending a resolution of any disagreement.
21. CUSTOMER COMPLAINTS HANDLING PROCESS
We are committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, you may contact Avenir by emailing us at firstname.lastname@example.org. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.