TERMS OF USE OF AVILOO INC.

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between AVILOO Inc., a Colorado corporation ("AVILOO," "Company," "we," "us," or "our"), and you ("Customer," "you," or "your") governing your access to and use of our website and services. By accessing our website at www.aviloo.com, placing an order, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the site.

AVILOO reserves the right to modify these Terms at any time in its sole discretion. We will post updated Terms on the Site and update the "Last Updated" date above. Your continued use of the Site after any modifications constitutes acceptance of the updated Terms.

By using the AVILOO Service, you authorize the collection of information about you, your use of the AVILOO Service, the device from which you access the Website, and the use, transmission, processing, and storing of information as described in AVILOO’s Privacy Policy located at www.aviloo.com/en-us/privacy

2. COMPANY INFORMATION

AVILOO Inc.
4949 S Syracuse St, Ste 550 Denver, CO 80237
Colorado Corporation

Phone: +1 720 738 6023

Email: help.usa@aviloo.com

Website: www.aviloo.com

3. SERVICES DESCRIPTION

AVILOO specializes in lithium battery diagnostics for electric vehicles using proprietary testing technology. Through the Site, we provide:

3.1. Information Services

  • Battery health information and educational content
  • Industry insights and research publications
  • Product documentation and user guides

3.2. E-Commerce Platform

  • Online ordering of battery diagnostic services
  • Online ordering of marketing materials
  • Equipment rental and shipping coordination

3.3. Community Features

  • Technical support resources
  • Newsletter and communication services

4. ORDERING AND CONTRACT FORMATION

4.1. Order Process

Product listings on our website constitute invitations to offer, not binding offers for sale. Your order submission constitutes an offer to purchase, which AVILOO may accept or decline in its sole discretion.

4.2. Order Confirmation

Contracts are formed upon AVILOO's email confirmation of your order. We reserve the right to refuse orders for technical limitations, suspected fraud, or other legitimate business reasons.

4.3. Cancellation Rights

AVILOO reserves the right to cancel orders due to unforeseen technical compatibility issues. In such cases, full refunds will be processed within fourteen (14) days of equipment return.

5. PRICING AND PAYMENT

5.1. Pricing

All prices are listed in U.S. Dollars excluding applicable taxes and fees. Prices are subject to change without notice but will not affect confirmed orders.

5.2. Payment Methods

We accept major credit cards and bank transfers. Business customers may be offered net payment terms under separate agreements.

5.3. Sales Tax

Colorado state sales tax and applicable local taxes will be calculated based on your delivery address and added to your order total where required by law. Tax-exempt organizations must provide valid exemption certificates.

6. DELIVERY AND PERFORMANCE

6.1. Shipping

Shipping costs will be calculated during the order process and depend on the shipping location. Orders are typically shipped within five (5) business days of payment confirmation.

6.2. Performance Timeline

Performance of services and performance timelines are subject to separate commercial agreements.

6.3. Service Delays

If delivery is delayed beyond seven (7) business days through our fault, you may cancel your order for full refund or claim reasonable damages.

7. INTELLECTUAL PROPERTY

7.1. Proprietary Rights

All content on the Site, including text, graphics, logos, images, software, data compilations, and the overall "look and feel" (collectively, "Content"), is owned by AVILOO or its licensors and is protected by: - Copyright laws - Trademark laws - Patent rights - Trade secret protections - Other intellectual property laws

7.2. Limited License

Subject to these Terms, AVILOO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for your personal, non-commercial use. This license does not permit you to:

  • Modify, copy, distribute, or create derivative works
  • Remove proprietary notices or labels
  • Use Content for commercial purposes
  • Frame or mirror any portion of the Site

8. PRIVACY AND DATA PROTECTION

8.1. Privacy Policy Integration

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at www.aviloo.com/en-us/privacy, which is incorporated into these Terms by reference.

8.2. Data Collection

Notice By using the Site, you acknowledge that we may collect the data as set out in the Privacy Policy.

8.3. Cookies and Tracking

We use cookies and similar technologies to enhance your experience. You can control cookie settings through your browser, though some Site functionality may be affected.

9. THIRD-PARTY LINKS AND SERVICES

9.1. External Links

The Site may contain links to third-party websites or services. These links are provided for convenience only. AVILOO:

  • Does not endorse or control third-party sites
  • Is not responsible for their content, privacy practices, or terms
  • Disclaims liability for any interactions with third parties

9.2. Third-Party Services

We may integrate third-party services (payment processors, shipping providers, analytics tools). Your use of these services is subject to their respective terms and privacy policies.

10. DISCLAIMERS AND WARRANTIES

10.1. Site Availability

AVILOO strives to maintain Site availability but does not guarantee uninterrupted access. We reserve the right to: - Modify, suspend, or discontinue the Site at any time - Perform maintenance that may temporarily affect availability - Update features, content, or functionality without notice

10.2. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AVILOO SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. AVILOO DOES NOT MAKE ANY AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE AVILOO SERVICE AND PRODUCTS ULTIMATELY PURCHASED AS A RESULT OF YOUR USE OF THE AVILOO SERVICE, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, AVILOO HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, SAFETY, LEGALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE AVILOO SERVICE OR THAT THE AVILOO SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, OR ERROR FREE, SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY. IF YOU ARE DISSATISFIED WITH THE AVILOO SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE AVILOO SERVICE.

10.3. Information Accuracy

While we strive for accuracy, we do not warrant that Site information is current, complete, or error-free. Product specifications, pricing, and availability are subject to change without notice.

11. LIMITATION OF LIABILITIES

11.1. Liability limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVILOO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING: ANY DAMAGES TO OR FOR LOSS OR CORRUPTION OF DATA OR PRIVACY , CONFIDENTIAL INFORMATION OR OTHER INFORMATION; REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS), OR FOR INJURY OR DEATH; BUSINESS INTERRUPTION; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, OR NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING FROM OR RELATING TO THESE TERMS OR THE AVILOO SERVICE, EVEN IF AVILOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2. Liability Cap

IF AVILOO IS FOUND LIABLE DESPITE THE ABOVE LIMITATIONS, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) $100, OR (B) THE AMOUNT YOU PAID TO AVILOO IN THE 12 MONTHS PRECEDING THE CLAIM.

11.3. State Law Variations

Some jurisdictions do not allow limitations on certain warranties or damages. In such cases, the above limitations may not fully apply, but they shall be enforced to the maximum extent permitted by applicable law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AVILOO and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: (a) your breach of these Terms; (b) your misuse of our site or services; (c) your violation of applicable laws; or (d) third-party claims related to your use of our site or services.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

13.1. Copyright Infringement Policy

AVILOO respects intellectual property rights and expects users to do the same. We will respond to valid notices of copyright infringement in accordance with the DMCA.

13.2. DMCA Notice Requirements

If you believe content on our Site infringes your copyright, please provide us with:

  • A physical or electronic signature of the copyright owner
  • Identification of the copyrighted work claimed to be infringed
  • Location of the infringing material on our Site
  • Your contact information (address, phone, email)
  • A statement of good faith belief that use is not authorized
  • A statement of accuracy made under penalty of perjury

14. TERMINATION

14.1. Termination by You

You may stop using the Site at any time.

14.2. Termination by AVILOO

We may suspend or terminate your access to the Site at any time, with or without cause or notice, if:

  • You violate these Terms
  • We suspect fraudulent or harmful activity
  • Legal requirements compel termination
  • We discontinue the Site or specific features

14.3. Effect of Termination

Upon termination:

  • Your right to access the Site immediately ceases
  • Surviving provisions remain in effect (including liability limitations, indemnification, and dispute resolution)

15. DISPUTE RESOLUTION

15.1. Governing Law

These Terms are governed by Colorado state law without regard to conflict of law principles. The Colorado Consumer Protection Act and other applicable Colorado consumer protection laws shall apply to consumer transactions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2. Exclusive Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of state and federal courts located in Denver, Colorado.

15.3. Class Action Waiver

YOU AND AVILOO AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED PROCEEDINGS, OR REPRESENTATIVE ACTIONS.

15.4. Limitation Period

Any claim relating to these Terms or the Site must be filed within one (1) year after the cause of action arises, or it will be permanently barred.

15.5. Informal Resolution

Before filing any legal proceeding, you agree to first contact us at help.usa@aviloo.com to attempt to resolve the dispute informally.

16. FORCE MAJEURE

AVILOO shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government regulations, pandemic, or infrastructure failures.

17. GENERAL PROVISIONS

17.1. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Business Service Agreements, constitute the entire agreement between the parties.

17.2. Amendments

We may update these Terms at any time by posting revised terms on our website. Continued use of our services constitutes acceptance of updated terms.

17.3. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.4. Assignment

You may not assign these Terms without our prior written consent. AVILOO may assign these Terms in connection with any merger, acquisition, or sale of assets.

17.5. Waiver

Our failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

17.6. Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall control in case of conflict.

17.7. Survival

Provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution shall survive termination of these Terms.

18. CONTACT INFORMATION

For questions about these Terms or our services, please contact:

AVILOO Inc.
4949 S Syracuse St, Ste 550 Denver, CO 80237

Phone: +1 720 738 6023

Email: help.usa@aviloo.com

Website: www.aviloo.com

These Terms of Service were last updated on 25 September 2025. We encourage you to review these Terms periodically for any changes.

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