Website Terms of Use

Effective Date: 7^th April 2019

Last Updated: 18^th October 2025

1. Introduction

These Website Terms of Use (“Terms”) govern your access to and use of all websites operated by Avernixx Pte. Ltd. (“Avernixx,” “we,” “us,” or “our”), including but not limited to www.avernixx.com and www.whalecrunch.com, and any associated subdomains (collectively, the “Websites”).

By accessing or using our Websites, you agree to comply with these Terms and all applicable laws and regulations. If you do not agree, please discontinue use immediately.

2. Purpose of the Websites

The Websites are provided for informational, educational, and promotional purposes relating to Avernixx’s products, services, and brand initiatives — including but not limited to the WhaleCrunch AI Marketplace and other technology or business solutions.

The Websites are not intended to form any binding offer, representation, or contractual relationship unless otherwise explicitly stated in a written agreement between you and Avernixx.

3. Intellectual Property Rights

All materials, including but not limited to logos, trademarks, text, images, graphics, videos, software, and design elements appearing on the Websites, are the intellectual property of Avernixx Pte. Ltd. or its licensors.

All rights are reserved under applicable copyright, trademark, and intellectual property laws worldwide. You may not copy, reproduce, modify, distribute, or publicly display any materials without prior written consent from Avernixx.

4. Permitted Use

You may use the Websites only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Websites for fraudulent, misleading, or unlawful activities;
• Interfere with or disrupt the security or functionality of the Websites;
• Attempt to gain unauthorized access to any systems or data;
• Reverse-engineer, decompile, or modify any software contained within the Websites; or
• Use automated tools, bots, or scraping scripts to extract data without permission.

Avernixx reserves the right to suspend or terminate your access for any violation of these Terms.

5. External Links and Third-Party Content

The Websites may include links to external sites or content operated by third parties. These links are provided solely for convenience and do not signify endorsement, sponsorship, or affiliation.

Avernixx has no control over, and assumes no responsibility for, any third-party websites, their content, privacy practices, or products. Your interactions with third-party sites are solely at your own risk.

6. Disclaimer of Warranties

The Websites and all content are provided “as is” and “as available”, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Avernixx makes no warranty as to the accuracy, completeness, or reliability of any content available through the Websites. You are responsible for verifying any information before relying on it. Use of the Websites and the content available on the Websites is at your sole risk.

Avernixx makes no representations or warranties that use of the Websites will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Websites is free of viruses or other harmful code.

7. Limitation of Liability

To the fullest extent permitted by law, Avernixx, its directors, officers, employees, affiliates, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of the Websites.

This includes, but is not limited to, loss of profits, data, goodwill, or business interruption, even if Avernixx has been advised of the possibility of such damages.

8. Global Compliance and Data Protection

We are committed to adhering to applicable data protection and privacy laws, including but not limited to:

• The Singapore Personal Data Protection Act (PDPA);
• The European Union General Data Protection Regulation (GDPR);
• The UK Data Protection Act 2018, including the UK GDPR;
• The Australian Privacy Act 1988, including the Privacy and Other Legislation Amendment Act 2024 (Cth); and
• Relevant U.S. state privacy laws (e.g., CCPA, CPRA, etc.).

By using our Websites, you agree to comply with your local data and privacy regulations. Our [Privacy Policy] explains how we collect, use, and safeguard personal information globally.

9. Data Processing

Avernixx acts as a Data Controller when it processes personal data related to or received from our clients, and takes responsibility for managing that data in compliance with applicable data privacy regulations.

However, when you use WhaleCrunch.com as a marketplace, personal information may be shared with freelancers or other users who act independently. Avernixx cannot be held responsible for any misuse of personal data by such users or their affiliates, nor bear vicarious liability. Consequently, the obligation to enter into a personal data processing agreement does not apply to Avernixx, and no such agreements shall be signed by us.

10. Indemnification

You agree to indemnify, defend, and hold harmless Avernixx, its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Websites;
• Your violation of these Terms; or
• Your infringement of any intellectual property or other rights of third parties.

11. Exclusion of Third-Party Claims

These Terms are for the benefit of Avernixx and you only. No third party shall have any right to enforce or claim benefits under these Terms. Avernixx shall not be responsible for any dispute, claim, or loss arising between you and third-party websites, service providers, or partners linked through the Websites.

12. Force Majeure (Natural Disasters, Wars, Pandemics)

Avernixx shall not be liable for any failure, delay, or disruption in performance or Website availability resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, civil unrest, terrorism, pandemics, public health emergencies, labor strikes, governmental restrictions, or failures in telecommunications and hosting services.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed under the laws of Singapore, without regard to conflict-of-law rules.

In the event of any dispute arising from or relating to these Terms or your use of the Websites, both parties agree to first seek resolution through good-faith mediation in Singapore. If Avernixx’s headquarters relocate to another jurisdiction, mediation shall take place in that new jurisdiction at Avernixx’s discretion.

14. Notice and Procedures for Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide the following information to the Avernixx Copyright Infringement Assistance Department:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   
   b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
   
   c. A description of where the material that you claim is infringing is located on the Website (providing URL(s) is the best way to help us locate content quickly);
   
   d. Your name, address, telephone number, and e-mail address;
   
   e. A signed statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   
   f. A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.

Avernixx may, in its sole discretion, disable and/or terminate use of the Websites by users who infringe the intellectual property rights of others.

15. Sanctions and Export Compliance

1. Prohibited Users and Jurisdictions
   You may not access, use, or export the Websites, services, or any content if you are:

• Located in, a resident of, or otherwise subject to sanctions under any applicable laws or regulations, including but not limited to sanctions imposed by Singapore, the United States (OFAC), the European Union, the United Kingdom, or the United Nations;
• Representing or acting on behalf of any individual, entity, organization (including non-profits), or country subject to such sanctions;
• Engaging in activities that would cause Avernixx to be in violation of applicable export control, trade, or economic sanctions laws.
  
  

2. User Responsibility
   You represent and warrant that you are not a prohibited user under this clause, and that your use of the Websites or services will comply with all applicable sanctions and export control laws.
   
   
3. Avernixx Rights
   Avernixx reserves the right, at its sole discretion, to:

• Block, suspend, or terminate access to the Websites or services for users, entities, or regions in violation of applicable sanctions or export control laws;
• Refuse transactions or withhold services to comply with any applicable legal obligations.
  
  

4. No Liability for Sanctioned Access
   You acknowledge and agree that Avernixx shall not be liable for any direct or indirect losses arising from your violation of sanctions or export control laws, including any access blocks or service suspensions.
   
   
5. Governing Law and Compliance
   Compliance with this clause is in addition to and does not limit your obligations under other clauses of these Terms of Use, including governing law, dispute resolution, and indemnification provisions.

16. Miscellaneous

1. If any provision of these Terms is held to be illegal, invalid, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
   
   b. Headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section.
   
   c. Avernixx’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Avernixx’s right to act with respect to subsequent or similar failures.
   d. These Terms set forth the entire understanding and agreement between you and Avernixx with respect to the subject matter hereof.
   
   e. Any cause of action or claim you may have with respect to these Terms or the Websites must be commenced within six (6) months after the claim or cause of action arises or such claim shall be barred.
   
   f. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Avernixx; any assignment or transfer in violation of this provision shall be null and void.
   
   g. Avernixx reserves the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on the Websites, including without limitation the right to block access from a particular internet address.

17. Privacy Policy

By agreeing to these Terms, you acknowledge that Avernixx may collect, use, and disclose your information as described in our Privacy Policy, also available on the Websites.

18. Contact Information

If you have any questions, concerns, or suggestions regarding these Terms or require Copyright Infringement assistance, please contact:

Avernixx Pte. Ltd. (Singapore)
60 Paya Lebar Road
#06-28 Paya Lebar Square
Singapore 409051
Website: www.avernixx.com
Email: legal@avernixx.com