Terms of Service

1. Acceptance of Terms

Welcome to Avanza Energy, a DBA of Agilito, LLC ("we," "us," "our," or "Avanza Energy"). By accessing or using our website at avanza.energy (the "Site") and our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Services

Avanza Energy provides strategic analytics and intelligence for the energy industry, including:

• Free and paid newsletter content delivered via Substack
• Strategic analysis reports and articles
• Market research and data-driven insights
• Educational resources and commentary

Our content is delivered through our website (avanza.energy) and Substack (avanzaenergy.substack.com), a third-party platform.

3. Eligibility

You must be at least 18 years old to use our services. By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Account Registration and Subscriptions

4.1 Substack Account

To access paid content or subscribe to our newsletter, you will need to create an account with Substack. Your use of Substack is governed by Substack's Terms of Service (https://substack.com/tos) and Privacy Policy (https://substack.com/privacy).

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

4.3 Account Termination

We reserve the right to suspend or terminate your access to the Site or services at any time, with or without notice, for any reason, including violation of these Terms.

5. Subscriptions and Payments

5.1 Free Content

We offer free content, including select articles and a free newsletter tier. Access to free content does not require payment but may require email registration.

5.2 Paid Subscriptions

Paid subscriptions provide access to premium content, including:

• Full-length strategic analysis reports (3,500-5,000 words)
• Complete article archives
• Priority access to new research
• Detailed financial models and data analysis

5.3 Pricing and Payment

• Subscription pricing is displayed on our Substack page
• Payments are processed through Substack's payment system
• Prices are subject to change with notice to subscribers
• All payments are in U.S. Dollars (USD) unless otherwise specified

5.4 Billing and Renewals

• Paid subscriptions automatically renew at the end of each billing period
• You will be charged the then-current subscription rate
• You can cancel your subscription at any time through your Substack account settings
• Cancellation takes effect at the end of the current billing period

5.5 Refund Policy

Refunds are generally not provided after content has been accessed. However, we may offer refunds on a case-by-case basis at our sole discretion. To request a refund, contact us at legal@agilito.com within 7 days of your purchase.

Factors we consider for refunds:

• Technical issues preventing access to content
• Accidental duplicate charges
• Content quality issues (substantiated)

Refunds are processed through Substack and may take 5-10 business days.

6. Intellectual Property Rights

6.1 Ownership

All content on the Site, including but not limited to text, articles, reports, graphics, logos, images, data compilations, and software, is the property of Agilito, LLC (Avanza Energy) or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and view content for personal, non-commercial use
• Download and print content for personal, non-commercial use (paid subscribers)

This license does not permit you to:

• Modify, reproduce, distribute, or create derivative works from our content
• Use content for commercial purposes without explicit written permission
• Remove copyright or proprietary notices from content
• Use automated systems (bots, scrapers) to access or download content

6.3 Trademarks

"Avanza Energy," our logo, and other marks used on the Site are trademarks of Agilito, LLC. You may not use these trademarks without our prior written consent.

7. Content Usage and Restrictions

7.1 Permitted Use

You may use our content for:

• Personal education and professional development
• Internal business analysis and decision-making
• Citing and referencing with proper attribution

7.2 Prohibited Use

You may NOT:

• Republish, redistribute, or sell our content to third parties
• Share paid subscriber content with non-subscribers
• Use content in commercial products or services without a license
• Copy or reproduce substantial portions of our research
• Remove or obscure attribution or copyright notices
• Create derivative works based on our content without permission
• Use automated systems to scrape, download, or aggregate our content

7.3 Citation and Attribution

When citing our content, you must:

• Provide clear attribution to Avanza Energy or the specific author
• Include a link to the original article (if published)
• Not misrepresent or alter the meaning of our analysis
• Comply with fair use principles under copyright law

Example Citation:
"According to Avanza Energy analysis, [insight]. Source: [Article Title], Avanza Energy, [Date]. [URL]"

8. Third-Party Content and Links

The Site may contain links to third-party websites, services, or content, including Substack. We are not responsible for:

• The availability, accuracy, or content of third-party sites
• The privacy practices or terms of service of third parties
• Any damage or loss caused by your use of third-party sites

Your use of third-party services is at your own risk and subject to their terms and policies.

9. Disclaimers and Limitations of Liability

9.1 Content Disclaimer

THE CONTENT PROVIDED ON THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE:

• Investment, financial, or professional advice
• Recommendations to buy, sell, or hold any securities or investments
• Legal, tax, or accounting advice

You should consult with qualified professionals before making business, investment, or strategic decisions based on our content.

9.2 No Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Site will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, completeness, or timeliness of content

We make every effort to ensure accuracy, but we do not guarantee that our content is error-free or complete.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGILITO, LLC (AVANZA ENERGY), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Site or services
• Errors, omissions, or inaccuracies in content
• Unauthorized access to or alteration of your data

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Agilito, LLC (Avanza Energy), its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Site or services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations

11. Data Accuracy and Research Methodology

11.1 Best Efforts

We make reasonable efforts to ensure the accuracy and reliability of our content by:

• Citing authoritative sources (government agencies, academic research, industry reports)
• Using rigorous quantitative analysis and data validation
• Providing 25-50 citations per deep-dive report

11.2 No Guarantee of Accuracy

However, we do not guarantee:

• The accuracy, completeness, or timeliness of all information
• That our analysis will lead to specific outcomes or results
• That third-party sources cited are error-free

11.3 Independent Verification

You are responsible for independently verifying any information before relying on it for business or investment decisions.

12. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of Avanza Energy or third parties
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Site or our systems
• Interfere with or disrupt the Site or servers
• Impersonate any person or entity
• Harass, threaten, or harm others
• Use the Site for any unlawful or fraudulent purpose

13. Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

14. Digital Millennium Copyright Act (DMCA)

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

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Site
• Your contact information (address, telephone, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner

Send DMCA notices to:
Email: legal@agilito.com

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

15.2 Jurisdiction and Venue

Any disputes arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in San Francisco, CA. You consent to the exclusive jurisdiction and venue of these courts.

15.3 Informal Resolution

Before filing a formal claim, you agree to first contact us at legal@agilito.com to attempt to resolve the dispute informally.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avanza Energy regarding your use of the Site and services, and supersede any prior agreements.

18. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

20. Contact Information

If you have questions about these Terms, please contact us at:

Avanza Energy (Agilito, LLC)
Email: legal@agilito.com
Website: https://avanza.energy

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: January 1, 2025