Terms of use

Welcome to Avocado!

AvocadoAI LLC (“Avocado,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our proprietary AI companion and self-reflection mobile app, which is accessible through tablets, smartphones, and other devices (the “App”).

By clicking “I AGREE,” creating an account, downloading the App, accessing the App, or otherwise manifesting assent to this Agreement, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).

If you do not agree to this Agreement, please do not access or use the App.

We may change these Terms of Use from time to time. If we make changes, we may provide notice through the App, by email, or by posting the updated Terms of Use. By continuing to access or use the App after an updated version is posted or otherwise made available, you agree to be bound by the updated Agreement. If the updated Agreement is not acceptable to you, your only recourse is to stop using the App.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

GENERAL INFORMATION DISCLAIMER

Avocado is an AI companion designed for self-reflection, journaling, personal goals, daily routines, check-ins, and general personal organization.

Avocado does not provide professional services, professional advice, clinical services, counseling, crisis support, emergency services, legal advice, financial advice, or any other regulated professional service.

The App and the Content are provided for general informational, self-reflection, and self-improvement purposes only. They are not a substitute for advice or services from qualified professionals.

Responses, prompts, summaries, suggestions, and other outputs generated by the App may be automated and may not be accurate, complete, current, or suitable for your specific circumstances. You are responsible for reviewing and deciding how to use any information provided through the App.

You acknowledge and agree that by accessing or using the App, you are not entering into any professional-client, provider-client, or advisory relationship with Avocado.

If you are facing an urgent safety situation or believe immediate assistance is needed, stop using the App and contact local emergency services or a qualified professional immediately.

Reliance on the App and the Avocado Content is solely at your own risk.

DESCRIPTION AND USE OF THE APP

The App allows you to reflect on daily experiences, journal, track personal goals, create routines, review personal patterns, use check-ins, and receive summary reports.

The App may help you organize thoughts, create simple routines, and review personal progress over time.

To use the App, you may need to download it from the Apple App Store, Google Play Store, or another app store through which the App is made available, using your app store credentials.

Avocado is under no obligation to accept any individual as a user of the App and may accept, reject, suspend, or terminate access to any user in its sole and complete discretion, subject to applicable law.

AI-GENERATED CONTENT

The App uses artificial intelligence and automated systems to generate responses, prompts, summaries, suggestions, and other content.

AI-generated content may be inaccurate, incomplete, outdated, repetitive, or not suitable for your situation. You should not rely on AI-generated content as your sole source of information for important decisions.

You are solely responsible for evaluating any AI-generated content and for any actions you take based on your use of the App.

Avocado does not guarantee that the App will identify, prevent, or respond appropriately to any specific issue, risk, situation, or concern.

LICENSE TO USE THE APP

Avocado hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, access, and use the App on a device that you own or control solely for your own personal, non-commercial use and in accordance with this Agreement.

With respect to any App accessed through or downloaded from the Apple App Store or Google Play Store, you will use the App only as permitted by the applicable app store terms, rules, and usage requirements.

We reserve all rights in and to the App not expressly granted to you under this Agreement.

FEES

The App may include free features, paid features, subscriptions, trial offers, in-app purchases, or other paid services.

Any applicable fees, billing periods, renewal terms, and cancellation options will be disclosed to you before purchase through the relevant app store or payment provider.

We reserve the right to introduce new fees, modify existing fees, or change the availability of free or paid features at any time, subject to applicable law and applicable app store rules.

You are responsible for managing subscriptions, renewals, cancellations, refunds, and payment settings through the applicable app store or payment provider, unless otherwise stated.

COMMUNITY GUIDELINES

Avocado’s community functions best when users follow a few simple rules. By accessing or using the App, you agree to comply with these community guidelines and agree that:

You will comply with all applicable laws in your use of the App and will not use the App for any unlawful purpose.

You will not upload, post, email, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, privacy right, or other proprietary right of any person or entity;

is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another person’s privacy, promotes violence, or contains hate speech;

discloses sensitive information about another person, including that person’s email address, postal address, phone number, payment information, government identification, or similar information;

encourages unlawful activity, exploitation, abuse, harassment, or harm toward another person.

You will not stalk, threaten, intimidate, abuse, or harass another person.

You will not use the App to collect market research for a competing business.

You will not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

You will not interfere with or attempt to interrupt the proper operation of the App through any virus, malware, device, software, routine, exploit, or other harmful method.

You will not access or attempt to access any data, files, accounts, systems, passwords, or infrastructure related to the App through hacking, password mining, scraping, credential stuffing, or any other unauthorized means.

You will not cover, obscure, block, disable, or interfere with any notices, advertisements, consent flows, reporting tools, or safety features on the App.

You will not use any robot, spider, scraper, crawler, automated script, or other automated means to access the App for any purpose without our express written permission, except that we grant operators of public search engines permission to use spiders to copy publicly available materials from the App solely to the extent necessary for creating publicly available searchable indices, but not caches or archives.

You will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technical infrastructure.

You will let us know about inappropriate content or conduct of which you become aware.

We reserve the right, in our sole and absolute discretion, to deny access to the App, suspend or terminate accounts, or remove content that does not comply with this Agreement.

RESTRICTIONS

The App is only available for individuals aged 13 years or older.

If you are not old enough to have authority to agree to these Terms in your country or territory, your parent or guardian must agree to these Terms on your behalf. Please ask your parent or guardian to read these Terms with you.

You may not use the App if you are prohibited from using it under applicable law.

USE OF PERSONAL INFORMATION

Your use of the App may involve the transmission of certain personal information to us.

Our practices regarding the collection, use, storage, disclosure, and protection of personal information are described in our Privacy Policy, which is incorporated into this Agreement by reference.

Please review our Privacy Policy carefully before using the App.

INTELLECTUAL PROPERTY

The App contains software, text, graphics, images, sound recordings, audiovisual works, prompts, summaries, interface elements, tutorials, and other material provided by or on behalf of Avocado, collectively referred to as the “Content.”

The Content may be owned by us or by third parties. The Content is protected under United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You have no rights in or to the Content except as expressly permitted under this Agreement. No other use is permitted without our prior written consent.

You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivative works from, distribute, or otherwise use the Content for any public or commercial purpose without our prior written consent.

The use or posting of the Content on any other website, app, service, or networked computer environment is expressly prohibited.

If you violate any part of this Agreement, your permission to access or use the Content automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Avocado used and displayed on the App are registered and unregistered trademarks or service marks of Avocado. Other company, product, and service names located on the App may be trademarks or service marks owned by others.

Nothing on the App should be construed as granting any license or right to use any trademark without our prior written permission.

All goodwill generated from the use of Avocado trademarks inures to our benefit.

USER CONTENT

You may be able to submit, enter, upload, or otherwise provide text, notes, journal entries, prompts, messages, preferences, responses, or other content through the App, collectively, “User Content.”

You retain any rights you may have in your User Content.

By submitting User Content through the App, you grant Avocado a non-exclusive, worldwide, royalty-free license to host, process, transmit, reproduce, display, and use your User Content solely as necessary to operate, provide, maintain, protect, improve, and develop the App, subject to our Privacy Policy.

You represent and warrant that you have all rights necessary to submit your User Content and that your User Content does not violate this Agreement, applicable law, or the rights of any third party.

You are solely responsible for your User Content.

COMMUNICATIONS WITH US

Although we encourage you to contact us, you should not send us confidential information or highly sensitive personal information by email.

With respect to emails and communications you send to us, including feedback, questions, comments, suggestions, and similar communications, we may use any ideas, concepts, know-how, or techniques contained in your communications for lawful purposes, including the development, production, improvement, and marketing of products and services, without compensation or attribution to you.

ACCESSING AND DOWNLOADING THE APP FROM APPLE

The following terms apply to any App downloaded from or accessed through the Apple App Store. These terms are in addition to all other terms contained in this Agreement.

You acknowledge and agree that this Agreement is concluded between you and Avocado only, and not Apple, and that Avocado, not Apple, is solely responsible for the App and its content.

Your use of the App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App, if applicable, in accordance with Apple’s policies and applicable law. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

As between Avocado and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Avocado, subject to this Agreement.

You acknowledge that, as between Avocado and Apple, Apple is not responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including product liability claims, legal or regulatory claims, and claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Avocado, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by this Agreement.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App and that Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

You must comply with all applicable third-party terms when using the App.

ACCESSING AND DOWNLOADING THE APP FROM GOOGLE PLAY

The following terms apply to any App downloaded from or accessed through Google Play Store. These terms are in addition to all other terms contained in this Agreement.

You acknowledge and agree that this Agreement is concluded between you and Avocado only, and not Google, and that Avocado, not Google, is solely responsible for the App and its content.

Your use of the App must comply with the Google Play Store Terms of Service.

You acknowledge that Google has no obligation to furnish any maintenance or support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google may refund the purchase price for the App, if applicable, in accordance with Google’s policies and applicable law. To the maximum extent permitted by applicable law, Google will have no other warranty obligation with respect to the App.

As between Avocado and Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Avocado, subject to this Agreement.

You acknowledge that, as between Avocado and Google, Google is not responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including product liability claims, legal or regulatory claims, and claims arising under consumer protection, privacy, or similar legislation.

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Avocado, not Google, will be solely responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by this Agreement.

You acknowledge and agree that Google and Google’s subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App and that Google will have the right to enforce this Agreement against you as a third-party beneficiary.

You must comply with all applicable third-party terms when using the App.

NO WARRANTIES; LIMITATION OF LIABILITY

THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOCADO, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, COLLECTIVELY, THE “AVOCADO PARTIES,” DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY, ERROR-FREE OPERATION, AND UNINTERRUPTED OPERATION.

THE AVOCADO PARTIES DO NOT WARRANT THAT THE APP OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR YOUR NEEDS.

THE AVOCADO PARTIES DO NOT ENDORSE ANY CONTENT, OPINION, RECOMMENDATION, SUGGESTION, OR ADVICE EXPRESSED THROUGH THE APP.

YOU ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AVOCADO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER SIMILAR DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE APP OR CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO AVOCADO FOR USE OF THE APP DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations of liability or exclusions of warranties. In those jurisdictions, the above limitations apply only to the maximum extent permitted by law.

The App may contain technical inaccuracies, typographical errors, or omissions. We reserve the right to make changes, corrections, and improvements to the App at any time without notice.

EXTERNAL SITES

The App may contain links to third-party websites, app stores, payment providers, or services, collectively, “External Sites.”

These links are provided solely as a convenience to you and not as an endorsement by Avocado of the content, products, services, or practices of any External Sites.

The content of External Sites is developed and provided by third parties. We are not responsible for the content, accuracy, policies, or practices of any External Sites.

If you decide to access External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Avocado Parties from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, incurred by any Avocado Party in connection with any third-party claim, action, or proceeding arising from:

your breach of this Agreement;

your misuse of the App or Content;

your User Content;

your violation of any applicable law;

your violation of any third-party right, including any copyright, trademark, property, publicity, or privacy right.

Your indemnification obligations are subject to our promptly notifying you of the claim, providing reasonable cooperation in the defense of the claim, and allowing you to control the defense and settlement, provided that you may not settle any claim in a way that imposes obligations on Avocado without our prior written consent.

COMPLIANCE WITH APPLICABLE LAWS

The App is based in the United States. We make no claims concerning whether the App or Content may be downloaded, viewed, accessed, or used outside of the United States.

If you access the App or Content from outside of the United States, you do so at your own risk and are responsible for complying with the laws of your jurisdiction.

Nothing in this Agreement limits any rights that cannot be waived under applicable consumer protection laws.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the App at any time and for any reason, without prior notice or liability, subject to applicable law.

We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.

Upon termination, your right to access and use the App will immediately cease.

BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the App, or any other products or services provided by us, each a “Dispute,” such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act.

NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT THAT EITHER PARTY MAY BRING ITS CLAIM IN A LOCAL SMALL CLAIMS COURT IF PERMITTED BY THAT COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION.

ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED.

All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under applicable law.

The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.

All applicable JAMS rules and procedures are available at:

http://www.jamsadr.com

Each party will be responsible for paying JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.

Judgment on the arbitrator’s award may be entered in any court having jurisdiction.

This clause shall not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The arbitration may be conducted in person, through the submission of documents, by phone, or online.

If conducted in person, the arbitration shall take place in the United States county where you reside, unless otherwise required by applicable law.

The parties may litigate in court to compel arbitration, stay a proceeding pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Nothing in this Agreement will prevent Avocado from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Avocado’s proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually.

To the full extent permitted by law:

no arbitration or proceeding shall be joined with any other;

there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to use class-action procedures;

there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information by you, Avocado may suffer irreparable harm and may be entitled to injunctive or equitable relief.

We may seek interim, equitable, provisional, or injunctive relief from any court having jurisdiction as necessary to protect our rights and property pending the outcome of arbitration.

CONTROLLING LAW; EXCLUSIVE FORUM

This Agreement and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, except where mandatory laws of your jurisdiction require otherwise.

Subject to the arbitration provisions above, the parties consent to the jurisdiction of the state and federal courts located in the State of Delaware for proceedings arising out of or relating to this Agreement, except where applicable law requires a different venue.

MISCELLANEOUS

If this Agreement is terminated, such termination shall not affect the validity of provisions that by their nature should survive termination, including “Intellectual Property,” “User Content,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance With Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.

No waiver shall be effective against us unless made in writing, and no waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and Avocado with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

The section headings are provided for convenience only and shall not be given legal effect.

This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

If you have any questions about these Terms of Use, please contact us:

Email: support@youravocado.app

Or write to us at:

AvocadoAI LLC
605 Geddes Street
Wilmington, Delaware 19805
County of New Castle
USA