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About us
At Avocado, we believe in harnessing the power of artificial intelligence to provide accessible and personalized wellness support. Our AI, which we affectionately call Avocado, is ready to accompany you on your journey to emotional wellness. Through Avocado's intuitive chatbot interface, it offers a confidential space where you can express your thoughts, feelings and concerns anytime and from anywhere.
Our mission is to remove barriers to harmonious living by making wellness more convenient, accessible and free. Whether you are experiencing stress, anxiety, or simply seeking personal growth, Avocado is equipped with advanced algorithms and natural language processing to offer evidence-based guidance and practical strategies tailored to your unique needs. With Avocado, you are not alone on your journey to harmony. Start a conversation with Avocado today and take the first step toward a happier life.
With Avocado, communication is just a click away. Experience the transformative power of artificial intelligence and find the support you deserve. Join our community of users who have gained insight and power through communicating with Avocado.
Our mission is to remove barriers to harmonious living by making wellness more convenient, accessible and free. Whether you are experiencing stress, anxiety, or simply seeking personal growth, Avocado is equipped with advanced algorithms and natural language processing to offer evidence-based guidance and practical strategies tailored to your unique needs. With Avocado, you are not alone on your journey to harmony. Start a conversation with Avocado today and take the first step toward a happier life.
With Avocado, communication is just a click away. Experience the transformative power of artificial intelligence and find the support you deserve. Join our community of users who have gained insight and power through communicating with Avocado.
Safety
For Avocado, your safety and privacy are our top priorities. We understand how important it is to create a safe environment for your journey to wellness, which is why we have implemented robust security measures throughout our platform.
From the moment you connect to Avocado, rest assured that your conversations will be kept strictly private. We use the most advanced encryption protocols to protect your data, ensuring that your personal information remains private and secure.
Our team of experts is committed to adhering to the highest standards of ethics and privacy regulations. We adhere to strict privacy principles and your data will never be shared with third parties without your explicit consent.
In addition, Avocado AI is designed to prioritize your well-being at every step of the way. Our algorithms are constantly updated to detect and respond to any signs of crisis, providing immediate support and resources when needed.
With Avocado, you can boldly embark on personal growth knowing you are in good hands. Take control of your path to harmony today and experience the peace of mind that comes from knowing you're backed by a platform that puts your safety first.
From the moment you connect to Avocado, rest assured that your conversations will be kept strictly private. We use the most advanced encryption protocols to protect your data, ensuring that your personal information remains private and secure.
Our team of experts is committed to adhering to the highest standards of ethics and privacy regulations. We adhere to strict privacy principles and your data will never be shared with third parties without your explicit consent.
In addition, Avocado AI is designed to prioritize your well-being at every step of the way. Our algorithms are constantly updated to detect and respond to any signs of crisis, providing immediate support and resources when needed.
With Avocado, you can boldly embark on personal growth knowing you are in good hands. Take control of your path to harmony today and experience the peace of mind that comes from knowing you're backed by a platform that puts your safety first.
Privacy Policy
We at AvocadoAI LLC (“Avocado,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know you care how the information you provide to us is used and shared. This Privacy Policy addresses Avocado’s information collection and use practices in connection with our App.
By clicking “I AGREE” or otherwise indicating your agreement to the Privacy Policy and accompanying Terms of Use when you register to access and use the App, you acknowledge that you have read, understood, and agree to be legally bound by the terms of this Privacy Policy and accompanying Terms of Use.
Capitalized terms not defined in this Privacy Policy have the meaning given to them in our Terms of Use.
INFORMATION WE COLLECT AND/OR RECEIVE
We will collect (and/or receive) the following types of information when using the App and/or interacting with you. You authorize us to collect and/or receive such information.
1. Contact Information
If you wish to use the App, you will need to download the App from the Apple, Android or any other App Store through which the App is made available to you. If you contact us for support via email or through the customer support contact form in any other way, you will be required to provide your email address (collectively, "Contact Information"). Contact Information is used to provide the service or information requested.
2. No data is stored permanently or sent to other people or organizations. When you subscribe to an Avocado premium plan, you have the option to sync your data to your Apple iCloud account. Avocado is in no way responsible for the protection of information stored on your device or in Apple iCloud. You are solely responsible for protecting such information on your device or, if applicable, in Apple iCloud.
3. Other Information
In addition to contact information, we may collect additional information (“Other Information”). Such Other Information may include:
From your activity. Information we automatically collect when you use the Application, including, without limitation:
IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on certain pages, which sections of the Application you visit, etc.;
Mobile device information, including universally unique identifier (“UUID”), application type and version (e.g. iOS or Android), operator and country location, hardware and processor information (memory, chip speed, camera resolution, whether NFC is enabled, and network type (WiFi, 2G, 3G, 4G); and
Activity and usage information that occurs through the application, including tag data, favorites, settings, session lengths, and similar data.
From cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on the hard drive of your computer or mobile device to help your computer “remember” information about your visit. We use session cookies, which expire once you close your web browser, to help us collect Other Information and improve your experience using the application. If you do not want us to store cookies on your hard drive, you can disable this feature on your computer or mobile device. Please refer to your internet browser documentation for information on how to do this and how to delete persistent cookies. However, if you choose not to accept cookies from us, the application may not function properly.
Third Party Analytics. We may use one or more third party analytics services to evaluate your use of the application, compile activity reports (based on their collection of IP addresses, internet service provider, browser type, operating system and language, referring/exit pages and URLs, data and time, the amount of time spent on certain pages, which sections of the application you visit, the number of links clicked within the application, search queries and other similar usage data) and analyze performance metrics. These third parties use cookies and other technologies to analyze and provide data to us. By accessing and using the application, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
For more information about these third parties, including how to opt-out of certain data collection, please visit the sites below. Please note that if you opt-out of any service, you may not be able to use all of the features of the App.
For Google Firebase, visit: https://firebase.google.com/support/privacy
HOW WE USE AND SHARE INFORMATION
You authorize us to use Contact Information and Other Information (collectively, “Information”) to provide you with the App, obtain your feedback, inform you about our products and services and those of our third-party marketing partners, and improve our App.
You also authorize us to use and/or share your Information as described below.
Agents, Vendors, and Related Third Parties. We may engage other companies and individuals to perform certain business functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only to the extent necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
Aggregated Information. In an ongoing effort to better understand our users and our Application, we may analyze your Information in aggregate form to operate, maintain, manage, and improve the Application. This aggregated information does not identify you personally. We may share this aggregated data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe our Application to current and potential business partners and other third parties for other legal purposes.
Business Transfers. As we develop our business, we may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution or similar event, your Information may be part of the transferred assets.
Legal Requirements. To the extent permitted by law, we may also disclose your information: (i) when required to do so by law, court order, or other governmental or law enforcement agency or regulator; or (ii) whenever we believe disclosure is necessary or appropriate, such as to protect the rights, property, or safety of Avocado or others.
Group Account. If you accessed the App via a group account URL or QR code, we will share your information in aggregated, anonymous form with the group account administrator in the form of reports.
ACCESSING AND CHANGING INFORMATION AND COMMUNICATION PREFERENCES
You can manage your receipt of marketing and non-transactional communications by clicking the “Unsubscribe” link located at the bottom of any Avocado marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. However, you should be aware that it is not always possible to completely delete or modify information in our subscription databases.
HOW WE PROTECT INFORMATION
We take commercially reasonable measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, please understand that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of third parties with whom we may share such information, and we cannot guarantee that information you provide will not be intercepted while being transmitted over the Internet. In particular, emails sent to us may not be secure, and therefore you should use particular caution when deciding what information you send to us via email.
EXTERNAL SITES
From time to time, the application may contain links to external websites. Avocado encourages you to review the privacy and security policies of any external linked websites that may be accessed through the Application. Avocado is not responsible for the collection and disclosure of information by any external websites that a user may access through the Application. Please review the privacy policies of these external websites before submitting any personal information to them.
CHILDREN'S INFORMATION
We do not knowingly collect personal information from children under 18 years of age through the Application. If you are under 18, please do not provide us with any personal information. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through the Application without their permission. If you have reason to believe that a child under 18 has provided us with personal information, please contact us and we will endeavor to remove that information from our databases.
IMPORTANT NOTICE FOR NON-US RESIDENTS
The Application and its servers are operated in the United States. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, processed, stored, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those of your jurisdiction. If you are located outside the United States and choose to use the App, you do so at your own risk.
If you are a resident of the European Union (“EU”), the United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) with respect to your Personal Data, as set forth in our GDPR Addendum (“Addendum”) at the end of this Privacy Policy.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents have the right to receive certain information about the types of personal information that businesses with which they have an established business relationship (and that are not otherwise exempt) have provided to third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties and examples of the types of services or products sold by those third parties.
DO NOT TRACK
Avocado does not track, recognize, or honor any opt-out or do-not-track mechanisms, including general settings and/or web browser “Do Not Track” signals.
NOTICE TO NEVADA RESIDENTS
If you are a Nevada resident, you have the right to opt-out of the sale of certain personal information to third parties. Please note that we do not currently sell your personal information, as sales are defined in Chapter 603A of the Nevada Revised Statutes.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date listed at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. Any such changes will be posted on the App. By accessing and/or using the App after we have made any such changes to this Privacy Policy, you will be deemed to have accepted such changes. Please note that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the Information. Please review this Privacy Policy regularly.
CONTACTING US
If you have questions about this Privacy Policy or would like to report a privacy concern, please contact us through the form on this site.
Or write to us at:
AvocadoAI LLC 605 Geddes Street Wilmington, Delaware 19805 County of New Castle USA
GDPR SUPPLEMENT
Effective: November [●], 2022
If you are a resident of the European Union (“EU”), the United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) with respect to your Personal Data, as set out in this GDPR Supplement (“Supplement”). In this Addendum, we use the terms “Personal Data” and “processing” as defined in the GDPR, but “Personal Data” generally means information that can be used to identify an individual, and “processing” generally refers to things that can be done with the data, such as collecting, using, storing, or disclosing it. Avocado will be the data controller for your Personal Data processed in connection with the Services.
OUR CONTACT INFORMATION
Avocado is located at 605 Geddes Street, Wilmington, Delaware 19805, County of New Castle. Please use this address or, preferably, contact us via the contact form on the site with any questions, complaints or requests regarding this GDPR notice; please put “GDPR Request” in the subject line.
By clicking “I AGREE” or otherwise indicating your agreement to the Privacy Policy and accompanying Terms of Use when you register to access and use the App, you acknowledge that you have read, understood, and agree to be legally bound by the terms of this Privacy Policy and accompanying Terms of Use.
Capitalized terms not defined in this Privacy Policy have the meaning given to them in our Terms of Use.
INFORMATION WE COLLECT AND/OR RECEIVE
We will collect (and/or receive) the following types of information when using the App and/or interacting with you. You authorize us to collect and/or receive such information.
1. Contact Information
If you wish to use the App, you will need to download the App from the Apple, Android or any other App Store through which the App is made available to you. If you contact us for support via email or through the customer support contact form in any other way, you will be required to provide your email address (collectively, "Contact Information"). Contact Information is used to provide the service or information requested.
2. No data is stored permanently or sent to other people or organizations. When you subscribe to an Avocado premium plan, you have the option to sync your data to your Apple iCloud account. Avocado is in no way responsible for the protection of information stored on your device or in Apple iCloud. You are solely responsible for protecting such information on your device or, if applicable, in Apple iCloud.
3. Other Information
In addition to contact information, we may collect additional information (“Other Information”). Such Other Information may include:
From your activity. Information we automatically collect when you use the Application, including, without limitation:
IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on certain pages, which sections of the Application you visit, etc.;
Mobile device information, including universally unique identifier (“UUID”), application type and version (e.g. iOS or Android), operator and country location, hardware and processor information (memory, chip speed, camera resolution, whether NFC is enabled, and network type (WiFi, 2G, 3G, 4G); and
Activity and usage information that occurs through the application, including tag data, favorites, settings, session lengths, and similar data.
From cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on the hard drive of your computer or mobile device to help your computer “remember” information about your visit. We use session cookies, which expire once you close your web browser, to help us collect Other Information and improve your experience using the application. If you do not want us to store cookies on your hard drive, you can disable this feature on your computer or mobile device. Please refer to your internet browser documentation for information on how to do this and how to delete persistent cookies. However, if you choose not to accept cookies from us, the application may not function properly.
Third Party Analytics. We may use one or more third party analytics services to evaluate your use of the application, compile activity reports (based on their collection of IP addresses, internet service provider, browser type, operating system and language, referring/exit pages and URLs, data and time, the amount of time spent on certain pages, which sections of the application you visit, the number of links clicked within the application, search queries and other similar usage data) and analyze performance metrics. These third parties use cookies and other technologies to analyze and provide data to us. By accessing and using the application, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
For more information about these third parties, including how to opt-out of certain data collection, please visit the sites below. Please note that if you opt-out of any service, you may not be able to use all of the features of the App.
For Google Firebase, visit: https://firebase.google.com/support/privacy
HOW WE USE AND SHARE INFORMATION
You authorize us to use Contact Information and Other Information (collectively, “Information”) to provide you with the App, obtain your feedback, inform you about our products and services and those of our third-party marketing partners, and improve our App.
You also authorize us to use and/or share your Information as described below.
Agents, Vendors, and Related Third Parties. We may engage other companies and individuals to perform certain business functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only to the extent necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
Aggregated Information. In an ongoing effort to better understand our users and our Application, we may analyze your Information in aggregate form to operate, maintain, manage, and improve the Application. This aggregated information does not identify you personally. We may share this aggregated data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe our Application to current and potential business partners and other third parties for other legal purposes.
Business Transfers. As we develop our business, we may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution or similar event, your Information may be part of the transferred assets.
Legal Requirements. To the extent permitted by law, we may also disclose your information: (i) when required to do so by law, court order, or other governmental or law enforcement agency or regulator; or (ii) whenever we believe disclosure is necessary or appropriate, such as to protect the rights, property, or safety of Avocado or others.
Group Account. If you accessed the App via a group account URL or QR code, we will share your information in aggregated, anonymous form with the group account administrator in the form of reports.
ACCESSING AND CHANGING INFORMATION AND COMMUNICATION PREFERENCES
You can manage your receipt of marketing and non-transactional communications by clicking the “Unsubscribe” link located at the bottom of any Avocado marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. However, you should be aware that it is not always possible to completely delete or modify information in our subscription databases.
HOW WE PROTECT INFORMATION
We take commercially reasonable measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, please understand that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of third parties with whom we may share such information, and we cannot guarantee that information you provide will not be intercepted while being transmitted over the Internet. In particular, emails sent to us may not be secure, and therefore you should use particular caution when deciding what information you send to us via email.
EXTERNAL SITES
From time to time, the application may contain links to external websites. Avocado encourages you to review the privacy and security policies of any external linked websites that may be accessed through the Application. Avocado is not responsible for the collection and disclosure of information by any external websites that a user may access through the Application. Please review the privacy policies of these external websites before submitting any personal information to them.
CHILDREN'S INFORMATION
We do not knowingly collect personal information from children under 18 years of age through the Application. If you are under 18, please do not provide us with any personal information. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through the Application without their permission. If you have reason to believe that a child under 18 has provided us with personal information, please contact us and we will endeavor to remove that information from our databases.
IMPORTANT NOTICE FOR NON-US RESIDENTS
The Application and its servers are operated in the United States. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, processed, stored, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those of your jurisdiction. If you are located outside the United States and choose to use the App, you do so at your own risk.
If you are a resident of the European Union (“EU”), the United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) with respect to your Personal Data, as set forth in our GDPR Addendum (“Addendum”) at the end of this Privacy Policy.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents have the right to receive certain information about the types of personal information that businesses with which they have an established business relationship (and that are not otherwise exempt) have provided to third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties and examples of the types of services or products sold by those third parties.
DO NOT TRACK
Avocado does not track, recognize, or honor any opt-out or do-not-track mechanisms, including general settings and/or web browser “Do Not Track” signals.
NOTICE TO NEVADA RESIDENTS
If you are a Nevada resident, you have the right to opt-out of the sale of certain personal information to third parties. Please note that we do not currently sell your personal information, as sales are defined in Chapter 603A of the Nevada Revised Statutes.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date listed at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. Any such changes will be posted on the App. By accessing and/or using the App after we have made any such changes to this Privacy Policy, you will be deemed to have accepted such changes. Please note that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the Information. Please review this Privacy Policy regularly.
CONTACTING US
If you have questions about this Privacy Policy or would like to report a privacy concern, please contact us through the form on this site.
Or write to us at:
AvocadoAI LLC 605 Geddes Street Wilmington, Delaware 19805 County of New Castle USA
GDPR SUPPLEMENT
Effective: November [●], 2022
If you are a resident of the European Union (“EU”), the United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) with respect to your Personal Data, as set out in this GDPR Supplement (“Supplement”). In this Addendum, we use the terms “Personal Data” and “processing” as defined in the GDPR, but “Personal Data” generally means information that can be used to identify an individual, and “processing” generally refers to things that can be done with the data, such as collecting, using, storing, or disclosing it. Avocado will be the data controller for your Personal Data processed in connection with the Services.
OUR CONTACT INFORMATION
Avocado is located at 605 Geddes Street, Wilmington, Delaware 19805, County of New Castle. Please use this address or, preferably, contact us via the contact form on the site with any questions, complaints or requests regarding this GDPR notice; please put “GDPR Request” in the subject line.
Terms of use
Welcome to Avocado!
AvocadoAI LLC (“Avocado,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our proprietary mental health monitoring mobile application accessible via tablets, smartphones, and other devices (the “App”).
By using the App, you signify your agreement to this Agreement (as defined below) when you register to access and use the App, 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 any of these terms, please do not use the App. We may change the terms and conditions of these Terms of Use from time to time, with or without notice to you. By continuing to access and/or use the App after we have posted a change to the App, you confirm that you agree to be bound by the modified Agreement. If the modified Agreement is unacceptable to you, your sole remedy is to discontinue using the App.
Capitalized terms not defined in these Terms of Use have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW ENTITLED “MANDARY ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
NO MEDICAL ADVICE
You acknowledge and agree that Avocado does not provide, through the App or otherwise, any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Avocado does not evaluate the need for seeking medical care. The App and Content (as defined below) are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard or delay seeking professional medical advice because of something you have read in the App and/or Content. You acknowledge and agree that by accessing and using the App, you do not enter into a physician-patient or provider-patient relationship with Avocado. If you believe you may have a medical emergency, immediately call your physician or 911 or 112 (depending on your country of residence) or other emergency medical number. Your reliance on the Avocado App and Content is entirely at your own risk.
APPLICATION DESCRIPTION AND USE
The App allows you to monitor your emotions, better understand yourself, develop healthy habits, and become more resilient to stress and burnout. The App also provides you with weekly summary reports. If you wish to use the App, you must download the App from the app store through which it is made available to you using your app store credentials.
Avocado is under no obligation to accept any person as a user of the App and may accept or reject any user in its sole and complete discretion.
APPLICATION LICENSE
Avocado hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile application on a single mobile device that you own or control and to run such copy of the application solely for your personal use. Additionally, with respect to any application accessed through the Apple, Inc. app store, Avocado has no right to use the App. (“Apple”) (“Apple App”) or the Google Play Store, you will use the App only: (i) on an Apple-branded product running iOS (Apple’s proprietary operating system software) or an Android-compatible device running the Android operating system; and (ii) in accordance with the “Usage Rules” set forth in the applicable App Store Terms of Service. We reserve all rights in the App not expressly granted to you under these Terms of Service.
COMMUNITY RULES
The Avocado community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the application, you agree to abide by these community rules (“Community Rules”) and that:
You will comply with all applicable laws when using the application and will not use the application 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 or other proprietary right of any person or entity; or
is libelous, defamatory, obscene, pornographic, sexually explicit, invasive of another's privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnicity, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any confidential information about another person, including that person's email address, mailing address, telephone number, credit card information, or any similar information.
You will not "stalk," threaten, or otherwise harass another person;
You will not access or use the Application to gather any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere or attempt to interfere with the proper working of the Application through the use of any virus, device, data collection or transmission mechanism, software or routine, or access or attempt to access any data, files or passwords associated with the Application, through hacking, password or data mining or any other means;
You will not obscure, conceal, block or in any way interfere with the operation of any advertising and/or security features (such as the “Report Abuse” button) within the Application;
You will not use any robot, spider, scraper or other automated means to access the Application for any purpose without our express written permission; provided, however, that we grant the operators of public search engines permission to use spiders to copy materials from the Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
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; and
You will report any inappropriate content that you become aware of to us. If you find something that violates our Community Guidelines, please let us know and we will look into it.
We reserve the right, in our sole and absolute discretion, to deny you access to the App or any part of it without notice and to remove any content that does not comply with these Community Guidelines.
RESTRICTIONS
The App is only available to individuals aged 18 years or older. If you are not old enough to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to review these Terms with you.
USE OF PERSONAL INFORMATION
Your use of the App may involve sharing certain personal information with us. Our policies regarding the collection and use of such personal information are governed by our Privacy Policy (located in the Privacy section), which is hereby incorporated herein by reference in its entirety.
INTELLECTUAL PROPERTY
The Application contains materials such as software, text, graphics, images, sound recordings, audiovisual works, tutorials, and other materials provided by or on behalf of Avocado (collectively, the “Content”). The Content may belong to us or to third parties. The Content is protected by both U.S. and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights to the Content, and you will not use the Content except as permitted in 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 or modify the Content or reproduce, display, publicly perform, create derivative works from, distribute or otherwise use the Content in any way for any public or commercial purpose. Use or posting of the Content on any other website or networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The Avocado trademarks, service marks and logos (the “Avocado Trademarks”) used and displayed on the Application are registered and unregistered trademarks or service marks of Avocado. Other company, product and service names displayed on the Application may be trademarks or service marks owned by others (the “Third Party Trademarks” and, together with the Avocado Trademarks, the “Trademarks”). Nothing in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless such link is approved in advance in writing by us. All goodwill generated by the use of the Avocado Trademarks will inure to our benefit.
Elements of the Application are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including, but not limited to, framing or mirroring. No Content may be retransmitted without our express written consent for each instance.
COMMUNICATION WITH US
While we encourage you to send us emails, we do not want you to, and you should not, send us any content by email that contains confidential information. With respect to all emails and messages you send to us, including but not limited to feedback, questions, comments, suggestions, or the like, we are free to use any ideas, concepts, know-how, or techniques contained in your messages for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such information, without any compensation or attribution to you.
ACCESSING AND DOWNLOADING THE APP FROM ITUNES
The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:
The following terms apply to any Android App downloaded from Google Play Store. These terms are in addition to all other terms contained in these Terms of Use:
NONE OF AVOCADO, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “AVOCADO PARTIES”) ENDORSE ANY CONTENT PROVIDED THROUGH THE APP, AND/OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THROUGH THE APP. NONE OF THE AVOCADO PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, OR FOR ANY RESULTS CAUSED BY USING THE APP, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
THE CONTENT PROVIDED ON THE APP, AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE APP IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU OR YOUR FAMILY MEMBER(S) MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE EMERGENCY ROOM IMMEDIATELY.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONE OF THE AVOCADO PARTIES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE AVOCADO PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT ANY AVOCADO PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE APP, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
THE APP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE APP AT ANY TIME WITHOUT NOTICE.
EXTERNAL SITES
The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked 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 attorney’s fees (collectively, “Losses”) incurred by any Avocado Party in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Content, or the App; or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.
COMPLIANCE WITH APPLICABLE LAWS
The App is based in the United States. We make no claims concerning whether the App, or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the App, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
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. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.
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 (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any 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 preclude parties 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. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. 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, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported 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 and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.
MISCELLANEOUS
If the Agreement is terminated in accordance with the termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such 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 us 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 merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
If you have any questions about these Terms of Use, please contact us in one of the following ways:
1.Contact form on this site
2.Or write to us at:
AvocadoAI LLC 605 Geddes Street Wilmington, Delaware 19805 County of New Castle USA
AvocadoAI LLC (“Avocado,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our proprietary mental health monitoring mobile application accessible via tablets, smartphones, and other devices (the “App”).
By using the App, you signify your agreement to this Agreement (as defined below) when you register to access and use the App, 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 any of these terms, please do not use the App. We may change the terms and conditions of these Terms of Use from time to time, with or without notice to you. By continuing to access and/or use the App after we have posted a change to the App, you confirm that you agree to be bound by the modified Agreement. If the modified Agreement is unacceptable to you, your sole remedy is to discontinue using the App.
Capitalized terms not defined in these Terms of Use have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW ENTITLED “MANDARY ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
NO MEDICAL ADVICE
You acknowledge and agree that Avocado does not provide, through the App or otherwise, any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Avocado does not evaluate the need for seeking medical care. The App and Content (as defined below) are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard or delay seeking professional medical advice because of something you have read in the App and/or Content. You acknowledge and agree that by accessing and using the App, you do not enter into a physician-patient or provider-patient relationship with Avocado. If you believe you may have a medical emergency, immediately call your physician or 911 or 112 (depending on your country of residence) or other emergency medical number. Your reliance on the Avocado App and Content is entirely at your own risk.
APPLICATION DESCRIPTION AND USE
The App allows you to monitor your emotions, better understand yourself, develop healthy habits, and become more resilient to stress and burnout. The App also provides you with weekly summary reports. If you wish to use the App, you must download the App from the app store through which it is made available to you using your app store credentials.
Avocado is under no obligation to accept any person as a user of the App and may accept or reject any user in its sole and complete discretion.
APPLICATION LICENSE
Avocado hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile application on a single mobile device that you own or control and to run such copy of the application solely for your personal use. Additionally, with respect to any application accessed through the Apple, Inc. app store, Avocado has no right to use the App. (“Apple”) (“Apple App”) or the Google Play Store, you will use the App only: (i) on an Apple-branded product running iOS (Apple’s proprietary operating system software) or an Android-compatible device running the Android operating system; and (ii) in accordance with the “Usage Rules” set forth in the applicable App Store Terms of Service. We reserve all rights in the App not expressly granted to you under these Terms of Service.
COMMUNITY RULES
The Avocado community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the application, you agree to abide by these community rules (“Community Rules”) and that:
You will comply with all applicable laws when using the application and will not use the application 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 or other proprietary right of any person or entity; or
is libelous, defamatory, obscene, pornographic, sexually explicit, invasive of another's privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnicity, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any confidential information about another person, including that person's email address, mailing address, telephone number, credit card information, or any similar information.
You will not "stalk," threaten, or otherwise harass another person;
You will not access or use the Application to gather any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere or attempt to interfere with the proper working of the Application through the use of any virus, device, data collection or transmission mechanism, software or routine, or access or attempt to access any data, files or passwords associated with the Application, through hacking, password or data mining or any other means;
You will not obscure, conceal, block or in any way interfere with the operation of any advertising and/or security features (such as the “Report Abuse” button) within the Application;
You will not use any robot, spider, scraper or other automated means to access the Application for any purpose without our express written permission; provided, however, that we grant the operators of public search engines permission to use spiders to copy materials from the Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
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; and
You will report any inappropriate content that you become aware of to us. If you find something that violates our Community Guidelines, please let us know and we will look into it.
We reserve the right, in our sole and absolute discretion, to deny you access to the App or any part of it without notice and to remove any content that does not comply with these Community Guidelines.
RESTRICTIONS
The App is only available to individuals aged 18 years or older. If you are not old enough to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to review these Terms with you.
USE OF PERSONAL INFORMATION
Your use of the App may involve sharing certain personal information with us. Our policies regarding the collection and use of such personal information are governed by our Privacy Policy (located in the Privacy section), which is hereby incorporated herein by reference in its entirety.
INTELLECTUAL PROPERTY
The Application contains materials such as software, text, graphics, images, sound recordings, audiovisual works, tutorials, and other materials provided by or on behalf of Avocado (collectively, the “Content”). The Content may belong to us or to third parties. The Content is protected by both U.S. and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights to the Content, and you will not use the Content except as permitted in 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 or modify the Content or reproduce, display, publicly perform, create derivative works from, distribute or otherwise use the Content in any way for any public or commercial purpose. Use or posting of the Content on any other website or networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The Avocado trademarks, service marks and logos (the “Avocado Trademarks”) used and displayed on the Application are registered and unregistered trademarks or service marks of Avocado. Other company, product and service names displayed on the Application may be trademarks or service marks owned by others (the “Third Party Trademarks” and, together with the Avocado Trademarks, the “Trademarks”). Nothing in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless such link is approved in advance in writing by us. All goodwill generated by the use of the Avocado Trademarks will inure to our benefit.
Elements of the Application are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including, but not limited to, framing or mirroring. No Content may be retransmitted without our express written consent for each instance.
COMMUNICATION WITH US
While we encourage you to send us emails, we do not want you to, and you should not, send us any content by email that contains confidential information. With respect to all emails and messages you send to us, including but not limited to feedback, questions, comments, suggestions, or the like, we are free to use any ideas, concepts, know-how, or techniques contained in your messages for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such information, without any compensation or attribution to you.
ACCESSING AND DOWNLOADING THE APP FROM ITUNES
The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:
- You acknowledge and agree that (i) these Terms of Use are concluded between you and Avocado only, and not Apple, and (ii) Avocado, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and 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 will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever 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.
- You acknowledge that, as between Avocado and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) 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 that App infringes that third party’s intellectual property rights, as between Avocado and Apple, Avocado, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) 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 these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App.
The following terms apply to any Android App downloaded from Google Play Store. These terms are in addition to all other terms contained in these Terms of Use:
- You acknowledge and agree that (i) these Terms of Use are concluded between you and Avocado only, and not Google, and (ii) Avocado, not Google, is solely responsible for the App and content thereof. Your use of the App must comply with the Google Play Store Terms of Service.
- You acknowledge that Google has no obligation whatsoever to furnish any maintenance and 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 will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever 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.
- You acknowledge that, as between Avocado and Google, Google is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) 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 that App infringes that third party’s intellectual property rights, as between Avocado and Google, Avocado, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms of Use, you must comply with all applicable terms of the Google Play Store when using the App.
NONE OF AVOCADO, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “AVOCADO PARTIES”) ENDORSE ANY CONTENT PROVIDED THROUGH THE APP, AND/OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THROUGH THE APP. NONE OF THE AVOCADO PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, OR FOR ANY RESULTS CAUSED BY USING THE APP, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
THE CONTENT PROVIDED ON THE APP, AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE APP IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU OR YOUR FAMILY MEMBER(S) MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE EMERGENCY ROOM IMMEDIATELY.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONE OF THE AVOCADO PARTIES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE AVOCADO PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT ANY AVOCADO PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE APP, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
THE APP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE APP AT ANY TIME WITHOUT NOTICE.
EXTERNAL SITES
The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked 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 attorney’s fees (collectively, “Losses”) incurred by any Avocado Party in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Content, or the App; or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.
COMPLIANCE WITH APPLICABLE LAWS
The App is based in the United States. We make no claims concerning whether the App, or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the App, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
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. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.
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 (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any 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 preclude parties 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. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. 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, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported 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 and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.
MISCELLANEOUS
If the Agreement is terminated in accordance with the termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such 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 us 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 merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
If you have any questions about these Terms of Use, please contact us in one of the following ways:
1.Contact form on this site
2.Or write to us at:
AvocadoAI LLC 605 Geddes Street Wilmington, Delaware 19805 County of New Castle USA
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