Terms of Service
Last Updated: 2024-11-24
Welcome to Avocado Meals ("the App"), owned and operated by We Love Pixels, LLC ("we," "us," "our"). These Terms of Service ("Terms") govern your use of the App and related services (collectively, "Services"). By downloading, installing, registering for, or otherwise using the App, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the App.
If you have any questions or concerns regarding these Terms, please contact us at: info@tryavocado.com.
1. Eligibility and Acceptance of Terms
1.1 Eligibility
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the App. If you are under the age of majority, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
1.2 Acceptance
By creating an account or using the App, you represent and warrant that:
- You have the legal capacity to enter into these Terms.
- Any information you provide is accurate, complete, and up-to-date.
- You will comply with all applicable laws, regulations, and these Terms.
2. Account Registration and Security
2.1 Account Creation
You may create an account using your email address, or via third-party providers such as Apple Sign-In or Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.2 Responsibility for Account Activities
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
3. Use of the Services
3.1 Personal, Non-Commercial Use
The App and Services are provided solely for your personal, non-commercial use. You may not sell, redistribute, or otherwise commercialize the content or Services without our prior written consent.
3.2 Prohibited Conduct
You agree not to:
- Use the App in any manner that violates any law, regulation, or these Terms.
- Submit content that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable.
- Impersonate any person or entity or falsely represent your affiliation with another person or entity.
- Interfere with, disrupt, or manipulate the security or integrity of the App or any related systems.
- Access or attempt to access areas or features of the App that you are not authorized to access.
- Engage in any activity that could damage, disable, overburden, or impair the App's servers or networks.
4. Nutritional and Health Information Disclaimer
4.1 Not Medical Advice
The App provides tools and insights to help you track nutrition, set goals, and review trends. However, the App and its Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional before making changes to your diet, exercise routines, or health-related behaviors.
4.2 Accuracy of Information
While we strive to provide accurate nutritional estimates and insights, the information and analysis generated by the App (including AI-generated insights) may not be complete, accurate, or current. You acknowledge that reliance on any information provided by the App is at your own risk.
5. User-Generated Content
5.1 Ownership of Your Content
You retain ownership of any content (such as meal descriptions, photos, and logs) that you submit to the App ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Services.
5.2 Responsibility for User Content
You are solely responsible for the User Content you submit. You represent and warrant that you have all rights, licenses, and permissions necessary to submit the User Content and that it does not violate any third party's intellectual property, privacy, or other rights.
5.3 Removal of User Content
We reserve the right (but have no obligation) to review, remove, or refuse to display any User Content that we deem, in our sole discretion, to be inappropriate, harmful, or in violation of these Terms or applicable law.
6. Intellectual Property Rights
6.1 Our Content
All content provided by us, including text, graphics, logos, icons, images, software code, and other materials, is the property of We Love Pixels, LLC or its licensors and is protected by U.S. and international intellectual property laws. Except as expressly authorized by these Terms, you may not copy, modify, distribute, create derivative works, or otherwise exploit our content without our prior written permission.
6.2 Trademarks
Avocado Meals and our associated logos are trademarks or service marks of We Love Pixels, LLC. You may not use these marks without our prior written permission.
7. Privacy
7.1 Privacy Policy
Your use of the App is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
8. Third-Party Services and Links
8.1 Third-Party Sign-In and AI Services
We integrate with third-party services (such as Apple Sign-In, Google Sign-In, OpenAI, Anthropic, and error tracking via Sentry) to provide enhanced features. Your use of these third-party services may be subject to their own terms and privacy policies.
8.2 External Links
The App may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services available from such third parties. Your interactions with third parties are solely between you and the third party.
9. Disclaimer of Warranties
9.1 "As Is" and "As Available" Basis
THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 No Guarantee of Availability or Accuracy
We do not guarantee that the App will be uninterrupted, secure, or error-free; that defects will be corrected; or that the App will be free of viruses or other harmful components. We make no warranty regarding the accuracy, reliability, quality, or timeliness of any information provided by the App.
10. Limitation of Liability
10.1 Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [COMPANY NAME], ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE APP.
10.2 Aggregate Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER.
11. Indemnification
You agree to defend, indemnify, and hold harmless We Love Pixels, LLC, its affiliates, officers, employees, agents, and licensors from and against any claims, actions, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or relating to your use of the App, your User Content, or your violation of these Terms or any applicable laws.
12. Modifications to the Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice (e.g., by email or through the App). By continuing to use the App after the changes become effective, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the App.
13. Termination
We may suspend or terminate your account and access to the App at our sole discretion if you violate these Terms or for any other reason. You may also terminate your account at any time by contacting us. Upon termination, all licenses and rights granted to you under these Terms will cease immediately.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of law provisions. Any dispute arising from or related to these Terms shall be brought exclusively in the state or federal courts located in Lake County, Illinois, USA, and you consent to the personal jurisdiction and venue of such courts.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and We Love Pixels, LLC regarding your use of the App.
15.2 Severability
If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
Your use of the App indicates that you have read, understood, and agreed to these Terms of Service.