Terms Of Service

These Terms of Service (the "Terms") govern your access to and use of the products and services provided by Nexera Limited (DBA as Avo), a Hong Kong company ("Avo," "we," "our," or "us"), including our websites, mobile applications, software, social media pages, and other online platforms and services (collectively, the "Services").Please also review our Privacy Policy and any other posted policies for information on how we collect, use, and disclose information about you.These Terms apply to all users worldwide, except as modified for users in countries and territories within the European Economic Area (EEA), Switzerland, or the United Kingdom, where additional terms apply to comply with local laws.Agreement to Terms By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. See our Privacy Policy for information about your rights under the CCPA. Please note: These Terms include an arbitration agreement (see Section 16), which requires you and Avo to resolve most disputes individually through binding arbitration and limits the manner in which you may seek relief from us. By agreeing to these Terms, you waive the right to a jury trial or to participate in a class action, where permitted by law.Additional Terms Certain features, promotions, or programs offered through the Services may be subject to additional terms and conditions. If there is a conflict between these Terms and additional terms, the additional terms will govern for the specific feature or program unless otherwise specified. Examples include but are not limited to:Avo Gift Card Terms and ConditionsAvo Corporate Wellness Program TermsAvo Marketplace Terms (for future features)Service Use Eligibility To use the Services, you must be at least 16 years old. If you are under the legal age of majority in your jurisdiction, you may only use the Services with the involvement and consent of a parent or legal guardian. If you are a parent or legal guardian and your child uses the Services, these Terms apply to you and you are responsible for their use of the Services.Account Registration and Security Many features of the Services require you to create an Avo account. You agree to:Provide accurate and up-to-date account information.Keep your login credentials secure and confidential.Notify us immediately at hello@nexeraai.xyz if you suspect unauthorized use of your account.You are responsible for all activities that occur under your account unless unauthorized access was caused solely by Avo’s gross negligence or willful misconduct. You may not create an account if Avo has previously removed your account or banned you from the Services, unless we give you explicit written permission to do so.Subscriptions and Promotional OffersThe Services may include both free and paid offerings. Paid subscriptions ("Avo Premium") provide access to premium features such as unlimited scans, personalized recommendations, water testing data, and more.Recurring Subscriptions When you purchase a recurring subscription, it will automatically renew at the end of each billing cycle (monthly, yearly, or other period selected) unless you cancel at least 24 hours prior to the renewal date. You may cancel your subscription at any time by navigating to Settings > Subscription in the Avo app or contacting your app store provider. Your subscription will renew automatically at the stated price unless canceled at least 24 hours prior to renewal. You authorize Avo to charge your designated payment method for the applicable subscription fees, taxes, and any other charges. If we cannot charge your payment method, you remain responsible for all unpaid amounts and we may suspend or terminate your access to Avo Premium.Family Plans We may offer family plans that allow access to Avo Premium for the primary account holder and additional family members. The primary account holder must be at least 18 years old and is responsible for all use of the Services by family plan members.Lifetime Subscriptions A lifetime subscription grants access to Avo Premium for the remaining operational life of Avo Premium, which may not necessarily be the remainder of your lifetime. Avo reserves the right to modify or discontinue features, and any future Services may not be included in a lifetime subscription. Lifetime subscriptions are non-transferable and non-refundable.Promotional Offers Promotional offers, including free trials or discounted rates, may convert automatically to paid recurring subscriptions at the then-current rate unless canceled before the end of the promotional period. Eligibility for promotional offers is determined solely by Avo and may be restricted to new customers or other specific groups.Cancellation You can cancel your recurring subscription by visiting your account settings in the Avo app or contacting the relevant third-party app store (e.g., Apple App Store, Google Play Store) if you subscribed through their platform. Cancellation will stop future billing, but you will continue to have access to Avo Premium until the end of the current billing period. Refunds are not provided for partial billing periods except where required by law.Changes to Subscriptions We may change the pricing or features of your subscription at any time. Material changes will be communicated to you in advance at the email address associated with your account. If you do not agree to the changes, you may cancel your subscription as described above.Other Payment TermsPayment Method If you purchase a subscription, lifetime plan, gift card, or other item through the Services, you must provide a valid and up-to-date payment method acceptable to us. You authorize Avo to charge your designated payment method for the then-current price plus any applicable taxes, fees, or surcharges. No transaction is binding on Avo until accepted and confirmed by us. We may update your stored payment method using information from our payment processors or financial partners. You remain responsible for any additional charges imposed by your payment method provider (e.g., currency conversion fees, overdraft fees).Cancellations and Disputes If you have concerns about a transaction, you must contact us first at hello@nexeraai.xyz and allow us a reasonable opportunity to resolve the issue before initiating a chargeback or reversal with your payment provider, unless prohibited by applicable law. Avo reserves the right to verify your identity, request additional information, decline purchase requests, or cancel transactions if we suspect fraud, unauthorized activity, or errors in payment processing.Refunds Except where required by law, Avo does not offer refunds or credits for partially used subscription periods, promotional offers, or one-time purchases. This includes lifetime plans and family plans.Future Functionality Your purchase of Avo Premium or other Services is not contingent on the delivery of any future features, content, or functionality, nor dependent on any statements or representations made by Avo regarding upcoming developments.Services and User Content RightsAvo Services OwnershipAll elements of the Services—including but not limited to text, graphics, logos, icons, images, audio, video, algorithms, databases, and software—are the exclusive property of Avo or its licensors and are protected under U.S. and international intellectual property laws.You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any part of the Services except as expressly permitted by these Terms.Limited LicenseSubject to your compliance with these Terms, Avo grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:Access and use the Services for your personal, non-commercial purposes.Download and install a copy of any Avo mobile application from an authorized app store on a mobile device you own or control.This license automatically terminates if you breach these Terms. Unauthorized use may also violate intellectual property laws and result in legal action.User Content OwnershipExcept for the license granted below, you retain ownership of any content you submit, post, or upload through the Services ("User Content"), including comments, reviews, and social media posts tagging Avo or using Avo-related hashtags.License You Grant to AvoBy submitting User Content, you grant Avo a worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and publicly perform your User Content (including your name, username, and likeness) in connection with providing and promoting the Services.This license survives termination of your account and remains in effect for as long as we need to operate and market the Services. You waive any moral rights to the extent permitted by applicable law.You represent and warrant that your User Content does not infringe any third-party rights or violate any applicable law.Proprietary Data and ContentAll data, content, and materials made available through the Services—including but not limited to Avo's product and restaurant database, lab testing results, methodologies, analyses, scoring systems, algorithms, proprietary data sets, visualizations, and any derivative works thereof ("Avo Proprietary Content")—are the exclusive property of Avo and are protected under U.S. and international intellectual property laws, including copyright, trade secret, and database rights.You may not copy, reproduce, republish, distribute, display, perform, create derivative works of, sell, license, or otherwise exploit any Avo Proprietary Content, in whole or in part, without Avo's prior written consent. Unauthorized use of Avo Proprietary Content, including but not limited to scraping, crawling, harvesting, or automated extraction of data from the Services, is strictly prohibited and may result in legal action for damages, injunctive relief, and other remedies available under law.Avo considers its lab testing methodologies, product evaluations, and database structures to be trade secrets and confidential information. Any unauthorized disclosure or republication of such materials is a material breach of these Terms.Third-Party ContentThe Services may display or link to products, services, content, or resources from third parties ("Third-Party Content"). Avo does not control or endorse Third-Party Content and is not responsible for its availability, accuracy, or legality.Your use of Third-Party Content is at your own risk. You release Avo from any claims or disputes arising out of or related to your access or use of such content.Copyright Complaints and Repeat Infringer PolicyIf you believe content on the Services infringes your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") to Avo's designated agent:Copyright Agent c/o Nexera Limited (Avo) Room 1205, 12F Beverly House, 93-107 Lockhart Road, Wan Chai, Hong KongPlease include all information required by 17 U.S.C. § 512(c)(3).Knowingly submitting a false claim may subject you to liability for damages and legal fees.Avo has adopted a policy of terminating, in appropriate circumstances, accounts of users who are repeat infringers of intellectual property rights.Prohibited Uses and User ConductYou are solely responsible for your User Content and conduct while using the Services. You agree that you will not, and will not allow or encourage others to:Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that:is confidential and for which you lack all necessary rights to disclose or to grant us the license described in these Terms;infringes, misappropriates, or violates any third-party patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;violates these Terms, any applicable law, or encourages conduct that could result in civil or criminal liability;is false, fraudulent, misleading, or deceptive;impersonates any person or entity, or misrepresents your affiliation with any person or entity;is defamatory, obscene, vulgar, offensive, unlawful, libelous, lewd, suggestive, abusive, inflammatory, or otherwise objectionable;promotes discrimination, harassment, hatred, bigotry, violence, or harm against any individual or group;promotes or facilitates illegal or harmful activities or substances;contains unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations ("spam");contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content; orin Avo's sole judgment, restricts or inhibits any other person from fully using and enjoying the Services or may expose Avo or its users to harm or liability.You also agree not to:Copy, reproduce, distribute, publicly perform, publicly display, mirror, or frame the Services or any part of them without Avo's prior written consent.Modify, adapt, translate, or create derivative works based on the Services.Remove, obscure, or alter any copyright, trademark, or proprietary rights notices in or on the Services.Use the Services for any purpose other than their intended use as outlined in these Terms.Develop or use any applications or scripts that interact with the Services without our prior written approval.Circumvent, disable, or otherwise interfere with any security-related features or technological measures used by Avo or any third-party to protect the Services.Access or attempt to access data not intended for you, including attempting to probe, scan, or test the vulnerability of any system or network.Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas of the Services.Interfere with or disrupt any user, host, or network, including through the distribution of viruses, malware, overloading, flooding, spamming, or mail-bombing the Services.Harvest or collect personally identifiable information from other users without their express consent.Use or attempt to use another user's account without authorization.Scrape, crawl, harvest, or use any automated system (including bots, spiders, or scrapers) to access, copy, or extract data from the Services for any purpose without Avo's prior written authorization.Reproduce, republish, or distribute Avo Proprietary Content, including lab test results, scoring systems, product or restaurant data, and other proprietary materials, in whole or in part, without express written permission.Attempt to hack, attack, or gain unauthorized access to Avo's systems, networks, servers, or data, or disrupt the functionality or security of the Services in any way.Avo reserves the right—but is not obligated—to monitor, review, and remove any User Content or restrict access to any account at any time and for any reason, without notice, if we determine in our sole discretion that a violation of these Terms has occurred.We also reserve the right to investigate and cooperate with law enforcement authorities in prosecuting users who violate the law. Avo's failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.TrademarksAvo's trademarks, including but not limited to Avo, Avo APP, and any Avo logos, product names, slogans, or the look and feel of the Services, may not be copied, imitated, or used, in whole or in part, without Avo's prior written permission.The absence of a trademark from this list does not constitute a waiver of Avo's trademark or other intellectual property rights concerning that trademark.All third-party trademarks referenced on the Services are the property of their respective owners. References to any third-party products, services, or companies do not imply endorsement, sponsorship, or recommendation by Avo.Database and Content ProtectionThe structure, organization, and compilation of Avo's product and restaurant databases, lab results, and scoring data constitute proprietary intellectual property owned by Avo. Any use, reproduction, or redistribution of these materials without Avo's prior written consent is strictly prohibited and may result in legal action.TerminationAvo may, in its sole discretion and without prior notice, suspend or terminate your access to all or part of the Services if:You breach these Terms or any other policies or agreements incorporated herein by reference;You fail to maintain accurate account information or security;You violate any applicable law or regulation;Your conduct harms Avo or its users, or exposes Avo to potential legal liability; orYour subscription access was obtained through a third-party or organization and you are no longer eligible under the terms of their agreement with Avo.You may cancel your account at any time by sending an email to support@Avoapp.com. Note that canceling your account does not automatically cancel any active subscriptions; you are responsible for canceling subscriptions separately per Section 4.Upon any termination or suspension:Your right to use the Services will immediately cease;All provisions of these Terms which by their nature should survive (including but not limited to ownership, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions) will remain in full force and effect.Warranty DisclaimersYour use of the Services is at your sole risk. Except as otherwise expressly stated in writing by Avo and to the extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied.To the fullest extent permitted by law, Avo explicitly disclaims all warranties, express or implied, including but not limited to:Warranties of merchantability, fitness for a particular purpose, and non-infringement; andAny warranties arising out of course of dealing, usage, or trade.We do not warrant or guarantee that:The Services will meet your specific requirements;The Services will be available without interruption or error;Any data, content, or materials accessed through the Services will be accurate, reliable, or complete; orAny defects or errors in the Services will be corrected.You assume full responsibility for any decisions you make based on your use of the Services and for any loss or damage resulting therefrom.Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on statutory rights, so the above exclusions and limitations may not apply to you in those jurisdictions.Avo makes no representation or warranty that third parties will not attempt to circumvent or breach the security measures of the Services. You acknowledge and agree that Avo has no liability for any unauthorized access, use, or disclosure of your data caused by third parties through hacking, scraping, or other malicious acts.Medical DisclaimersThe Services are provided for informational and educational purposes only. They are not intended to diagnose, prevent, or treat any health condition or disease and are not a substitute for professional medical advice, diagnosis, or treatment.You acknowledge and agree that:Avo is not a licensed medical care provider and does not engage in diagnosing, examining, or treating medical conditions, or prescribing medication or treatments.Avo does not provide emergency services and is under no obligation to contact you or any third party regarding your medical condition or treatment.Avo does not guarantee the accuracy, reliability, or effectiveness of any information, recommendations, or results provided through the Services.You should always consult with a qualified healthcare professional regarding any questions or concerns about your health or medical conditions.You should never disregard, avoid, or delay seeking medical advice from a licensed healthcare professional because of information obtained through the Services.Certain activities or features of the Services may not be suitable for all individuals. Do not use the Services while driving, operating heavy machinery, or performing any activity that requires full attention. You are solely responsible for your use of the Services.IndemnityTo the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Nexera Limited (dba Avo) and its officers, directors, employees, agents, affiliates, and contractors (collectively, the "Avo Parties") from and against any and all claims, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal and accounting fees) ("Claims") arising out of or in any way connected with:your access to or use of the Services;your User Content or feedback;your violation of these Terms;your infringement, misappropriation, or violation of any rights of another party (including intellectual property or privacy rights); oryour misconduct or unlawful activity in connection with the Services.You agree to:Promptly notify the Avo Parties of any third-party Claims;Cooperate fully with the Avo Parties in defending such Claims; andPay all costs, fees, and expenses associated with defending such Claims, including attorneys' fees.The Avo Parties reserve the right to assume exclusive control of the defense or settlement of any Claim, and you agree not to settle any such Claim without Avo's prior written consent.This indemnity is in addition to, and not in lieu of, any other indemnities contained in any written agreement between you and Avo or any other Avo Parties.Limitation of LiabilityTo the fullest extent permitted by applicable law, neither Nexera Limited (dba "Avo") nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Avo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.Unless such limits are prohibited by applicable law, in no event will Avo's total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to Avo for use of the Services; or (b) fifty U.S. dollars (US$50). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Avo and you.Agreement to ArbitratePLEASE READ THIS SECTION CAREFULLY. UNLESS YOU OPT OUT AS PROVIDED BELOW, IT REQUIRES YOU AND Avo TO RESOLVE CERTAIN DISPUTES AND CLAIMS THROUGH BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND Avo FROM SUING IN COURT. YOU AND Avo AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.Scope of ArbitrationAny dispute, claim, or controversy arising out of or relating to these Terms, their breach, termination, enforcement, interpretation, or validity, or your use of the Services—including claims related to privacy or data security (collectively, "Disputes")—will be resolved exclusively by binding arbitration, except that each party retains the right:to bring an individual action in small claims court; andto seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.This agreement to arbitrate applies to Disputes based on events or activities that occurred before the "Last Updated" date indicated at the top of these Terms.Opt-Out ProcedureYou may opt out of binding arbitration by sending written notice to Avo at legal@Avoapp.com within thirty (30) days of first agreeing to these Terms (an "Arbitration Opt-out Notice"). The Arbitration Opt-out Notice must include your full name, mailing address, email address, and a clear statement of your intent to opt out of arbitration.If you opt out, you agree to resolve Disputes as set forth in Section 17 (Governing Law and Venue). If you do not opt out within the thirty (30) day period, you will be bound to arbitrate Disputes in accordance with this section.Governing LawThis arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16, to the fullest extent permitted by law.Informal Dispute ResolutionBefore initiating arbitration, both parties agree to attempt to resolve the Dispute informally:If you have a Dispute with Avo, you must send written notice to:Nexera Limited (dba Avo)Attn: Legal Department131 Continental Dr, Suite 305, Newark, DE 19713, USAEmail: support@Avoapp.comYour notice must include:Your full name, mailing address, email address, and phone number;A detailed description of the Dispute; andThe relief you seek.If Avo has a Dispute with you, it will send written notice to your email address on file with your account.If the parties cannot resolve the Dispute within thirty (30) days of receipt of the notice, either may initiate arbitration.Arbitration Rules and ProceduresThe arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under its Comprehensive Arbitration Rules & Procedures and Expedited Procedures, as amended by these Terms, and will take place before a single arbitrator.JAMS Rules: Available at jamsadr.com.Any arbitration hearings will be held via videoconference or teleconference unless the arbitrator determines an in-person hearing is necessary.Special Rules for Mass ArbitrationIf 25 or more similar or coordinated Disputes are filed against Avo or you by the same or coordinated counsel ("Mass Arbitration"), JAMS' Mass Arbitration Procedures and Fee Schedule will apply. Such proceedings may be delayed while individual cases are resolved.Costs of ArbitrationFor consumer arbitrations:You will pay only the consumer filing fee.Avo will cover all other arbitration costs.For non-consumer cases or cases initiated by Avo, Avo will pay all arbitration fees.Arbitrator's AuthorityThe arbitrator has exclusive authority to resolve all Disputes, including any question regarding arbitrability or the scope of this arbitration agreement. The arbitrator may award injunctive or equitable relief only as necessary to provide relief to the individual claimant and only to the extent warranted by the individual Dispute.The arbitrator's decision will be binding and enforceable in any court with jurisdiction.Notwithstanding the foregoing, nothing in this Section 16 shall be construed to preclude you from seeking public injunctive relief in a court of competent jurisdiction where such relief is not available in arbitration under applicable law.No Class ActionsYou and Avo agree that arbitration will be conducted solely on an individual basis. Class arbitrations, class actions, and representative proceedings are not permitted.SeverabilityIf any part of this section is found unenforceable, the remainder will still apply. Disputes that cannot be arbitrated must be litigated in accordance with Section 17 (Governing Law and Venue).Changes to Arbitration AgreementIf Avo modifies this section after the date you first accepted these Terms, you may reject the change by sending written notice to legal@Avoapp.com within 30 days of the change. By rejecting any change, you agree to arbitrate Disputes under the prior version of this section.Governing Law and VenueThese Terms and any action related thereto will be governed by the laws of the State of Delaware (since Avo is a Delaware C-Corp) without regard to its conflict of laws principles. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction. You and Avo waive any objection to venue in any such courts, including claims of inconvenient forum or lack of jurisdiction.Modifying and Terminating the ServicesAvo may, at its sole discretion, modify, suspend, or discontinue any or all parts of the Services at any time and without prior notice for any reason, including to make improvements, address technical needs, or prevent harm to users or the Services.You may stop using the Services at any time. To the fullest extent permitted by applicable law, Avo will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or for any loss or harm related to your inability to access or use the Services.Changes to TermsAvo may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on the Services or by providing additional notice (such as email or in-app notifications). For email notices, the date of receipt will be deemed the date on which the email was sent.Unless otherwise stated in the notice, updated Terms will take effect immediately upon posting. By continuing to use the Services after the effective date of any changes, you agree to be bound by the updated Terms.If you do not agree to the updated Terms, you must stop using the Services and delete your account. Except as otherwise specified in Section 16 (Agreement to Arbitrate), any Disputes will be resolved in accordance with the Terms in effect at the time the Dispute arose.Other TermsThese Terms, together with any additional terms incorporated by reference, constitute the entire agreement between you and Avo regarding the Services and supersede all prior oral or written understandings or agreements between you and Avo.If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible and severed from these Terms, and the remaining provisions will remain in full force and effect.These Terms and all related documents, including notices and communications, are in the English language. Any translations are provided for convenience only.You may not assign or transfer your rights or obligations under these Terms without Avo's prior written consent, and any attempt to do so without such consent will be null and void. Avo may freely assign or transfer its rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.Avo's failure to enforce any provision of these Terms will not be considered a waiver of such provision or the right to enforce it later. Any waiver must be in writing and signed by an authorized representative of Avo.Section headings are for convenience only and have no legal effect. These Terms do not create any third-party beneficiary rights except as expressly provided herein.You agree that communications and transactions between you and Avo may be conducted electronically.California Consumer Rights Notice: Under California Civil Code Section 1789.3, users in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.FeedbackAvo does not accept or consider unsolicited creative ideas, materials, or pitches of any kind. See our [Unsolicited Submissions Policy]. If you provide ideas, suggestions, or other feedback about Avo or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. Avo does not waive any rights to use similar or related ideas previously known to Avo, developed by its employees, or obtained from other sources.Contact InformationIf you have questions about these Terms or the Services, please contact Avo by email at support@Avoapp.com or write to us at:Nexera Limited (dba Avo)Legalinc Corporate Services Inc.131 Continental Dr Suite 305Newark, DE 19713United StatesiOS Minimum Terms for Custom EULAThe following provisions apply if you are accessing or using Avo's mobile app on an Apple Inc. ("Apple") branded mobile device. These Terms, including this section, constitute a custom EULA for any Avo mobile app for purposes of Apple's agreements and you acknowledge that Apple's standard EULA will not apply.AcknowledgementThese Terms are concluded between Avo and you only, not with Apple. As between Apple and Avo, we are solely responsible for our app and its content.Scope of LicenseThe license granted to you for our app under Section 6 of these Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.Maintenance and SupportAvo is responsible for providing any maintenance and support for the app as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.WarrantyWe are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed under Section 12. 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 (if any) for the app. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app.Product ClaimsSubject to Section 15 of these Terms, Avo, not Apple, is responsible for addressing any claims relating to the app or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) claims that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.Intellectual Property RightsSubject to Section 15 of these Terms, in the event of any third-party claim that the app or your possession and use of the app infringes a third party's intellectual property rights, Avo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.Legal ComplianceYou represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country by the U.S. Government, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.Third-Party BeneficiariesApple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.Force MajeureAvo shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, government actions, labor disputes, internet outages, or power failures.Data and SecurityAvo invests significant resources in developing, maintaining, and securing its proprietary databases, lab results, scoring systems, and other content. Unauthorized access, reproduction, redistribution, scraping, or publication of Avo Proprietary Content is strictly prohibited.You agree not to use any automated system, software, or process (including crawlers, bots, or spiders) to access, extract, or store data from the Services for any purpose without Avo's prior written consent.Any attempt to hack, disrupt, or damage Avo's systems or data may result in civil and criminal liability. Avo reserves the right to investigate and pursue all available legal remedies against violators, including damages, injunctive relief, and criminal prosecution.Global AddendumRights That Cannot Be ExcludedIf you are located in a country that provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For example, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).Modifying and Terminating the ServicesIf we make a change or discontinue a Service that unreasonably disadvantages you or significantly alters the contractual balance between the parties, including changes to the essential characteristics of the Service, you may object by terminating your account and/or subscription. If you terminate in these circumstances, you may be entitled to a pro rata refund of amounts you have paid for the unused portion of your subscription.Governing LawIf you are an individual consumer located in a jurisdiction that:requires consumer contracts or disputes to be governed by the laws of your jurisdiction; orprohibits exclusive jurisdiction outside of your jurisdiction,then these Terms and any disputes will be governed by the laws of your jurisdiction and adjudicated in your local courts to the extent required by local law.For users in India, if a Dispute cannot be arbitrated, courts in Bangalore shall have exclusive jurisdiction.Alternative Indemnity (for Australia)If you are located in Australia, Section 14 (Indemnity) will not apply, and the following will instead:To the fullest extent permitted by law, you will indemnify Avo and its affiliates from and against any claims arising out of or connected with your violation, misappropriation, or infringement of any rights of another, including intellectual property or privacy rights.Alternative to Arbitration (for Certain Jurisdictions)If arbitration and class action waivers are prohibited in your jurisdiction (e.g., Canada), Section 16 will not apply. Instead, Disputes will be resolved in the state and federal courts in New Castle County, Delaware, unless your jurisdiction requires disputes to be resolved locally.LanguageThese Terms are provided in English. If Avo provides translations, they are for convenience only. The English version controls in the event of a conflict.Contracts (Rights of Third Parties) for SingaporeFor users in Singapore, no third-party (other than Apple as set forth above) shall have any right to enforce these Terms under the Contracts (Rights of Third Parties) Act (Cap. 53B).Termination for Users in South KoreaIf you are in South Korea and under 19 years of age (the legal age of majority), you or your legal guardian may cancel your account at any time under Section 11.