Avaplicity.

Terms of Use

Effective date: September 15, 2025

These Terms of Use (the "Terms") are a legal agreement between you and Avaplicity, Inc. ("Avaplicity," "we," "us," or "our") governing your access to and use of our website (avaplicity.com), our iOS application, and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Eligibility; Territory

  • •Age. You must be 18 or older to use the Services.
  • •Territory. The Services are intended for use in the United States only.
  • •Accounts. You are responsible for your account and any activity under it. Keep your credentials confidential and notify us promptly of unauthorized use.

License and Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. Your use must comply with our AUP.

You may not: (i) reverse engineer, decompile, or attempt to derive source code or model weights; (ii) copy, modify, or create derivative works of the Services; (iii) circumvent security, rate limits, or usage gates; (iv) scrape or harvest data without written permission; (v) use the Services to build or train competing AI models; or (vi) use the Services in violation of law, these Terms, our AUP, or third-party rights.

App Store; Third-Party Services

  • •Apple App Store. Purchases and subscriptions are processed by Apple. Apple is the merchant of record. See Subscription & Billing for details. We cannot issue refunds; requests must be made via Apple.
  • •Third-party services. Certain features rely on third-party providers (e.g., identity, push notifications, speech/AI, analytics). Your use of such features may be subject to those providers' terms in addition to these Terms.

Subscriptions & Billing

Plan descriptions, pricing, auto-renewal, cancellations, and Action Credits are governed by our Subscription & Billing Policy. You can manage or cancel your subscription in iOS Settings → Apple ID → Subscriptions.

Your Content; Rights You Grant

You retain ownership of content you submit to the Services (e.g., voice/audio, transcripts, text, goals, reminders, and other inputs) ("User Content"). You grant Avaplicity a non-exclusive, worldwide, royalty-free license to host, process, transcribe, analyze, reproduce, and display your User Content solely to operate, secure, personalize, and improve the Services (including safety systems, diagnostics, and quality). We may create aggregated or de-identified data and use it for our lawful business purposes.

Do not submit content you lack rights to share, or content that includes others' personal data without consent. Do not submit protected health information (PHI). See Privacy Policy and AI Notice for more.

AI Outputs; No Professional Advice

AI-generated outputs may be inaccurate, incomplete, or outdated. Do not rely on the Services for medical, legal, tax, or financial advice. Review outputs before acting. If you are in danger or in crisis, call 911 (or 988 in the U.S. for mental-health crises). See AI Use & Safety Notice.

Safety; Enforcement

We use automated and manual measures to reduce harmful content. We may refuse or stop responses, limit features, or suspend or terminate accounts to protect users and the Services. See our AUP and Security & Vulnerability Disclosure.

Ownership; Feedback

Avaplicity and its licensors own the Services, including software, models, content, and trademarks. Except for the limited license above, no rights are granted. If you provide feedback, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use it without restriction.

Beta Features

We may offer experimental or pre-release features. These are provided "as is," may be modified or discontinued, and may be subject to additional terms.

Copyright; DMCA

We respect intellectual-property rights and respond to notices consistent with our DMCA Notice & Takedown Policy.

Term; Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access immediately (with or without notice) if you violate these Terms, our AUP, or law; if your use poses risk; or if continued access is not commercially viable. Upon termination, your license ends. Sections labeled Ownership; Your Content; Disclaimers; Limitation of Liability; Indemnification; Dispute Resolution; and General survive termination.

Disclaimers

THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." AVAPLICITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVAPLICITY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL; OR BUSINESS INTERRUPTION. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Indemnification

You will defend, indemnify, and hold harmless Avaplicity from and against claims, losses, and expenses (including reasonable attorneys' fees) arising from: (i) your User Content; (ii) your use of the Services; or (iii) your violation of these Terms, our AUP, or applicable law.

Dispute Resolution; Arbitration; Class-Action Waiver (U.S. only)

Informal process. Before filing a claim, you agree to email privacy@avaplicity.com with a brief description and your contact info; we will try to resolve it informally within 30 days.

Binding arbitration. Except for small-claims court or claims for injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The Federal Arbitration Act and federal arbitration law govern this section. The arbitration will take place in Franklin County, Ohio or by video conference, at your election.

Class-action waiver. You and Avaplicity agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Opt-out. You may opt out of arbitration by sending written notice to our address below within 30 days after you first accept these Terms; include your name, the email tied to your account, and a clear statement that you opt out of arbitration.

Export; Sanctions

You must comply with U.S. export controls and sanctions. You represent that you are not located in, or a resident of, a country or region subject to comprehensive U.S. sanctions, and are not a prohibited party under U.S. law.

Changes to the Services or Terms

We may modify the Services and these Terms. If changes are material, we will provide additional notice (e.g., in-app or by email). The "Effective date" above reflects the latest version. If you continue using the Services after changes take effect, you accept the revised Terms.

General

  • •Governing law. These Terms are governed by the laws of the State of Ohio, excluding conflict-of-laws rules, except as preempted by U.S. federal law (e.g., the FAA for arbitration).
  • •Severability; waiver. If a provision is unenforceable, the remainder remains in effect. A failure to enforce is not a waiver.
  • •Assignment. You may not assign these Terms without our prior written consent; we may assign them.
  • •Entire agreement. These Terms and the policies linked above are the entire agreement between you and Avaplicity regarding the Services.
  • •Notices. We may send notices by email, in-app, or by posting. You consent to electronic communications.

Contact

Avaplicity, Inc.
7775 Walton Parkway, Suite 100
New Albany, Ohio 43054
Email: privacy@avaplicity.com