1. Agreement to TermsThese Terms of Service ("Terms") constitute a binding agreement between you and Nexera Limited ("Avo," "we," "our," or "us") and govern your access to and use of all Avo products and services, including our mobile application, website, software, and any related platforms or features (collectively, the "Services").By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are prohibited from using the Services.Our
Privacy Policy, which explains how we collect, process, and safeguard personal information, is incorporated herein by reference and forms a part of this agreement.These Terms apply globally, but additional rights and obligations may apply to users located in the European Union, the United Kingdom, Switzerland, or other jurisdictions where specific legal frameworks (such as the GDPR) apply. If you are a resident of such a jurisdiction, you may be entitled to additional rights and protections under applicable law.Please review Section 16 (Agreement to Arbitrate), which contains a binding arbitration clause and class action waiver. Except where prohibited by law, you waive your right to a jury trial or to participate in class or representative actions. If you do not agree to arbitration, you may opt out as described in Section 16.3.
2. Additional Terms
Certain features, offers, or programs made available through the Avo Services may be subject to separate terms and conditions (“Additional Terms”). These Additional Terms are hereby incorporated by reference and form part of your agreement with us.
In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms shall control solely with respect to the feature, offer, or program to which they apply, unless expressly stated otherwise.
Examples of such Additional Terms may include (but are not limited to):Avo Gift Card Terms and Conditions
Avo Referral or Affiliate Program TermsAvo Wellness or Community Partnership Agreements
3. Service Use
Eligibility
You must be at least
16 years of age to use the Services. If you are under the legal age of majority in your jurisdiction, you may only use the Services under the supervision and with the consent of a parent or legal guardian. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.If you are a parent or legal guardian permitting a minor to use the Services, you agree to be fully responsible for the minor’s activities on the platform, including any purchases or data shared, and for ensuring compliance with these Terms.Avo may suspend or terminate access to the Services if we believe you do not meet these eligibility requirements or if we have previously banned or removed your account.
Account Registration and Security
Certain features of the Services may require you to register for an Avo account. By registering, you agree to:Provide accurate, current, and complete account informationKeep your login credentials confidential and secureNotify us immediately at
support@getavo.co if you suspect unauthorized access or activity in your accountAccept full responsibility for all activities conducted under your account, except where such activity results solely from a breach of Avo’s security obligationsYou may not register an account if you have previously been removed or banned from using the Services, unless explicitly authorized by Avo.
4. Subscriptions and Promotional OffersPaid Services and Billing
Avo offers both free and paid tiers of access to the Services. The paid version (“
Avo Premium”) provides enhanced features, including but not limited to unlimited product scans, personalized risk analysis, ingredient filtering, and other premium content.
If you subscribe to Avo Premium, you authorize
Nexera Limited (or its authorized payment processor) to charge your selected payment method for applicable subscription fees, taxes, and any other charges incurred in connection with your use of Avo Premium.
A valid and current payment method is required for all paid transactions. All fees are stated in the applicable currency and are non-refundable except as required by law or explicitly provided for in these Terms.
Recurring SubscriptionsUnless otherwise stated at the time of purchase, Avo Premium subscriptions are
recurring and will automatically renew at the end of each billing cycle (e.g., monthly or annually). You may cancel your subscription at any time prior to the renewal date to avoid further charges.
Cancellations can be managed through:The
App Store or Google Play settings (if subscribed through those platforms), orThe account settings menu in the Avo app (if subscribed directly)Your access to Avo Premium will continue through the end of the current billing period, after which the subscription will expire unless renewed.
Free Trials and Promotional Pricing
We may offer
free trials or
discounted introductory offers for new users. Unless canceled before the end of the trial or promotional period, such offers may convert automatically into paid subscriptions at the then-current standard rate.Eligibility for promotional offers is determined at Avo’s sole discretion and may be restricted to specific users or accounts.
Changes to Subscription Terms
Avo reserves the right to modify pricing, features, or terms of its subscription plans. In the event of a material change, we will provide advance notice via email or in-app communication.If you do not agree to the revised terms, you may cancel your subscription prior to the effective date of the change. Continued use after the change constitutes your acceptance.
Refunds
Except where required by applicable law,
all purchases are final and non-refundable, including partially used billing periods, free trial conversions, or one-time purchases (e.g., lifetime plans). No refunds will be issued for unused time, failure to cancel before renewal, or promotional offers unless explicitly stated otherwise.
Lifetime and Family Plans
If offered, a
lifetime subscription grants access to Avo Premium for the duration of the product’s supported life cycle. It does not guarantee availability of future versions, new Services, or third-party integrations.If
family plans are introduced, the primary account holder must be at least 18 years old and will be responsible for managing and ensuring compliance of all linked users.
5. Other Payment TermsAccepted Payment Methods
To access paid Services (including subscriptions, upgrades, lifetime plans, and in-app purchases), you must provide a valid and current payment method accepted by Avo or its authorized payment processors. By providing payment information, you represent and warrant that:You are authorized to use the designated payment method; andAll information provided is accurate, complete, and up to date.You authorize Avo to charge your selected payment method for all applicable fees, including recurring subscription fees, taxes, surcharges, and any other amounts incurred in connection with your use of the Services.Avo reserves the right to update or obtain updated payment method details from your card issuer or payment processor, including when your card expires or is replaced.
Authorization and Payment Processing
All payments are processed securely through third-party services. Avo does not store full payment card information on its servers. By completing a transaction, you:Acknowledge and agree to the terms and privacy policies of our payment processors; andAuthorize recurring charges in accordance with your selected subscription terms, if applicable.Your purchase becomes binding upon our confirmation and acceptance. We may reject or cancel any transaction for reasons including suspected fraud, unauthorized activity, or pricing errors.
Currency and Taxes
All fees are charged in the currency indicated at the time of purchase. You are responsible for any applicable taxes (such as VAT, GST, or sales tax), duties, or surcharges imposed by your jurisdiction. If we are required to collect such taxes, they will be added to your total at checkout.
Chargebacks and Disputes
If you believe a charge was made in error, you agree to
first contact our support team at support@getavo.co to resolve the issue before initiating a chargeback or reversal with your financial institution. Failure to do so may result in suspension or termination of your access to the Services.
Non-Transferability
Payments and subscription rights are personal to the original purchaser and may not be transferred, sublicensed, or assigned to any other person or entity, unless expressly authorized by Avo in writing.
6. Services and User Content RightsOwnership of Avo Services
All content, functionality, and intellectual property provided or made available through the Services — including but not limited to algorithms, databases, scoring systems, nutritional assessments, text, graphics, logos, icons, images, audio clips, video, software code, methodologies, and documentation — are and shall remain the exclusive property of
Nexera Limited (“Avo”) or its licensors. Such materials are protected by applicable intellectual property laws, including copyright, trade secret, patent, and trademark laws.
You acknowledge that your use of the Services does not grant you ownership of, or rights to, any proprietary content or materials except as expressly set forth in these Terms.
Limited License Grant
Subject to your ongoing compliance with these Terms, Avo grants you a
limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: Access and use the Services solely for your personal, non-commercial purposes;Download and install any Avo mobile application on a compatible device owned or controlled by you.
This license is granted solely for the purpose of enabling you to access and use the Services as provided by Avo, in the manner permitted by these Terms.
Any use of the Services outside the scope of this license — including copying, reproducing, modifying, distributing, selling, sublicensing, or reverse engineering — is strictly prohibited and may result in immediate termination of access and legal enforcement.
User-Generated Content
You retain all rights in any content you submit, upload, post, transmit, or otherwise provide through the Services (“User Content”), including reviews, comments, feedback, profile details, and dietary or health-related information you optionally share.
By submitting User Content, you grant Avo a
worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, adapt, publish, translate, distribute, display, and perform such content for the purposes of:
Operating and improving the Services;Communicating with you;Supporting product development and research;Promoting the Avo brand and platform (e.g., testimonials, user success stories), subject to our Privacy Policy.
This license continues even after your account is terminated or your use of the Services ceases. You waive any moral rights to the extent permitted by applicable law.
You represent and warrant that your User Content does not infringe upon the rights of any third party and is not otherwise unlawful, harmful, or in violation of these Terms.
Avo Proprietary Data and Content
All food ratings, ingredient risk scores, health impact assessments, barcode data, product metadata, lab test results, and proprietary scoring systems (“Avo Proprietary Content”) are the confidential and commercially valuable intellectual property of Avo.
You agree that:You will not reproduce, publish, display, resell, or distribute Avo Proprietary Content for commercial purposes;You will not scrape, extract, or download data from the Services using automated tools, bots, spiders, or similar technologies;You will not use Avo Proprietary Content to train AI models, compile databases, or build derivative services;You will not disclose or share internal methodologies, scoring systems, or analysis techniques without express written consent from Avo.
Unauthorized use of Avo Proprietary Content may constitute misappropriation, copyright infringement, and/or breach of trade secret laws, and may result in legal action.
7. Third-Party ContentThe Avo Services may include links to, or integrations with, third-party websites, products, services, data feeds, content, or applications that are not owned or controlled by Avo (“Third-Party Content”).
We provide access to Third-Party Content solely for your convenience and informational purposes. Unless expressly stated, Avo does not endorse, sponsor, or assume responsibility for the accuracy, legality, security, or practices of any third party or their content.
By accessing or interacting with Third-Party Content, you acknowledge and agree that:Avo makes no representations or warranties regarding Third-Party Content;Avo disclaims any liability for damages, losses, or harm arising from your use of or reliance on Third-Party Content;Your interactions with third-party platforms or services are governed by their own respective terms and policies, not these Terms;Inclusion of a third-party feature, link, or integration does not constitute an endorsement by Avo.
Your use of Third-Party Content is entirely at your own risk. Avo reserves the right to disable links to any third-party website or content at any time and for any reason, without notice.
If you believe that a third-party integration within our Services is infringing or inappropriate, please contact us at hello@getavo.co
8. Copyright Complaints and Repeat Infringer Policy
Avo respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy to respond to claims of copyright infringement and to terminate, in appropriate circumstances, users who are repeat infringers.
Copyright Infringement Notices
If you believe that any content available through the Services infringes your copyright, you may submit a written DMCA notice to Avo’s designated copyright agent:
Designated Agent:Copyright AgentNexera Limited (d/b/a Avo)Email:
legal@getavo.coTo be legally effective under 17 U.S.C. § 512(c)(3), your DMCA notice must include:A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list;Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material;Your name, mailing address, telephone number, and email address;A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please note: Knowingly submitting a false claim may subject you to liability for damages, including attorneys’ fees.
Counter NoticesIf you believe that your content was removed or disabled in error, you may submit a counter notice to our designated agent, including:Your physical or electronic signature;Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled;A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification;Your name, address, telephone number, and email address; andA statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if outside the U.S., the courts located in Delaware) and that you will accept service of process from the person who submitted the original DMCA notice or their agent.Upon receipt of a valid counter notice, Avo may reinstate the removed content in accordance with applicable law.
Repeat Infringers
It is Avo’s policy to terminate, where appropriate, users or account holders who are deemed to be repeat infringers of third-party intellectual property rights.
9. Prohibited Uses and User Conduct
You are solely responsible for your actions and any content you submit, share, or interact with while using the Avo Services. To maintain the integrity, safety, and purpose of our platform, you agree that you will not, and will not encourage, assist, or permit any third party to:
A. Post, submit, or share any content that:You do not have the lawful right to disclose or license to Avo;Infringes or misappropriates any third party’s intellectual property rights, publicity rights, or privacy rights;Violates any applicable law or regulation;Contains false, fraudulent, or misleading information;Impersonates any person or entity or misrepresents your affiliation with one;Is unlawful, defamatory, vulgar, harassing, obscene, abusive, invasive of another’s privacy, sexually explicit, or otherwise objectionable;Promotes or incites violence, hate, discrimination, or illegal behavior;Includes spam, phishing, political campaigning, unauthorized advertising, or promotional content;Contains malware, viruses, corrupted data, or other harmful software; orIn Avo’s sole judgment, could harm or expose Avo, our users, or the Services to liability.
B. Misuse the Services by:Copying, distributing, or modifying any part of the Services or proprietary Avo data without prior written consent;Scraping, crawling, indexing, or harvesting data from the Services using bots or automated tools without express permission;Reverse engineering, decompiling, or attempting to extract the source code or underlying structure of any part of the Services;Circumventing or disabling any security features or access controls;Accessing or tampering with non-public areas of the Services or Avo’s systems;Using another person’s credentials or account without authorization;Attempting to probe, scan, or test vulnerabilities in the platform;Overloading or disrupting the network or functionality of the Services through spam, DDoS attacks, or similar behavior;Publishing or distributing Avo’s proprietary scoring systems, product data, algorithms, or methodologies without written authorization.
Avo reserves the right, without notice, to monitor use of the Services, investigate violations of these Terms, and suspend or terminate access to any user account found to be in breach of this Section. We may also cooperate with law enforcement or pursue legal remedies as necessary.
Failure to enforce this section in any instance does not waive our right to enforce it in the future.
10. Trademarks
The AVO name, logo, visual identity, taglines, and any other brand elements associated with
Nexera Limited and its products or services (collectively, the “Avo Marks”) are the exclusive property of Nexera Limited and are protected by trademark laws in applicable jurisdictions.
You may not use, reproduce, copy, display, transmit, modify, or exploit any Avo Marks—whether in digital, printed, or verbal form—without prior express written permission from Nexera Limited. This includes but is not limited to use in:Meta tags or hidden text for search engine optimization (SEO)Domain names or usernamesAdvertisements or product packagingApplications, plugins, or software not affiliated with Avo
The absence of a specific trademark, slogan, or logo from this list does not constitute a waiver of any intellectual property rights held by Nexera Limited.
All third-party trademarks, logos, product names, or brand references appearing in or via the Services remain the property of their respective holders. Any reference to third-party products, services, or entities is for identification purposes only and does not imply endorsement, sponsorship, or partnership with Avo.
If you believe that any content or usage within the Services may infringe upon your trademark or intellectual property rights, please notify us at
legal@getavo.co.
11. Termination
We may suspend or terminate your access to the Services—either in part or in full—at our sole discretion, at any time, and without prior notice, if we determine that:You have violated these Terms, any incorporated policies, or applicable law;You have engaged in conduct that may harm Avo, other users, or third parties;You have provided false, incomplete, or misleading information during account creation or use;You have accessed or attempted to access Services in an unauthorized or abusive manner; orYour access rights were granted through a third party (e.g., a corporate plan or promotional program) that has expired or been revoked.
Termination may result in the deletion of your account, preferences, saved data, and any content associated with your use of the Services. This includes the loss of access to any subscription features (e.g., Avo Premium) upon the end of the current billing period.
You may terminate your account at any time by contacting us at hello@getavo.co. Please note that canceling your account does not automatically cancel any active subscription; you are responsible for managing and canceling any ongoing payment obligations via the Avo app or your third-party app store account.
Upon termination—whether by you or by us—the following provisions will survive:Ownership rights in and to Avo content, proprietary technology, scoring methodologies, and databases;Rights and obligations related to privacy, intellectual property, indemnification, disclaimers, and limitations of liability;Any outstanding payment obligations owed to Nexera Limited;Any other provisions of these Terms that by their nature should survive termination.
We reserve all legal and equitable rights to pursue remedies in the event of a violation of these Terms.
12. Warranty Disclaimers
To the fullest extent permitted by applicable law, the Avo Services are provided “as is” and “as available,” without warranties of any kind—whether express, implied, statutory, or otherwise.
Nexera Limited (doing business as Avo) expressly disclaims all warranties and representations, including but not limited to:Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;Warranties arising from course of dealing, course of performance, or usage of trade; andAny warranties regarding the accuracy, reliability, completeness, timeliness, or availability of the Services, content, scoring systems, or any recommendations provided therein.
Without limiting the foregoing, we do not warrant or represent that:The Services will meet your expectations, health objectives, or specific use case;The Services will operate uninterrupted or error-free;Any content, analytics, recommendations, or scores are complete, scientifically validated, or appropriate for your individual health circumstances; orAny defects, inaccuracies, or vulnerabilities will be identified or corrected.
You acknowledge and agree that your use of the Services—including decisions made in reliance on Avo Scores, ingredient risk flags, product ratings, or any other food-related information—is at your sole discretion and risk. Avo does not provide medical, nutritional, or legal advice, and the Services are not a substitute for consultation with qualified professionals.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on consumer rights. In such cases, the above exclusions apply only to the maximum extent permitted by law.
13.Medical Disclaimers
The Services are intended solely for informational and educational purposes. Avo does not offer medical advice, diagnosis, treatment, or healthcare services. No part of the Services should be construed as a substitute for professional medical advice or clinical judgment.
By using the Services, you expressly acknowledge and agree that:Nexera Limited (doing business as Avo) is not a licensed medical or healthcare provider;The Services do not constitute medical or health advice and are not intended to diagnose, treat, cure, or prevent any disease or condition;The content provided through the Services—including Avo Scores, ingredient warnings, product risk profiles, or any food-related recommendations—is general in nature and may not apply to your specific circumstances;You are solely responsible for verifying the suitability of any food product or ingredient in consultation with a qualified healthcare provider, especially if you have known allergies, dietary restrictions, or underlying medical conditions.
Avo does not monitor health conditions, provide individualized diagnoses, or intervene in emergencies. You should not disregard, delay, or avoid seeking medical advice from a licensed provider based on any content accessed via the Services.
Certain features or product categorizations are based on general research, publicly available data, or proprietary frameworks and are not intended as medical determinations. Reliance on any information provided by Avo is at your own discretion and risk. You are solely responsible for your use of the Services.
If you believe you may be experiencing a medical issue, consult your physician or seek emergency care immediately.
14. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless
Nexera Limited (doing business as “Avo”), its directors, officers, employees, contractors, licensors, affiliates, successors, and assigns (collectively, the “Avo Parties”) from and against any and all
claims, liabilities, losses, damages, demands, actions, investigations, penalties, costs, or expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:
Your access to, use of, or alleged misuse of the Services;Any User Content or data you submit, upload, transmit, or otherwise make available through the Services;Your breach or alleged breach of these Terms or any applicable law or regulation;Your infringement or misappropriation of any intellectual property, privacy, publicity, or other rights of any third party;Any activity occurring under your account, including unauthorized use, unless such activity was caused solely by Avo’s gross negligence or willful misconduct.
You agree to fully cooperate with the Avo Parties in the defense of any such claim and shall not settle any claim without Avo’s prior written consent, unless such settlement fully releases Avo from all liability and does not impose any obligations or admissions of wrongdoing.
Avo reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with Avo in asserting any available defenses.
This indemnity shall survive termination or suspension of your account, subscription, or use of the Services.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
NEXERA LIMITED (DBA “AVO”), NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “AVO PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH:
YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;ANY CONTENT OBTAINED FROM THE SERVICES; ORUNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AVO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, THE TOTAL LIABILITY OF THE AVO PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED:THE AMOUNT PAID BY YOU TO AVO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; ORFIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE FORM OR CAUSE OF ACTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
16. Dispute Resolution and Arbitration AgreementPLEASE READ THIS SECTION CAREFULLY. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THIS SECTION REQUIRES YOU AND NEXERA LIMITED TO RESOLVE CERTAIN DISPUTES THROUGH BINDING ARBITRATION, AND LIMITS HOW RELIEF MAY BE SOUGHT FROM EACH OTHER.
16.1 Agreement to ArbitrateTo the fullest extent permitted under applicable law, you and Nexera Limited (dba “Avo”) agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, your access to or use of the Services, or the relationship between you and Avo (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), including disputes relating to privacy or data practices (collectively,
“Disputes”), shall be resolved exclusively and finally through
binding arbitration in Hong Kong, except as expressly set forth below.
16.2 Exceptions to ArbitrationThe following Disputes are not subject to this arbitration agreement:Claims that qualify for resolution in a small claims tribunal or equivalent under Hong Kong law;Claims seeking injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights;Claims for which arbitration is expressly prohibited by applicable law.
16.3 Initial Dispute Resolution – Informal NegotiationBefore initiating arbitration, you agree to first attempt to resolve the Dispute informally by notifying us in writing at
legal@getavo.co. Your notice must include your full name, email address, mailing address, and a detailed description of the Dispute.
We will attempt to resolve the Dispute within
thirty (30) days of receiving your notice. If the Dispute is not resolved within that period, either party may commence arbitration.
16.4 Arbitration ProceduresThe arbitration shall be administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules then in force, as modified by these Terms. The arbitration shall be conducted in English, before a single, neutral arbitrator appointed under the HKIAC Rules. Unless otherwise agreed, the arbitration will take place in Hong Kong, though it may be conducted virtually (e.g., via videoconference) at the discretion of the arbitrator.
The arbitrator shall have the authority to grant any remedy available under applicable law, subject to the limitations set out in these Terms.
16.5 Mass Arbitration ClauseIf twenty-five (25) or more similar claims are submitted to arbitration against Avo by the same law firm or group of coordinated counsel within a 90-day period (a “Mass Arbitration”), the following procedures shall apply:
Initial Bellwether Phase: Up to ten (10) individual arbitrations shall proceed first, selected at random or by agreement.Stay of Remaining Cases: All remaining cases shall be stayed until the bellwether phase is complete.Mediation Option: Following the bellwether phase, the parties shall meet in good faith mediation (facilitated by HKIAC) to explore potential global resolution.No Class Treatment: The arbitrator shall not preside over or consolidate claims into a class, collective, or representative proceeding.Administrative Coordination: HKIAC may implement administrative efficiencies to manage Mass Arbitration filings while ensuring procedural fairness.
This Mass Arbitration procedure is intended to ensure just, efficient, and proportionate resolution of claims.
16.6 Class Action and Jury Trial WaiverTo the fullest extent permitted by law, you and Avo agree that all Disputes shall be resolved on an individual basis only, and not in any class, consolidated, or representative action. You expressly waive any right to participate in a class action, class arbitration, or collective proceeding.
To the extent a jury trial waiver is enforceable under Hong Kong law, you also waive any right to a jury trial.
16.7 Governing Law for ArbitrationThis arbitration agreement and any arbitration shall be governed by the Arbitration Ordinance (Cap. 609) of Hong Kong, and, to the extent applicable, Hong Kong law. The arbitrator shall apply the substantive laws of Hong Kong unless otherwise required by applicable consumer protection laws.
16.8 Opt-Out ProcedureYou may opt out of this arbitration agreement by sending a written notice to
legal@getavo.co within
thirty (30) days of first agreeing to these Terms. Your opt-out notice must include:
Your full name and email address associated with your Avo account;A clear statement that you are opting out of this arbitration clause.
If you opt out, all Disputes shall be resolved exclusively in the
Hong Kong courts, in accordance with Section 17 (Governing Law and Venue).
16.9 SeverabilityIf any provision of this Section 16 is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. However, if the waiver of class actions or representative claims is found to be unenforceable, then the entirety of this Section 16 shall be null and void.
17. Governing Law and Venue
These Terms, and any Dispute (as defined in Section 16) arising out of or relating to these Terms, the Services, or any relationship or interaction between you and
Nexera Limited (dba “Avo”), shall be governed by and construed in accordance with the
laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of laws rules.
If a Dispute is found by a court of competent jurisdiction or arbitrator to be excluded from the arbitration agreement set forth in Section 16—or if you validly opt out of arbitration under Section 16.8—then the Dispute shall be resolved
exclusively in the courts of Hong Kong, and you and Avo each irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or forum non conveniens.
Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction with mandatory consumer protection laws (such as the European Union, United Kingdom, or Australia), the laws of your country of residence may apply and courts in your jurisdiction may have authority to resolve the Dispute, but only to the extent required by applicable law.
18. Modifications and Termination of Services18.1 Modifications.Avo reserves the right, in its sole discretion, to modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, with or without notice, including for the purpose of improving functionality, enhancing security, addressing technical issues, or complying with applicable law. We will endeavor to provide advance notice of material changes that adversely impact the core functionality of the Services, unless doing so is impractical or prohibited by law.
18.2 No Liability for Modifications.To the fullest extent permitted by law, Avo shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any feature or part thereof. Your sole remedy in the event of dissatisfaction with any modification or discontinuation of the Services is to cease use and, if applicable, terminate your account.
18.3 Termination by You.You may terminate your use of the Services at any time by deleting your account through the in-app settings or by contacting us at
support@getavo.co. Termination of your account does not automatically cancel any paid subscriptions; you are responsible for managing subscription cancellations as outlined in Section 4.
18.4 Termination by Avo.Avo may, at its sole discretion, suspend or terminate your access to the Services, or deactivate or delete your account, at any time and without prior notice, including but not limited to the following circumstances:Violation of these Terms or any incorporated policy;Conduct that exposes Avo or other users to legal risk;Extended periods of inactivity;Use of the Services in a manner that interferes with Avo’s operations or its other users;Fraudulent, abusive, or unlawful activity;Nonpayment of fees owed (where applicable).
18.5 Effect of Termination.Upon any termination of your account or access to the Services for any reason:Your right to use the Services will immediately cease;All licenses granted to you under these Terms will terminate;Certain provisions of these Terms that by their nature should survive termination (including but not limited to Sections 6, 13, 14, 15, 16, 17, and 21) shall survive and remain in full force and effect.
19. Changes to These Terms19.1 Right to Modify.Avo reserves the right, in its sole discretion, to modify or update these Terms at any time to reflect changes in legal requirements, business practices, or the functionality of the Services. Unless otherwise required by law, we will notify you of material changes by posting the updated Terms on our website or within the Services, or by other reasonable means such as email or in-app notifications.
19.2 Effective Date of Changes.Unless otherwise stated in the notice, updated Terms will take effect immediately upon posting. Your continued use of the Services following the effective date of any changes constitutes your acceptance of the revised Terms.
19.3 Declining Updated Terms.If you do not agree to the updated Terms, you must stop using the Services and, if applicable, delete your account. Terminating your use of the Services is your sole remedy for any dissatisfaction with the updated Terms.
19.4 Disputes Governed by Prior Terms.Except as otherwise specified in Section 16 (Arbitration) or where prohibited by law, any Dispute that arises prior to the effective date of updated Terms will be governed by the version of these Terms in effect at the time the Dispute arose.
20. Miscellaneous20.1 Entire Agreement.These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire and exclusive agreement between you and
Nexera Limited (doing business as “Avo”) with respect to the Services, and supersede all prior or contemporaneous understandings, agreements, communications, and proposals, whether oral or written.
20.2 Severability.If any provision of these Terms is found to be unlawful, invalid, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permissible and shall be severed from these Terms to the extent of such invalidity or unenforceability. The remaining provisions will remain in full force and effect.
20.3 No Waiver.Avo’s failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision or any other provision at any time thereafter. Any waiver must be in writing and signed by an authorized representative of Avo.
20.4 Assignment.You may not assign, delegate, or transfer your rights or obligations under these Terms without Avo’s prior written consent. Any attempted assignment without such consent will be null and void. Avo may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.
20.5 No Third-Party Beneficiaries.Except as expressly stated herein (including Apple Inc. under the iOS EULA), these Terms do not create any third-party beneficiary rights.
20.6 Governing Language.These Terms and all related documentation, communications, and notices are made and will be interpreted in the English language. Any translations are provided for convenience only; in the event of a conflict, the English version shall prevail.
20.7 Electronic Communications.You agree that communications and transactions between you and Avo may be conducted electronically, and that such electronic communications shall satisfy any legal requirement that such communications be in writing.
20.8 Force Majeure.Avo shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or power failures.
21. Contact Information
If you have any questions, concerns, or requests related to these Terms, your account, or the Services, you may contact us at legal@getavo.co
iOS Minimum Terms for Custom EULA
The following provisions apply if you access or use the Avo mobile application on an Apple Inc. (“Apple”) branded device. These Terms, including this section, constitute a custom End User License Agreement (EULA) for purposes of Apple’s developer policies. You acknowledge that Apple’s standard EULA does not apply.
Acknowledgement
These Terms are concluded solely between you and Nexera Limited (dba Avo), not with Apple. Avo, not Apple, is solely responsible for the app and its content.
Scope of License
The license granted under Section 6 of these Terms is limited to a non-transferable license to use the Avo app on any Apple-branded product that you own or control, consistent with the Apple Usage Rules set forth in the App Store Terms of Service. The app may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support
Avo is responsible for providing maintenance and support for the app as described in these Terms or as required under applicable law. Apple has no obligation to provide any maintenance or support services for the app.
Warranty
To the extent any warranty exists that has not been effectively disclaimed under Section 17, and the app fails to conform to such warranty, you may notify Apple for a refund of the app’s purchase price (if any). To the maximum extent permitted by applicable law, Apple has no further warranty obligation with respect to the app.
Product Claims
Subject to Section 18 of these Terms, Avo—not Apple—is responsible for addressing any claims by you or a third party relating to the app or your possession and/or use thereof, including:(i) product liability claims;(ii) claims that the app fails to comply with any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection or similar laws.
Intellectual Property Rights
Subject to Section 18, in the event of a third-party claim that the app or your use of the app infringes intellectual property rights, Avo—not Apple—is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Legal Compliance
You represent and warrant that:(i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and shall be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
22. Force Majeure
Nexera Limited (dba Avo) shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of God, war, civil unrest, government action, labor disputes, internet or telecommunications failures, electrical outages, or other force majeure events.
23. Data Protection and System Integrity
We dedicate significant resources to secure and maintain Avo’s proprietary scoring methodologies, product databases, and internal systems. Any unauthorized access, reproduction, redistribution, scraping, or republication of Avo Proprietary Content is strictly prohibited.
You agree not to use bots, scrapers, crawlers, or any automated means to access, extract, or store data from Avo without prior written consent. Any attempt to hack, reverse-engineer, or disrupt our platform or systems will result in immediate termination of your access and may expose you to civil or criminal liability. We reserve the right to investigate and pursue legal remedies in all such cases.
24.
Global AddendumA. Rights That Cannot Be Excluded
If local law in your jurisdiction confers consumer guarantees or protections that cannot be excluded, restricted, or modified, nothing in these Terms affects those rights. For example, if you are located in Australia, these Terms are subject to the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
B. Modifications that Impact Service Terms
If Avo materially changes or discontinues any part of the Service in a way that significantly disadvantages you or alters the contractual balance, you may object and terminate your subscription. In such cases, you may be entitled to a prorated refund for the unused portion of your subscription.
C. Governing Law for Consumers
If you are an individual consumer and your jurisdiction:(i) requires contracts to be governed by your local law, or(ii) prohibits exclusive jurisdiction clauses,then these Terms will be governed by your local law and adjudicated in your local courts to the extent required. For users in India, if arbitration is not applicable, courts in Bangalore shall have exclusive jurisdiction.
D. Alternative Indemnity (Australia)
If you are located in Australia, Section 19 (Indemnity) shall not apply. Instead, you agree to indemnify Avo for claims arising out of your breach or infringement of third-party rights, to the extent permitted by Australian law.
E. Arbitration Exemption (Canada and Others)
Where class-action waivers or mandatory arbitration clauses are unenforceable (e.g., in Canada), Section 20 (Arbitration) shall not apply. Disputes shall instead be resolved in the courts of New Castle County, Delaware, or as otherwise required by local law.
F. Language
These Terms are provided in English. Translations are for convenience only. In the event of conflict, the English version shall control.
