Terms and Conditions

I. General Conditions

A. Welcome to Avlory.com! These Terms and Conditions (“Agreement”, “Terms and Conditions”, or “Terms”) outline the rules and restrictions that govern your access of the website Avlory.com (the “Site”) as owned by the business entity Avlory (“Avlory”, “we”, “us”, “our”). Avlory.com is a portal for Avlory to communicate its activities with users and to provide a central point of access for all products owned and hosted by Avlory, including but not limited to mobile applications and external websites (“Avlory Products”). Avlory Products may be governed by their own individual Terms of Service and Privacy Policy; in order to access the services of an Avlory Product you must agree to its individual Terms of Service and Privacy Policy. In the event of a dispute or discrepancy between these documents, the individual Terms of the applicable Avlory Product shall govern.

II. Acceptance of Terms

A. These Terms and Conditions apply to all “Users" (Individuals who access the Site). By clicking “I Agree” or accessing the Site, you confirm that you have read this Agreement and agree to be bound by our Terms and Conditions and Privacy Policy. We reserve the right to modify our Terms and Conditions and Privacy Policy at any time. For material changes, we will provide a reasonable notice by posting a notification on the Site detailing the effective date. Non-material changes, such as clarifications or corrections, will be reflected by the “Last Updated” date at the top of this page. Your continued usage of the Site following this notice period will constitute your acceptance of the revised Terms. If you do not agree to these Terms, you may not use this Site or have access to its services.

III. Access

A. We reserve the right to modify the Site at any time, in whole or in part, at our sole discretion. We will not be liable if the Site is unavailable or restricted for Users for any period of time.

IV. Description of the Services

A. The Site provides a range of resources and services for the User, including but not limited to:

1. Registration and management of the User’s Avlory account.
2. A portal for purchasing and managing subscriptions to Avlory Products.
3. Management of the User’s data privacy settings, including cookie preferences, data deletion, and account deletion.
4. Links to download Avlory’s applications.
5. Channels of communication with Avlory’s customer service.
6. An interactive bug board for Users to submit notice of product errors to Avlory’s development team.
7. Provision of information related to Avlory as a business entity, such as our roadmap, values, and employee profiles.
8. A log of our development updates, product launches, and business news.
9. Descriptions of Avlory Products, including commonly asked questions and their comparisons with market competitors.
10. Statements on our privacy philosophy and practices for maintaining security.
11. Terms of Service and Privacy Policy for all of Avlory’s products and services.

V. Your Use and Access of the Services

A. You agree that you will not use the Services for any purpose in violation of these Terms and Conditions or any applicable state or federal law. By accessing the Site, you agree to interact respectfully with the Site's infrastructure. You agree that you will not:

1. Use the Site’s Services for fraudulent purposes, including but not limited to the impersonation of a person or entity, the creation of automated accounts (bots), or the falsification of identifying information such as date of birth.
2. Attempt to decrypt, disassemble, reverse-engineer, decipher, bypass, or circumvent any software utilized by Avlory or its third party partners.
3. Attempt to use any data extraction methodologies or tools including but not limited to automated scripts, spiders, scrapers, deep links, or web harvests to access, monitor, or collect any data related to Avlory’s Services or its Users.
4. Attempt to overload Avlory’s software or servers with techniques including but not limited to spamming, crashing, spoofing, flooding, or mail bombing.
5. Attempt to damage, disrupt, or interfere in any way with the proper performance of Avlory’s services through the use of any algorithm, device, file, or any destructive technology including but not limited to viruses, time bombs, worms, Trojan horses, or cancelbots.
6. Attempt to utilize any engine or tool to search or navigate Avlory’s services, except those made available by Avlory or via generally available third-party web browsers.
7. Attempt unauthorized entry into Avlory’s backend or interfaces intended to be inaccessible to Users of the Services.
8. Post content intended to harass, bully, intimidate, threaten, or discriminate against any individual, User, or Avlory associate.
9. Post content infringing on the intellectual property, privacy, or other rights of any third party.
10. Post content promoting or facilitating illegal activity.

B. User responsibilities include but are not limited to:

1. Monitoring your own activity to ensure compliance with the Terms of this Agreement.
2. Protecting the confidentiality of your own password and identifying information. You may not share login credentials with any other individual or third party unauthorized by Avlory. You are responsible for any account action taken by unauthorized users.
3. Tracking one’s own purchases and status of your subscriptions to Avlory Products.

VI. Account Registration and Usage

A. Registration: Through the Site, you may register for an account with Avlory (“Avlorian Account”, your “Account”). An Avlorian Account is a central, unified login which is used across all of Avlory’s software products. When you register your Account on any Avlory product (such as Avlory.com or the Waverate mobile app), your unique username, password, and email address are automatically assigned to your Avlorian Account. This allows secure, password-synchronized Single Sign-On (SSO) access to all present and future Avlory ecosystem platforms. Optionally, you may register for your Avlorian Account using your Google or Apple Sign In credentials (See more under “Third-Party Services”).

B. Dashboard: After registering your Avlorian Account, you can access and manage your account details on your Dashboard at https://avlory.com/dashboard. Here you may view your linked apps and services, make purchases, manage subscriptions, view your account credentials, manage your data, and delete your account.

VII. Subscription Terms and Purchases

A. Through your Avlorian Account Dashboard, you may manage your purchases, including one-time purchases and subscriptions to Avlory Products and services. You may make purchases through Avlory.com or directly through an Avlory product’s platform. When making a purchase through an Avlory product’s platform, its subscription terms shall be governed by that product’s individual Terms of Service.

B. Refundability: All purchases are non-refundable except where required by applicable law.

C. Cancellation: You may cancel your subscriptions at any time in your Dashboard. Upon cancellation, you will retain access to the subscription services until the end of the current paid term, after which your subscription will end and you will not be charged. You will not receive a refund upon cancellation.

D. Auto-Renewal: At the time of purchasing a subscription to an Avlory product, we will ask for your express affirmative consent for the automatic renewal of your subscription. You will not be charged beyond the chosen term unless you consent to auto-renewal. By enrolling in auto-renewal, your account will be charged monthly without notification or subsequent User approval until you choose to cancel your subscription. You may be prompted to choose your preferred monthly billing date. You agree that all payment information is accurate and up-to-date. In the event of a failed payment, Avlory reserves the right to suspend your access to subscription services.

E. Changes to the Services: Avlory reserves the right to introduce new available purchases, products, subscription tiers, or to adjust the price of existing paid Services at any time. In the event that we adjust the price of your premium subscription, a direct notice will be provided via email with the choice to affirmatively consent to price changes. After this notice, you will be given 30 days to accept the new price. If you do not accept the new price, your subscription will automatically expire and you will not be charged the increased amount. If you have made a one-time purchase, you will retain access to the Service and you will not be charged in the event its price is adjusted.

VIII. Third-Party Services

A. Avlory uses third-party providers to facilitate the accessibility of its products and services to Users. Avlory is not liable in the event that its third-party partners experience breaches of security, interruptions of service, or data errors. Avlory disclaims all liability for any loss or damages caused indirectly or directly by your interaction with third-party providers.

B. Infrastructure and Hosting: Avlory uses Firebase for account authentication, database hosting, and analytics. We also use Cloudflare for website hosting, content delivery, security, and email routing services.

1. Your use of Firebase services is subject to Google's Terms of Service (policies.google.com/terms) and Privacy Policy (policies.google.com/privacy).
2. Your use of Cloudflare's services is subject to Cloudflare's Terms of Service (cloudflare.com/terms) and Privacy Policy (cloudflare.com/privacypolicy).

C. Account Linking: The Site offers the option to register for an Avlorian Account using your Google or Apple account credentials. Avlory does not receive or store your Google or Apple account password. By linking a third-party account, you authorize Avlory to access certain account information (such as your name and email address) solely for the purposes of account creation and authentication.

1. Your use of Google Sign-In is subject to Google’s Terms of Service (policies.google.com/terms) and Privacy Policy (policies.google.com/privacy).
2. Your use of Apple Sign In is subject to Apple's Terms of Service (apple.com/legal/internet-services/terms/site.html) and Privacy Policy (apple.com/legal/privacy).

D. Payment Processing: Avlory uses third-party payment processors RevenueCat and Stripe to facilitate all transactions made through the Site, including purchases of and subscriptions to Avlory Products. Avlory does not directly collect, store, or process your payment information.

1. Your use of RevenueCat's services is subject to RevenueCat's Terms of Service (revenuecat.com/terms) and Privacy Policy (revenuecat.com/privacy).
2. Your use of Stripe's services is subject to Stripe's Terms of Service (stripe.com/legal/ssa) and Privacy Policy (stripe.com/privacy).

IX. Intellectual Property Rights

A. Unless otherwise specified, the Site and all its registered or unregistered components (collectively, the “Content”) are owned exclusively by Avlory. The Content includes but is not limited to materials, code, designs, audio, visuals, text, photographs, databases, data, confidential information, trade secrets, processes, logos, symbols, and branding. Avlory grants you a limited, non-exclusive, non-transferable license to access and use the Site for its intended purposes. The Content provided on the Site is available only for your use for purposes related to your role as a current or prospective Avlory account holder or customer. Any unauthorized use of the Content is expressly prohibited by these Terms. Unauthorized use includes but is not limited to copying, imitating, counterfeiting, modifying, distributing, publicly displaying, creating derivative works, or sharing of the Content without express permission from Avlory.

B. These Terms prohibit the infringement of any present or future copyrights, trademarks, patents, or inventions obtained by licensure. The application of Avlory’s intellectual property rights are determined by the corresponding property laws of the relevant jurisdiction.

X. Limitation of Liability and Indemnification

A. Limitation of Liability: Avlory, its owners, employees, and agents disclaim, to the fullest extent permitted by law, any tangible or intangible losses, including but not limited to damages to property, income, goodwill, data or leaks of data occurring directly, indirectly, punitively, or consequentially in connection to your usage of the Site. Avlory will not be held liable for these losses even in the event that we have been advised of the possibility of loss. If a court finds any part of this limitation of liability to be unenforceable, then the aggregate sum of our liability shall not exceed the amount you paid towards Avlory Products in the six months preceding the event at issue in your claim.

B. Indemnification: You agree to indemnify, defend, and hold harmless Avlory and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

XI. Disclaimer of Warranties

A. Avlory.com and its Services are provided on an “As-Is” and “As-Available” basis. Avlory disclaims all express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranties about the completeness of this Site, including but not limited to inaccuracies of content, reliability of data from third-party providers, damages or losses resulting from or in connection with usage of the Site, interruptions of the Services, or unauthorized access of data stored by Avlory. You acknowledge and accept the risks associated with the Services without holding Avlory liable, and will utilize your discretion to make responsible judgments.

XII. Dispute Resolution

A. Informal Resolution

1. You agree that any dispute arising out of or related to these Terms and Privacy Policy must first be initiated informally, and to attempt an informal resolution. If you initiate an informal dispute, you agree to send a Notice of Dispute to [email protected] containing a description of the dispute, your name and email address(es) associated with your account, and the specific relief sought. If Avlory initiates an informal dispute, we will send our Notice of Dispute to any available email address associated with your account. You and Avlory agree to engage in good faith participation to resolve the dispute. If the dispute cannot be solved informally 60 days after the Notice of Dispute has been received, you and Avlory agree to resolve remaining issues using the following arbitration procedures.

B. Arbitration Agreement

1. In the event that a dispute cannot be resolved informally, you and Avlory agree that the dispute will be resolved exclusively through binding arbitration procedures. Either party may initiate arbitration by filing a demand for arbitration with the American Arbitration Association. By entering this Agreement, you and Avlory, by the maximum extent permissible by law, hereby waive the right to a trial by jury on disputes related to these Terms and Conditions and Privacy Policy.
2. Arbitration shall be administered by the American Arbitration Association, a court-appointed arbitrator, or an alternative administrator whom both parties agree to.

C. Class Action Waiver

1. You and Avlory agree that any dispute arising in relation to these Terms and Conditions and Privacy Policy shall be conducted in an individual capacity only, not as a class, collective, or representative action. If this class action waiver is found to be unenforceable, then that claim shall be severed from this Arbitration Agreement and may be resolved in the jurisdictions described in the Governing Law section of these terms. If any other part of this Arbitration Agreement is found to be unenforceable, the rest of its provisions shall remain in effect.

D. Exceptions to Arbitration

1. As an alternative to arbitration, either party may resolve a dispute in a small claims court, if the dispute is within the court’s jurisdiction.

E. Opt-Out

1. You may opt out of this Arbitration Agreement and Class Action Waiver by notifying us at [email protected] within 30 days of your acceptance to these Terms. Your notice must include your name, email address associated with your Avlorian account, and a statement that you wish to opt out of the Arbitration Agreement and Class Action Waiver. If you opt out, your disputes will be resolved in court, in the jurisdictions described in the Governing Law section.

XIII. Governing Law

A. These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

XIV. Termination

A. This Agreement will apply until your account is terminated by either you or Avlory. Avlory reserves the right to terminate or indefinitely suspend your account for any violation of these Terms. Avlory reserves the right to determine, in its sole discretion, whether a violation of these Terms has occurred.

1. Termination by You: You may terminate your agreement with Avlory at any time by visiting Avlory.com/dashboard and selecting “Delete Avlorian Account Permanently”.
2. Termination by Us: We reserve the right to suspend, restrict, or terminate your account and access to Avlory Products at our sole discretion, without liability, if you violate these Terms (including Your Use and Access of the Services), engage in fraudulent activity, or if we are required to do so by law.

B. Deleting Your Profile on an Avlory Product: You may choose to delete your profile on an Avlory product, such as an app. This may be done directly through the Avlory product’s settings, or on the Site (by visiting your Dashboard and selecting “Purge Data” under the linked app profile you would like to delete). Deleting your profile on an Avlory product does not delete your Avlorian Account. Your login credentials and data associated with other Avlory Products will remain unaffected. Deleting your profile on a specific product will only delete your data related to that product.

C. Effect of Termination: If your account is terminated by us, you may not register for a new Avlorian account without our express written permission. Provisions of these Terms that, by their nature, should survive termination (such as Intellectual Property, Disclaimers, and Governing Law) shall remain in full force and effect. Upon termination of your account, your data will be handled in accordance with our Privacy Policy.