Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using Avocad (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of Service

Avocad is an AI-powered creative studio that provides the following services:

• Analyzing brand identities from websites and other digital assets
• Generating professional advertising content using artificial intelligence technology
• Creating customized ad creatives based on brand analysis
• Managing creative sessions and assets

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. Eligibility and User Accounts

3.1 Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Account Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Create, upload, or distribute content that infringes on any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Generate misleading, deceptive, or fraudulent advertising content
• Produce content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Submit URLs or content from websites you do not own or have authorization to use
• Create content that promotes illegal activities, violence, discrimination, or hatred
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service for any purpose that is unlawful or prohibited by these Terms
• Use automated means (bots, scrapers, etc.) to access the Service without our express permission
• Resell, redistribute, or sublicense the Service without our prior written consent

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to any content you submit, upload, or provide to the Service ("User Content"), including but not limited to logos, images, brand assets, website URLs, and other materials. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, adapt, and display your User Content solely for the purpose of providing and improving the Service.

5.2 AI-Generated Content

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the AI-generated content created through your use of the Service ("Generated Content") for your personal and commercial purposes.

You acknowledge and agree that:

• Generated Content is produced by artificial intelligence and may not be eligible for copyright protection in all jurisdictions
• Similar or identical content may be generated for other users based on similar inputs
• We do not guarantee that Generated Content will be unique, original, or free from third-party claims
• You are solely responsible for reviewing Generated Content before use and ensuring it is appropriate for your intended purpose

5.3 AI Training and Improvement

You acknowledge and agree that we may use anonymized and aggregated data derived from your use of the Service to improve our AI models and the Service. We will not use your identifiable User Content to train AI models that would be made available to other users without your consent.

5.4 Avocad Intellectual Property

The Service, including all software, technology, designs, trademarks, service marks, logos, and other intellectual property related to Avocad, are owned by or licensed to us. Nothing in these Terms grants you any right to use our trademarks, logos, or other branding without our prior written consent.

6. AI-Specific Disclaimers

YOU ACKNOWLEDGE AND UNDERSTAND THAT:

• No Guarantee of Accuracy: AI-generated content may contain errors, inaccuracies, or inconsistencies. We do not guarantee the accuracy, completeness, or reliability of any Generated Content.
• Third-Party Resemblance: Generated Content may inadvertently resemble existing third-party content, trademarks, or copyrighted materials. We make no representations that Generated Content does not infringe third-party rights.
• AI Limitations: AI technology has inherent limitations and may produce unexpected, inappropriate, or unsuitable results. You are solely responsible for evaluating and using Generated Content.
• Human Review Required: You should review all Generated Content before use and should not rely on the Service as a substitute for professional creative, legal, or other expert advice.
• No Endorsement: The generation of any content by the Service does not constitute our endorsement of that content or any message it may convey.

7. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to:

• Google and Firebase for authentication services
• Cloud storage providers for data storage
• AI model providers for content generation

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, and we do not endorse any third-party service.

8. Payment Terms

• Access to certain features of the Service may require payment of fees
• All fees are stated in the currency displayed at the time of purchase and are non-refundable unless otherwise specified
• You agree to provide accurate billing information and authorize us to charge your payment method for all fees incurred
• We reserve the right to change our pricing at any time, with reasonable notice provided to existing subscribers
• Failure to pay fees may result in suspension or termination of your access to paid features
• You are responsible for all applicable taxes associated with your use of the Service

Refund requests will be handled on a case-by-case basis at our sole discretion. We may provide refunds or credits in cases of service malfunction or other circumstances we deem appropriate.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements or expectations
• AI-generated content will be free from defects, errors, or third-party claims

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADCENTRA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data breach
• Loss of goodwill or reputation
• Cost of procurement of substitute goods or services
• Any damages arising from intellectual property claims related to Generated Content
• Any damages resulting from unauthorized access to or alteration of your data

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Adcentra, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights
• Any claim that your use of Generated Content infringes on third-party intellectual property rights
• Any advertising or marketing materials you create using the Service

12. Termination

You may terminate your account at any time by contacting us or using the account deletion feature if available. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and all associated data, subject to our data retention policies
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts located in Bangalore, India, and you consent to the exclusive jurisdiction of such courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Service or by sending you an email notification. The "Last Updated" date at the top of these Terms will indicate when the most recent changes were made.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
• No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at: