AVIL - AI Email Creator

Terms of Use

Please read these terms and conditions carefully before using our service.

Effective Date: April 15, 2025

Last Updated: April 15, 2025

1. Acceptance of Terms

By downloading, installing, or using the AVIL AI Email Creator application ("App"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the App.

2. License

AVIL LAB LLC grants you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes on devices you own or control, subject to these Terms and any applicable app store terms.

3. User Conduct

You agree not to:

4. User Content

The App may allow you to input, upload, or generate content ("User Content"). You retain ownership of your User Content. By using the App, you grant AVIL LAB LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your User Content solely for the purpose of operating and improving the App.

You are solely responsible for your User Content and represent that you have all necessary rights to grant us the license above. We reserve the right, but are not obligated, to review or remove any User Content at our sole discretion.

5. Intellectual Property

All rights, title, and interest in and to the App, including all intellectual property rights, are and will remain the exclusive property of AVIL LAB LLC and its licensors. The App contains proprietary and confidential information protected by applicable intellectual property and other laws.

Nothing in these Terms gives you a right to use our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.

6. Subscription and Billing

6.1 Subscription Services

The App may offer subscription-based services ("Subscription") that provide access to premium features. Subscription details, including pricing and billing cycle, will be displayed before you complete your purchase.

6.2 Free Trial

We may offer a free trial period for our Subscription. You will automatically be charged once the free trial period ends unless you cancel before that time.

6.3 Payment

All payments are processed by third-party payment processors (Apple App Store or Google Play Store). We do not store your payment information.

6.4 Cancellation

You can cancel your Subscription at any time through your app store account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for the unused portion of your Subscription.

7. Third-Party Services

The App may incorporate third-party services, including but not limited to OpenAI API, Google Analytics, Firebase, AdMob, Unity Ads, OneSignal, and email marketing services (Mailchimp, SendGrid). Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the content, privacy policies, or practices of third-party services. We encourage you to read the terms and policies of each third-party service that you interact with.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your information. By using the App, you consent to the data practices described in our Privacy Policy.

9. Termination

We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

10. Disclaimers

THE APP 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, OR NON-INFRINGEMENT.

AVIL LAB LLC DOES NOT WARRANT THAT:

YOU UNDERSTAND THAT THE APP USES AI TECHNOLOGY TO GENERATE CONTENT AND THAT SUCH TECHNOLOGY MAY PRODUCE INCORRECT, INCOMPLETE, OR INAPPROPRIATE OUTPUTS. YOU ARE RESPONSIBLE FOR REVIEWING AND ASSESSING ALL CONTENT GENERATED THROUGH THE APP BEFORE USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIL LAB LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP IN THE PAST TWELVE MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless AVIL LAB LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, your violation of these Terms, or your violation of any third-party rights.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms within the App or notifying you through the App. Your continued use of the App after any changes indicates your acceptance of the new Terms.

14. Dispute Resolution

14.1 Informal Resolution

If you have any concerns or disputes about the App, you agree to first try to resolve the dispute informally by contacting us at [email protected].

14.2 Arbitration

If we cannot resolve a dispute informally, you and AVIL LAB LLC agree to resolve any claims related to these Terms or the App through final and binding arbitration, except as set forth below. The arbitration will be conducted by [insert appropriate arbitration authority based on your jurisdiction].

14.3 Exceptions

Nothing in this section will prevent either party from bringing suit in court to enjoin infringement or other misuse of intellectual property rights.

14.4 Class Action Waiver

ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.

16. 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 so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AVIL LAB LLC regarding the App and supersede all prior agreements and understandings.

18. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

AVIL LAB LLC
Email: [email protected]