Terms of Service

1. Eligibility and accounts

1.1 You must be at least 18 years old to use the Service.

1.2 The Service is intended for business and professional use. By using the Service, you represent that you are using it for business purposes (including as a freelancer, agency, brand, or company employee).

1.3 You must provide accurate account information and keep it up to date. You are responsible for all activity on your account, including activity by team members you invite.

1.4 You are responsible for keeping your credentials secure. Notify us at security@avocadoai.co if you suspect unauthorized access.

1.5 If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

2. The Service

2.1 Avocado AI provides an AI creative workspace, including image, video, music, and voice generation, the Storyboards collaborative canvas, the Lini agent, Brand DNA extraction, and related features.

2.2 The Service routes requests to third-party AI model providers. Availability and quality of specific models depend on those providers and may change without notice.

2.3 We may add, modify, or remove features at any time. If a change materially reduces functionality of a paid plan, we will notify you and offer a reasonable remedy.

3. Subscriptions, billing, and credits

3.1 Plans and fees

We offer monthly and annual subscription plans. Current pricing is shown at avocadoai.co/pricing. Fees are stated in EUR unless specified otherwise. Applicable taxes (including VAT) may be added at checkout.

3.2 Auto-renewal

Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current rate, until you cancel. By subscribing, you authorize us and our payment processor (Stripe) to charge your payment method on each renewal date.

We send a renewal reminder email 7 days before each renewal so you have the opportunity to cancel.

3.3 Credits

Some features consume credits. Credits are included with your subscription, refresh on each billing cycle, and (unless explicitly stated) do not roll over. Credit packs purchased separately follow the terms shown at the time of purchase.

3.4 Payment

Payments are processed by Stripe. You are responsible for maintaining a valid payment method. If a charge fails, we will retry under Stripe's Smart Retry policy. If all retries fail, your subscription may be canceled and access suspended.

3.5 Cancellation

You may cancel your subscription at any time through your account settings or the customer billing portal linked from your invoices. Cancellation stops future renewals; it does not retroactively refund the current billing period.

3.6 Refunds

Subscriptions are non-refundable except where required by applicable law, or at our sole discretion (for example, in cases of clear billing error or duplicate charge).

3.7 Consumer right of withdrawal (EU/EEA, where applicable)

Where EU consumer protection law grants a 14-day right of withdrawal for digital services, you expressly request and consent that the Service begins immediately upon subscription, and you acknowledge that you lose your right of withdrawal once we begin providing the Service (in line with Article 16(m) of the EU Consumer Rights Directive). This applies only to consumers; B2B users are not covered by these rights.

3.8 Disputes and chargebacks

If you believe a charge is incorrect, contact us at billing@avocadoai.co before filing a chargeback with your bank or card issuer. We aim to resolve billing issues within 5 business days.

Filing a chargeback for a charge that was authorized (including auto-renewal of a subscription you did not cancel) is a breach of these Terms. In such cases, we reserve the right to:

• Suspend or terminate your account;
• Recover the disputed amount, plus chargeback fees imposed on us, through any lawful means;
• Refuse future service.

This clause does not limit your rights under applicable consumer protection law.

4. Your content

4.1 "User Content" means any text, images, video, audio, brand assets, URLs, prompts, and other materials you upload, submit, or generate through the Service.

4.2 You retain ownership of User Content you upload. You grant Avocado AI a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display User Content solely as needed to provide the Service to you and your team.

4.3 You represent that you have all necessary rights to upload your User Content and that it does not infringe the rights of any third party.

4.4 We may remove User Content that violates these Terms or applicable law, or in response to a valid legal request.

5. Generated output

5.1 "Generated Output" means content created when you use the Service to generate images, video, audio, text, or other materials.

5.2 Subject to your compliance with these Terms and the underlying model providers' terms, you own the Generated Output you create and may use it for personal or commercial purposes.

5.3 Because models are probabilistic and shared across many users, similar or identical outputs may be generated by other users. We do not guarantee uniqueness.

5.4 Generated Output may not be eligible for copyright protection in some jurisdictions. We make no representation that Generated Output is free from third-party rights, and you are responsible for evaluating each use case before publishing or commercializing.

5.5 You are solely responsible for the use of Generated Output, including ensuring compliance with advertising standards, platform policies, publicity rights, and applicable law.

6. Acceptable use

You agree not to use the Service to:

• Generate content that is illegal, defamatory, harassing, or that incites violence or hatred;
• Generate sexually explicit content involving minors, non-consensual sexual content, or any content that exploits or endangers minors;
• Generate content that infringes the intellectual property, publicity, or privacy rights of others;
• Impersonate real people or generate misleading deepfakes without clear consent and disclosure;
• Generate content intended to mislead, defraud, or impersonate Avocado AI, our partners, or other users;
• Reverse-engineer, scrape, or attempt to extract source code, model weights, or proprietary data from the Service;
• Resell, sublicense, or redistribute access to the Service without our written agreement (this does not prevent agencies from delivering Generated Output to clients);
• Circumvent rate limits, credit limits, fraud controls, or security measures;
• Use the Service to train competing AI models;
• Upload malicious code or use the Service to disrupt other systems.

We reserve the right to suspend or terminate accounts that violate this section, and to cooperate with law enforcement where required.

7. Third-party model providers

7.1 The Service uses third-party AI providers (including OpenAI, Anthropic, Google, fal.ai, Replicate, ElevenLabs, and others). When you use a model, you also agree to that provider's applicable usage policy.

7.2 We are not liable for outages, errors, or content moderation decisions of third-party providers. If a provider becomes unavailable, we will use reasonable efforts to offer comparable alternatives.

8. Intellectual property

8.1 The Service, including software, design, branding, documentation, and the Avocado AI name and logo, is owned by Narius OÜ and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 You may not use our trademarks without our prior written consent.

8.3 Feedback you provide about the Service is non-confidential, and we may use it without obligation to you.

9. Confidentiality

Each party agrees to protect the other's non-public information disclosed in connection with the Service with at least the same care as its own confidential information, and to use it only to perform under these Terms.

10. Disclaimers

10.1 The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

10.2 We do not warrant that Generated Output will be accurate, lawful, free from bias, suitable for any specific purpose, or free from third-party claims.

10.3 You are responsible for evaluating Generated Output before relying on or publishing it.

11. Limitation of liability

11.1 To the maximum extent permitted by law, Avocado AI and Narius OÜ will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Service, even if advised of the possibility.

11.2 Our total aggregate liability for any claim arising out of or related to these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the event giving rise to the claim, or (b) EUR 100.

11.3 Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for gross negligence, willful misconduct, or, where applicable, death or personal injury caused by negligence).

12. Indemnification

You agree to defend, indemnify, and hold harmless Narius OÜ and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your User Content, (b) your use of Generated Output, (c) your breach of these Terms, or (d) your violation of any law or third-party right.

13. Suspension and termination

13.1 You may terminate your account at any time by canceling your subscription and deleting your account in settings.

13.2 We may suspend or terminate your account, with or without notice, if you breach these Terms, if required by law, or to protect the Service, our users, or third parties from harm or fraud.

13.3 On termination, your right to use the Service ends immediately. We may delete your User Content and Generated Output after a reasonable period in line with our Privacy Policy.

13.4 Sections that by their nature should survive termination (including 4.2, 5, 8, 10, 11, 12, 13.4, and 15) survive.

14. Changes to the Terms

We may update these Terms from time to time. The "Last updated" date reflects the latest version. For material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Governing law and dispute resolution

15.1 These Terms are governed by the laws of the Republic of Estonia, without regard to conflict-of-laws rules.

15.2 Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Estonia (Harju County Court as court of first instance), unless otherwise required by mandatory consumer protection law of your country of residence.

15.3 Before filing any formal claim, the parties agree to attempt good-faith resolution by contacting legal@avocadoai.co.

16. Miscellaneous

16.1 Entire agreement. These Terms, together with our Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Avocado AI.

16.2 Severability. If any provision is found unenforceable, the remaining provisions stay in effect.

16.3 No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

16.4 Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Force majeure. Neither party is liable for failure or delay caused by events beyond reasonable control (including natural disasters, war, civil disturbance, government action, internet or third-party provider outages).

16.6 Notices. Notices to you may be sent to your account email. Notices to us must be sent to legal@avocadoai.co.

17. Contact