Hi, welcome to Avocado's Terms and Conditions of Use. These "Terms" of Use (“agreement”) is a legal agreement between you (“you”) and BlueSkeye AI Ltd (“Blueskeye”, “Us”) for the use of Avocado.  This is a contract between you and Blueskeye and we want you to be aware of yours and our rights before you use the Avocado application ("App" or “Avocado”). Please take some time to read these Terms of Use before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms.

Please read this agreement carefully. By downloading and using Avocado you acknowledge that you accept and agree to be bound by the terms of the agreement.  We may modify the agreement from time to time, we will notify you through the App with a new version of the agreement for you to accept if we make modifications that materially change your rights.  Your continued use of the App after an effective date of an updated version of the agreement will indicate your acceptance of the agreement as modified.

If you have any questions about these Terms or our App, please contact us at: [email protected]:

 1.AVOCADO rules and acceptance of Terms of Use

In order to use our App, you must:

1. be at least 18 years old; and
2. be a UK resident
3. be legally permitted to use the App in your country.

If you use the App, you authorize us to access, display and use certain information you make available to us.

For more information about what information we use and how we use it, please check out our Privacy Policy.

We really hope you love using Avocado, but if you want to leave, you can delete the App and the data at any time by holding down the App on your device home screen and selecting ‘delete app’.

Avocado reserves the right at its sole discretion to terminate or suspend access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

2. Medical Services Disclaimer

The company is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed doctor, physician or another qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family or fetus.

Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the app. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call NHS 111 or go to the nearest accident and emergency service immediately.

We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as violation of any ethical or moral standards applicable in your community to sexual education and related materials.

3. Types of content

There are three types of content that you will be able to access on the App:

1. Content that you upload and provide ("Your Content");
2. Content that Avocado provides ("Our Content").
3. Content that is provided by Window To The Woob ("WTTW content")

Your Content

Avocado allows you to input personal information, videos recordings of yourself, log certain information (including metrics of behaviour and symptoms). You retain all rights to such user content (“your content”) that you log and add to the Avocado app.

As Your Content is created by you, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself through the App, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

By default, the data you enter into the App will remain private and on your device. From time to time we may ask you to donate your data to help us in our mission. Once donated the data will be shared with BlueSkeye AI Ltd and managed as set out in our Privacy Policy and in line with the GDPR.

Our Content

The rest of the content on Avocado belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Avocado are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

4. Restrictions on the app

We also want our users to respect Avocado. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

5. Use at your own risk

Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.

6. Privacy

For information about how Avocado collects, uses, and shares your personal data, please check out our Privacy Policy.

7. Third-party App stores; premium services; in-app purchases

The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g.iTunes Store Terms of Use, etc.).

We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”):

1. making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”),
2. paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or
3. adding charges to your mobile carrier bill and remitting payment directly to your carrier.

Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to  Avocado are made as well as how such payments may be changed or cancelled. Your subscription to Avocado’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

8. Products parched through the App

Physical products can also be parched through the App not covered in 7.

Momentos

Payment processed by Stripe Payments Europe, Ltd. whose Terms & Conditions are available here https://stripe.com/en-gb/ssa#section_c

Production and delivery is fulfilled by Prodigi UK Ltd whose Terms & Conditions are available here  https://www.prodigi.com/terms-and-conditions/

9. Changes to the App

From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

10. Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

The terms were last updated on: 20 July 2021

It’s good to talk, email us at [email protected]