Greetings from Avocadolist team!
We invite you to use our website and Avocadolist application hosted in the App Store, Play Market, and use Avocadolist services (hereinafter collectively called - Avocadolist or service), but please note that our offer is valid only if you are familiar and agree with these Terms of service. This document describes in detail your and our rights in respect of the Service, so you should carefully review them.
Avocadolist - it is a tool to create, manage and share shopping lists. Avocadolist allows you to electronically create lists,fill list of goods, create geoposition and time reminders and more. Avocadolist can be used on devices around the world, and on most of the traditional and modern operating systems.
1. Scope: to whom and what these terms apply?
- 1.1 These Terms of Service constitute the agreement between you and us. Terms include provisions set forth in this document and other conditions, which may be provided by us and to be accepted by you at any point in time with respect to individual services. If you do not agree to these Terms of Service, it deprives you of the right to access and use Avocadolist. By signing up to Avocadolist, using it in any other way, you agree to the Terms of Service and agree to abide this agreement, which is binding.
2. Purpose of the Agreement: Avocadolist offers
2.2 Avocadolist will be available for use ( "uptime") 24 hours a day, 365 days a year with a 97% availability in average. If maintenance work is necessary and if Avocadolist unavailable for maintenance, we will promptly inform you. Failures in Avocadolist for maintenance reasons will not be counted as part of the average percentage of system uptime. We will not be held responsible for internet access, network-related downtime and, in particular, downtime, which Avocadolist may not be available due to technical or other problems outside of our sphere of influence, for example, force majeure, the fault third parties.
- 2.1 The purpose of this agreement is paid or free used functions in Avocadolist applications, which can be obtained by www.avocadolist.com as web - app or via mobile applications in their respective supermarkets. All data is stored in the cloud, and thus, can be obtained at any time using different types of applications or web application. In what form and on what devices you can use Avocadolist described in www.avocadolist.com.
Avocadolist offers for different tasks:
- 2.1.1 Each user has their own profile, which he can personalize by uploading the image and fill in the data.
- 2.1.2 Each user (profile) contains a variety of tools and features, as well as pre-installed lists. You can use these lists to create additional lists, and invite others to these lists. As an administrator, you are responsible for the lists that you have created, and you can decide who you want to invite for sharing lists. You can use our pre-defined theme.
- 2.1.3 You may also be invited to the lists created by other users or suppliers. List administrators are free to decide whom they invite to their lists.
- 2.1.4 You can also invite non-registered persons to Avocadolist by entering the email address or phone number.
- 2.1.5 For a fee, you can sign up for a package PLUS or PRO or PLUS. You can see the exact scope of services in the description below:
Avocadolist PLUS. Design and usability
- - 2 unique themes to choose from
- - The ability to paint the name lists
- - Synchronization
- - The ability to attach photos and comments
- - Additional choice of icons
- - Prior technical support
Avocadolist PRO. Reminders and new design
- - 5 unique themes to choose from
- - The ability to paint the name lists
- - Synchronization
- - Reminders by location
- - The ability to attach photos and comments
- - Two additional icon packs
- - Prior technical support
The basic version is free Avocadolist. Avocadolist PLUS and Avocadolist Pro offers you the possibility to share lists with friends, attach photos and comments on the lists, as well as to manage application design. In addition to more advanced designs Avocadolist Pro also allows you to create multiple reminders by location. The cost of these versions of $ 1.99 and $ 2.99, respectively.
The funds will be debited from your card through iTunes account. You have the opportunity to cancel your subscription during the 24 hours, but if the period has started, it is impossible. All subscription information can be found in your personal account settings.
3. Registration, conclusion of contracts, the use of Avocadolist: rights and obligations
- 3.1 Downoading Avocadolist
- 3.1.1 You can download Avocadolist as a web application or as a mobile application for different devices.
- 3.2 Registration, conclusion of contract
- 3.2.1 You can use Avocadolist without registration.
- 3.2.2 In order to be able to use all Avocadolist functions, you will need to register.
- 3.2.3 We offer you various options for registration. You can choose which of these options you would like to use for registration.
- 3.2.4 For registration in Avocadolist you need to provide the necessary information truthfully and fully, if they are not optional details. You must choose a username and an email address where we can contact you.
- 3.3 You can use all the functions Avocadolist free with no time limit. Using features that are not free, as the "PLUS" or "PRO" app may charge.
- 3.4 You are responsible for keeping your password confidential.
- 3.5 Rules of the Avocadolist
- 3.5.1 When using Avocadolist you must comply with all applicable laws. In particular, you can not enter and / or distribute illegal data or data that violates copyright and any other rights of third parties. Such data include, but are not limited to: text, images, charts, or links. You are solely responsible for the content and data that you provide.
- 3.5.2 You have the ability to upload a profile photo, and, as mentioned above, other content in your profile.
- 3.5.3 You may not upload any files depicting violent or pornographic, discriminatory, defamatory, racist, defamatory or otherwise illegal content or documents and / or make them available to the public. Pictures or photographs showing another people, can only be downloaded to Avocadolist only if you have the consent of this people.
- 3.5.4 The content and texts placed in Avocadolist may not be copied, distributed or made available to the public in any other way without the express consent of the copyright owner, unless it is permitted by law.
- 3.5.5 Acts of persecution, such as sending chain letters or communication of a sexual nature, or obscene are not allowed.
- 3.5.6 You can not attack the operational capacity of Avocadolist by any means, such as sending mass emails (spam); carrying out hacking attempts or brute force attacks; using or sending spyware, viruses.
- 3.5.7 In case of violation of these rules, we will have the right to issue a warning, temporarily block usage of Avocadolist or, if necessary, to fully exclude you from using it. We reserve the right to remove illegal content immediately.
- 3.5.8 Data Backup. You will take the necessary measures in accordance with its own risk assessment to regularly back up data and content that you have entered is loaded and stored on Avocadolist, as well as create their own backups to ensure data recovery and the content in case of data loss.
- 3.5.9 We are not capable of identification of users. Therefore, we can not guarantee the correct identification of any user.
4. Responsibility for the content
- 4.1 We accept no liability for text content, images, data and / or information downloaded by you or other users of Avocadolist. In addition, we do not assume responsibility for the design and / or the content of external websites referenced Avocadolist.
- 4.2 If you notice or suspect any illegal or non-contractual use of Avocadolist, you can inform us at any time at this email address: email@example.com
5. PRO and PLUS packages
Some features are only available to users who register as users and PRO PLUS, which pay for PLUS and PRO packages. In paragraph 2.1. You will find all the benefits and features PLUS and PRO packages.
- 5.1 Payment and Invoicing
- 5.1.1 User fees Avocadolist PLUS and PRO packages is made in accordance with the terms of billing. Price and discounts that apply and are accepted by all parties at the time of the transaction specified in the description of the application.
- 5.1.2 The accounts, which are provided at the beginning of each of the initial period. If you have a subscription, it will be automatically renewed until canceled. Each subsequent payment will be linked to previous payments billing cycle.
- 5.1.3 All costs and prices are include the use of value-added tax.
- 5.2 By default, your payments
- 5.2.1 If you do not stick to your payment obligations, we will have the right to block access to your PLUS and PRO packages accounts. If your account has a significant debt, we will have the right to terminate the contract without notice. A "significant" is defined as the amount of payment. In this case, you will be required to reimburse the remaining amount.
6. Validity of your license agreement and termination
- 6.1 Free use of Avocadolist
- 6.1.1 Agreement on the free use Avocadolist application is for an indefinite period.
- 6.1.2 You can terminate the contract at any time by selecting the option "Remove Application".
- 6.2 Usage of PLUS and PRO packages
- 6.2.1 Depending on the method of payment PLUS and PRO packages, the contract is for an indefinite period or for a certain fixed minimum term.
- 6.2.2 Both parties can terminate the contract at any time.
- 6.2.3 Agreement with a minimum period will run until the end of the agreed period, and will be automatically renewed for the same period, if you do not stop your subscription.
7. Limitation of Liability.
Avocadolist service is provided "as it is" to the extent permitted by law. YOU UNDERSTAND AND AGREE THAT:
- (a) You use the Service and acquire, and use ANY PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF QUALITY AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOCAOLIST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) AVOCADOLIST DOES NOT WARRANT THAT (i) THIS SERVICE WILL MEET YOUR REQUIREMENTS; (Ii) THE SERVICE WILL BE UNINTERRUPTED OPERATION, TIMELY, SECURE OR ERROR-FREE; OR THAT (iii) all ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
- (c) DOWNLOADING OF ANY MATERIAL OR RECEIVING HIS WAY THROUGH THIS SERVICE IS DONE AT YOUR SOLE DISCRETION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE USE OF ANY SUCH MATERIAL.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVOCAOLIST OR THROUGH THIS SERVICE SHALL CREATE ANY WARRANTY, EXCEPT AS EXPRESSLY STATED IN THE TERMS OF SERVICE.
- YOU UNDERSTAND AND AGREE THAT AVOCADOLIST, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, AND OUR AND THEIR OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS SHALL NOT BE LIABLE TO YOU ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES AND DAMAGES, SPECIAL BUSINESS OR EXEMPLARY PUNISHMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, USE, DATA OR INSURANCE COVERAGE OR OTHER INTANGIBLE LOSSES (EVEN IF AVOCADOLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE OR USE OF THE CODE OF POINTS OR IMPROVEMENTS AVOCADOLIST; (Ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, THE NEED FOR THAT RESULT FROM PURCHASE OR RECEIPT OF GOODS, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS BY OR UNDER THE SERVICE; (Iii) UNAUTHORIZED ACCESS TO, DAMAGE TO, ALTERATION OR LOSS OF YOUR CONTENT, DATA OR TRANSMITTED BY YOU MATERIALS, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, implementation within the service or with his help, OR ANY THIRD PARTY, provide any services in connection with PERFORMANCE OF THE SERVICE OR AVOCADOLIST MARKET; (V) ACTS OR OMISSIONS AVOCAOLIST based on your credentials, as amended, and notifications received under your ACCOUNT; (Vi) your failure to ensure the confidentiality of the password and rights to access your account information; (Vii) ACTS OR OMISSIONS OF THIRD PARTIES FROM THE USE OF THE SERVICE OR INTEGRATION WITH HIM; (Viii) ANY ADVERTISING MATERIAL OR PURCHASE OR USE OF THE PRODUCTS OR SERVICES ADVERTISED OR ANY OTHER THIRD PARTY PRODUCTS OR SERVICES; (Ix) CLOSING YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE; (X) any other circumstances associated with the service.
- 8.1. This Agreement is valid and executed by the Parties on the basis of the law of Ukraine.
- 8.2. All disputes arising in connection with these Terms and Conditions are solved exclusively in the courts of Ukraine.
- 8.3. If individual provisions of these Terms of Service will be invalid and / or would be contrary to specific provisions of the legislation, it will not affect the validity of the remaining terms of service.
- 8.4. We preserve the right to make changes and adapt these conditions for action in the future. Any questions relating to these terms, you can send to firstname.lastname@example.org