These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AvalynnAI, LLC ("Company," "we," "us," or "our"), governing your access to and use of the Avalynn.ai platform, including all associated services, features, tools, applications, and content (collectively, the "Service").
By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time. Changes become effective upon posting to this page with an updated "Last Updated" date. Your continued use of the Service after modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
Avalynn.ai is a private, invite-only platform that provides access to intelligent tools, infrastructure, and integrated capabilities designed for builders, researchers, and creators. The Service may include, but is not limited to:
The Service is continuously evolving. We may add, modify, suspend, or discontinue any part of the Service at any time without prior notice. Where the Service facilitates access to third-party AI models, we act as an intermediary and do not develop, train, or control those underlying models.
3.1 Eligibility. You must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.
3.2 Invite-Only Access. The Service is currently available on an invite-only basis. We reserve the right to accept, deny, or revoke invitations at our sole discretion, without obligation to provide a reason.
3.3 Account Creation. You must provide accurate, complete, and current information during registration. You are responsible for maintaining the accuracy of your account information at all times.
3.4 Account Security. You are solely responsible for safeguarding your account credentials, including your password, API keys, access tokens, and any other authentication materials associated with the Service. You must immediately notify us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to secure your account.
3.5 One Person Per Account. Each account is for a single individual. You may not share your account credentials with any other person or entity.
4.1 Your Inputs. You retain all rights to the content, prompts, text, images, files, and other materials you submit to the Service ("User Inputs"). You are solely responsible for the legality, accuracy, and appropriateness of your User Inputs.
4.2 AI-Generated Outputs. Subject to applicable law and the terms of any third-party providers whose models or services are used, you own the outputs generated through your use of the Service ("Outputs"), including but not limited to generated text, images, code, media, and other content. We claim no ownership over your Outputs.
4.3 License to Us. You grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, cache, and transmit your User Inputs and Outputs solely for the purpose of providing, operating, and improving the Service. This license terminates when you delete your content or account, except as required for backups, legal compliance, or audit purposes.
4.4 Third-Party Provider Terms. Certain features of the Service rely on third-party models, services, or infrastructure. Your use of AI-generated Outputs and other third-party-dependent features may be subject to the terms of service, acceptable use policies, and licensing terms of those providers. You agree to comply with such terms. It is your responsibility to review applicable third-party terms regarding ownership and permissible use of generated content.
4.5 Uploaded Assets. Files, media, and other assets you upload to the Service remain your property. We store and process them solely for the purpose of providing the Service to you. We do not access, review, sell, or use your uploaded assets except as necessary to operate the Service, enforce these Terms, or as required by law.
You agree not to use the Service to:
We reserve the right to investigate and take appropriate action against any violation of this section, including without limitation, removing offending content, suspending or terminating your account, and reporting you to law enforcement authorities.
6.1 User-Provided Credentials. The Service may allow you or your administrator to provide API keys, tokens, or credentials for third-party services. You are solely responsible for the security, proper use, and any costs associated with these credentials.
6.2 Encrypted Storage. Credentials stored within the Service are encrypted using industry-standard methods. However, no system can guarantee absolute security. You acknowledge and accept the inherent risks of storing credentials within any digital service.
6.3 Third-Party Costs. You are solely responsible for any fees, charges, or costs incurred through your use of third-party services accessed via the Service. We do not control third-party pricing and are not responsible for any charges imposed by third-party providers.
7.1 Resource Quotas. User accounts are subject to storage, usage, and resource limits as determined by account type and as published in the Service. We may modify these limits at any time.
7.2 Data Retention. We will retain your uploaded data for as long as your account remains active. Upon account deletion, your data will be permanently removed within 30 days, except where retention is required by law or for legitimate audit purposes.
7.3 Usage Tracking. The Service tracks usage metrics for resource management and billing purposes. Usage data is associated with your account and may be visible in your account settings or dashboard.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
9.1 "As Is" Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.2 AI Output Accuracy. AI-generated content may be inaccurate, incomplete, biased, misleading, or inappropriate. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED OUTPUT. You are solely responsible for reviewing, verifying, and validating all Outputs before any use or reliance thereon.
9.3 No Professional Advice. The Service does not provide legal, financial, medical, or other professional advice. Any content generated through the Service should not be treated as a substitute for professional consultation.
9.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVALYNNAI, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY AI-GENERATED OUTPUT OR CONTENT; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THIRD-PARTY ACTIONS OR INACTIONS; (E) SERVICE INTERRUPTIONS, DOWNTIME, OR DATA LOSS; OR (F) ANY OTHER MATTER RELATED TO THE SERVICE.
9.5 Maximum Liability. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless AvalynnAI, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) your User Inputs or Outputs; (e) any claim that your use of the Service caused damage to a third party; or (f) your use of third-party services accessed through the Service.
11.1 By You. You may terminate your account at any time by contacting us at legal@avalynn.ai or through available account settings within the Service.
11.2 By Us. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including but not limited to violation of these Terms, suspected fraud, extended inactivity, or any conduct we deem harmful to the Service or other users.
11.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. We may delete your account data, including uploaded files, within 30 days of termination unless retention is required by law. Sections that by their nature should survive termination shall survive, including Sections 4, 5, 9, 10, 12, and 13.
12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
12.2 Arbitration. Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in the English language. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
12.3 Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12.4 Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
13.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and representations.
13.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.
13.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
13.5 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet outages, or third-party service failures.
13.6 Contact. For questions about these Terms, contact us at: legal@avalynn.ai