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, AI UGC, Flows (visual content pipelines), the Storyboards collaborative canvas, Super Agent (an AI marketing agent that can plan, create, publish, and manage content and ads for you), social publishing and comment automations, Meta Ads management, connections to third-party apps, Brand DNA extraction, the MCP server, 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 Usage allowances

AI generation credits. Used when you or Super Agent generate images, video, music, voice, or other media. Unused subscription AI generation credits roll over for up to one year. Top-up AI generation credits are valid for one year.

One-time crypto-pack AI generation credits are issued separately, do not expire under their current purchase terms, and do not include or extend a subscription or Super Agent allowance.

Super Agent allowance. Growth and Pro include a separate monthly allowance for chat, reasoning, and agent work. Reasoning does not spend AI generation credits; media the agent creates does.

Reliability safeguards. Temporary message and concurrency limits protect reliability and prevent abuse. They are not a balance and do not spend either allowance.

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

Payments are non-refundable, except in the cases below, where required by applicable law, or at our discretion (for example, a clear billing error or duplicate charge). To request a refund, email billing@avocadoai.co from your account email within the stated period.

• New subscription: full refund if requested within 7 days of your first payment for that plan and you have used fewer than 10 AI generation credits from it.
• Renewal: full refund if requested within 7 days of the renewal and you have used no credits since it renewed.
• Annual plan: the same rules apply, with a 14-day window for a new annual subscription. After that window, annual plans are not refundable, including partially.
• Top-up credits: full refund within 14 days if none of the top-up credits were used.
• Cryptocurrency purchases: final (see Section 3.10).

When we issue a refund, we remove the credits from that purchase and end the refunded plan or add-on. Refunds under this section are a goodwill measure available once per customer, and are not available for accounts suspended or terminated for breach of these Terms or after a chargeback. Credits for generations that fail on our side are returned automatically and do not count as a refund.

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

If you are a consumer in the EU/EEA or UK, you may withdraw from a new subscription or credit purchase within 14 days of purchase by emailing billing@avocadoai.co. Because you ask us to start providing the Service immediately, the refund is reduced in proportion to the credits you used before withdrawing, and nothing is refunded once all credits from that purchase have been used. This applies only to consumers; business 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.

3.9 Add-ons

Some features are sold as add-ons, such as the Operator add-on, which covers social publishing, comment automations, and Meta Ads management. Add-ons are separate subscriptions with their own price, shown before you buy. They renew, can be canceled, and are refunded on the same terms as plans in Sections 3.2 to 3.8. An add-on may require a specific plan; if you downgrade below that plan, the add-on may stop working until you upgrade again.

3.10 Cryptocurrency payments

We accept some cryptocurrencies for one-time credit packs. These packs do not include a plan, add-on, or Super Agent allowance. If you pay with cryptocurrency, you are responsible for sending the correct amount on the correct network to the address shown at checkout. Blockchain transactions cannot be reversed. Payments sent to the wrong address or network, or below the amount due, may be lost, and network fees are your responsibility. Crypto purchases are final except where applicable law requires otherwise.

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.

4.5 Portraits and likeness. If your User Content includes a photo, video, voice recording, or other depiction of a real person (including yourself), you represent that: (a) you own the depiction or have obtained that person's explicit consent to upload it and to generate AI content using their likeness or voice, and (b) where the Service requires a live identity or face-verification step before a portrait can be used, that step is completed by the actual person depicted, not by you on their behalf. You are solely and fully responsible for any claim, dispute, or liability arising from a lack of such rights or consent, and this responsibility is not reduced by our use of any third-party safeguard (such as identity verification or content-moderation checks).

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;
• Send spam, unsolicited bulk messages, or deceptive direct messages, including through comment-to-DM automations;
• Use connected accounts or ads in a way that breaks the rules of the platform they belong to (for example Meta, TikTok, LinkedIn, or Slack);
• 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 providers, connected accounts, and agent actions

7.1 The Service uses third-party AI providers (including OpenAI, Anthropic, Google, fal.ai, BytePlus, Higgsfield, Fish Audio, 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.

7.3 Connected accounts and apps. You may connect social accounts, a Meta ad account, Slack, Telegram, and other apps (such as Gmail, Google Drive, Notion, or Shopify). By connecting an account, you authorize us and our integration partners to access and act on it as needed to perform the tasks you request. You must have the right to connect each account. You also agree to the terms and policies of each platform you connect, and you remain responsible for your standing on that platform. You can disconnect an account at any time.

7.4 Agent actions. Super Agent can take actions on your behalf, such as publishing posts, replying to comments, sending direct messages, editing records in connected apps, and creating or changing ads. It does so only when you ask it to or approve the action, and you can review and cancel scheduled actions. Actions taken on your instruction or approval are your actions. You are responsible for reviewing content and settings before you approve them. AI agents can make mistakes, and we are not responsible for the results of an action you requested or approved.

7.5 Advertising. Ad spend is billed by Meta directly to the payment method on your ad account, not by us, and is not covered by your Avocado AI subscription or credits. New campaigns and ads are created paused, and turning them on requires your approval. You are responsible for your budgets, targeting, ad content, and compliance with Meta's advertising policies and applicable advertising law. We are not liable for ad spend, ad performance, or ad rejections, or for account restrictions imposed by Meta.

7.6 Automations and messaging. When you set up comment automations or other automated messages, you are responsible for their content, for having a lawful basis to message the people who receive them, and for following platform messaging rules and applicable privacy and anti-spam law.

7.7 Using Avocado AI in ChatGPT and other AI assistants. You can use parts of the Service from inside ChatGPT, Claude, and other AI assistants by signing in with your Avocado AI account. These Terms apply to that use. Generations use the credits included in your Avocado AI plan, at the same rates as in the app, and credits for generations that fail on our side are returned automatically. Plans and credits are sold only on avocadoai.co, never inside the assistant. The features available in each assistant may be a subset of the Service. Requests the assistant makes after you connect Avocado AI are treated as your instructions. The assistant's provider (for example OpenAI or Anthropic) is not a party to these Terms and is not responsible for the Service, and your use of the assistant itself is governed by that provider's terms.

7.8 Platform changes. Platforms can change or restrict their APIs, suspend accounts, or remove content at any time. We are not liable for such changes, and a feature that depends on a platform may stop working or change as a result.

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