Terms of Service

1. Definitions

• “Account” means the user account you create to access the Service.
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• “AI Models” means AI systems, including large language models provided by third parties such as Anthropic, OpenAI, Google, and AWS, used by the Service to process inputs and generate outputs or actions.
• “Confidential Information” means non-public information designated as confidential or that reasonably should be understood to be confidential, excluding information that is publicly known, independently developed, or rightfully obtained from a third party.
• “Intellectual Property Rights” means all patent rights, copyrights, moral rights, trademarks, trade secrets, and other intellectual or proprietary rights recognized under applicable law.
• “Local Data” means tasks, notes, files, contacts, project data, AI model inputs and outputs, and any other content you create or store within the Avi application on your own device. Local Data is stored on your device and is not transmitted to or stored by Serverless Inc.
• “Service Data” means data generated in connection with the operation of the Service, such as account metadata, billing records, and anonymized telemetry, excluding Local Data.
• “Subscription” means your paid access to premium features of the Service on a recurring basis.
• “User Data” means any data or information you provide to us directly, such as account information, payment details, and support communications. This expressly excludes Local Data.

2. Eligibility

2.1 Age Requirement. You must be at least thirteen (13) years old to use the Service. If you are under eighteen (18), you must have parental or guardian consent, and such parent or guardian agrees to be bound by these Terms.

2.2 Legal Capacity. By using the Service, you represent that: (a) you have the legal capacity to enter into these Terms; (b) all information you provide is accurate and complete; (c) your use does not violate any applicable law or third-party agreement; and (d) you will comply with these Terms.

2.3 Export Compliance. You agree not to export, re-export, or transfer the Service or related technology in violation of U.S. export laws, including to any embargoed country or denied person.

3. Account Registration and Security

3.1 Registration. To access certain features, you must create an Account and provide accurate information. You agree to keep your information current.

3.2 Account Security. You are responsible for maintaining the security of your Account credentials and for all activities under your Account. Notify us immediately at support@avi.run if you suspect unauthorized access.

3.3 Account Sharing. Accounts are for individual use and may not be shared. We may suspend or terminate Accounts where multiple users are detected.

4. Service Description

4.1 Local-First Architecture. Avi runs on your own machine. Your Local Data, including AI model inputs and outputs, tasks, notes, and files, is stored on your device and is not transmitted to or stored by Serverless Inc. We do not have access to your Local Data.

4.2 AI Model Inputs and Outputs. We do not save, log, or retain any prompts you send to AI models or any responses those models produce. These transmissions are between your device and the AI model provider you configure. Your conversations with AI models remain private.

4.3 Remote Mode. The Service includes a Remote Mode that allows you to control your local Avi instance from another device. Remote Mode traffic passes through our infrastructure but is not stored.

4.4 Modifications. We may modify, suspend, or discontinue any part of the Service at any time. This includes changing features, imposing usage limits, or restricting access to functionalities.

4.5 Availability. The Service may be unavailable due to maintenance, upgrades, or other reasons. We have no obligation to provide advance notice of downtime.

5. License Grant

Subject to your compliance with these Terms, we grant you a personal, non-sublicensable, non-exclusive, non-transferable, limited, revocable license to use the Service for your internal personal or business purposes in accordance with your Account type and any applicable usage limits. All rights not expressly granted are reserved.

6. Fees, Billing, and Subscriptions

6.1 Pricing. Current pricing for Subscriptions is available on our website and may change. We will provide at least 30 days' notice of price increases via email or in-app notification. Continued use after a price change constitutes acceptance.

6.2 Billing. Subscriptions are billed on a recurring basis via Stripe. You must provide valid payment information and authorize recurring charges. All fees are in U.S. dollars and exclusive of applicable taxes.

6.3 Automatic Renewal. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing period. You may cancel via your Account settings.

6.4 No Refunds. All payments are non-refundable. We do not provide refunds or credits for partial periods, downgrades, or unused time.

6.5 Payment Disputes. Contact us at support@avi.run for billing issues. Failure to pay may result in suspension or termination of your Account.

7. Acceptable Use

7.1 Compliance. You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws.

7.2 Prohibited Conduct. You may not:

• (a) Use the Service to violate any law, regulation, or third-party rights;
• (b) Transmit viruses, malware, or other harmful code;
• (c) Attempt to gain unauthorized access to our systems, other Accounts, or data;
• (d) Send spam, phishing, or unsolicited messages;
• (e) Impersonate any person or entity;
• (f) Interfere with or impose unreasonable load on our infrastructure;
• (g) Reverse engineer, decompile, or disassemble the Service;
• (h) Resell, sublicense, or commercially exploit the Service without our written consent;
• (i) Use the Service to build a competing product or for competitive intelligence;
• (j) Use the Service in high-risk scenarios where AI errors could cause serious harm (e.g., medical diagnosis, legal advice, financial decisions) without appropriate human oversight; or
• (k) Assist others in violating these Terms.

7.3 Monitoring. We may monitor use of the Service to detect violations and may investigate suspected breaches. We reserve the right to remove content or terminate Accounts for violations.

8. Data and Privacy

8.1 Local-First Privacy. Avi is designed to keep your data on your device. Your Local Data, including AI model inputs and outputs, tasks, notes, files, and project data, is stored locally and is not accessible to Serverless Inc.

8.2 No AI Training on Your Data. We do not use AI model inputs or outputs to train any AI models. We do not use your Local Data for any purpose because we do not have access to it.

8.3 Third-Party AI Models. When you use AI features, your prompts are transmitted directly to the AI model provider you configure (e.g., Anthropic, OpenAI, Google, AWS). Your use of those providers is subject to their respective terms and privacy policies. We strongly recommend reviewing those policies.

8.4 Service Data. You grant us a worldwide, non-exclusive, royalty-free license to use Service Data (account metadata, billing records, anonymized telemetry) as necessary to provide and improve the Service.

8.5 Subprocessors. We use the following service providers to operate the Service:

• Amazon Web Services (AWS): Infrastructure and computing;
• MongoDB: Database services;
• Vercel: Hosting and deployment;
• Stripe: Payment processing;
• SendGrid / Resend: Email delivery.

8.6 Privacy Policy. Our Privacy Policy at avi.run/privacy governs our collection and use of personal information and is incorporated into these Terms.

9. Intellectual Property

9.1 Our IP. We and our licensors own all Intellectual Property Rights in the Service, including software, designs, trademarks, and Service Data.

9.2 Your IP. You retain ownership of your User Data and Local Data. By providing User Data to us, you represent that you have all necessary rights to do so.

9.3 Feedback. If you provide suggestions, ideas, or feedback regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully transferable, worldwide license to use such Feedback for any purpose.

9.4 No Other Rights. No rights are granted except as expressly stated. You may not remove any proprietary notices from the Service.

10. AI Services Disclaimer

10.1 AI Limitations. AI Models may produce inaccurate, incomplete, biased, or inappropriate outputs. We do not guarantee the accuracy, reliability, or suitability of any AI-generated content.

10.2 User Responsibility. You are solely responsible for reviewing and verifying AI outputs before relying on them. AI outputs do not constitute professional, legal, medical, financial, or other expert advice.

10.3 Third-Party Model Terms. Your use of AI models is also subject to the terms of the applicable model provider. You are responsible for complying with those terms.

11. Support

We provide customer support on a best-effort basis with no guaranteed response times or resolution obligations. Support is available via email at support@avi.run. We may change or discontinue support channels at any time.

12. Termination and Suspension

12.1 By You. You may terminate your Account at any time via settings. Termination does not entitle you to refunds.

12.2 By Us. We may suspend or terminate your Account at any time, with or without cause, including for breach of these Terms, non-payment, or inactivity exceeding 180 days. We will provide notice where feasible.

12.3 Effects of Termination. Upon termination: (a) your license ends; (b) we may delete your User Data; (c) no refunds are provided; and (d) Sections 1, 8–10, and 12–19 survive.

13. Warranties and Disclaimers

13.1 No Warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

14.2 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 These limitations apply regardless of legal theory and are an essential basis of the bargain between us.

15. Data Deletion and Retention

15.1 Deletion by You. You may delete your Account and associated User Data at any time via settings. Deletion is permanent.

15.2 Retention. Upon Account deletion or termination, we will permanently delete your User Data, except we retain minimal information (e.g., email address, billing records) for up to seven (7) years as required for tax, legal, or accounting compliance.

15.3 Local Data. Your Local Data is stored on your own device and is not affected by Account deletion unless you choose to uninstall the application.

15.4 Inactive Accounts. We may delete Accounts inactive for over 180 days after providing email notice.

16. Indemnification

You agree to indemnify, defend, and hold harmless Serverless Inc., its Affiliates, officers, directors, employees, agents, and licensors from and against all claims, losses, damages, expenses, and costs (including reasonable attorneys' fees) arising from: (a) your use or misuse of the Service; (b) your violation of these Terms or applicable law; (c) your User Data; or (d) your violation of third-party rights.

17. Dispute Resolution

17.1 Binding Arbitration. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Delaware. The arbitrator's decision is final and enforceable in court.

17.2 Class Action Waiver. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

17.3 Jury Waiver. YOU WAIVE THE RIGHT TO A JURY TRIAL.

17.4 Limitations Period. Claims must be brought within one (1) year after accrual.

17.5 Exceptions. We may seek injunctive or equitable relief in court for Intellectual Property Rights violations without posting bond.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any non-arbitrable disputes shall be brought exclusively in state or federal courts in Delaware. You consent to personal jurisdiction and venue therein.

19. Miscellaneous

19.1 Entire Agreement. These Terms, our Privacy Policy, and any referenced documents constitute the entire agreement, superseding prior agreements.

19.2 Severability. If any provision is invalid, the remainder remains enforceable.

19.3 Waiver. No waiver is effective unless in writing.

19.4 Assignment. You may not assign these Terms without our written consent. We may assign them freely.

19.5 Force Majeure. Neither party is liable for delays caused by events beyond their reasonable control, including acts of God, war, terrorism, pandemics, or natural disasters.

19.6 Changes to Terms. We may modify these Terms at any time by posting an updated version. Changes are effective upon posting. For material changes affecting paid Subscriptions, we will provide 30 days' notice. Continued use constitutes acceptance.

19.7 Electronic Communications. You consent to electronic notices, which satisfy any legal writing requirement.

19.8 Survival. Sections 1, 8–10, and 12–19 survive termination.

20. Contact Us

For questions about these Terms or the Service: support@avi.run.

By using the Service, you acknowledge that you have read and agree to these Terms.