Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and AVALW SRL ("AVALW," "we," "us," or "our"), a company registered in Romania, governing your access to and use of the Avalw Vision mobile application ("App") and any related services (collectively, the "Service").

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not download, install, or use the App.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

2. Eligibility

To use Avalw Vision, you must:

• Be at least 13 years of age (or the minimum age of digital consent in your jurisdiction).
• If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have the consent of a parent or legal guardian to use the App.
• Have the legal capacity to enter into a binding agreement.
• Not be barred from using the App under the laws of your jurisdiction.

By using the App, you represent and warrant that you meet all of the above eligibility requirements.

3. Description of Service

Avalw Vision is a document analysis application that helps users understand the content and implications of legal documents, including but not limited to:

• Privacy policies
• Terms of service and terms of use
• Contracts and agreements
• GDPR compliance documents
• Documents related to children's online safety

The App provides five specialized analysis modes:

1. Privacy Analysis: Analyzes data collection practices, sharing policies, and user rights.
2. Contract Analysis: Identifies key terms, obligations, penalties, and risks in contracts.
3. Terms of Service Analysis: Breaks down terms of service into understandable summaries.
4. GDPR Compliance Check: Evaluates documents against GDPR requirements.
5. Kid Safety Analysis: Assesses child safety, age-appropriateness, and COPPA compliance.

4. Important Disclaimers About the Service

4.1 Not Legal Advice

The App provides automated analysis of documents using algorithms and pattern recognition. This analysis:

• Does not constitute legal advice, legal opinion, or any form of professional counsel.
• Is not a substitute for consultation with a qualified attorney, solicitor, or legal professional.
• Should not be relied upon as the sole basis for any legal, financial, or personal decision.
• May not capture all nuances, jurisdictional variations, or legal implications of a document.

4.2 Accuracy

While we strive to provide accurate and helpful analysis, we cannot guarantee the completeness, accuracy, reliability, or suitability of the analysis results. The analysis may:

• Miss certain provisions, clauses, or implications.
• Misinterpret ambiguous language or complex legal terminology.
• Not account for the latest legal developments or jurisdictional differences.
• Produce different results based on the quality of the scanned or inputted text.

You acknowledge and agree that you use the App's analysis results at your own risk and discretion.

4.3 No Attorney-Client Relationship

Use of Avalw Vision does not create an attorney-client relationship, a fiduciary relationship, or any professional relationship between you and AVALW SRL. AVALW SRL is a technology company, not a law firm, and does not practice law.

5. Subscriptions and Payments

5.1 Subscription Plans

Avalw Vision offers the following subscription plans:

5.2 Free Features

Avalw Vision may offer certain features at no cost. We reserve the right to modify, limit, or discontinue free features at any time without prior notice.

5.3 Auto-Renewal

Monthly and Annual subscription plans automatically renew unless you cancel at least 24 hours before the end of the current billing period. Upon renewal:

• Your Apple ID account will be charged the applicable subscription fee.
• The subscription will renew at the same price unless we have given you prior notice of a price change.
• Renewal charges are processed within 24 hours prior to the end of the current billing period.

5.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings or through the App Store. To cancel:

1. Open the Settings app on your device.
2. Tap your name at the top, then tap "Subscriptions."
3. Select "Avalw Vision."
4. Tap "Cancel Subscription" and confirm.

Upon cancellation:

• Your subscription will remain active until the end of the current billing period.
• You will continue to have access to premium features until the subscription expires.
• No partial refunds are provided for unused portions of a subscription period.
• You will not be charged for subsequent billing periods.

5.5 Free Trials

We may offer free trial periods for subscription plans. If a free trial is offered:

• The trial period begins when you activate it and lasts for the specified duration.
• If you do not cancel before the trial ends, your subscription will automatically begin, and you will be charged the applicable subscription fee.
• Any unused portion of a free trial will be forfeited when you purchase a subscription.
• Free trials are limited to one per Apple ID.

5.6 Refunds

All purchases and subscriptions are processed through Apple's App Store. Refund requests must be submitted directly to Apple, as AVALW SRL does not have the ability to process refunds for App Store purchases. To request a refund:

• Visit reportaproblem.apple.com.
• Sign in with your Apple ID.
• Select the purchase and follow Apple's refund process.

Apple will review your request in accordance with their refund policies. AVALW SRL cannot guarantee that Apple will approve a refund request.

5.7 Price Changes

We reserve the right to change subscription prices at any time. If we increase the price of a subscription:

• We will provide reasonable advance notice (at least 30 days) before the new price takes effect.
• The new price will apply at the start of your next billing period following the notice.
• Your continued use of the subscription after the price change takes effect constitutes acceptance of the new price.
• If you do not agree with the new price, you may cancel your subscription before the next billing period begins.

6. License and Usage Rights

6.1 License Grant

Subject to your compliance with these Terms, AVALW SRL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use.

6.2 License Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works of the App or any part thereof.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App.
• Use the App for any unlawful, unauthorized, or prohibited purpose.
• Use the App to develop or create a competing product or service.
• Use automated systems, bots, scrapers, or similar technology to access or interact with the App in an unauthorized manner.
• Attempt to circumvent, disable, or interfere with any security features or access controls of the App.
• Use the App to process documents that you do not have the legal right to access or analyze.
• Redistribute, resell, or commercially exploit the analysis results generated by the App.

6.3 Apple's Licensed Application End User License Agreement

Your use of the App is also subject to Apple's Licensed Application End User License Agreement ("LAEULA"), which is available at Apple's Standard EULA. In the event of a conflict between these Terms and Apple's LAEULA, these Terms shall govern to the extent permitted by applicable law.

7. User Responsibilities

7.1 Lawful Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring that your use of the App complies with all applicable laws, regulations, and ordinances in your jurisdiction.

7.2 Document Ownership

You represent and warrant that you have the legal right to access, scan, and analyze any documents you input into the App. You must not use the App to analyze confidential, privileged, or restricted documents unless you have proper authorization to do so.

7.3 Reliance on Analysis

You acknowledge that the App's analysis is provided for informational purposes only. You agree that:

• You will not rely solely on the App's analysis for making legal, financial, or other important decisions.
• You will seek professional legal advice when needed, particularly for high-stakes decisions.
• You are solely responsible for any actions you take based on the App's analysis results.

8. Intellectual Property

8.1 Ownership

The App, including all content, features, functionality, design, code, algorithms, user interface, graphics, icons, images, trademarks, service marks, trade names, and all other intellectual property rights therein, are owned by AVALW SRL and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"Avalw Vision," "AVALW," the Avalw Vision logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AVALW SRL. You may not use such marks without the prior written permission of AVALW SRL. All other names, logos, product and service names, designs, and slogans that may appear in the App are the trademarks of their respective owners.

8.3 User Content

You retain all rights to the documents and text you input into the App for analysis. Since all processing is done locally on your device and no data is transmitted to us, we do not acquire any rights to your content. We do not claim ownership over any documents you scan, upload, or paste into the App.

8.4 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the App ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, and incorporate such Feedback into the App and our other products and services without any obligation to you.

9. Privacy

Your privacy is important to us. Our collection and use of information in connection with the App is described in our Privacy Policy. By using the App, you agree to the terms of our Privacy Policy.

10. Disclaimer of Warranties

AVALW SRL expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability -- we do not warrant that the App is fit for commercial sale or distribution.
• Fitness for a particular purpose -- we do not warrant that the App will meet your specific requirements or be suitable for any particular purpose.
• Non-infringement -- we do not warrant that the App does not infringe on the intellectual property rights of any third party.
• Accuracy and reliability -- we do not warrant that the analysis results will be accurate, complete, reliable, current, or error-free.
• Uninterrupted or error-free operation -- we do not warrant that the App will operate without interruptions, errors, bugs, or defects.
• Security -- while we employ reasonable security measures, we do not warrant that the App is free from vulnerabilities or that unauthorized access will be prevented.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Limitation of Liability

• Indirect, incidental, special, consequential, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, or any other intangible losses.
• Damages arising from your use of or inability to use the App, any analysis results provided by the App, reliance on any information provided through the App, unauthorized access to or alteration of your data, or any other matter relating to the App.

These limitations apply regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise), even if AVALW SRL has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless AVALW SRL, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the App.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right.
• Your violation of any applicable law, rule, or regulation.
• Any claim that your use of the App caused damage to a third party.
• Any actions you take or fail to take based on the analysis results provided by the App.

This indemnification obligation shall survive the termination of these Terms and your use of the App.

13. Termination

13.1 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription (if applicable) through your Apple ID account settings.
• Deleting the App from all of your devices.

13.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Conduct that we reasonably believe is harmful to other users, third parties, or our business.
• As required by law or legal process.
• Discontinuation of the App or Service.

13.3 Effect of Termination

Upon termination:

• Your license to use the App is immediately revoked.
• You must cease all use of the App and delete it from your devices.
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the App or any part thereof, temporarily or permanently, at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. If we make material changes:

• We will update the "Last Updated" date at the top of these Terms.
• We may provide notice through the App, on our website, or through the App Store listing.
• For material changes, we will provide at least 30 days' notice before the changes take effect.

Your continued use of the App after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and cancel any active subscriptions.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. This choice of governing law applies regardless of your country of residence.

For users in the European Union, this choice of law does not deprive you of the protection afforded by mandatory consumer protection rules of the EU member state in which you reside.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the App informally by contacting us at office@avalw.com. We will attempt to resolve the dispute informally within 60 days of receiving your written notice.

17.2 Jurisdiction

If informal resolution is unsuccessful, any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Bucharest, Romania, and you consent to the personal jurisdiction of such courts.

17.3 Class Action Waiver

17.4 EU Consumer Rights

If you are a consumer in the European Union, you may also bring proceedings in the courts of the EU member state in which you reside. Additionally, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Apple-Specific Terms

The following terms apply to your use of the App as downloaded from Apple's App Store:

• These Terms are between you and AVALW SRL, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Third-Party Services and Links

The App may contain links to third-party websites or services when you scan QR codes or follow URLs contained in documents. These third-party resources are not under our control, and we are not responsible for their content, privacy policies, or practices. Access to third-party resources is at your own risk.

20. Force Majeure

AVALW SRL shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or failures of telecommunications or internet services.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

22. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23. Entire Agreement

These Terms, together with the Privacy Policy and Apple's LAEULA, constitute the entire agreement between you and AVALW SRL regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

24. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, or any of our rights and obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.

25. Notices

We may provide notices to you through the App, via email (if you have provided one), by posting on our website, or through the App Store listing. Notices to us should be sent to:

• Email: office@avalw.com
• Company: AVALW SRL
• Jurisdiction: Romania, European Union

26. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the Department of State.

27. Accessibility

We are committed to making Avalw Vision accessible to all users. If you experience any accessibility issues or have suggestions for improving accessibility, please contact us at office@avalw.com.

28. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the App, please contact us at:

• Email: office@avalw.com
• Company: AVALW SRL
• Jurisdiction: Romania, European Union