Terms of Service

1. Agreement to Terms

Nutrition.avocavo.app ("we," "us," or "our") provides an API service ("Service") that delivers USDA-based nutrition analysis for ingredients and recipes. By accessing or using our Service, you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Avocavo.

If you do not agree to these Terms, you must not access or use our Service.

2. Accounts and API Keys

• You must create an account to use our Service.
• You are responsible for maintaining the confidentiality of your API keys and login credentials.
• You agree not to share or resell access to your account or API keys without our written permission.
• You are solely responsible for all activity conducted through your account, whether or not authorized by you.
• You must notify us immediately of any unauthorized use of your account.

2.1 Data Processing

By using our Service, you acknowledge that ingredient and recipe data you submit will be processed by third-party AI services (including OpenAI) to provide nutrition analysis. This processing is necessary for the Service to function.

3. Free Trial and Promotional Credits

We offer a one-time Free Trial with 500 API calls. After this trial is exhausted, you must upgrade to a paid plan to continue accessing the Service.

Promotional credits, where offered:

• Are intended for legitimate individual use only
• Cannot be transferred, sold, or shared
• Are limited to one redemption per person/household/device
• May be revoked if we detect fraudulent or abusive patterns
• Do not expire but are consumed before monthly plan allowances

We reserve the right to modify, limit, or cancel promotional offers at any time without notice.

4. Plans, Billing, and Payment

• Paid plans are billed monthly in advance.
• Your plan includes a defined monthly API call quota as described on our Pricing page.
• You may cancel your subscription at any time. Your plan remains active until the end of the current billing cycle.
• We do not offer refunds for partial months or unused API calls.
• Additional usage beyond your plan's quota may be throttled, blocked, or billed at overage rates at our discretion.
• We use Stripe to process payments. By subscribing, you agree to Stripe's terms and policies.
• We reserve the right to change pricing at any time with reasonable notice.

5. Acceptable Use

• You agree to use the Service only within your plan's usage limits and in compliance with all applicable laws.
• Prohibited uses include but are not limited to: scraping, reselling API access, bulk exporting, circumventing quotas, reverse engineering, or using the Service to build a competing product.
• Creating multiple accounts to obtain additional free credits or trial usage is strictly prohibited.
• We employ automated systems to detect suspicious activity, including multiple account creation from the same IP, device, or user.
• We reserve the right to limit, suspend, or terminate your access at our sole discretion for any violation of these Terms.

6. Service Availability and Modifications

• We may modify, update, or discontinue any part of the API at any time without notice or liability.
• We aim for high availability but make no guarantee of uninterrupted, error-free, or continuous service.
• We are not liable for any losses or damages resulting from downtime, degraded performance, data loss, or service interruptions for any reason.
• Enterprise SLAs, where offered, are governed by a separate written agreement.

7. No Medical or Professional Advice

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL, DIETARY, NUTRITIONAL, HEALTH, OR ANY OTHER PROFESSIONAL ADVICE AND MUST NOT BE USED AS SUCH. Nutrition data returned by the Service is derived from publicly available government databases and is provided for informational and software development purposes only. You must not use, and must not allow your end users to use, Service output as the sole or primary basis for any medical, clinical, dietary, or health decision. We strongly recommend consulting a qualified healthcare professional before making any health-related decisions. We expressly disclaim any responsibility or liability for any harm, injury, or damages arising from reliance on nutrition data provided by the Service.

8. Data Accuracy Disclaimer

Nutrition data is derived in part from USDA FoodData Central (public domain). While we strive for accuracy, we make no representations or warranties regarding the accuracy, completeness, currency, or reliability of any nutrition data returned by the Service. Results may vary based on ingredient matching logic, quantity parsing, database availability, and data quality in the underlying sources. You are solely responsible for validating data accuracy before use in any production application, particularly those involving health, safety, regulatory compliance, or commercial food labeling.

• This Service is independent and not affiliated with or endorsed by USDA.
• You agree to comply with any attribution requirements described in our documentation.

9. Data Ownership and Usage Rights

• You own the nutrition data results returned to you by the API.
• You may store, cache, display, and use nutrition data in your applications without restriction.
• We retain no rights to data you submit to us beyond what is necessary to operate the Service.

10. Intellectual Property

• We retain all rights to our software, API infrastructure, algorithms, and website content.
• You may not copy, modify, distribute, or reverse-engineer any part of our Service except as expressly permitted in writing.

11. Termination

• You may stop using the Service at any time by cancelling your account.
• We reserve the right to suspend or terminate your access, with or without notice, for any reason, including violation of these Terms, suspected fraud, or at our sole discretion.
• Upon termination, your right to use the Service ends immediately. Outstanding payment obligations remain due.
• Sections 7, 8, 12, 13, 14, 15, and 16 survive any termination of these Terms.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE ACCESS. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED. USE OF THE SERVICE IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVOCAVO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY-FIVE DOLLARS ($25.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AVOCAVO.

14. Indemnification

You agree to indemnify, defend, and hold harmless Avocavo and its officers, directors, employees, agents, licensors, and affiliates from and against any and all third-party claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content or data you submit to or through the Service; (e) any product, application, or service you build using the Service; or (f) any claim by your end users related to nutrition data obtained through the Service.

15. Dispute Resolution, Arbitration, and Governing Law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved within thirty (30) days of written notice, the dispute shall be submitted to binding individual arbitration in New Jersey under the rules of the American Arbitration Association (AAA).

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

CLASS ACTION WAIVER: YOU AND AVOCAVO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AVOCAVO.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avocavo regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Avocavo.
• Force Majeure: We are not liable for any failure or delay in service caused by circumstances beyond our reasonable control, including acts of God, internet outages, third-party service failures, or government actions.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

17. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or by posting an updated version on our website with a revised effective date. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to updated Terms, you must stop using the Service.

18. Contact Us

If you have questions about these Terms, please contact us at: