These Terms of Service ("Terms") are an agreement between you and Hekato Pty Ltd (ACN 702 732 152), an Australian company ("Hekato", "we", "us" or "our"), which operates Avocando ("the App"). In these Terms, the App includes the Avocando web app, the Avocando app for iOS and Android, and our websites at avocando.app and its subdomains. By creating an account or using the App, you agree to these Terms.
Our Privacy Policy, at avocando.app/privacy, explains how we handle your personal information and forms part of these Terms. Agreeing to these Terms is not consent to any use of your information that needs your consent: we ask for that separately in the App.
1. Health disclaimer
Avocando is not medical advice. The App is a logging and tracking tool for general wellness only, and is not intended to diagnose, treat, cure, prevent or monitor any disease or medical condition. It is not a medical device. Its information, targets and calculations are general, and are not a substitute for advice from a qualified health professional. Talk to one before making decisions about your diet, exercise or health, especially if you have a medical condition, are pregnant, have or have had an eating disorder, or need supervision for a health goal. You are responsible for your decisions.
Avo, the App's chat assistant, uses AI and can make mistakes, so check its replies and estimates. Food data comes from public databases, other users and AI estimates and may be wrong: always check the label, especially if you have a food allergy.
The App is not for emergencies: if you have one, contact your local emergency services.
2. The service
Avocando is an app for the web and mobile devices that helps you track your food, fitness and habits, and plan your workouts and routines. The App also includes:
- recipes, which you can share with your household or, if you are a creator, publish;
- a kitchen that keeps track of the food you have, your shopping list and your food spending; and
- AI assistance, including reading photos of meals, labels and receipts you scan.
Your data is stored in private cloud storage tied to your account, as described in our Privacy Policy at avocando.app/privacy. The App needs an internet connection to load and save your data.
3. Free plan and Premium
The App has a Free plan and a paid plan called Avocando Premium. The Free plan costs nothing and covers food and macro logging, barcode scanning, habits, workouts, trends and recipes, with limits the App shows, such as on how much history the App displays. Avo, the AI assistant, AI photo scanning and recipe import by link or paste come with Premium. Your full history is kept whatever your plan, and is in your data export. We will tell you before we reduce the Free plan.
Your first days. While we offer it, a new account gets Premium free for 7 days, or longer if you enter a valid creator code when you sign up, and the App shows how many days are left. Nothing is charged, and no payment details are asked for, during those days. After those days, the Free plan applies unless you subscribe.
What Premium includes. The App and avocando.app show what Premium adds. Premium belongs to your Avocando account, so once you subscribe you have Premium wherever you sign in to that account, including the web app.
Where you buy, and who bills you. You can buy Premium only inside the Avocando app for iOS or Android, through Apple's App Store or Google Play ("the store"). You cannot buy it on avocando.app. The store takes your payment, bills you, issues your receipt and holds your payment details; we never see your card number. The store's own terms also apply to your purchase.
Prices. The App shows the price before you buy, in your store's currency. In Australia, the price shown is the total you pay. In the United States, the store may add sales tax. We may change the price of Premium. If we do, we will tell you at least 7 days before the new price applies to you, in the App, by email or through the store, and Premium will not renew at a higher price unless you agree to it. Until then, you keep the price you have.
Automatic renewal. Premium is a subscription that renews automatically, every month or every year depending on the plan you choose, until you cancel. The store charges your payment method for each new period at or shortly before the end of the current one; Apple charges within the 24 hours before it ends.
How to cancel. You cancel through the store you subscribed with, not through us: in your Apple Account's subscription settings, or in Google Play's subscriptions page. The App's Settings link to the right place. To avoid the next charge, cancel at least 24 hours before your current period ends. When you cancel, you keep Premium until the end of the period you have paid for, then move to the Free plan; nothing you logged is lost.
Free trial. If the store offers you a free trial, the App shows how long it lasts and the price that follows before you start it. You need a payment method on file with the store, but you are not charged during the trial. When the trial ends, the store charges you the plan price and your paid subscription begins, unless you cancel at least 24 hours before the trial ends. The store decides who is eligible; usually you can have one trial per store account. We may change or end trial offers for new subscribers, but not a trial you have already started.
Refunds. Because the store takes your payment, ask the store first for a refund, under its own rules: Apple at reportaproblem.apple.com, or Google through Google Play. If the store sends you to us, email support@avocando.app. Cancelling does not by itself refund the period you are in. None of this limits your rights under the Australian Consumer Law or the consumer laws where you live (Section 12), and asking the store is not the only way to claim them: you can also claim from us.
Deleting your account. Deleting your Avocando account does not cancel a store subscription, because we do not control the store's billing. Cancel in the store first (see "How to cancel"), or the store may keep charging you after your account is gone. The App reminds you of this before it deletes your account.
Creator codes. You can enter a creator's code in the App. It is optional. A creator code does not change your price, give you a discount or add anything to Premium beyond the longer first days described above; it tells us which creator to pay a referral fee if you subscribe.
Changes to Premium. We may improve Premium or change what it includes, as Section 10 describes. Where we reasonably can, we will tell you before we remove a main part of Premium, so you can cancel before your next renewal. This does not limit your rights under Section 12.
4. Your account
- You must be 18 or over to use the App. We ask for your date of birth when you create an account to confirm this.
- You need a valid email address, or a Google or Apple account, to create an account. Keep your login details secure, and tell us straight away if someone else may have used your account.
- You are responsible for the accuracy of what you enter, such as your date of birth, height, weight and activity level, and for how you use the information the App gives you. The App's targets and estimates are worked out from what you enter, so they will be wrong if it is.
5. Your content
Anything you add to the App, such as recipes, photos, tags and food entries ("your content"), stays yours. Your logs and profile stay private, and a recipe stays private unless you send it to a household member or publish it as a creator; anyone on the web can read a published recipe (Privacy Policy Sections 1 and 3).
You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, adapt (for example, resize a photo), display and share your content, and to let our service providers do so for us, only to run the App and the features you choose. For content you publish, this includes showing it to anyone, featuring it in the App, letting search engines index it and showing a preview when its link is shared. We will not sell your content, use it in advertising outside the App without asking you, or use it to train AI models.
A household member you send a meal or recipe to, and a user who saves or remixes your published recipe, may keep, use and change their own copy for their personal use in the App. Every signed-in user can see and use a food you add to the shared food library; only you can change it, and you can ask us to remove it.
These licences end when you delete the content or your account, except that other users keep their own copies, library foods and tag words stay without your name, and copies can remain for the periods Privacy Policy Sections 3 and 7 set out, for example in caches, search results, backups and the deleted entries we keep out of sight.
You promise you have the right to add your content and give these licences. To the extent the law allows, you consent to what this section describes, including format changes and showing content without your name, even if it would otherwise infringe your moral rights.
6. Creators
Creators are users we invite, or accept after they ask, to publish recipes on a public creator page. Before your page goes public, you accept the creator agreement in the App, which adds to these Terms and, where they differ, applies to what you publish, but never reduces your rights under the Privacy Policy or the law. Only verified creators can publish recipes and add photos. We check every photo before it is shown, but not every recipe, and creators are responsible for their recipes.
Publish only recipes, photos and words you created yourself or have permission to use. A list of ingredients belongs to no one, but the way a recipe is written, and its photos, belong to whoever created them. If someone tells us that content copies their work, we may unpublish it while we look into it, and we will end the creator agreement of anyone who repeatedly publishes other people's work.
We may withdraw a tag, unpublish content, remove a creator's verification or end a creator agreement if these Terms or that agreement are broken, or to protect users or comply with the law, and we will tell you why unless the law prevents it.
You can unpublish a recipe at any time. To stop being a creator, contact us: your page and recipes then stop being public, and your recipes stay in your account as private recipes.
7. Acceptable use
You must not:
- break the law, or use the App to harm, harass or deceive anyone;
- publish, send or report anything unlawful, infringing, sexually explicit, hateful or violent, or content that promotes eating disorders or unsafe weight loss or claims that a food or diet treats, cures or prevents a disease;
- pretend to be someone else, or pass off someone else's recipe or photo as yours;
- add false entries to the shared food library, inflate ratings, follower counts or other figures, or try to work out who is behind a figure;
- misuse the report feature or a creator code;
- try to get into another user's account or data, or get around the App's security, privacy controls or limits;
- collect content or data from the App in bulk, except as a search engine indexing our public pages;
- disrupt the App, or try to make Avo produce harmful or unlawful content; or
- copy or reverse engineer the App's software, except where the law or an open-source licence allows it.
If you believe content in the App infringes your copyright or other rights, pretends to be you, or shows you without your permission, email support@avocando.app with a link to it, what is wrong and how to contact you. Privacy Policy Section 3 explains how we handle your complaint.
8. The App and its data
Hekato and its licensors own the App, including its software, design, text, pictures and the Avocando name and logo. You may use the App for your own personal purposes or, as a creator, as the creator agreement allows. This gives you no other rights in it. Some food data comes from Open Food Facts under the Open Database License (ODbL), as Settings → Data Sources explains, and other public data stays under its own terms. If you send us feedback, we may use it freely.
9. Services from other companies
Some parts of the App rely on other companies' services, under their own terms: Google or Apple, if you sign in with them; Open Food Facts, which your device queries when you scan a barcode or search for a food; your device's or browser's speech recognition, if you talk to Avo; YouTube, whose player plays a published recipe's video inside the App: by using the App you agree to be bound by YouTube's Terms of Service (youtube.com/t/terms); and Apple's App Store or Google Play, if you download the App from them or buy Premium through them (Section 3 and Privacy Policy Sections 2 and 6). We are not responsible for those services, but this does not limit our responsibility for the App and Premium under Section 12.
10. Changes to the App
We may add, change or remove features, offer a feature to some users first, or pause the App briefly for maintenance. Where we reasonably can, we will tell you before we remove a main feature you use, and we will give you at least 30 days' notice before we stop offering the App.
11. Suspension and closing your account
You can delete your account at any time from Settings → Danger zone → Delete account, after downloading your data from Settings → Account → Export my data if you wish. If you have a Premium subscription, cancel it in the store you subscribed with first: deleting your account does not cancel it (Section 3). Privacy Policy Section 7 explains what remains.
We may remove content, or suspend or close your account, if you seriously or repeatedly break these Terms, if the law requires it, or to protect other users, the App or the public. Unless the law or an urgent risk prevents it, we will first tell you why and give you a fair chance to respond or fix the problem. If we close your account, we will give you a copy of your data unless the law prevents it.
12. Your consumer rights and our responsibility
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, and the consumer laws where you live may give you similar rights. Nothing in these Terms excludes, restricts or changes those guarantees or rights.
Under the Australian Consumer Law, for a major failure with a service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have the problem fixed in a reasonable time and, if this is not done, to cancel your contract and get a refund for the unused portion. To make a claim, email support@avocando.app. You can claim from us even if the store has declined a refund.
Beyond those guarantees and rights, we do not promise that the App will always be available or free of errors, or that its food data, estimates and calculations are always right: they depend on public databases, other users, AI estimates and what you enter (Sections 1 and 4).
To the extent the law allows, we are not liable for loss that was not reasonably foreseeable when you agreed to these Terms, for loss of profits or business opportunities, or for loss caused by events beyond our reasonable control or by your breach of these Terms. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud, and nothing in this section limits the guarantees and rights above.
13. Territory, governing law and complaints
Avocando is operated from Australia. The App is offered in English, with additional interface languages provided for the convenience of speakers of those languages wherever they live; the availability of a language does not mean the App is directed to any particular country. The App is not offered in mainland China.
These Terms are governed by the laws in force in Australia, and you and we submit to the non-exclusive jurisdiction of the Australian courts. If you live outside Australia, you also keep any protection of your local law that cannot be excluded by agreement.
If you have a complaint, please email us first, and we will try to resolve it within 30 days. You can still go to a regulator or a court.
14. Changes to these Terms
We may update these Terms when the App, the law or the way we operate changes, and each update changes the "Last updated" date above. If we make a material change, we will tell you before it takes effect, in the App or by email, and ask for your consent where the change needs it. If you do not agree, you can delete your account before then. No change applies to anything that happened before it.
15. General
- These Terms, the Privacy Policy and, for creators, the creator agreement are our whole agreement about the App. This does not exclude our liability for anything we have told you, where the law does not allow that to be excluded.
- If part of these Terms cannot be enforced, the rest still applies, and not enforcing a term straight away does not stop us enforcing it later.
- We may transfer these Terms to a business that takes over the App (Privacy Policy Section 6), and will tell you if we do; your rights will not be reduced. You may not transfer your account or rights.
- Sections 3 (as to amounts paid and refunds), 5, 8, 12, 13 and 15 continue after your account is closed, as far as they are relevant.
- We contact you by email to your account address, which you agree is our primary way of communicating with you, including about any security incident affecting your data, and by notices in the App.
- These Terms are in English. If we provide a translation, the English version applies where they differ, unless your local law says otherwise.
16. Contact us
Questions about these Terms can be sent to support@avocando.app.