Terms and Conditions

Last modified: 19 December 2019

Binding contractual terms

These terms and conditions ("Terms") regulate the legal agreement between Avocation ("we", "Company") and the user ("you") of all content, products, services and functionality ("Service"), including but not limited to text, information, graphics, links and other materials, provided through the mobile application Avocation ("App"), as well as through the website operated by us ("Website") and via other third parties (e.g. the Apple App Store, the Google Play Market etc.). These Terms provide for terms and conditions under which you may access and use the Service by means of a device ("Device"), including but not limited to computers, smartphones and tablets. These Terms are governed by the laws of Austria without regard to its conflicts of law provisions. Please read these Terms carefully before starting to use the Service. By accepting these Terms, you confirm that you have read and understood these Terms, are at least 18 years old or possess legal parental or guardian consent and agree to be legally bound by terms and conditions, as well as all applicable legal rules and regulations covered by the Terms. If you are under the respective age, are not fully liable and competent to accept the Terms or do not agree with the Terms, you must not use, access or download the Service. We reserve the right to update the Terms, replace parts of it or any related documents at our sole discretion at any point in time, as well as to limit or modify the Service. You agree, that the Company is not obliged to ask for your consent or give a notice to you on modifying or terminating the Service and is not liable to you upon exercising this right. On continuing to use the service after the changes in Terms are published, you automatically agree with and accept the most recent changes.

Use of the Service

These Terms come in force from the moment you start using the Service in any form. Subject to these Terms over the course of the Terms’ duration, Avocation grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license for downloading, accessing and using the App. You agree to only use the Service for personal purposes in compliance with legal rules and regulations covered by the Terms, as well as all local, state and federal laws. You are fully responsible for all activities you perform in connection with the Service, maintaining the confidentiality of your personal data, preventing the unauthorized use, access and downloads of the Service by the third parties, as well as notifying the Company of such fraud cases. Please note, that the Service only provides for recommendations regarding the habit development and must not be interpreted as the provision of medical care. You confirm that you are responsible for consulting with your health care provider before the use of the Service. If you have a health condition which can be influenced by the use of Service, you agree that you have received an approval from your medical care provider to use the Service. Any habit suggestions must be interpreted as serving informational purposes and should not override any care plan or medical treatment from a health care professional.

Restrictions to use of the Service

You should never allow unauthorized third parties to access the Service though sale, licensing or sublicensing, distributing, copying (other than backups of your personal data for personal purposes), renting or leasing the Service. Your right to use and access the Service must not be transferred or granted to third parties. You agree to not interfere or attempt to interfere into the normal functioning of the Service or threaten the security of the Service or use the Service in any manner that could damage or disable the Service by any means, including but not limited to automatic devices and software. You must not access or attempt to access, transmit or distribute any information that we consider confidential, unlawful, infringing or otherwise violating the law. You agree to not copy, distribute and modify any part of the Service without prior written consent and authorization of the Company. You must not access or attempt to access any content of the Service including but not limited to technology, software, text, graphics unless entitled by the Company through the Terms.

Privacy

Visit our Privacy Policy page for any information and notices regarding the collection and use of your data via the Service. By accepting these Terms, you are also agreeing to the Privacy Policy and accept all actions taken by us in regard to your information in compliance with the Privacy Policy.

Links

The Service may contain links to third-party resources. You agree that the Company are not responsible or liable for the reliability, security or accuracy of any information, content, products or services available on those websites and resources. You agree to bear all the risk associated with using these websites and resources.

Registration

You do not need to register or provide your personal data to use the Service. You will get an access to the App upon downloading it. You may access features, functions and other content of the Service according to the conditions specified in these Terms.

Membership and Subscriptions

The App can be used based on two forms of subscription, namely free and pro versions. You may access the free version of Avocation free of charge and registration. Avocation reserves the right to impose a limit on features and functions of the Service that can be accessed in the free version of the App. The pro membership is based on a fee-based subscription and provides you with special features and functions of the Service, offered to pro members only. You can choose and manage your subscription in the App. Avocation offers you monthly and yearly subscriptions, available through in-app purchases. Please note, that since all the purchases are processed through the App Store and the Play Market, we are not responsible for managing any refunds, and all further claims need to be submitted to Apple and Google to be resolved in accordance with the applicable payment policies of the marketplaces. Please review the mobile platforms’ terms and conditions before ordering the Service. By selecting the monthly subscription, you agree that Avocation is entitled to charge the credit card, or another payment method selected by you with an applicable fee on a monthly basis. The billing will automatically renew every month through the payment method of your choice and continue on a recurring basis until cancelled by you. You agree, that in order to cancel the monthly membership you need to do it before the next renewal date. Please note, that otherwise the billing for the upcoming month cannot be avoided. In case of your failure to fulfill a payment obligation (after 1 month) we are entitled to suspend your access to the Service. You agree, that upon cancelling the monthly subscription you will lose the access to all the functions and benefits provided to the pro members and return to the free version. Please contact us at support@avocation.app if you need any additional information or assistance. By selecting the yearly subscription, you agree that Avocation is entitled to charge the credit card, or another payment method selected by you with an applicable fee on a yearly basis. The billing will automatically renew every year through the payment method of your choice and continue on a recurring basis until cancelled by you. You agree, that in order to cancel the yearly membership you need to do it before the next renewal date. Please note, that otherwise the billing for the upcoming month cannot be avoided. In case of your failure to fulfill a payment obligation (after 1 month) we are entitled to suspend your access to the Service. You agree, that upon cancelling the yearly subscription you will lose the access to all the functions and benefits provided to the pro members and return to the free version. Please contact us at support@avocation.app if you need any additional information or assistance. You agree to promptly notify Avocation of any changes in your payment method while being signed up for any subscription. We reserve the right to change our subscription fees or adjust the pricing at our own discretion at any time. You will be informed of any changes before they take effect.

One-time purchases

We offer in-app one-time purchases for certain features of the App. Once initiated by you, this payment cannot be cancelled or refunded. You can restore your purchases when accessing the Service from a different Device.

Termination

By you. You can terminate the use of the Service at any point in time. To uninstall and remove the App, please use the application manager on you Device. To cancel your subscriptions please visit the store page of the App or manage your subscriptions in account settings of your mobile platform (App Store or Play Market). By us. We reserve the right to suspend or terminate your access to the Service if any terms, conditions or other rules and regulations covered by the Terms have been breached. We reserve the right to amend this Service in our own discretion, with or without cause, with or without notice, effective immediately. You agree, that as a result of the termination all copies of your user data can be destroyed or deleted in our databases, unless legally forbidden.

Intellectual Property

All the technology, software and content, including but not limited to the graphics, functionality, design elements and their arrangements, UI, text, concepts, ideas, logo, name and the like, generated to create the Service are owned by the Company, subject to copyright and other intellectual property rights and must not be used for other purposes than those explicitly regulated in the Terms. Any unauthorized use of the Service may violate intellectual property rights and other laws.

Disclaimer of warranty

The Service and Avocation content are provided on an “as is”, “with all faults” and “as available” basis, without warranty of any kind. We do not provide any guarantee, that the Service or Avocation content will meet your expectations and requirements, or will be available on an uninterrupted, secure, accurate, integrate, complete and error-free basis. You agree, that you use the service at your sole risk and are fully responsible for any risk arising out of the Service performance. We expressly disclaim to the fullest extent permitted by applicable law all the warranties, related to products, services or content, express, implied, statutory and otherwise in connection with the Service.

Limitations of Liability

The company is not liable for any direct, indirect, incidental, special or consequential damages that occur as a result of your use of the Service, or inability to use the Service. This imitation of liability will apply in any contract, tort of any other claim. The company assumes no responsibility and excludes any warranties for any errors or omissions in the Service, technical accessibility, fitness or flawlessness of the Service.