Terms of Service

Version 7 · Last updated and effective October 13, 2026

Please read these Terms carefully

They are a legally binding agreement. Among other things, they:

require you to be 19 or older;
make clear that AI output can be wrong and that you rely on it at your own risk (section 6);
make you responsible for actions you allow Avxor to take on your computer in Work mode (section 7);
explain that credits are prepaid, non-refundable and have no cash value, except where the law says otherwise (sections 11–12);
provide that a chargeback or payment dispute permanently suspends your account (section 12) — please contact us first instead;
explain that a suspended account loses its plan and credits without refund, and they are not restored if the account is reinstated (section 15);
explain that monthly plans renew automatically until you cancel, have 5-hour and weekly usage limits, and are not refunded for partial periods (section 11A);
disclaim warranties, limit our liability, and require you to indemnify us (sections 16–19); and
contain a binding individual arbitration agreement and a class action waiver that affect how disputes are resolved, with a right to opt out within 30 days (section 20).

Nothing in these Terms takes away rights that the law where you live says cannot be taken away. This summary is not a substitute for the full Terms.

1. Agreement

These Terms of Service (the "Terms") are a binding contract between you and the independent operator of Avxor, based in Canada ("Avxor", "we", "us", "our"). They govern your access to and use of the avxor.com website, the Avxor app for Windows and any other Avxor apps, the Avxor API, the AI models offered under the Avxor name, Avxor credits, and every related feature, update, and service (together, the "Service").

By creating an account, checking a box to accept these Terms, purchasing credits, downloading or installing an Avxor app, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Notice, which is incorporated by reference. Your acceptance has the same effect as a handwritten signature. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it, and "you" includes that organization. You and the organization are jointly responsible for compliance with these Terms.

2. Changes to these Terms

We may change these Terms at any time. We will post the updated Terms on this page with a new "Last updated" date. For material changes we will also give you reasonable notice, such as by email or in the Service, and may require you to accept the updated Terms before you continue using the Service. Changes take effect when posted unless the notice says otherwise. Your continued use of the Service after a change takes effect means you accept it. If you do not accept a change, your sole remedy is to stop using the Service and close your account. Changes do not apply retroactively to disputes that arose, or purchases completed, before the change.

3. Eligibility

You may use the Service only if you: (a) are at least 19 years old and of the age of majority where you live; (b) can form a binding contract; (c) are not barred from using the Service under the laws of Canada, your place of residence, or any other applicable jurisdiction; (d) are not located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, and are not on any government list of prohibited or restricted parties; and (e) have not previously had an Avxor account terminated for violating these Terms. You represent and warrant that all of the above are true. We may refuse service to anyone, for any lawful reason.

4. Accounts and security

Accurate information. You must provide accurate, current, and complete information and keep it up to date, including a working email address.
Two-factor authentication is required. Every account uses either emailed codes or an authenticator app (recommended). You must keep your password, authenticator, email account, devices, sessions, and API keys secure and confidential.
You are responsible for your account. You are responsible for all activity that occurs under your account, credentials, or API keys, whether or not you authorized it, except to the extent caused by our own breach of these Terms. We are not liable for any loss or damage arising from your failure to keep your account and devices secure, or from compromise of your email account.
No sharing or transfer. Accounts are personal. You may not sell, transfer, lend, or share your account or credits, or let anyone else use them.
Tell us about misuse. Notify us immediately at support@avxor.com if you suspect unauthorized access. We may suspend an account to protect it.

5. The Service

Avxor provides access to AI models offered under the Avxor name, in a Chat mode (on the website and in the apps) and a Work mode (in the Windows app) that can use tools. We may add, change, rename, replace, limit, suspend, or discontinue any model, feature, mode, limit, or part of the Service at any time, with or without notice, including features you have paid to use, subject to section 11. We do not guarantee that the Service, any model, or any feature will be available, uninterrupted, timely, secure, or error-free, or that your chats or other content will be stored without loss. You are responsible for keeping your own copies of anything important; you can export your data in Settings. Features labeled preview, beta, experimental, or similar are provided for evaluation only and may be unreliable or withdrawn at any time.

We automatically screen requests and may block, limit, or decline any request, or any output, at our discretion. We have no obligation to monitor content, and screening is not a guarantee that any content is safe, lawful, or appropriate.

6. AI output — no reliance

The Service uses artificial intelligence to generate responses ("Output"). Output is produced automatically and probabilistically. It may be inaccurate, incomplete, outdated, misleading, offensive, biased, insecure, infringing, or otherwise unsuitable, and it may sound confident even when it is wrong. Output may also be the same as or similar to output generated for others.

Output is not advice. Output is not legal, medical, psychological, financial, tax, investment, engineering, safety, or any other professional advice, and it does not create any professional or fiduciary relationship. Always consult a qualified professional.
You must evaluate Output yourself. You are solely responsible for reviewing, verifying, and testing Output — including any code, commands, or instructions — before relying on or using it, and for all consequences of your use of Output.
No high-risk use. You must not use the Service or Output as the basis for decisions or activities where an error could lead to death, personal injury, serious physical, property, or environmental damage, or significant legal or financial effects on any person — including medical diagnosis or treatment, operation of vehicles, aircraft, weapons, critical infrastructure, or industrial control systems, emergency response, or decisions about employment, credit, housing, insurance, education, or legal status.
Not an emergency service. If you or someone else is in danger, contact local emergency services.

To the maximum extent permitted by law, Avxor has no responsibility or liability for any Output or for any decision made, action taken, or loss suffered in reliance on Output.

7. Work mode and your devices

In Work mode, the Windows app can run commands and programs, read, create, change, move, and delete files, browse and fetch web pages, and use tools and integrations you connect (such as MCP servers), on your computer and with your device's permissions. You choose the approval level ("Ask for approval", "Approve for me", or "Full access"), and you can stop an action at any time.

You are in control and responsible. You are solely responsible for every action you approve or allow, for the approval level you choose, for the folders, systems, accounts, networks, and integrations you give Avxor access to, and for all results — including deleted or changed files, installed or removed software, system changes, network activity, costs, and effects on third parties. "Full access" lets Avxor act without asking and carries the highest risk; use it only if you accept that risk.
Only use systems you are authorized to use. You must have all rights and permissions needed for every action taken on your behalf, and you must comply with the terms of every website, service, and system involved.
Back up your data. AI actions can cause data loss or damage. You are responsible for maintaining adequate backups before using Work mode.
Untrusted content. Files, web pages, command output, and tool results may contain misleading or malicious instructions. Avxor treats them as data, but you are responsible for reviewing what it does.
Software licence. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the Avxor apps on devices you own or control, solely to access the Service. Updates may be required to continue using the apps, and may be installed automatically.

To the maximum extent permitted by law, Avxor is not liable for any loss of or damage to data, files, software, hardware, systems, networks, accounts, or property, or any other loss, arising from actions taken in Work mode or from your use of the apps.

8. Acceptable use

You must use the Service only lawfully and in accordance with these Terms. You must not, and must not attempt to, or help anyone else to:

violate any law or regulation, or infringe, misappropriate, or violate anyone's intellectual property, privacy, publicity, or other rights;
create, obtain, or provide instructions or assistance for weapons, including chemical, biological, radiological, nuclear, or explosive weapons, or plan or promote violence, terrorism, or violent extremism;
create, distribute, or request content that sexually exploits or endangers minors, or non-consensual intimate imagery of anyone;
harass, threaten, bully, defame, stalk, impersonate, defraud, scam, phish, or deceive anyone, or generate spam or content intended to mislead people about its AI origin where that matters;
create or distribute malware, gain unauthorized access to any system, account, or data, steal credentials, evade security, or conduct attacks or unauthorized security testing;
cheat in games, exams, assessments, or competitions, or facilitate academic dishonesty;
bypass, disable, interfere with, or "jailbreak" the Service's safety measures, content screening, rate limits, billing, credit, or access controls;
copy, scrape, crawl, or extract data from the Service by automated means, or use the Service or Output to develop, train, or improve a competing AI model or service;
reverse engineer, decompile, disassemble, or attempt to extract the source code, model weights, prompts, or underlying systems of the Service, except to the extent applicable law expressly permits despite this restriction;
resell, rent, lease, sublicense, or provide the Service, credits, or API access to others, or use the Service as a service bureau, without our written permission;
overload, disrupt, or impair the Service or its infrastructure, or interfere with other users; or
use the Service for any purpose prohibited by our upstream providers or in any way that exposes Avxor to legal liability.

Safety flags and suspensions. Messages that our automated safety check identifies as attempts to get around the Service's rules are blocked, and you will see a warning. Flagged messages are recorded and may be reviewed by a person. After review we may, at our discretion, suspend or terminate your account (with or without prior warnings) under section 15. If your account is suspended, we will email you a case number; you may request a review by writing to support@avxor.com with that number.

Discussing, researching, or writing fiction about difficult subjects is not in itself prohibited, but the fact that the Service produces a response does not make a use permitted. We may investigate suspected violations, preserve and disclose information, and cooperate with law enforcement as described in our Privacy Notice. Violations may result in immediate suspension or termination without refund (see section 15). Report abuse or security vulnerabilities to support@avxor.com.

9. Your content

Your Input. "Input" means anything you submit to the Service, including prompts, files, images, and the content of tools and web pages processed at your direction. You retain the rights you hold in your Input. You grant Avxor and its service providers a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, process, adapt (such as to format or compact a conversation), and display your Input and Output solely to provide, maintain, secure, and support the Service, to enforce these Terms, and to comply with law. This licence ends when your content is deleted from our systems, except as described in our Privacy Notice.
Your Output. As between you and Avxor, and to the extent permitted by law, Avxor assigns to you any rights it may have in Output generated for you. Output may not be protected by copyright and may resemble other works; no rights of third parties are granted.
Your responsibilities. You represent and warrant that you have all rights, licences, and consents needed to submit your Input and to use it and the Output as you do, and that your Input and your use of Output do not violate these Terms, any law, or anyone's rights. You are solely responsible for your Input and your use of Output.
No training. We do not use your Input or Output to train AI models.
Feedback. If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you.
Removal. We may, but are not obliged to, remove or refuse to process any content that we believe violates these Terms or the law.

10. Our intellectual property

The Service, including its software, apps, models as offered through the Service, interfaces, designs, text, graphics, logos, and the "Avxor" name and marks, is owned by Avxor or its licensors and protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights or licences are granted to you, by implication or otherwise, and all rights are reserved. You must not remove proprietary notices or use our name or marks without our prior written permission. If you believe content on the Service infringes your rights, send a notice to support@avxor.com with enough detail for us to identify and assess it.

11. Credits, pricing, and payments

Prepaid credits. Using AI models requires prepaid credits. One (1) credit equals US$0.01. New accounts start with zero credits. All prices and payments are in United States dollars.
Usage charges. Each model has a price per one million tokens for input (what is sent to the model, including your message, the conversation history, and attachments) and output (what the model writes, including its reasoning). Current prices are shown in the Service (the "?" next to each model). Before a request, the maximum it could cost may be held from your balance; after it completes, you are charged for the tokens used according to our records and the rest is released. If a response is interrupted, you may be charged for the tokens used up to that point, and if usage cannot be determined the held amount may be charged. Automatic requests that support your chats, such as naming or compacting conversations, are also charged. Our usage records are final and binding absent manifest error.
Price changes. We may change prices, credit values, and models at any time for future use. Changes are shown in the Service before they apply and do not affect completed requests.
Buying credits. Credits can be purchased only on the avxor.com website, in whole-dollar amounts from US$10 to US$1,000, using the payment methods offered at checkout. Payments are processed by Stripe on its own checkout page; Avxor does not receive your full card details. You authorize us and our payment processor to charge your selected payment method for each purchase. You represent that you are authorized to use that payment method. You are responsible for any fees charged by your bank or card issuer, including currency conversion and foreign transaction fees.
Nature of credits. Credits are a limited, revocable, non-transferable licence to use the Service. They are not money, a deposit, a stored-value or gift card, a security, a cryptocurrency, or personal property; they have no cash or monetary value; and they cannot be redeemed, withdrawn, exchanged, sold, transferred, or refunded except as stated in section 12 or required by law. Credits do not expire while the Service operates and your account is in good standing.
Taxes. Prices exclude taxes unless stated. You are responsible for all applicable taxes, except taxes on our income. Where we are required to collect tax, it will be shown at checkout.
Fraud prevention. We may refuse, cancel, limit, or reverse any purchase or credit grant, and suspend the account involved, if we suspect fraud, unauthorized payment, abuse, or an error.

11A. Monthly plans (subscriptions)

Plans. Avxor offers optional monthly plans (currently Plus at US$20, Premium at US$100, and Max at US$200 per month, before any applicable taxes) that let you use the AI models without spending credits, up to the plan's usage limits. Plans can be purchased, changed, and cancelled only on the avxor.com website.
Automatic renewal. A plan renews automatically every month. At the start of each monthly period your payment method is charged the plan's then-current price until you cancel. By subscribing you authorize these recurring charges. The price, billing frequency, and these terms are shown before you confirm checkout, and a receipt is emailed for each charge.
Cancelling. You can cancel at any time online in Plans & usage → Manage billing on avxor.com, or by emailing support@avxor.com. Cancelling stops future renewals. Your plan stays active until the end of the period you have already paid for and then ends. To avoid being charged for the next period, cancel before it begins. Deleting your account cancels your plan immediately.
Usage limits. Plans are not unlimited. Each plan includes an amount of usage per week and per 5-hour window. Weekly limits reset for all subscribers at midnight UK (London) time between Sunday and Monday, and 5-hour windows run on a fixed schedule every 5 hours from that time (the last window before the weekly reset is shorter). In a week in which your plan starts, is upgraded, or its paid period ends, the weekly limit is reduced in proportion to the part of that week your paid plan covers; if your plan renews during that week, the rest of the week's limit becomes available when it renews. Usage is measured by the computing cost of each request, so larger models, longer conversations, attachments, and higher thinking levels use your allowance faster. Before a request runs, its maximum possible usage may be reserved from your allowance and then adjusted to the actual amount. A single request that would exceed a limit on its own cannot run under the plan. Higher plans include more usage, as described on avxor.com, and your current usage is shown in Plans & usage. We may apply additional limits to prevent abuse and keep the Service available for everyone.
When you reach a limit. You can wait for the limit to reset. Or you can turn on "Use credits when I reach a limit", in which case usage until the reset is charged to your credit balance at normal credit prices under section 11. This setting is off unless you turn it on, and you can turn it off at any time.
Changing plans. An upgrade takes effect immediately and starts a new monthly period on the new plan. You are charged the new plan's price at that time, less a prorated credit for the unused part of your current period, as calculated by our payment processor. A downgrade takes effect at your next renewal. You keep your current plan and its limits until then, and no refund or credit is given for the current period.
Price and plan changes. We may change plan prices, usage limits, or features. We will notify you at least 30 days before a price increase applies to your plan. The increase applies from your first renewal after that notice, and you may cancel before then. We may adjust usage limits at any time where reasonably necessary for security, abuse prevention, legal compliance, or changes in our providers' prices or availability.
No refunds. Plan payments are non-refundable, including for partial periods, unused usage, and periods in which you did not use the Service, except where required by law or where we confirm a duplicate charge or billing error caused by us. Unused usage does not carry over to later windows or periods and has no cash value.
Failed payments. If a renewal payment fails, your plan stops providing usage until the payment succeeds. Our payment processor may retry the charge, and if it is not resolved the plan is cancelled.
Refunds and chargebacks. If a plan payment is refunded, reversed, or charged back, the plan ends immediately and section 12 applies.
Suspension. If your account is suspended or terminated for any reason described in these Terms, your plan (paid or gifted) is cancelled immediately, without a refund or credit for the rest of the period. It is not reinstated if your account is later restored.
Personal use. A plan is for one person's own use through the Avxor apps and website. Sharing an account, reselling access, or using automated means to consume a plan's usage is prohibited and may result in suspension or termination without refund.

11B. Referral program

How it works. Each account has a personal invite link. A person who creates a new Avxor account through your link becomes your referred friend. A referred friend "counts" once, either when their Avxor plan has renewed for a second paid month, or 14 days after they buy US$20 or more of credits in a single purchase, provided that purchase has not been refunded, reversed, or disputed. For every five referred friends who count, you earn one reward.
Rewards. You choose each reward you earn: either a free month of Avxor Plus (30 days of a gifted Plus plan with the usual Plus limits; if you already pay for a plan that will renew, a US$20 credit applied to your next plan invoice instead), or 2,000 credits. Where a free month cannot be added to your current plan, the reward is credits. Earned rewards wait in Invite friends until you choose, and you will be emailed when one is earned.
Rules. Rewards have no cash value and cannot be transferred, exchanged, or redeemed for money. You may not refer yourself, create or use multiple accounts, pay for others' plans to earn rewards, use misleading or spam promotion, or otherwise abuse the program. A friend's account must be new, and each account can be referred only once. We may withhold or reverse rewards obtained through abuse, error, refunds, or chargebacks, and rewards are forfeited if your account is suspended or terminated.
Changes. We may change, suspend, or end the referral program, including the reward and the number of friends required, at any time for future referrals. Rewards already earned are honoured unless the rules above were broken.

12. Refunds, chargebacks, and errors

All purchases are final. Credits and plan payments are non-refundable, and unused credits are not refunded on account closure, suspension, or termination, except where a refund is required by law, or where we confirm a duplicate charge or a billing error caused by us. Nothing in these Terms limits rights that cannot be limited under the consumer protection laws that apply to you.
Payment problems. If you were charged but your credits did not arrive, contact support@avxor.com within 60 days of the charge with the date, amount, and email on your receipt. After 60 days, to the maximum extent permitted by law, the charge is deemed accepted.
Chargebacks. Please contact us at support@avxor.com before disputing a charge with your bank or card issuer; we will work with you to resolve any billing problem. If a payment is refunded or reversed, we will remove the corresponding credits from your account (or end the corresponding plan), which may result in a negative balance that must be paid before you can use paid features. Filing a chargeback or payment dispute for any payment made on your account results in the immediate, automatic, and permanent suspension of that account. Your access ends, any plan is cancelled without refund, remaining credits are forfeited, and you may not create or use another account without our written permission. We will email you a case number. If the dispute was filed in error, was made by someone else without your permission, or has been withdrawn, you may ask us to review the suspension by writing to support@avxor.com with your case number; whether to restore the account is at our sole discretion. To the extent permitted by law, you agree to reimburse us for any disputed amount found to be owed and any dispute fees we incur because of a chargeback made without valid grounds.
Errors. If credits are added to your account in error, we may remove them. If prices are displayed in error, we may cancel affected transactions and refund any amount paid.

13. Third-party services

The Service relies on and may link to or interact with third-party services, including hosting, AI model providers, payment processors, email providers, search engines, websites, and tools or integrations you connect. We do not control and are not responsible for third-party services, content, products, availability, security, or practices, and your use of them is at your own risk and subject to their terms. Interruptions or changes by third parties may affect the Service, and we are not liable for them.

14. Privacy

Our Privacy Notice explains how we collect, use, and share personal information. By using the Service, you acknowledge that you have read it. You are responsible for any personal information about others that you include in your Input, and for having a lawful basis to do so.

15. Suspension and termination

By you. You may stop using the Service at any time and delete your account in Settings. Deletion is permanent, forfeits any unused credits, and cancels any plan immediately without a refund for the rest of the period.
By us. We may suspend, limit, or terminate your access to all or part of the Service, or your account, at any time, with or without notice, if we believe you have violated these Terms or the law, if required by law or a provider, to protect the Service, users, or third parties, for non-payment or suspected fraud, or if your account has been inactive for an extended period. We may also discontinue the Service entirely. Where practical and lawful, we will give notice and an opportunity to respond.
Loss of plan and credits. If your account is suspended or terminated — including for a breach of these Terms, a violation of the acceptable use rules in section 8, or a chargeback under section 12 — any plan on the account is cancelled immediately and all remaining credits are forfeited, without refund, credit, or compensation, to the maximum extent permitted by law. If your account is later restored after a review or appeal, the cancelled plan and forfeited credits are not restored or refunded; you may buy credits or subscribe again.
Effect. On termination, your right to use the Service ends immediately. If your account is terminated for a breach of these Terms, unused credits are forfeited without refund. If we terminate your account for convenience or discontinue the Service, we will give at least 30 days' notice where practicable and handle unused purchased credits as required by applicable law. We may delete your content after termination as described in our Privacy Notice.
Survival. Sections 6, 7, 9 through 12 (including 11A), and 15 through 25, and any other provisions that by their nature should survive, survive termination.

16. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL OUTPUT, APPS, CREDITS, CONTENT, AND FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AVXOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AVXOR DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, LAWFUL, OR SAFE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT YOUR DATA WILL NOT BE LOST OR CORRUPTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AND ANY OUTPUT ENTIRELY AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of certain warranties or conditions; in those jurisdictions, the above exclusions apply to the greatest extent permitted, and any warranty or condition that cannot be excluded is limited to the shortest period permitted by law.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL AVXOR, ITS OPERATOR, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (THE "AVXOR PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS, DATA, OR CONTENT, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DAMAGE TO DEVICES, SOFTWARE, OR SYSTEMS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY OUTPUT, OR ANY ACTION TAKEN IN WORK MODE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(b) THE TOTAL AGGREGATE LIABILITY OF THE AVXOR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU ACTUALLY PAID TO AVXOR FOR CREDITS IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (II) FIFTY UNITED STATES DOLLARS (US$50); AND

(c) THE AVXOR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR FAILURE TO COMPLY WITH THESE TERMS, BY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DEVICES, BY THIRD-PARTY SERVICES OR CONTENT, OR BY EVENTS BEYOND OUR REASONABLE CONTROL.

These limitations are an essential basis of the bargain between you and Avxor and reflect a reasonable allocation of risk; the Service would not be offered at its current prices without them. They do not exclude or limit liability that cannot be excluded or limited under applicable law, such as, where applicable, liability for fraud, for death or personal injury caused by negligence, or for gross negligence or intentional misconduct, and they do not affect consumer rights that cannot be waived.

18. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Avxor Parties from and against any and all claims, demands, actions, proceedings, investigations, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Service or any Output; (b) your Input; (c) any action taken in Work mode on your behalf or with your approval; (d) your violation of these Terms, any law, or any third party's rights; (e) any dispute between you and a third party; or (f) any person's use of your account. We may assume exclusive control of the defence of any matter subject to indemnification, in which case you will cooperate fully, and you may not settle any matter without our prior written consent. If you are a consumer in a jurisdiction that does not permit this obligation, it applies only to the extent permitted there.

19. Release and assumption of risk

You acknowledge that AI technology is new and imperfect and that using it involves risks, including the risks described in sections 6 and 7, and you voluntarily assume those risks. To the maximum extent permitted by law, you release the Avxor Parties from all claims, known and unknown, arising out of or relating to: disputes between you and other users or third parties; third-party services, websites, and content; and actions you approve or allow in Work mode. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other jurisdiction, to the extent permitted.

20. Dispute resolution, arbitration, and class waiver

Please read this section carefully. It affects your rights, including your right to go to court and to participate in a class action.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@avxor.com with a description of your claim and the relief you want, and to try in good faith to resolve it with us for at least 60 days.
Binding individual arbitration. To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Avxor (a "Dispute") that is not resolved informally will be resolved exclusively by final and binding arbitration before a single arbitrator, administered under the arbitration rules of the ADR Institute of Canada then in effect, rather than in court. The arbitration will be conducted in English, may be conducted by videoconference or on written submissions, and will be seated in Canada in the province where Avxor's operator resides. The arbitrator may award only individual relief, and judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury waiver. To the maximum extent permitted by applicable law, you and Avxor each agree that Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and that you waive any right to a jury trial. The arbitrator may not consolidate claims of different people or preside over any form of class or representative proceeding.
Exceptions. Either party may (a) bring an individual claim in a small claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized use or abuse of the Service.
Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing support@avxor.com within 30 days after you first accept these Terms, with the subject "Arbitration opt-out" and the email address of your account. Opting out does not affect any other part of these Terms.
Where this section does not apply. If you are a consumer whose local law prohibits or limits pre-dispute arbitration agreements or class action waivers in consumer contracts (for example, consumers in Quebec or Ontario, or in the European Union or United Kingdom), this section applies only to the extent that law permits, and you may bring claims in the courts available to you under that law. If any part of the class action waiver is found unenforceable for a Dispute, that Dispute must proceed in court rather than arbitration.

21. Time limit for claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be started within one (1) year after it arises; otherwise, it is permanently barred.

22. Governing law and venue

These Terms and any Dispute are governed by the laws of the Canadian province in which Avxor's operator resides and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to section 20, you and Avxor submit to the exclusive jurisdiction of the courts of that province for any Dispute that is not arbitrated. If you are a consumer, you also keep the protection of the mandatory laws of the place where you live and any right to bring proceedings in the courts there, to the extent those laws give you that right.

23. Export controls and sanctions

You must comply with all applicable export control and economic sanctions laws, including those of Canada, the United States, the United Kingdom, and the European Union. You must not use, export, or provide access to the Service in or to any embargoed country or region, or to any person on a restricted-party list, or for any prohibited end use.

24. Events beyond our control

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages or failures of third-party providers, internet or power failures, cyberattacks, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action, or changes in law.

25. General terms

Entire agreement. These Terms, the Privacy Notice, and any terms presented to you for specific features are the entire agreement between you and Avxor about the Service and supersede all prior agreements and communications.
Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and limited or reformed only as much as necessary, and the remaining provisions remain in full force and effect.
No waiver. Our failure or delay in enforcing any right or provision is not a waiver of it. Any waiver must be in writing.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to a successor or in connection with a merger, acquisition, reorganization, or sale of assets.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship. There are no third-party beneficiaries, except that the Avxor Parties may enforce sections 16 through 19.
Electronic communications and notices. You consent to receive communications from us electronically, including by email to your account address and through the Service, and agree that these satisfy any legal requirement that communications be in writing. Notices to us must be sent to support@avxor.com.
Interpretation. Headings are for convenience only. "Including" means "including without limitation". If these Terms are translated, the English version controls.
Language. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.

26. Contact

Questions, notices, complaints, reports of harmful output, intellectual property notices, arbitration opt-outs, and payment issues: support@avxor.com.