Terms of Service
Last Updated: January 1, 2026
1. Introduction
Welcome to Avery.dev ("Avery", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our AI-powered software development and deployment platform, including our website (avery.dev), applications, and related services (collectively, the "Service").
The Service is operated by GoodGist Inc., a Delaware corporation with its principal place of business at 1825 S. Grant St, Ste 200, San Mateo, CA 94402, USA.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Account Registration and Eligibility
2.1 Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at legal@avery.dev of any unauthorized use of your account or any other breach of security.
2.3 Account Information
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided is inaccurate, fraudulent, or misleading.
3. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Engage in any fraudulent, deceptive, or misleading activities
- Upload, transmit, or distribute any malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to develop applications that compete directly with Avery
- Scrape, mine, or extract data from the Service using automated means
- Generate, store, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Infringe upon intellectual property rights of any party
- Reverse engineer, decompile, or disassemble any aspect of the Service
4. AI-Generated Code and Content
4.1 AI-Powered Features
Avery uses artificial intelligence to analyze, debug, enhance, and generate code. While we strive for accuracy and reliability, AI-generated content may contain errors, bugs, or security vulnerabilities. You are solely responsible for reviewing, testing, and validating all AI-generated code before deployment.
4.2 No Warranty on AI Output
We do not warrant that AI-generated code will be error-free, secure, or fit for any particular purpose. You acknowledge that AI technology has limitations and may produce unexpected results.
4.3 Training Data
By using the Service, you acknowledge that your code and usage patterns may be used to improve our AI models, subject to our Privacy Policy. Private code repositories and sensitive data are not used for training purposes.
5. Intellectual Property Rights
5.1 Your Content
You retain all intellectual property rights in the code, applications, and content you upload to or create through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to provide the Service.
5.2 Avery Property
The Service, including its software, algorithms, design, trademarks, and related intellectual property, is owned by GoodGist Inc. and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights to the Service.
5.3 Code Ownership
You own the code generated by Avery for your projects. However, if the generated code incorporates open-source components, you must comply with the applicable open-source licenses.
6. Subscription Plans and Payments
6.1 Paid Plans
Access to certain features of the Service requires a paid subscription. Current pricing is available at avery.dev/pricing. We reserve the right to modify pricing with 30 days' notice to existing subscribers.
6.2 Billing
Subscription fees are billed in advance on a monthly or annual basis. Payments are non-refundable except as required by law or as explicitly stated in these Terms.
6.3 Free Trial
We may offer a 7-day free trial for new users. If you do not cancel before the trial period ends, you will be automatically charged for the selected subscription plan.
6.4 Cancellation
You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial months or unused time.
7. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
8. Third-Party Services and Integrations
The Service may integrate with or link to third-party services, platforms, and APIs (e.g., GitHub, cloud hosting providers). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.
9. Service Availability and Modifications
9.1 Uptime
While we strive to maintain high availability, we do not guarantee uninterrupted access to the Service. Scheduled maintenance and unexpected downtime may occur.
9.2 Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of the Service.
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us at legal@avery.dev or through your account settings.
10.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, including if you violate these Terms. Upon termination, your right to use the Service will immediately cease.
10.3 Effect of Termination
Upon termination, you will have 30 days to export Your Content from the Service. After this period, we may delete Your Content from our systems. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, disclaimers, and limitations of liability.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
GOODGIST INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOODGIST INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
- ANY CONTENT OBTAINED FROM THE SERVICE
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
- ERRORS, BUGS, OR SECURITY VULNERABILITIES IN AI-GENERATED CODE
- DEPLOYMENT FAILURES OR DOWNTIME OF YOUR APPLICATIONS
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless GoodGist Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees), arising out of or in connection with: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
14. Dispute Resolution and Arbitration
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
14.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in San Mateo County, California. You and GoodGist Inc. agree to waive the right to a jury trial or to participate in a class action.
14.3 Exceptions
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
15. Export Controls
The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations and sanctions programs administered by the Office of Foreign Assets Control.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and GoodGist Inc. regarding the Service and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
16.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
16.5 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.
18. Contact Information
If you have any questions about these Terms, please contact us at:
