Terms & conditions

1. Use and about us

https://avoloapp.com (the “Site”), Avolo App, and, Make It Big App (together the “Services“) are operated by Ephyna Ltd(“we” or “us”). This page (together with any documents referred to on it) tells you the terms of use on which you may make use of the Services and your use of the Services are subject to these terms. By using the Services, you indicate that you accept these terms and that you agree to be bound by, and to abide by them. If you do not agree to these terms of use, refrain from using the Services and delete the Avolo app.

2. Contact

You may contact us by emailing team@avoloapp.com We will respond to you in accordance with our Privacy Policy.

3. Services

3.1. The Avolo App and Make It Big App are made available to you via the Apple App Store. To download any of our Apps, you will need to separately agree to Apple’s terms of use.

3.2. From time to time we will provide updates to the Services to ensure the smooth running of the Services, fix issues and improve performance. To the extent these updates are not installed automatically, we recommend you install these.

3.3. Our Privacy Policy https://avoloapp.com/privacy sets out what data we collect and how we use it. It is important that you read this information.

3.4. We work hard to ensure that you have the best user experience of the Services. We cannot guarantee that you will always be able to access the Services or that the Services will meet your expectations. The Avolo App is only supported on devices powered by an Apple Silicon (M1, M1 Pro, M1 Max, M2) chip.

3.5. We use reasonable endeavours to ensure the Services are protected, however we cannot guarantee the Services will remain free from viruses or security vulnerabilities.

3.6. We will not be liable for any of the content of a Third Party Site.

3.7. We reserve the right:

1. To restrict access to some or all parts of the Services.
2. To withdraw or amend the service we provide on any of the Services without notice and we will not be liable if any of the Services are unavailable from time to time.

4. Your obligations

4.1. You will not use the Services:

1. In an unlawful manner or for any unlawful purpose.
2. For the encouragement, support or facilitation of violence, suicide, self-harm, the harming of others (including but not limited to child abuse), support of crime or terrorist activity, global warming, or discrimination of any kind (including but not limited to discrimination on the basis of race, ethnicity, nationality, religion, gender, sexual orientation, disability, age or cultural background).
3. For the purposes of uploading, viewing, downloading or having any involvement whatsoever with pornography (whether legal or not) or other sexually explicit or similar material.
4. In relation to the sale and purchase of controlled drugs (as defined pursuant to UK legislation), whether they are legal or not in the territory in which you are located.
5. To hack into any systems, or insert, encourage or facilitate the insertion of or share, any malicious code, viruses, trojans, worms, logic bombs, keystroke loggers, spyware or other harmful data, into any website, platform, app or other application.  
6. To create, spread, support or otherwise share fake news or material that is reasonably likely to deceive any person.
7. To create, spread, support or otherwise share any material that is defamatory, offensive, threatening, abusive or invasive of any person’s privacy.
8. To impersonate any person or to misrepresent your identity or affiliation with any person.
9. In any way that would be reasonably likely to harass, upset, embarrass or alarm any person.
10. Infringe any copyright, database right or trademark of any other person.

4.2. You must not:

1. Interfere with, damage or disrupt any part of any Service or any equipment or network on which any Service is stored or operates from.
2. Act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs, keystroke loggers, spyware or other harmful data, into any Service or any operating system.
3. Attempt to gain unauthorised access to any Service, the server on which any of the Services are stored or operate from, or any server, computer or database connected to any Service.
4. Attack any Service via a denial-of-service attack or a distributed denial-of service attack.
5. Infringe upon our intellectual property rights, including but not limited to,  taking any steps to reverse engineer any Service.
6. Reproduce, duplicate, copy or re-sell any Service or any part of any Service.

4.3. If you install any Service on any device not owned by you, you must have the owner’s permission to do so and will remain responsible for complying with these terms.

5. Our rights

5.1. We will determine, in our discretion, whether there has been a breach of our terms. When a breach of our terms has occurred, we may take such action as we deem appropriate.
5.2. If we suspect, or receive evidence suggesting that you have acted in breach of these terms or have failed to comply with these terms, we reserve the right to take any or all of the following actions:

1. Immediate, temporary or permanent withdrawal of your right to use any Service.
2. Issue of a warning to you.
3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4. Further legal action against you.
5. Disclosure of any information to relevant authorities and/or law enforcement authorities as we consider necessary.
6. Any other action that we consider appropriate.

6. Linking to the Services

Any Service, including any Avolo App, Make it Big App, or the Site may not be framed or embedded into any third-party websites or services without the express prior written consent of Ephyna Ltd.

7. Linking from the Services

Where the Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. Limitation of liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of the Ephyna group and third parties connected to us hereby expressly exclude:
8.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
8.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with any Service or in connection with the use, inability to use, or results of the use any Service, any websites linked to it and any materials posted on it, including, without limitation, any liability for:

1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of anticipated earnings;
6. loss of data;
7. theft of data;
8. loss of goodwill;
9. wasted management or office time; and
10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

9. Changes to our terms

We may revise our terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

10. Governing law and jurisdiction

10.1. These terms are governed by, and shall be construed in accordance with, English law.

10.2. The courts of England and Wales have exclusive jurisdiction to settle any claim or dispute.