Welcome to Anfold! These Terms of Service ("Terms") govern your use of the Anfold application and services, herein referred to as "Anfold", "Service" or "Services". By accessing or using Anfold, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Service.
Anfold is created by Avocado Technologies UG (haftungsbeschränkt), a company based in Berlin, Germany, herein referred to as "Avocado", "we", "us", or "our".
1. Acceptance of Terms
By creating an account or using Anfold, you agree to these Terms. Our Privacy Policy explains how we process your personal data. It's information, not part of these Terms, and agreeing to these Terms doesn't mean you consent to any processing of your data; where we need your consent, we ask for it separately.
2. Changes to Terms
We may change these Terms for a valid reason, such as a change in the law or in case law, new or changed features, or security needs, provided the change is reasonable for you. We'll tell you about a change in the app or by email at least 30 days before it takes effect. If a change is to your disadvantage, it only applies if you accept it; if you don't, you can keep using Anfold under the previous Terms until we end the contract under section 8, or stop using Anfold and delete your account at any time. We don't change essential terms, such as the scope of the Service or Fuel you've already bought, without your agreement.
3. Using Our Services
You may access and use our Services as long as you comply with these Terms and all applicable laws.
3.1. Eligibility
You must be at least 16 years old to use Anfold. By using the Service, you confirm that you meet this age requirement.
3.2. User Conduct
You are prohibited from using our Services for illegal, harmful, or abusive activities. Examples of prohibited activities include:
- Infringing, misappropriating, or violating anyone's rights.
- Modifying, copying, leasing, selling, or distributing any part of our Services.
- Attempting to reverse engineer, decompile, or discover the source code of our Services, including models, algorithms, or systems.
- Automatically extracting data or Output without permission.
- Misrepresenting Output as human-generated when it is not.
- Interfering with or disrupting our Services, including bypassing protective measures or rate limits.
- Using Output to develop competing services with Anfold.
In this context, we are using the term "Output" as defined in the "Content" section of these Terms.
3.3. Account Registration
To access certain features of Anfold, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and for any activities or actions under your account.
3.4. Software
Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licences that we've made available to you.
4. Subscriptions, Fuel and Purchases
Anfold is free to download, and every feature is available on every plan, including the free one. The features that use AI, such as drafting entries, generating analyses, planning meals, and the assistant's replies, use a usage allowance called “Fuel” (see 4.3). New accounts start with some free Fuel. You can get more Fuel with a monthly subscription (“Subscription”), which adds Fuel at the start of each billing period, or with one-off Fuel refills (“Refills”). Plans differ only in how much Fuel they add. This section sets out the terms for Fuel, Subscriptions, and Refills.
4.1. Purchases Through Apple and Google
You buy Subscriptions and Refills in the app through Apple's App Store or Google Play. Apple or Google processes the purchase and the payment as merchant of record, and their terms of sale apply to the purchase, including payment, billing, renewal, cancellation, and refunds. Prices, including VAT, are shown in the store before you buy and can vary by country.
4.2. Subscriptions
A Subscription renews automatically for the billing period shown in the store until you cancel it. Please note:
- Apple or Google charges the price to the payment method in your store account at the start of each billing period until you cancel.
- You can cancel at any time in your App Store or Google Play account settings. Deleting the app or your Anfold account doesn't cancel a Subscription by itself.
- A cancellation takes effect at the end of the current billing period. Until then, you keep the Subscription Fuel for that period.
4.3. Fuel
Fuel is a usage allowance within Anfold that you use for the AI features. How much Fuel an action uses depends on how much AI work it takes: for example, a seven-day meal plan uses more Fuel than describing one meal. Re-adding a saved entry from your Library uses no Fuel. Please note:
- Fuel isn't money, legal tender, or a payment instrument, and you can't exchange it for money. This doesn't affect any refund you're entitled to under the law or the store's terms.
- Free Fuel and Subscription Fuel are used before Refill Fuel.
- Unused Subscription Fuel and unused free Fuel don't carry over: at the start of each billing period, your Subscription Fuel is set to the amount included in your plan. For example, if your plan includes 1,000 Fuel per month and you use 500 in one month, your Subscription Fuel is set to 1,000 (not 1,500) at the start of the next period.
- Refill Fuel doesn't expire: it stays until you use it, as long as your account exists.
- If you run out of Fuel, the AI features pause until you get more Fuel. Everything you've logged stays available.
- You can see your Fuel balance in the app. If you think Fuel was added or deducted incorrectly, contact us and we'll check it.
- Fuel is tied to your account. You may not sell, transfer, give away, or trade Fuel, or obtain or use Fuel by manipulating the Service, for example through fake accounts or by exploiting errors. If you do, we may remove the Fuel affected and, in serious or repeated cases, suspend or end your account under section 8.
4.4. Changes to Pricing
Prices are set in the App Store and Google Play. If we change the price of a Subscription, the change applies under the store's procedure for price changes, which informs you in advance and, where required, asks for your agreement. If you don't want to pay the new price, you can cancel before it applies. Price changes don't affect Refills you've already bought.
4.5. Refunds and Withdrawal
Because Apple or Google processes your purchase, you request refunds from them, under their refund policies: from Apple at reportaproblem.apple.com, and from Google through your Google Play account. Your statutory rights as a consumer remain unaffected, including any right of withdrawal and your rights if Fuel or a Subscription isn't provided as agreed. If you cancel a Subscription, you keep its Fuel until the end of the current billing period; you get no pro-rata refund for the rest of the period unless the law or the store's terms provide for one.
4.6. Failed Payments
If Apple or Google can't collect a Subscription payment, the store may retry it for a while, and we may hold back the new period's Subscription Fuel until the payment succeeds. If the Subscription ends, you keep your account, every feature, and your Refill Fuel.
5. Content
You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content".
5.1. Ownership
You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
To the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
5.2. Similarity of content
Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users' output or any Third Party Output.
5.3. Our use of content
We use your Content only to provide, maintain, secure, and improve Anfold, to comply with the law, and to enforce these Terms, as described in our Privacy Policy. We don't sell your Content or use it for advertising.
5.4. Accuracy
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
- Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice (including medical, nutritional, or fitness advice).
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our Services may provide incomplete, incorrect, or offensive Output that does not represent Avocado's views.
- If Output references any third party products or services, it doesn't mean the third party endorses or is affiliated with Avocado.
5.5. Intellectual Property
All content and assets available on the Service, including text, graphics, logos, icons, images, and software, herein referred to as "Service Content", is the property of Avocado Technologies UG (haftungsbeschränkt) or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service and its Service Content for your personal, non-commercial use.
5.6. User-Generated Content
You can submit content to the Service, such as text, photos, or notes (“User Content”). To the extent your User Content is protected by copyright or similar rights, you grant Avocado Technologies UG (haftungsbeschränkt) a non-exclusive, royalty-free right to store, reproduce, and process it (for example, to analyze it with AI, resize photos, or create entries and analyses from it), solely to provide Anfold to you and to maintain, secure, and improve Anfold as described in our Privacy Policy. Our service providers may exercise this right on our behalf, only for these purposes. We won't publish your User Content, make it available to other users, sell it, or use it for advertising. The right ends when you delete the User Content or your account, except for copies we're required by law to keep.
6. Availability and Health Information
We provide Anfold with reasonable care, but we can't promise that it will always be available, uninterrupted, or free of errors, or that Output will be accurate (see 5.4). Any health, nutrition, or exercise information from Anfold is for general information only and isn't medical advice. Always consult a qualified health professional before making major changes to your diet or exercise. If you're a consumer, your statutory rights remain unaffected, including the statutory warranty for digital products.
6.1. Health & Nutrition Disclaimer
Anfold is a food-and-training journal and assistant that uses AI to help you track meals, workouts, and notes on how you feel. While we strive to provide helpful insights, analyses, and recommendations, the information provided by Anfold is not intended to:
- Replace professional medical, nutritional, or fitness advice;
- Diagnose, treat, cure, or prevent any disease or health condition;
- Serve as a substitute for guidance from qualified healthcare providers.
Always consult your doctor, dietitian, or other qualified health professional before making decisions about diet, exercise, medications, or health-related actions based on information provided by Anfold. If you experience any adverse symptoms, health changes, or emergencies, discontinue use of the Service and seek professional medical assistance immediately.
7. Privacy
Please review our Privacy Policy to understand how we collect, use, and share information about you.
8. Termination
You can stop using Anfold at any time and delete your account in the app. If you have a Subscription, also cancel it in your App Store or Google Play account (see 4.2).
We may end our contract with you by giving at least 30 days' notice, for example if we discontinue Anfold. If we do, we'll refund the value of Refill Fuel you've paid for and haven't used.
We may suspend or end your access without notice for good cause, in particular if you seriously or repeatedly breach these Terms (for example, 3.2 or 4.3) or if the law requires it. Where reasonable, we'll warn you first and give you a chance to fix the problem. Your statutory rights remain unaffected.
9. Limitation of Liability
We're liable without limitation for damage we cause intentionally or through gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent of any guarantee we've given.
For slight negligence, we're only liable if we breach an obligation whose fulfilment is essential to the proper performance of the contract and on which you may regularly rely (an essential obligation). In that case, our liability is limited to the damage that is typical and foreseeable for this kind of contract. Otherwise, we aren't liable for slight negligence.
These limitations also apply to the personal liability of our managing directors, employees, representatives, and agents.
10. Governing Law and Language
These Terms, and our contract with you, are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you're a consumer and your habitual residence is in another country, this choice of law doesn't deprive you of the protection of the mandatory provisions of the law of that country (Art. 6(2) Rome I Regulation).
These Terms are available in English and German. If the two versions differ, the German version prevails. This does not limit any rights you have under mandatory consumer protection laws of your country of residence.
11. Jurisdiction and Dispute Resolution
If you're a consumer, the statutory rules on jurisdiction apply. If you live in the EU, you can sue us in the courts of the country where you live or in Germany, and we can only sue you in the courts of the country where you live (Art. 18 Brussels Ia Regulation).
If you're a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany.
We're neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If you have a complaint, please contact us first at [email protected].
By using Anfold, you acknowledge that you have read, understood, and agree to these Terms of Service.