These Terms of Service (“Terms”) govern your access to and use of the Avenly mobile application and related services (the “Service”). Avenly is operated by LavaWave LLC, a California limited liability company (“LavaWave,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.
Avenly is a caregiving coordination application that helps you organize care among the members of a care circle. Its features include shared care circles, medication tracking and reminders, schedules, and document storage. We may add, change, or remove features at any time.
Avenly is an organizational and coordination tool. It is not a medical device, it is not a healthcare provider, and it does not provide medical advice, diagnosis, or treatment.
The information and features in the Service, including medication lists, dose logs, reminders, and related information, are provided to help you organize care. They are not a substitute for the judgment of a qualified healthcare professional. Reminders and logs are conveniences, and we do not guarantee that any notification will be delivered, that a dose has actually been taken or skipped, or that any information in the Service is complete or accurate. Always confirm medical information with a qualified professional, and never disregard or delay professional medical advice because of something you read or record in the Service.
The Service is not designed for medical emergencies. In an emergency, call 911 or your local emergency number.
You are responsible for the information you provide, for keeping your account credentials secure, and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. Notify us promptly if you believe your account has been used without your authorization.
You retain ownership of the information and materials you submit to the Service, including the care information you enter (“Your Content”). You grant LavaWave a limited, non-exclusive license to host, store, process, and display Your Content solely as needed to operate and provide the Service to you and the care circle members you invite.
You are responsible for Your Content and for the information you enter about other people. By entering information about another person, you represent that you have the authority to do so. You agree not to submit content that is unlawful or that violates the rights of others.
The Service offers a free tier and an optional paid subscription, “Avenly Plus.” Avenly Plus is offered as an auto-renewing subscription at $14.99 per month or $129.99 per year, at the price displayed in the app at the time of purchase.
Subscriptions are purchased through, and billed by, the Apple App Store or Google Play, in accordance with the terms of the store you use. Your subscription automatically renews for the same period unless you cancel it at least 24 hours before the end of the current period. Payment is charged to your store account at confirmation of purchase and again upon each renewal. You can manage or cancel your subscription through your store account settings. Refunds, if any, are handled by the applicable store under its own policies. We may change subscription pricing, and we will provide notice of any change as required.
You agree not to misuse the Service. You will not use the Service for any unlawful purpose, attempt to gain unauthorized access to it, interfere with its operation or security, reverse engineer or attempt to derive its source code except as permitted by law, or use it in any way that infringes the rights of others.
The Service, including its software, design, and branding, is owned by LavaWave and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose, subject to these Terms.
The Service relies on third-party services, including those provided by Apple, Google, and our service providers. Your use of those services may be subject to their own terms, and we are not responsible for the acts or omissions of third parties.
The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. This section applies together with the Medical Disclaimer in Section 4.
To the fullest extent permitted by law, LavaWave and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of or inability to use the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the 12 months before the claim arose or one hundred dollars ($100).
You agree to indemnify and hold harmless LavaWave and its owners, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of your use of the Service, Your Content, or your violation of these Terms.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination will survive, including Sections 6, 11, 12, and 13.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that any dispute relating to these Terms or the Service will be resolved in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.
We may update these Terms from time to time. If we make changes, we will post the updated Terms and revise the “Effective Date” above. Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Terms.
Avenly is operated by LavaWave LLC.
Email: support@avenlycare.com