Legal

Terms of Service

Last updated: June 22, 2026Effective: June 22, 2026

These Terms of Service are a binding contract between you and Avalon. They cover how you may use our marketing intelligence platform, what you can expect from us, and the limits of our responsibility. Sections 17 (Limitation of Liability), 18 (Governing Law) and 19 (Arbitration & Class Waiver) affect your legal rights — please read them carefully. By creating an account or using the service, you accept these terms.

1.The agreement & who we are

These Terms of Service, together with any order, plan selection, or enterprise order form, our Privacy Policy, our Acceptable Use Policy, our Cookie Policy, and — where applicable — our Data Processing Addendum (collectively, the "Agreement"), govern your access to and use of the Avalon websites, applications, APIs, and related services (the "Service").

The Service is provided by Avalon, Inc., a Delaware corporation in the United States, and Avalon S.A.S., a company organized under the laws of Colombia with its registered office in Bogotá, D.C. (together, "Avalon", "we", "us" or "our"). Which entity contracts with you, and which law governs, is set out in Section 18.

By accessing or using the Service, you agree to the Agreement. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

2.Eligibility & accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. The Service is intended for business and professional use, not for consumers acting for personal, family, or household purposes.

Accurate information. You agree to provide accurate, current, and complete registration information and to keep it up to date.
Account security. You are responsible for safeguarding your credentials, for enabling available security features such as two-factor authentication, and for all activity under your account. Notify us immediately at hello@avaloncol.com of any unauthorized use.
Organizations and workspaces. Where an account is part of an organization or workspace, administrators may control access, connected platforms, member roles, and data, and may suspend or remove members.

3.The service

Avalon is a marketing intelligence platform that connects to your advertising and analytics accounts, ingests and normalizes the resulting data, and presents unified dashboards, insights, drill-down analytics, and exportable reports (including PDF and PowerPoint formats).

We may add, modify, or discontinue features at any time. We will use commercially reasonable efforts to avoid materially degrading core functionality of a paid plan during a paid term, and to give notice of material adverse changes where practicable.

No professional advice. The Service surfaces analytics, metrics, and AI-generated suggestions to support your decisions. It does not constitute financial, investment, marketing, legal, tax, or other professional advice, and you remain solely responsible for the decisions you make using it.

4.Connected platforms & your data

The Service lets you connect third-party advertising and analytics accounts — for example Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, and Google Analytics 4 (each a "Connected Platform") — using official authorization flows (OAuth). We do not ask for or store your Connected Platform passwords.

Your authorization. By connecting a Connected Platform, you authorize Avalon to access, retrieve, store, and process the data made available through that connection on your behalf, solely to provide the Service.
Your responsibility to authorize. You represent that you have the right to connect each account and to grant us this access, and that doing so does not violate the Connected Platform's own terms or any third party's rights.
Platform terms control. Your use of each Connected Platform remains governed by that platform's own terms and policies. Connected Platforms may change, limit, or revoke API access at any time, which may affect the Service. We are not responsible for the acts, omissions, availability, or accuracy of Connected Platforms.
Customer Data. Data you submit, or that we ingest from your Connected Platforms, is "Customer Data". As between you and us, you own and are responsible for your Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit, process, and display Customer Data only as needed to provide, secure, and improve the Service and as described in our Privacy Policy.

5.Avalon AI features

The Service includes AI-assisted features ("Avalon AI") that generate summaries, answers, narratives, and suggestions from your data. By using these features you acknowledge:

Outputs may be inaccurate. AI output is generated probabilistically and may be incomplete, outdated, or wrong. You are responsible for reviewing and validating any AI output before relying on or acting upon it.
No guarantee of fitness. AI output is provided for informational purposes and without warranty of accuracy, suitability, or non-infringement.
Inputs and processing. To produce output, relevant Customer Data may be processed by us and by AI subprocessors listed in our Subprocessors page. We do not permit our AI subprocessors to use Customer Data to train their general-purpose models except as described in our Privacy Policy.
Acceptable use. You may not use Avalon AI to generate unlawful, infringing, deceptive, or harmful content, or in violation of our Acceptable Use Policy.

6.Subscriptions, trials & billing

Plans and fees

Paid features are offered on a subscription basis. Fees, billing frequency, and included usage are described at the point of purchase or in your order form. Unless stated otherwise, all fees are in U.S. Dollars and are exclusive of taxes.

Free trials

We may offer a free trial. Unless we tell you otherwise, trials do not require a credit card and are not charged automatically. At the end of a trial you may choose a paid plan or, where available, continue on a free tier. We may modify or withdraw trials at any time.

Automatic renewal

Paid subscriptions renew automatically for successive periods equal to your then-current term unless you cancel before the renewal date. You authorize us (and our payment processor) to charge your payment method for each renewal at the then-current rate. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period. Where required by law (including California's automatic-renewal rules), we will provide renewal reminders and an easy online cancellation mechanism.

Payment, taxes and late amounts

Payments are processed by third-party processors; you agree to their terms and to provide accurate billing information.
You are responsible for all applicable taxes, levies, and duties (including VAT, IVA, and withholding taxes), excluding taxes on our net income.
Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend the Service for non-payment after notice.

Refunds

Except where required by applicable law, fees are non-refundable and there are no refunds or credits for partial periods, unused features, or downgrades. Mandatory consumer or statutory rights that cannot be waived are not affected.

Price changes

We may change prices. Changes apply to renewals occurring at least 30 days after we post or notify the new price; your continued use after a change takes effect constitutes acceptance.

7.Your obligations

You are responsible for:

obtaining and maintaining all consents, authorizations, and legal bases required for us to process Customer Data and the data of your own customers and end users on your behalf;
the accuracy, quality, and legality of Customer Data and the means by which you acquired it;
your users' compliance with the Agreement, and for any act or omission by anyone you grant access to your account; and
maintaining your own backups of any data you need; while we maintain operational backups, the Service is not a system of record or an archival service.

8.Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these terms. Without limiting it, you must not:

access the Service to build a competing product, or copy its features, look, or feel;
reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
probe, scan, or test the vulnerability of the Service, or breach or circumvent security or authentication measures, without our prior written authorization;
resell, sublicense, rent, or provide the Service to a third party outside your organization without our written consent;
upload malicious code, or use the Service to store or transmit unlawful, infringing, or harmful material; or
use the Service in a way that imposes an unreasonable load on, or disrupts, our infrastructure or any Connected Platform.

We may suspend access immediately if we reasonably believe your use threatens the security, integrity, or availability of the Service, violates law, or violates the Agreement.

9.Intellectual property

The Service, including all software, designs, text, graphics, analytics models, and the Avalon name and logos, is owned by us or our licensors and is protected by intellectual property and other laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, solely for your internal business purposes and subject to the Agreement.

We reserve all rights not expressly granted. Nothing in the Agreement transfers ownership of the Service to you, and nothing transfers ownership of Customer Data to us.

We may compile aggregated and de-identified data derived from use of the Service (data that does not identify you, any individual, or any Customer Data record) to operate, analyze, and improve the Service. We own such aggregated and de-identified data.

10.Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without obligation or compensation to you.

11.Third-party services

The Service interoperates with Connected Platforms and other third-party services and may contain links to third-party sites. We do not control and are not responsible for third-party services, their content, or their data practices. Your use of a third-party service is governed by that third party's terms, and any data you exchange with it is at your own risk.

12.Privacy & data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor (encargado), our Data Processing Addendum applies and is incorporated by reference. You are responsible for being a compliant data controller (responsable) with respect to data you provide.

13.Confidentiality

Each party may access the other's non-public information ("Confidential Information"). The receiving party will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), will use Confidential Information only to perform under the Agreement, and will not disclose it except to representatives who need to know and are bound by similar obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where permitted).

14.Term & termination

The Agreement applies while you use the Service and for any subscription term you purchase. Either party may terminate for the other's material breach not cured within 30 days of written notice. You may stop using the Service and close your account at any time.

Suspension. We may suspend or limit access for non-payment, suspected fraud or abuse, security risk, or as required by law.
Effect of termination. On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period (typically 30 days) where feasible, after which we may delete it in the ordinary course, subject to legal retention requirements and routine backup cycles.
Survival. Sections that by their nature should survive — including payment obligations, intellectual property, confidentiality, disclaimers, indemnities, limitations of liability, and dispute resolution — survive termination.

15.Warranty disclaimer

The service and all related content and AI output are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Avalon and its suppliers disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, secure, error-free, or that data, metrics, or AI output will be accurate or complete.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.

16.Indemnification

You will defend, indemnify, and hold harmless Avalon and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Data or your use of the Service; (b) your violation of the Agreement or applicable law; (c) your violation of a Connected Platform's terms or a third party's rights; or (d) a dispute between you and your own customers or end users. We will notify you of the claim, allow you to control the defense (without settling in a way that imposes obligations on us without our consent), and reasonably cooperate.

17.Limitation of liability

To the maximum extent permitted by law, in no event will Avalon or its suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, even if advised of the possibility, whether based in contract, tort, or any other theory.

Avalon's total aggregate liability arising out of or relating to the agreement will not exceed the greater of (a) the total fees you paid to Avalon for the service in the twelve (12) months immediately before the event giving rise to the liability, or (b) one hundred U.S. dollars (US$100).

These limitations apply to the fullest extent permitted by law and form an essential basis of the bargain. They do not limit liability that cannot be limited by law — for example, in some jurisdictions, fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or non-waivable statutory or consumer rights.

18.Governing law & disputes

The Agreement, and the entity that contracts with you, depend on where you are located:

If you are located in Colombia, your contracting entity is Avalon S.A.S., the Agreement is governed by the laws of the Republic of Colombia without regard to conflict of laws rules, and, subject to Section 19, the courts sitting in Bogotá, D.C., Colombia have exclusive jurisdiction. Nothing here limits the mandatory rights of consumers or data subjects under Colombian law, including before the Superintendencia de Industria y Comercio (SIC).
If you are located outside Colombia (including in the United States, Latin America other than Colombia, and the rest of the world), your contracting entity is Avalon, Inc., the Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict of laws rules, and, subject to Section 19, the state and federal courts located in Delaware have exclusive jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Where mandatory local law gives you the right to bring proceedings in your country of residence, or grants protections that cannot be waived by contract, those rights are not affected by this section.

19.Arbitration & class action waiver

Please read this section carefully — it affects how disputes are resolved.

Informal resolution first

Before starting a formal proceeding, you agree to contact us at legal@avaloncol.com and try in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration (for Avalon, Inc. customers)

If you contract with Avalon, Inc. (i.e., you are located outside Colombia) and a dispute is not resolved informally, you and Avalon agree to resolve it by final and binding arbitration administered by a recognized arbitration body under its commercial rules, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual property or unauthorized-access matters. The seat of arbitration is Delaware, USA; proceedings may be conducted remotely; and the language is English.

Class action waiver

Disputes will be resolved only on an individual basis. You and Avalon waive any right to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.

30-day opt-out

You may opt out of this arbitration and class-waiver section by emailing legal@avaloncol.com within 30 days of first accepting these terms, stating your name, account, and intent to opt out. Opting out does not affect any other part of the Agreement.

Customers contracting with Avalon S.A.S.

If you contract with Avalon S.A.S. (i.e., you are located in Colombia), disputes are resolved by the courts identified in Section 18, except that the parties may agree in writing to arbitration before a recognized Colombian arbitration center. Mandatory Colombian consumer-protection rights are not waived.

20.Changes to these terms

We may update these terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or an in-product notice) before they take effect. Changes are effective on the date posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service before the effective date.

21.General provisions

Entire agreement. The Agreement is the entire agreement between you and Avalon regarding the Service and supersedes prior agreements on the subject. An enterprise order form or master services agreement signed by both parties prevails over any conflict with these terms.
Assignment. You may not assign the Agreement without our consent. We may assign it in connection with a merger, acquisition, or sale of assets.
Severability & waiver. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices. We may give notice by email, through the Service, or by posting. Legal notices to us must be sent to legal@avaloncol.com.
Relationship. The parties are independent contractors; the Agreement creates no agency, partnership, or joint venture.
Language. These terms may be provided in English and Spanish. If there is a conflict and you contract with Avalon S.A.S., the Spanish version prevails in Colombia; otherwise the English version prevails.

22.Contact

Questions about these terms? Contact us at legal@avaloncol.com (legal) or hello@avaloncol.com (support).