Avery Terms of Use

Version 1.0 — Effective July 15, 2026

These Terms of Use (the "Terms") are a binding agreement between you and GoodGist Inc., a company with its principal place of business at 1825 S Grant St, Suite 200, San Mateo, CA 94402, USA ("GoodGist," "we," "us," or "our"). In these Terms, "GoodGist" includes our affiliates and subsidiaries, including Researchfin LLC and Researchfin India Private Limited, each of which may provide portions of the Service and is an intended beneficiary of these Terms.

These Terms govern your access to and use of Avery (also branded "Avery.Software"), including the Avery desktop application, the Avery local service, the avery.software website, agent runners and remote deployment tooling, templates, documentation, and any related software, features, and services we make available (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, SIGNING IN, INSTALLING, ACCESSING, OR USING THE SERVICE, OR BY CLICKING "I AGREE" (OR SIMILAR), YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

IMPORTANT NOTICES:

• Section 8 — you are solely responsible for the agents and apps you build and run, and for everything they do.
• Section 22 and Section 23 — the Service is provided "AS IS" and our liability is limited.
• Section 26 — disputes are resolved by binding individual arbitration and you waive class actions, unless you opt out within 30 days.

1. Who May Use the Service

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and capable of forming a binding contract to use the Service. The Service is designed for professional and business use and is not directed to children.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. You may not use the Service if you have previously been suspended or removed from it, or if you are barred from receiving it under applicable law.

2. Definitions

• "Agent" means an automated workflow, assistant, or process that you or another user creates, configures, imports, installs, deploys, or runs using the Service, including any workflow steps, triggers, schedules, connections, and settings that make it up.
• "App" means an application (including web, mobile, desktop, or agent-backed applications) generated, composed, or built with the Service.
• "Output" means any content, data, code, files, documents, communications, actions, or other results produced by the Service, an Agent, an App, or an AI Provider in the course of your use.
• "Your Content" means the content, data, prompts, instructions, files, credentials, knowledge, and other materials you (or your Agents on your behalf) provide to, store in, or process through the Service.
• "AI Provider" means a third-party provider of artificial intelligence models or services (for example Anthropic, OpenAI, Google, or xAI), and any local or on-device model runtime.
• "Third-Party Service" means any service, website, API, application, model, connector target (for example email, calendar, messaging, spreadsheets, search, market data, or hosting providers), or other resource not operated by GoodGist.

3. The Service

Avery is a software platform that lets you describe what you want in plain language and then builds and runs Agents and Apps for you. Agents can act autonomously: among other things, they can read and write files on your computer, browse the web, send and receive email and messages, call third-party APIs and services using credentials you supply, run code, transform documents, run on schedules or in response to triggers, and be deployed to other machines.

Much of the Service runs locally on your own device. You are responsible for providing the hardware, operating system, network connectivity, and third-party accounts needed to use the Service. Certain features depend on Third-Party Services (including AI Providers) that you enable and that are outside our control.

4. Accounts and Sign-In

You may need an account to use the Service. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for all activity that occurs under your account and on devices where the Service is installed, and for maintaining the confidentiality and security of your account, devices, credentials, passphrases, and recovery codes. Notify us promptly at support@avery.software of any unauthorized use. We are not liable for losses arising from unauthorized use of your account or devices, or from your loss of encryption passphrases or recovery codes (which may make locally encrypted data permanently unrecoverable).

5. License and Restrictions

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for your internal business or personal purposes. This is a license, not a sale. Some components of the Service include open-source software governed by their own licenses; those licenses control for those components.

You will not (and will not permit or instruct anyone else, or any Agent, to):

• copy, modify, translate, or create derivative works of the Service, except as these Terms expressly allow;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or algorithms of the Service, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise make the Service available to third parties as a service bureau, hosted offering, or competing product, except through features we expressly provide for sharing and deployment;
• remove, obscure, or alter any proprietary notices;
• circumvent, disable, or interfere with any security, entitlement, licensing, metering, usage limit, or access-control feature of the Service;
• access the Service to build a competing product or to benchmark it for publication without our prior written consent; or
• use the Service in violation of Section 12 (Acceptable Use).

6. Your Content

You retain all rights you have in Your Content. You grant GoodGist a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use Your Content solely as needed to provide, secure, maintain, and improve the Service, to comply with law, and as otherwise described in our Privacy Policy. For content that never leaves your device, our access is inherently limited; for content you transmit through or to us (for example telemetry, support materials, or content you publish or share), this license applies to that content.

You represent and warrant that you have all rights necessary to provide Your Content and to instruct Agents to access the data and services they access, and that Your Content and its use with the Service do not violate any law or any third party's rights (including intellectual property, privacy, and publicity rights) or any agreement you are bound by (including Third-Party Service terms and your employer's policies).

We do not monitor Your Content or your Agents, but we reserve the right (without obligation) to review, restrict, or remove content that is shared through or hosted on our systems if we believe it violates these Terms or the law.

7. Ownership of Agents, Apps, and Output

As between you and GoodGist, you own the Agent configurations and Apps you create with the Service and, to the extent permitted by applicable law and subject to the rights of AI Providers and other third parties, the Output generated for you. You acknowledge that: (a) Output is generated by automated systems and may not be protectable by intellectual-property rights; (b) similar or identical Output may be generated for other users; and (c) Output may contain material that is inaccurate, incomplete, or that third parties claim rights in. You are responsible for your use of Output.

Nothing in these Terms transfers to you any rights in the Service itself, our software, templates we author, brand elements, documentation, or anything else we make available, all of which remain the exclusive property of GoodGist and its licensors. If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.

8. Agents Act for You — Your Responsibility and Assumption of Risk

This section is the heart of these Terms. Please read it carefully.

8.1 Your Agents are yours. You are solely responsible for the Agents and Apps you create, configure, modify, import, install, deploy, activate, schedule, or run — including their design, instructions, prompts, connections, credentials, triggers, spending limits, access grants, and the people you give access to. Every action an Agent or App takes is deemed taken by you.

8.2 Autonomy entails risk. Agents and Apps operate autonomously and probabilistically. They may act in ways you did not anticipate, including without limitation: sending, deleting, or modifying emails, messages, calendar events, records, or files; making API calls; incurring usage-based charges with AI Providers and Third-Party Services; browsing and submitting web forms; generating and publishing content; executing code; making or influencing transactions; and interacting with other people and systems. YOU ASSUME ALL RISK ARISING FROM CONFIGURING AND RUNNING AGENTS AND APPS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODGIST IS NOT LIABLE FOR ANY LOSS, DAMAGE, COST, CLAIM, OR CONSEQUENCE OF ANY KIND ARISING FROM OR RELATING TO ANY AGENT OR APP BUILT, CONFIGURED, IMPORTED, DEPLOYED, OR RUN BY YOU OR ON YOUR BEHALF, OR FROM ANY ACTION TAKEN OR NOT TAKEN, OR OUTPUT PRODUCED, BY ANY AGENT OR APP.

8.3 Safety features are aids, not guarantees. The Service includes features intended to help you supervise automation — for example approvals, review queues, dry runs, simulated writes, practice runs, spending caps, permission grants, and activity logs. These features are provided as conveniences. They may fail, be misconfigured, or be bypassed by the systems they interact with, and their presence does not shift responsibility for your Agents to GoodGist. You are responsible for reviewing what your Agents propose to do, testing Agents with non-critical data before relying on them, supervising them in production, and maintaining independent backups of any data an Agent can touch.

8.4 Duty to supervise and comply. You must ensure that your use of Agents and Apps — including any data they collect, communications they send, decisions they inform, and automation they perform — complies with all applicable laws and regulations (including privacy, data protection, anti-spam, telemarketing, consumer-protection, employment, financial-services, and export laws), with the terms of every Third-Party Service they interact with, and with any duties you owe to the people whose data they process. If an Agent sends communications, you are the sender. If an Agent processes personal data, you are the controller or business responsible for it.

8.5 Prohibited high-risk uses. You may not use the Service in connection with any activity where failure, error, or inaccuracy could lead to death, personal injury, or severe physical, environmental, or financial harm — including without limitation operation of medical devices or clinical decision-making without a licensed professional's independent review, life support, emergency services and public-safety dispatch, nuclear facilities, aircraft navigation or control, autonomous vehicles or heavy machinery, or weapons systems. You may not use the Service to make fully automated decisions that produce legal or similarly significant effects on individuals (for example employment, credit, lending, housing, insurance, education, or immigration decisions) without meaningful human review and full compliance with applicable law.

8.6 Shared, imported, and deployed Agents. The Service lets users export, import, share, and deploy Agents, Apps, templates, and skills. Anything you import or install from another person or source — even if it is cryptographically signed, and even if it appears in a gallery or catalog we operate — is third-party content that we do not author, vet, endorse, or warrant. A signature indicates origin, not safety. Review what an imported item can access before installing it, and grant it only the access you intend. If you share or deploy an Agent to others, you are its operator: you are responsible for what it does, for the access you grant, for the conduct of the people you authorize, and for your compliance with any obligations owed to them.

9. AI Outputs — No Reliance; No Professional Advice

Artificial intelligence generates predictions, not facts. Output may be inaccurate, incomplete, outdated, biased, offensive, or entirely fabricated even when it appears confident, plausible, and well-cited. You must independently verify Output before relying on it or acting on it.

Output is provided for informational purposes only and is not professional advice. The Service does not provide, and Output must not be treated as, legal, medical, financial, investment, tax, accounting, engineering, or other professional advice. Nothing in the Service constitutes an offer, recommendation, or solicitation to buy or sell any security or other financial instrument. Always consult a qualified professional for decisions that matter. To the maximum extent permitted by law, GoodGist has no liability for any decision made or action taken in reliance on Output.

10. Third-Party Services, Connectors, and AI Providers

The Service can connect to Third-Party Services that you choose to enable — for example AI Providers, email and calendar providers, messaging platforms, search and data providers, browsers, hosting and deployment platforms, and any service reachable through a connector you configure or that the Service builds at your direction.

• Your relationship, your terms. Your use of each Third-Party Service is governed solely by your agreement with that provider, including its terms, acceptable-use policies, privacy policy, and fees. You are responsible for having valid accounts and rights to connect them, and for complying with their terms (including when an Agent acts through them on your behalf).
• Your keys, your costs. Where you supply your own API keys, sign-ins, or subscriptions (including an AI Provider subscription or API key), all resulting usage, charges, rate limits, and consequences are between you and that provider. Usage-based costs can accrue quickly with automated systems; features such as spending caps are estimates and conveniences, not guarantees, and you remain responsible for all charges billed to your accounts.
• No control, no endorsement. We do not control Third-Party Services and are not responsible for their availability, performance, security, data handling, changes, or discontinuation, nor for any loss arising from them. A Third-Party Service may change or revoke access at any time, which may break Agents that depend on it.
• Data flows you direct. When you or your Agents send content to a Third-Party Service (including prompts and files sent to AI Providers), that content is handled under the third party's terms and privacy policy. Do not route data through a Third-Party Service unless you are authorized to do so.

11. Fees, Plans, Billing, and Changes to Pricing

Parts of the Service may be offered free of charge and parts under paid plans. For paid plans, you agree to pay all applicable fees and taxes. Unless stated otherwise at purchase: subscriptions renew automatically for successive periods at the then-current price until cancelled; fees are payable in advance and are non-refundable except where required by law; and cancellation takes effect at the end of the current billing period.

We may change our prices, plans, plan features, usage limits, and entitlements at any time. For paid subscriptions, price changes take effect no earlier than your next renewal, and we will provide reasonable advance notice (for example by email, on the website, or in the app); your continued use or renewal after the change takes effect constitutes acceptance. Free offerings, trials, betas, and promotional pricing may be modified, limited, or withdrawn at any time without notice. If you do not agree to a pricing change, your remedy is to cancel before it takes effect.

We may suspend or terminate access for non-payment. You are responsible for all third-party fees (Section 10) regardless of your GoodGist plan.

12. Acceptable Use

You may not use the Service — directly, through an Agent or App, or by assisting anyone else — to:

• violate any applicable law or regulation, or facilitate anyone else's violation;
• infringe, misappropriate, or violate any intellectual-property, privacy, publicity, or other rights of any person;
• create, train on, transmit, or store child sexual abuse material or any content that sexualizes minors; or engage in exploitation or abuse of minors in any form;
• generate or distribute malware, ransomware, or other malicious code; conduct phishing, credential harvesting, or social engineering; or gain (or attempt to gain) unauthorized access to any system, account, network, or data;
• conduct security testing of systems you do not own or lack written authorization to test;
• send spam or other unsolicited bulk communications; violate anti-spam, telemarketing, or robocall laws (including CAN-SPAM, CASL, and the TCPA); harvest contact data without consent; or evade suppression lists;
• harass, threaten, defame, or abuse any person; stalk or surveil individuals without lawful authority; or engage in doxxing;
• deceive or defraud, including impersonating any person or entity, misrepresenting automated content as human-authored where disclosure is required by law, creating deceptive deepfakes, manipulating markets, or generating fake reviews, engagement, or credentials;
• interfere with or disrupt the Service or any Third-Party Service, including by scraping in violation of a service's terms, circumventing rate limits or technical protections, or imposing unreasonable load;
• circumvent or attempt to circumvent any entitlement, licensing, metering, safety, or content-moderation mechanism of the Service or of any AI Provider;
• develop, support, or facilitate weapons of mass destruction, terrorism, human trafficking, or other serious crimes;
• process data you have no right to process, including data subject to regulatory regimes you have not complied with (for example HIPAA, GLBA, PCI-DSS, FERPA, or equivalent laws), unless you are solely responsible for and capable of that compliance — we offer no compliance undertaking (including no business associate agreement) unless separately agreed in writing; or
• resell, white-label, or provide the Service to third parties except through features we expressly provide.

We may investigate suspected violations and may, without notice or liability, remove or disable content, throttle or suspend Agents or accounts, revoke shared or deployed items, report to authorities, and cooperate with law enforcement. We have no obligation to monitor, but we reserve the right to protect the Service, our users, and the public.

13. Changes to the Service

The Service is a rapidly evolving product. We may add, change, redesign, limit, suspend, deprecate, remove, or discontinue any feature, functionality, integration, model, template, plan capability, or component of the Service — or the Service as a whole — at any time, with or without notice, and without liability to you. This includes changes that may affect existing Agents and Apps (for example a changed integration, model, or capability that an Agent depends on). We may also deliver automatic updates to the software, and you consent to receiving them; some updates may be required to continue using the Service.

Where a change materially and adversely affects a paid plan mid-term, your exclusive remedy is to cancel and, where required by law, receive a pro-rated refund of prepaid fees for the unused remainder of the current term.

14. Changes to These Terms

We may modify these Terms at any time. When we do, we will update the "Effective" date above and post the revised Terms in the app and on the website; for material changes we will provide reasonable notice (for example in-app, by email, or on the website). Changes take effect when posted unless the notice says otherwise. Your continued access to or use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and cancel any subscription. Material changes to Section 26 (arbitration) will not apply to disputes that arose before the change unless you accept them.

15. Privacy

Our collection and use of personal information in connection with the Service is described in the Avery Privacy Policy. By using the Service you acknowledge the Privacy Policy. Note that much of your data is stored locally on your device and does not reach us; Section 3 of the Privacy Policy explains what does.

16. Beta and Experimental Features

We may offer alpha, beta, preview, experimental, or early-access features, sometimes gated by flags or plans ("Beta Features"). Beta Features are provided for evaluation, may be unstable or incomplete, may change or disappear at any time, may involve additional risk (including data loss), and are provided "AS IS" with all faults and without any warranty, support commitment, or liability of any kind, notwithstanding anything else in these Terms.

17. Copyright Complaints (DMCA)

If you believe content available through the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512 to our designated agent: Copyright Agent, GoodGist Inc., 1825 S Grant St, Suite 200, San Mateo, CA 94402, USA; email legal@avery.software. Your notice must identify the work, the allegedly infringing material and its location, your contact information, the statutory good-faith and accuracy statements, and your physical or electronic signature. We may remove or disable allegedly infringing material and may terminate repeat infringers' accounts. Misrepresentations in a notice or counter-notice may expose you to liability under 17 U.S.C. § 512(f).

18. Suspension and Termination

You may stop using the Service at any time and may cancel a subscription as described in Section 11. We may suspend or terminate your access to all or part of the Service at any time, with or without cause or notice, including if we believe you have violated these Terms, created risk or legal exposure for us or others, or where required by law, or if we discontinue the Service. Where practicable and lawful, we will make reasonable efforts to notify you and, for a for-cause termination of a paid plan, no refund is due; for a without-cause termination by us of a paid plan, we will refund prepaid fees for the unused remainder of the current term as your exclusive remedy.

Upon termination: your license ends; you must stop using the Service; and provisions that by their nature should survive (including Sections 6–10, 12, and 17–27) survive. Locally stored data remains on your device and is your responsibility; we have no obligation to retain or provide data after termination.

19. Confidentiality of Non-Public Features

If we give you access to non-public features, roadmaps, or pricing under an expectation of confidentiality, you will not disclose them to third parties without our written consent.

20. Export Controls and Sanctions

You may not use, export, re-export, or transfer the Service except as authorized by U.S. law and the laws of the jurisdiction where you obtained it. You represent that you (and any entity you act for) are not located in, organized in, or a resident of any embargoed or sanctioned jurisdiction, are not on any U.S. or other applicable restricted-party list, and will not use the Service for any purpose prohibited by export-control or sanctions laws (including in connection with weapons proliferation).

21. U.S. Government Users

The Service is "commercial computer software" and related documentation under FAR 12.212 and DFARS 227.7202. Government users acquire only those rights granted to all other users under these Terms.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL SOFTWARE, TEMPLATES, AGENTS, APPS, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GOODGIST AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR ANY AGENT, APP, OR OUTPUT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE, OR FIT FOR YOUR PURPOSES; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DATA (INCLUDING LOCALLY STORED DATA) WILL NOT BE LOST, CORRUPTED, OR DISCLOSED. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you; in that case, warranties are disclaimed to the greatest extent permitted and any non-disclaimable warranty is limited to 30 days from first use.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL GOODGIST OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR SAVINGS, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (INCLUDING ANY AGENT, APP, OUTPUT, THIRD-PARTY SERVICE, OR BETA FEATURE), UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO GOODGIST FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US$100).

The exclusions and limitations in this section apply even if a limited remedy fails of its essential purpose, and they allocate risk between the parties as an essential basis of the bargain — the Service would not be offered on these economic terms without them. They do not apply to liability that cannot be limited by law (for example liability for our own fraud, or death or personal injury caused by our negligence where such limitation is prohibited). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Any claim must be brought within one (1) year after it accrues, or the shortest longer period required by law.

24. Indemnification

You will defend, indemnify, and hold harmless GoodGist and its affiliates and subsidiaries (including Researchfin LLC and Researchfin India Private Limited) and their respective officers, directors, employees, contractors, and agents from and against any claims, demands, investigations, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) any Agent or App you create, configure, import, share, deploy, or run, and anything it does or produces; (c) your use or misuse of the Service or any Third-Party Service; (d) your violation of these Terms or of any law or third-party right; or (e) any dispute between you and any third party (including people your Agents interact with and people you grant access to). We may assume the exclusive defense and control of any matter subject to indemnification (at our expense), in which case you will cooperate with us; you may not settle any such claim in a way that imposes obligations on us without our written consent.

25. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 26, the state and federal courts located in San Mateo County, California will have exclusive jurisdiction, and you and GoodGist consent to personal jurisdiction and venue there.

26. Dispute Resolution — Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your rights.

26.1 Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute to legal@avery.software (or we will send notice to your account email), and the parties will negotiate in good faith for 60 days. Most concerns can be resolved this way.

26.2 Binding arbitration. If a dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved in small-claims court will be resolved by final and binding arbitration on an individual basis, administered by JAMS under its rules in effect when the claim is filed (including, where applicable, the JAMS Consumer Arbitration Minimum Standards). The Federal Arbitration Act governs this section. The arbitrator (and not a court) has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides the enforceability of the class-action waiver. Arbitration will take place in San Mateo County, California, or, at your election, by videoconference or in your county of residence; each side bears its own attorneys' fees except where the applicable rules or law provide otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

26.3 Class action and jury waiver. You and GoodGist each waive the right to a trial by jury and the right to participate in a class action, collective action, consolidated proceeding, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If the class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder stays in arbitration.

26.4 Mass filings. If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the parties agree to a staged/batched process: bellwether arbitrations of up to 10 demands per side proceed first, followed by good-faith global mediation, before remaining demands may proceed; filing fees for pending batched demands are deferred meanwhile.

26.5 Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect intellectual property or prevent unauthorized access or abuse of the Service. Claims for public injunctive relief that must be heard in court under applicable law will be decided by a court after arbitration of all other claims.

26.6 Opt-out. You may opt out of this arbitration agreement (Sections 26.2–26.4) by emailing legal@avery.software within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

27. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy and any order, plan, or supplemental terms we present to you) are the entire agreement between you and GoodGist about the Service and supersede all prior agreements on that subject. If a separately negotiated written agreement between you (or your organization) and GoodGist conflicts with these Terms, that agreement controls.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent; we may assign them (including to an affiliate or in connection with a merger, acquisition, or sale of assets) without restriction.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control (including acts of God, labor disputes, internet or utility failures, acts of government, war, terrorism, epidemics, or failures of Third-Party Services).
• Notices; electronic communications. You consent to receive notices and communications from us electronically (in-app, by email to your account address, or on the website), and such notices satisfy any legal notice requirement. Legal notices to us must be sent to legal@avery.software and to our postal address above.
• Independent parties; no third-party beneficiaries. The parties are independent contractors. Except for the indemnified and protected parties expressly identified (including our affiliates and subsidiaries), there are no third-party beneficiaries of these Terms.
• Interpretation. "Including" means "including without limitation." Headings are for convenience only.

28. Contact

• Legal: legal@avery.software
• Support: support@avery.software
• GoodGist Inc., 1825 S Grant St, Suite 200, San Mateo, CA 94402, USA