Terms of Service

Effective September 16, 2026

These Terms of Service ("Terms") are a binding agreement between you and Everest Digital LLC, which operates AvaRhythm ("AvaRhythm," "we," "us," or "our"). They govern the AvaRhythm website, mobile and desktop applications, nutrition and fitness tools, support channels, and related services (collectively, the "Services"). By creating an account or using the Services, you agree to these Terms and the Privacy Policy.

Key points

• AvaRhythm provides nutrition and fitness tracking tools, not medical care.
• You must be at least 13 and protect access to your account.
• Food, nutrition, activity, and goal information may contain estimates.
• Free and preview features may change as the product develops.

Eligibility and accounts

You must be at least 13 years old and legally able to agree to these terms. Provide accurate account information, protect access to your account, and notify us if you believe it has been compromised. You are responsible for activity performed through your account.

Health and nutrition information

AvaRhythm provides general tools for recording and understanding food, activity, and wellness information. It does not provide medical diagnosis, treatment, or emergency services. Nutrition calculations, calorie values, serving sizes, goals, recommendations, and sample content may be incomplete or estimated and can differ from product labels or professional advice. Consult a qualified health professional about medical conditions, significant diet or exercise changes, pregnancy, eating disorders, allergies, or other individual health needs. Call local emergency services for an emergency.

Acceptable use

You may use AvaRhythm for lawful personal purposes. You may not interfere with the service, bypass security controls, misuse another person’s account, scrape or redistribute protected content, introduce malicious code, or use the service to violate law or another person’s rights.

Your content

You retain ownership of information and content you add. You grant AvaRhythm permission to host, process, reproduce, and display that content only as needed to operate and improve the service. You represent that you have the right to provide the content you submit.

AvaRhythm content and software

The AvaRhythm service, branding, design, software, and supplied content are protected by intellectual-property laws. These terms give you a limited, personal, revocable, non-transferable right to use the service. They do not transfer ownership of AvaRhythm intellectual property.

Third-party services

AvaRhythm may use or link to third-party services, including Google, Apple, and Amazon Web Services. Their own terms and privacy practices apply to their services.

Subscriptions

AvaRhythm offers optional paid subscriptions. The price, billing period, trial eligibility, renewal terms, cancellation method, and material plan limits are shown before purchase. Subscriptions automatically renew unless canceled through Apple, Google Play, or Stripe, depending on where you purchased. Deleting your AvaRhythm account does not cancel a subscription; cancel it through the purchasing platform first. App-store and payment-provider terms also apply.

Suspension and termination

You may stop using AvaRhythm at any time. We may suspend or terminate access when reasonably necessary to protect the service or other users, respond to legal requirements, or address a material violation of these terms.

Service availability and disclaimers

AvaRhythm is provided on an “as available” basis. To the extent permitted by law, we disclaim implied warranties and do not guarantee uninterrupted availability, error-free operation, or that any nutrition or fitness result will meet your expectations.

Limitation of liability

To the maximum extent permitted by law, AvaRhythm, Everest Digital LLC, and their providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, goodwill, or data; business interruption; or damages arising from nutrition information, health decisions, unauthorized access, or third-party services. Their aggregate liability for claims relating to the Services will not exceed the greater of the amount you paid for the Services during the 12 months before the event giving rise to the claim or US $100. These limits do not apply to liability that cannot lawfully be limited.

Indemnity

To the extent permitted by law, you agree to indemnify Everest Digital LLC and its affiliates, officers, employees, agents, licensors, and providers from third-party claims arising from your content, unlawful or unauthorized use, violation of another person’s rights, or material breach of these Terms. This does not apply to the extent a claim results from our own unlawful conduct.

Disputes and governing law

Before filing a lawsuit, you and Everest Digital LLC agree to try in good faith to resolve the dispute for at least 30 days. Send a notice describing the issue and requested relief to the contact below. Either party may seek urgent injunctive relief or use eligible small-claims procedures. These Terms are governed by Nevada law, excluding conflict-of-law rules, except that mandatory law where you reside may apply. Subject to non-waivable local rights, judicial proceedings must be brought in a court of competent jurisdiction in Clark County, Nevada.

App-store terms

If you obtain AvaRhythm through Apple’s App Store, these Terms are between you and Everest Digital LLC, not Apple. Apple has no obligation to provide maintenance or support and is a third-party beneficiary of the terms governing the App Store license. If you obtain AvaRhythm through Google Play, Google is not a party to these Terms and is not responsible for the app or AvaRhythm support.

Export controls

You may not access, export, re-export, transfer, or use the Services in violation of applicable export-control or sanctions laws.

Changes

We may update the service or these terms. We will revise the effective date and provide additional notice when a change materially affects your rights. Continued use after an update takes effect constitutes acceptance of the revised terms.

Contact

Send support, legal, copyright, or informal dispute notices to support.avafitness@everestdigital.ai. AvaRhythm is operated by Everest Digital LLC, 2126 Club Meadows Dr., Henderson, NV 89074.