These Contributor Terms are the agreement between you and Avala AI, Inc. ("Avala," "we," "us," or "our"), a Delaware corporation, for Arcade and for work you do as a coworker. They cover recordings and other material you submit, how acceptance and pay work, and the status of that work. The Privacy Policy, Biometric Policy, and Household Release are part of these terms.
The Terms of Service still govern use of Avala's websites, accounts, and software. If these Contributor Terms and the Terms of Service conflict on a capture, an annotation, pay for accepted work, or your status as a contributor, these Contributor Terms control. An executed Master Services Agreement controls Avala's relationship with an enterprise customer. It does not replace these terms for your captures or annotations.
"Capture Data" means video, audio, depth or LiDAR, inertial measurements, location, and device metadata you record for Avala, together with labels and other derivatives Avala or a data customer creates from that recording. "Accepted" means Avala has marked the submission as meeting the criteria shown for that campaign. An "accepted hour" is recorded duration that has been accepted. "Data Customer" means a customer that licenses accepted Capture Data from Avala to train or evaluate models.
1. Who these terms bind
These terms bind an individual who creates an Arcade account, records Capture Data, or submits annotations or reviews as a coworker. You must be at least 18 years old. Avala does not accept contributor accounts for anyone under 18, including with a parent or guardian.
If you do not agree, do not create an account and do not record.
2. Notice at collection
Before you submit a capture, you should know:
- A capture can show you, people in your household, your voice, your hands, and your home.
- Avala reviews the capture. If it is accepted, Avala pays the rate shown in the app and may license that capture to data customers for model training.
- Avala does not pay for a capture that is not accepted.
- Recording a person under 18 is prohibited.
- Another adult who will appear or be heard must accept the Household Release before you record.
The Privacy Policy describes the information Avala collects, who receives it, how long Avala keeps it, and the choices you have.
3. License
You keep ownership of your Capture Data. You grant Avala a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, host, modify, annotate, reconstruct, create derivative works from, distribute, and license your accepted Capture Data and those derivatives. Derivatives include labels, reconstructions, and model weights trained on the capture.
The license includes your likeness, voice, and publicity rights in the capture, and a waiver of moral rights to the extent the law allows a waiver. Avala may sublicense the capture to data customers and their affiliates under the Dataset License. The license is not exclusive: Avala may license the same accepted capture to more than one data customer.
The license does not cover a capture Avala rejects, except that Avala may keep a copy for the rejection window in Section 5 and for fraud or legal claims.
4. What you represent
For every capture and every annotation you submit, you represent that:
- You have the rights, consents, and authority to grant the license in Section 3, and the submission does not infringe anyone else's rights or require a payment Avala has not agreed to.
- The submission contains no personal information of anyone under 18.
- Every adult who appears or whose voice is recorded has given the legally required consent, including all-party consent for audio recorded in a home where California, Illinois, Washington, or another all-party law applies.
- A Household Release is on file before you record another adult in a private place.
- You are not recording in a workplace, a business, or any other third party's premises unless you have permission from the person who controls that place.
- You are not recording in a medical, legal, or similarly confidential setting.
- The submission is a real recording or a real human annotation. It is not model-generated output, a synthetic sensor stream, a duplicated capture presented as new, or malware.
A campaign may require a device model or sensor shown in the app. A capture from a device that does not meet that requirement may be rejected.
5. Acceptance and pay
Avala may screen, reject, or accept a submission. The campaign in the app states the acceptance criteria. There is one review. Avala pays the rate shown in the app for accepted duration or for the accepted unit of annotation work. Avala does not pay for a rejected submission.
Payout method, minimum, and cadence are the ones shown in the app. Methods may include a bank transfer, Wise, M-PESA, or another method Avala enables in your country. You are responsible for taxes on amounts paid to you and for any tax forms the payout method requires.
Avala deletes a rejected capture within 30 days after rejection, unless Avala must keep it to investigate fraud, a broken representation, or a legal claim. Avala may withhold or require repayment of amounts paid for a submission that was fraudulent or that breached Section 4. Avala does not treat pay as discretionary, and a later change to these terms does not reduce pay for work already accepted at the rate shown when you submitted it.
If you have a separate written agreement with Avala or with a payment provider about tax forms or payment administration, that agreement controls payment administration to the extent of a conflict. These Contributor Terms control the license, your representations, and the acceptance rules.
6. Independent contractor
Submitting a capture or an annotation does not make you an employee, agent, partner, or joint venturer of Avala. "Coworker" is the name of the product role. It is not a statement that Avala employs you. You have no authority to bind Avala. Avala does not control the place or the hours you choose to record, except for the acceptance criteria of a campaign you choose to join.
These terms do not change a written contractor agreement you have actually signed. They also do not create one where none exists.
7. Accounts, devices, and beta
You may hold one account. You will keep your credentials secure and tell Avala if you believe someone else is using the account. If Avala terminates the account for fraud or a broken representation, you may not register again.
Arcade may be offered as a beta or staged release. Beta features are provided as is, may change or be withdrawn, and may lose data. A closed beta is confidential until Avala says otherwise.
8. App stores
If you install Arcade from Apple's App Store or Google Play, you also agree to the store's terms. Avala, not Apple or Google, is responsible for Arcade and for these terms. Apple and Google have no warranty obligation for Arcade and no duty to provide maintenance or support. Avala, not Apple or Google, is responsible for product claims, for any claim that Arcade fails to conform to a legal requirement, and for intellectual property claims about Arcade. Apple Inc., Google LLC, and their subsidiaries are third-party beneficiaries of this Section 8 and may enforce it against you.
9. Feedback
If you send Avala feedback about Arcade or the services, Avala may use it without payment or obligation to you. Feedback does not include your Capture Data or your annotations, which stay under Sections 3 and 5.
10. Liability and indemnity
Arcade and the services are provided as is. To the extent the law allows, Avala's total liability to you under these terms is the greater of one hundred U.S. dollars (US$100) and the amounts Avala paid you in the twelve months before the claim. The cap does not apply to Avala's gross negligence or willful misconduct, or to a payment Avala owes you for accepted work.
You will indemnify Avala and its officers, directors, employees, and agents against claims, damages, and reasonable attorneys' fees arising from your Capture Data, your annotations, a representation in Section 4 that was false, or your breach of these terms. Avala will notify you of the claim, cooperate reasonably, and let you control the defense. Avala may participate with its own counsel at its own expense.
11. Disputes
These terms are governed by California law, without regard to conflict-of-law rules.
Before filing a claim, you and Avala will try to resolve the dispute informally for 30 days after written notice to [email protected]. You may opt out of arbitration by emailing [email protected] within 30 days after you first accept these terms. The email must include your name, the account email or phone number, and a statement that you opt out. Opting out does not affect the license or the pay rules.
If you do not opt out, and the dispute is not resolved informally, either party may bring an individual claim in small-claims court or in binding individual arbitration administered by JAMS in San Francisco, California, under its rules for consumer disputes when those rules apply. Either party may seek injunctive relief for intellectual property or for misuse of Capture Data. The class-action waiver below still applies in small claims.
The arbitrator may not preside over a class, collective, or representative action. If a court finds the class waiver unenforceable as to a particular claim, that claim proceeds in court and the other claims remain in individual arbitration. If 25 or more similar demands are filed against Avala by the same counsel or organization, JAMS will administer them in batches of 25. A batch is stayed after the first bellwether in that batch is resolved, so the parties can try to resolve the rest, unless a party opts that demand out of the batch in writing.
Avala will pay the arbitration fees the JAMS consumer rules assign to it, and any amount above the fee you would have paid to file the claim in court, unless the arbitrator finds the claim frivolous. A claim must be filed within one year after it accrues, except where a longer period is required by law.
A change to this Section 11 does not apply to a demand that was already filed when the change was posted.
12. Changes, suspension, and termination
Avala may update these terms. Avala will give at least 30 days' notice of a material change by email or a notice in Arcade. The change applies only after that date, and not to a capture already accepted, except where the change is required by law. If you do not agree, stop submitting. Continued use after the effective date is acceptance of the change.
Avala may suspend or terminate your account immediately for fraud, a broken representation, or a security risk. For any other breach, Avala will give you 30 days to cure if a cure is practical. Pay for work already accepted remains due. The license in an accepted capture survives termination. Sections 3, 4, 6, 10, and 11 survive.
13. California notice
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14. Contact
Email: [email protected]
Address: Avala AI, Inc., 403 Broderick Street, Unit 3, San Francisco, CA 94117