Terms & Conditions

Introduction

This Service is operated by an independent developer preparing to register a company within the European Union. Throughout these Terms, "we", "us", or "our" refers to the operator of the Service.

These Terms apply from the moment you access or use the Service in any way. By using Ava - Innovation Companion ("the Service"), you agree to be bound by these Terms & Conditions. If you do not agree, please discontinue use immediately.

The Privacy Policy is incorporated into these Terms by reference and forms part of your agreement with us. Please read it carefully.

Service Description

• Account Access: The companion currently requires a registered account and secure PIN to start or resume guided and innovation coaching sessions.
• Session Types: Users can run guided playbooks, innovation coaching conversations, save coaching canvases, and capture workshop summaries through the web application.
• AI-Powered Support: The service uses artificial intelligence to provide live guidance, reflections, and insight summaries based on your inputs.
• Server Persistence: Session transcripts, user preferences, text-based reflection summaries, and workshop boards are stored securely so you can revisit prior work.

Payment Terms

• Pricing: Current pricing, credits, and subscription options are displayed within the application and may change over time. Any change will only apply to future purchases.
• Payment Processing: All payments are securely processed through Stripe, Inc. or other PCI-DSS compliant providers identified at checkout.
• Refunds: Because coaching sessions and insights begin immediately after purchase, fees are ordinarily non-refundable unless required by applicable law.
• Right of Withdrawal (EU/Swiss Consumers): Under EU Consumer Rights Directive 2011/83/EU and Swiss consumer protection law, you have the right to withdraw from purchases of digital content within 14 days. However, by completing a purchase and immediately accessing coaching sessions, AI-generated insights, or digital content, you expressly consent to immediate performance and acknowledge that you forfeit your right of withdrawal once the digital content has been delivered and the service has commenced. If you do not wish to waive this right, do not access the purchased content within the 14-day period.
• Auto-Renewal: Subscription plans renew automatically unless you cancel before the next billing cycle. Cancellation takes effect at the end of the current term.
• Stored Methods: You may choose to store payment methods with Stripe for faster checkout. We never store full card numbers on our servers.
• Billing Issues: Contact us promptly regarding disputed charges so we can investigate with Stripe.

User Accounts & Security

• Account Accuracy: You are responsible for keeping your registration details, secure PIN, and authentication factors accurate and confidential.
• Authorized Use: Do not share login credentials or allow others to use your account without authorization.
• Security Features: We employ HTTPOnly cookies, rotating session tokens, and monitoring to protect access. You agree not to bypass these safeguards.

Privacy & Data Handling

• Account Data: We collect and store information you provide during registration, such as name, email, and authentication data.
• Session Records: Guided and coaching sessions, transcripts, saved canvases, text-based reflection summaries, and workshop boards are stored so you can revisit them and so we can provide progress dashboards.
• Insight Preferences: Your toggle settings for insight modules are saved to deliver consistent experiences across devices.
• Retention: Data is retained for as long as your account remains active or as needed to provide the service, comply with legal obligations, or resolve disputes. See the Privacy Policy for full details.
• Third-Party Processors: We rely on vendors such as Stripe, Render, and OpenAI to operate the service. Each vendor processes limited data as described in the Privacy Policy.

Intended Use & Business Disclaimer

• Innovation Support Only: This service provides innovation support, brainstorming assistance, and general guidance only.
• Not Professional Consulting: The service is not a substitute for professional business consulting, strategic planning, or critical decision-making.
• No Professional Relationship: Using the service does not establish a professional relationship of any kind (consulting, advisory, or business) between you and the creators or providers of this service.
• Supplemental Support Only: Ava is designed to complement—not replace—human expertise, professional advice, or business consultation. Always seek professional help when needed.
• No Business Advice: AI responses do not constitute business advice, strategic recommendations, or investment guidance.
• Critical Decisions: For important business decisions or strategic planning, please consult with licensed business professionals or experts in your field.
• Professional Consultation: For ongoing business concerns, please consult with licensed business professionals, consultants, or advisors.

Acceptable Use

• Appropriate Use: Use the service to explore innovation challenges, guided playbooks, and coaching tools in a lawful manner.
• Prohibited Activities: Do not upload or generate illegal, discriminatory, or harmful content, attempt to exploit vulnerabilities, or interfere with service integrity.
• AI Conduct: Avoid prompt manipulation aimed at extracting system-level instructions or bypassing safety controls.
• No Sharing: Do not share accounts, session tokens, or workshop boards with unauthorized parties.

User Content & License

• Your Ownership: You retain ownership of the content, ideas, and materials you contribute during sessions.
• Service License: You grant us a limited license to store, process, and display your inputs, transcripts, reflections, and workshop boards solely to provide and improve the service.
• Deletion Requests: You may request deletion of stored sessions or account data as described in the Privacy Policy; some information (e.g., billing records) may be retained where legally required.

Service Availability

• Best Effort: We strive to maintain consistent availability but cannot guarantee uninterrupted access to live coaching, real-time audio, or progress dashboards.
• Maintenance: The service may be temporarily unavailable for maintenance, deployments, or AI model updates.
• Session Limits: Sessions may have time caps, token budgets, or rate limits to ensure fair access.
• Technical Requirements: You are responsible for compatible devices, browsers, audio hardware, and stable internet connectivity.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Third-Party Service Failures: Outages, disruptions, or performance issues with OpenAI (AI inference and text-to-speech), Stripe (payment processing), Render (hosting and database), or other essential third-party providers.
• Infrastructure Events: Internet service provider failures, DNS outages, distributed denial-of-service attacks, cloud infrastructure failures, or network congestion.
• Acts of God: Natural disasters, severe weather, pandemics, epidemics, fires, floods, earthquakes, or other catastrophic events.
• Government Actions: Laws, regulations, government orders, embargoes, sanctions, or other actions by governmental authorities that prevent or restrict service delivery.
• Labor Disputes: Strikes, lockouts, or labor disputes affecting our operations or those of our service providers.

During force majeure events, we will make reasonable efforts to restore service and notify affected users. Your sole remedy for service interruptions caused by force majeure events is proportional credit or refund at our discretion, limited to the period of actual unavailability.

AI License and Restrictions

You are granted a limited, non-transferable, non-exclusive license to use the Service for personal, non-commercial purposes. You may not copy, extract, modify, reverse-engineer, or redistribute any part of the Service or its underlying AI systems, prompts, or logic.

Intellectual Property & Copyright

• Copyright Protection: The Service, including but not limited to its software code, user interface design, AI system prompts, conversation flows, visual design, branding, logos, and all associated content, is protected by copyright, trademark, and other intellectual property laws. All rights reserved. Copyright © 2025 Ava Innovation Companion.
• Service Ownership: We (or our licensors) own all intellectual property rights in the Service, including all software, algorithms, AI architectures, prompts, system instructions, workflows, databases, visual designs, and technology.
• Prohibited Uses: You may not:
  • Copy, reproduce, duplicate, or create derivative works of any part of the Service
  • Scrape, extract, or harvest data from the Service using automated tools or bots
  • Reverse-engineer, decompile, disassemble, or attempt to derive source code or AI prompts
  • Remove, alter, or obscure any copyright notices, trademarks, or proprietary markings
  • Create competing services using our interface designs, workflows, or methodologies
  • Frame, mirror, or replicate the Service on other websites or applications
  • Use the Service to train competing AI models or build similar coaching platforms
  • Redistribute, sublicense, rent, lease, or resell access to the Service
• Limited License: You receive only a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms.
• Your Content: You retain ownership of the ideas, inputs, and materials you contribute during sessions. By using the Service, you grant us a limited license to store, process, and display your content solely to provide the Service to you.
• Enforcement: Unauthorized use of our intellectual property may result in immediate termination of your account and legal action. We actively monitor for violations and will pursue all available legal remedies.

Limitation of Liability

• No Warranties: The service is provided "as is" without warranties of any kind.
• Limited Liability: Our liability is limited to the amount you paid for the service in the past 30 days.
• User Responsibility: You use the service at your own risk and discretion.
• Third-Party Services: We are not responsible for issues with third-party services (Stripe, OpenAI, hosting providers, internet providers, etc.).

Termination

• User Termination: You may stop using the service at any time by closing your browser or clearing browser data.
• Service Termination: We reserve the right to terminate access for violations of these terms.
• Effect of Termination: Upon termination, your access ends immediately with no refund of unused sessions.

Changes to Terms

• Updates: These terms may be updated periodically to reflect service changes or legal requirements.
• Notification: Material changes will be posted on this page with an updated date.
• Continued Use: Your continued use of the service after changes constitutes acceptance of updated terms.

Security & Misuse

• No Manipulation: Do not attempt to bypass or disable security controls, rate limits, or moderation filters.
• No Reverse Engineering: You may not decompile, copy, or replicate the underlying models, prompts, or infrastructure.
• Responsible Audio Use: Text-to-speech audio generated for reflection summaries is for personal use only and must not be recorded, redistributed, or repurposed without permission.
• Reporting: Notify us promptly of any suspected vulnerabilities or misuse so we can address them.

AI Limitations

• No Human Judgment: Ava is an artificial intelligence and does not possess human understanding, creativity, or awareness, even though it may sound humanlike.
• Language Accuracy: While we aim for high-quality responses, the AI may occasionally generate inaccurate or inappropriate content. Please use discretion.
• Innovation Interpretation: Responses are generated based on patterns and probabilities and should not be taken as expert advice, proven strategies, or guaranteed solutions.

Eligibility

You must be at least 13 years old to use the Service, or 16 if you are located in the European Union, unless you have verified parental or guardian consent. By using the Service, you confirm that you meet the applicable age requirements. You are responsible for complying with your local laws and regulations.

Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. For consumers located in the European Union or Switzerland, mandatory consumer protection laws of your country of residence shall also apply where they provide greater protection.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved as follows:

• Informal Resolution: Before initiating formal proceedings, you agree to contact us via our contact form to attempt good-faith resolution within 30 days.
• Mediation: If informal resolution fails, disputes may be submitted to mediation under the Swiss Rules of Commercial Mediation.
• Arbitration: Unresolved disputes shall be finally settled by binding arbitration under the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force at the time of commencement. The arbitration shall be conducted by a single arbitrator appointed in accordance with the Rules. The seat of arbitration shall be Zürich, Switzerland. The language of arbitration shall be English. The arbitrator's decision shall be final and binding.
• Court Jurisdiction: Alternatively, either party may bring an action in the competent courts of Zürich, Switzerland. Consumers in the EU or Switzerland may also bring claims in the courts of their country of residence where permitted by mandatory consumer protection laws.
• No Class Actions: You agree to waive any right to participate in class action lawsuits or class-wide arbitration. All disputes must be brought on an individual basis only.

Indemnification

You agree to indemnify and hold harmless the creators and operators of the Service from any claims, liabilities, damages, losses, or legal fees resulting from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We are not liable for any loss or inconvenience caused by such changes.

Third-Party Services

We rely on external providers such as Stripe (payments), OpenAI (AI inference and text-to-speech generation), Render (hosting and database), and Gmail (support email). Each provider maintains its own terms and privacy commitments. We only share data with these vendors to operate the service.

Entire Agreement and Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Accessibility

We aim to make Ava accessible to all users. If you encounter any accessibility issues, please contact us so we can assist.

Contact Information

If you have questions, concerns, or need support regarding these terms or the service, please use our contact form.

Agreement to Terms

By accessing, browsing, or using this service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree to these terms, please discontinue use of the service immediately.

Last Updated: December 5, 2025