Introduction
These Terms & Conditions govern your access to and use of Ava – Innovation Companion (the “Service”). The Service is operated from Switzerland by Digital Creative Academy (“we”, “us”, “our”). By accessing or using the Service in any manner, you agree to be bound by these Terms & Conditions and our Privacy Policy, which is incorporated by reference. If you do not agree, you must discontinue use immediately.
Who We Are
Digital Creative Academy, Switzerland, operates the Service. We build applied AI experiences that help founders, product leaders, and innovation teams move ideas forward. For all inquiries, including privacy and legal matters, please contact us through the contact form. Where required under GDPR, we will designate an EU representative and publish their contact details in the Privacy Policy.
Eligibility
The Service is designed for adults working on business, product, or creative innovation projects. You must be at least 18 years of age to register or use Ava. By creating an account, you confirm that you meet this age requirement and that you will comply with all laws that apply to you.
Services We Provide
- Free Trial: New accounts receive a single 5-minute free trial to explore core innovation workflows.
- Session Bundles: After the trial, continued access requires purchasing a session bundle. Bundles provide pooled session minutes that must be used within 90 days for ongoing innovation sprints.
- Single Sessions: Individual 30-minute sessions can be purchased separately and must be used within 30 days for focused product check-ins.
- AI Innovation Partner: Ava offers AI-powered ideation, product strategy prompts, innovation workflow guidance, and structured reflection. The Service is supplemental support only and not a substitute for professional consulting, legal, financial, or compliance advice.
- Account Requirement: An authenticated account is required. We process your username, encrypted email, and hashed password so that usage allowances, recommendations, and billing history remain linked to you.
- No Conversation Storage: Conversations are processed in real time, are not stored on our servers, and are not used to train OpenAI’s models. OpenAI retains API data for up to 30 days for abuse monitoring only.
User Consent & Account Responsibilities
By creating an account you provide explicit consent for processing the personal data necessary to deliver the Service. You must keep your login credentials confidential, use unique passwords, and notify us if you suspect unauthorized access. Accounts with no sign-in activity for 365 days may be deleted, together with associated session allowances.
Payments & Pricing
- Processor: Payments are handled by Stripe, Inc. We never store payment card data.
- Bundle Validity: Session bundles expire 90 days after purchase. Single sessions expire 30 days after purchase. Expired minutes are not refunded.
- No Refunds: All sales are final. Sessions begin immediately after purchase, and you waive the EU/Swiss statutory withdrawal right once delivery starts. If you wish to preserve the withdrawal right, do not launch the purchased session within 14 days.
- Saved Methods: You may choose to save payment methods with Stripe. Removal of saved methods is managed through Stripe.
- Taxes: Prices include applicable Swiss VAT unless stated otherwise. You are responsible for any additional taxes or duties in your jurisdiction.
Acceptable Use
- Use Ava solely for innovation planning, product strategy reflection, ideation, and professional development.
- Do not use the Service for illegal activity, harassment, intellectual property infringement, or disinformation campaigns.
- Do not rely on the Service for regulated advice (including legal, financial, HR, medical, or compliance directives).
- Do not attempt to bypass security controls, reverse-engineer AI models, or extract system prompts.
- Do not share your account, session tokens, or authentication credentials.
Innovation Guidance Disclaimer
- Ava is not a licensed consultant, lawyer, accountant, financial advisor, HR specialist, or compliance professional.
- The Service does not guarantee product-market fit, funding outcomes, regulatory approval, or business success.
- AI outputs can be inaccurate, incomplete, or speculative. Validate recommendations with qualified human experts before acting.
- You are responsible for conducting due diligence, seeking professional advice when needed, and making final decisions.
No Monitoring or Intervention
We have no duty or ability to monitor your conversations in real time. We do not verify compliance with regulatory, financial, or organizational requirements, and we have no obligation to intervene. You are solely responsible for the business decisions you make while using the Service.
AI Limitations
- No Human Judgment: Ava is an artificial intelligence and does not possess human experience, domain expertise, or awareness, even though responses may sound humanlike.
- Hallucinations & Errors: The AI may generate inaccurate, outdated, or entirely false insights about markets, technology, or strategy. Outputs are not independently verified.
- Context Boundaries: Suggestions are generated from patterns in training data and user prompts. They should not be treated as confidential, privileged, or proprietary advice.
- Risk Assessment: The AI cannot accurately assess legal, financial, operational, or reputational risk. Evaluate all guidance before implementation.
Privacy & Data Handling
We limit personal data collection to what is required for secure operation. Account credentials, encrypted contact details, usage counters, and payment references are retained while your account remains active. Conversations are ephemeral and not stored. Session access is managed using secure HTTPOnly cookies and signed tokens that protect against cross-site scripting (XSS) attacks. For full details, review the Privacy Policy. By using the Service you agree to that policy.
Third-Party Services
- Stripe: Payment processing and stored payment method tokenization.
- OpenAI: Real-time AI responses. Inputs are retained for up to 30 days for abuse monitoring.
- Render: Hosting infrastructure and operational logs.
- Gmail/Google: Contact form email delivery.
International Data Transfers
Some providers are located outside Switzerland/EEA (e.g., United States). Transfers rely on Standard Contractual Clauses or equivalent safeguards. By using the Service you acknowledge these transfers. For more information, consult the Privacy Policy.
Intellectual Property
All software, branding, prompts, and content within the Service are owned by us or our licensors and protected by intellectual property laws. You receive a limited, non-transferable license to access the Service for personal use. Any attempt to copy, resell, or create derivative services is prohibited.
Service Availability
We aim to provide continuous availability but do not guarantee uptime. The Service may be interrupted for maintenance, updates, or third-party outages. We are not liable for interruptions beyond our reasonable control.
Limitation of Liability
- The Service is provided "as is" without warranties of any kind, express or implied.
- Our total liability is limited to the fees you paid in the 30 days preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, emotional, psychological, or mental health damages, regardless of cause. This includes but is not limited to emotional distress, mental health deterioration, or harm resulting from AI-generated responses.
- You use the Service at your own risk and discretion.
- You are responsible for evaluating AI outputs before acting on them.
- We are not responsible for issues with third-party services (Stripe, OpenAI, hosting providers, internet providers, etc.).
Indemnification
You agree to indemnify and hold harmless Digital Creative Academy and its personnel from claims, damages, or expenses arising from your misuse of the Service or breach of these Terms.
Termination
You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms, misuse the Service, or fail to pay fees. Termination does not entitle you to refunds of unused minutes.
Dispute Resolution & Governing Law
These Terms are governed by Swiss law. Disputes will be handled in the competent courts of Switzerland. If you are an EU consumer, you may bring claims in your country of residence where mandatory law provides that right. Nothing in these Terms limits rights granted to consumers under applicable law.
Changes to the Service or Terms
We may update the Service or these Terms to reflect regulatory, security, or operational changes. Material changes will be posted on this page with an updated date. Continued use after changes take effect constitutes acceptance.
Entire Agreement & Severability
These Terms, together with the Privacy Policy and any supplemental Service notices, form the entire agreement between you and us. If any provision is found unenforceable, the remaining provisions remain in effect.
Contact
Questions or concerns about these Terms can be submitted via the contact form. We aim to respond promptly.
Agreement
By accessing, browsing, or using Ava – Innovation Companion, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.
Last Updated: January 1, 2026
