Terms of Use

These Terms of Use govern your access to and use of the Avaqia platform (“Avaqia”, the “Service”, or the “platform”), operated by Raphael Depes Bruzzi Emery, an individual (“we”, “us”, or “our”). These Terms apply to users outside Brazil.Brazilian users are covered by our PT-BR Terms and Brazilian law. By creating an account or using the Service, you (“you” or the “user”) confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

Consumers: If you use Avaqia as a consumer (outside your trade, business, or profession), you keep all mandatory rights granted by the law of your country of residence. Nothing in these Terms removes or limits those rights; where a clause conflicts with a mandatory consumer protection that applies to you, that protection prevails.

1. The Service

Avaqia is a digital learning platform for Artificial Intelligence skills, delivered through interactive, gamified missions designed to build practical competencies. The content is educational and informational only. It does not constitute, and is not a substitute for, professional advice, including legal, medical, tax, financial, engineering, compliance, or diagnostic advice.

The Service relies on third-party AI providers to generate feedback and content. AI-generated output can be inaccurate, incomplete, or unsuitable for a particular purpose and must be reviewed by you before any use. You are responsible for how you use any output.

2. Eligibility and accounts

You must be at least 16 years old to use the Service. We do not ask for your date of birth: by creating an account and accepting these Terms, you represent that you meet the minimum age. The Service is not directed to children under 13; if we learn that we have collected personal data from a child under 13, we will delete it.

Registration requires accurate, current information and can be completed with an email and password or via social sign-in (Google, Microsoft, or Apple). Your account is personal and non-transferable. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Plans, payment, renewal, and cancellation

The Service offers free features and a paid subscription (“Premium”) billed on a recurring basis. Prices, billing period (monthly or annual), applicable taxes, and the automatic renewal are disclosed clearly and conspicuously before you subscribe and require your affirmative consent.

• How you subscribe.On iOS, purchases are processed by Apple (App Store / StoreKit); auto-renewal and cancellation are managed by Apple in Settings › [your name] › Subscriptions, and refunds follow Apple’s policies. On the web, payment is processed by Stripe and you cancel through our subscription-management portal.
• Auto-renewal & reminders.Your subscription renews automatically at the end of each billing period at the then-current price until you cancel. We provide renewal and price-change notices as required by law. For U.S. subscribers, we will send a reminder of your renewal terms (the renewal date, the amount and frequency of charges, and how to cancel) at least annually, and as otherwise required by your state’s automatic-renewal law.
• Cancellation. You may cancel at any time online, by the same means you used to subscribe, without contacting support, speaking to a representative, or completing retention steps. Your subscription remains active until the end of the period already paid for, with no further charges. We do not provide pro-rata refunds for partial periods except where required by law.
• Refunds.Except where your state’s law requires otherwise, charges are non-refundable; you may cancel at any time to stop future renewals. iOS refunds are handled by Apple.

4. Acceptable use

You agree not to use the Service: for unlawful, harmful, or infringing purposes; to upload third-party personal data without authorization; to harass or harm others; or to circumvent, overload, reverse-engineer, scrape, or compromise the security, usage limits, or integrity of the Service. You will not use the Service to develop a competing product or to generate content that violates applicable law or the policies of our AI providers. Breach may result in suspension or termination of your account, without prejudice to other legal remedies. We may remove or disable access to content that violates these Terms or applicable law, independently of any account suspension.

To protect users and the integrity of the Service, we may preventively suspend or restrict access, investigate suspected fraud or abuse, and preserve records for as long as necessary for the investigation and to comply with legal obligations.

5. Your content and intellectual property

The Avaqia brand, software, mission texts, and other platform elements are protected by applicable copyright, trademark, and other intellectual-property laws, and may not be reproduced without authorization.

The texts, prompts, and audio you submit in the missions (“Your Content”) remain yours. By submitting Your Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, and transmit it solely to operate the Service, including sending it to our AI providers to generate feedback, transcriptions, and content for you. We select providers that, under their contracts and current policies for commercial APIs, do not use inputs sent through those APIs to train their models, or that offer controls to exclude such use. On that basis, we do not submit Your Content to third-party AI providers for the purpose of training their models; if a provider changes this policy, we will update our practices and this notice accordingly. You represent and warrant that you own or have the necessary rights to all content you submit (texts, images, audio, and files) and that it does not infringe any third-party rights or violate any law.

6. Feedback

If you send us suggestions, ideas, bug reports, or improvement proposals (“feedback”), you grant us a worldwide, irrevocable, royalty-free, non-exclusive license to use and incorporate it into the Service, with no obligation of confidentiality or compensation, subject to our handling of your personal data under the Privacy Policy.

7. Copyright complaints (notice and takedown)

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to legal@avaqia.com identifying the work, the allegedly infringing material, and your contact information, together with a good-faith statement and a statement that the information is accurate. We may remove the content and, where appropriate, terminate the accounts of repeat infringers.

8. Experimental features

We may offer features labeled preview or experimental, provided “as is” without warranties, which we may change or discontinue at any time.

9. Sanctions and export controls

You represent that you are not located in, and are not a national or resident of, any country or territory subject to comprehensive applicable sanctions, that you are not on any government list of restricted parties, and that you will not use or export the Service in violation of applicable export-control or sanctions laws.

10. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including failures or unavailability of providers we rely on (for example, AI, cloud, or payment providers), power or telecommunications outages, cyberattacks, acts of authority, strikes, or natural disasters.

11. Service availability, disclaimers, and limitation of liability

We may suspend or limit the Service, in whole or in part, for scheduled maintenance, updates, security fixes, or emergency interruptions, and for failures of third parties on which the Service depends; where practicable, we will give reasonable advance notice.

The Service is provided “as is” and “as available.” To the maximum extent permitted by applicable law, we disclaim all implied warranties (including merchantability, fitness for a particular purpose, and non-infringement) and do not warrant uninterrupted availability or that AI output will be accurate, complete, or fit for any purpose.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service is limited to the greater of the fees you paid in the 12 months before the event giving rise to the claim, or USD 50. We are not liable for indirect, incidental, special, or consequential damages, or for decisions you make based on AI-generated content.

Mandatory carve-out. Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for breach of your mandatory rights as a consumer under applicable U.S. state and Canadian law.

12. Suspension and termination

You may stop using the Service and delete your account at any time from your profile settings, which permanently erases your data (see the Privacy Policy). We may suspend or terminate access if you materially breach these Terms or where required to protect the Service, other users, or to comply with law. We may also close or anonymize accounts that remain inactive for an extended period, with prior notice where required by law. On termination, the clauses that by their nature should survive (e.g., intellectual property, disclaimers, limitation of liability, governing law) continue to apply.

13. Changes to these Terms

We may update these Terms from time to time. We will communicate material changes and, where appropriate or legally required, ask you to accept the updated Terms again before continuing to use the Service. The current version and effective date are shown above.

14. Governing law, disputes, and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil, in particular the Civil Code (Law No. 10,406/2002), the Consumer Defense Code (Law No. 8,078/1990), the Brazilian Internet Framework (Law No. 12,965/2014) and the General Data Protection Law (Law No. 13,709/2018). Any dispute arising from these Terms shall be brought before the courts of your place of residence (the consumer's domicile). Nothing in this clause deprives you of the protection of mandatory consumer-protection or other laws of your state, province or country that cannot be waived by agreement. Brazilian users remain governed by the PT-BR Terms.

15. Contact

Questions about these Terms: contato@avaqia.com. Privacy and data-protection matters: legal@avaqia.com.