Vilkår for bruk

1. Provider

The Ayveena app is provided by DATA-TAKOMO OY, business ID 3350883-9, Valtatie 12, 46900 Inkeroinen, Finland.

Contact: support@data-takomo.fi.

2. What Ayveena is

Ayveena is an entertainment app for talking with an AI character. Ayveena is not a human, and the service is not healthcare, therapy, a crisis line or professional advice. AI can produce incorrect information, so do not base health, financial or other important decisions on what it says. Call transcripts are made automatically by speech recognition and may contain errors: they are not an exact record of what was said, and Ayveena may also mishear you during a call. In an emergency, call your local emergency number (112 in Finland).

3. Account and age

Using the service requires signing in: the Android app signs in with a Google account and the iPhone app with an Apple Account (Sign in with Apple). You are responsible for your account and for the accuracy of the details you provide. The service is intended only for adults: you must be at least 18 years old to create an account and use the service. If we find out that an account belongs to someone under 18, we delete it.

The service may be used only in the countries and territories where OpenAI offers its services (OpenAI’s list), because Ayveena’s speech is produced with OpenAI’s service. A call cannot be started from outside them, also when travelling, and the app is not offered in the app stores there. If the list changes so that you can no longer use the service in your country, you can end the agreement and get back the price of the unused credits you bought, as in section 8.

The app is available only from Google Play and the App Store, in the countries where we offer it. Using the service therefore requires both: that you are in a country or territory OpenAI supports, and that the app is offered in your app store’s country or region. A country OpenAI supports where your app store does not offer the app is not enough, and neither is the reverse.

You may not use the service if you are subject to sanctions of the European Union, the United Nations or the United States, or if you are in a country or territory under comprehensive sanctions of any of them. By using the service you confirm that this does not apply to you.

You can delete your account at any time in the app’s settings, or without the app on the Your account page, where deleting requires that you signed in less than 10 minutes ago.

Deletion is permanent: account details, unused credits, purchased items, call transcripts and the things Ayveena remembers about you are deleted. One thing remains: bookkeeping records of credit purchases are kept without a link to you for as long as the law requires, as described in the privacy policy. Copies held by others - the app store’s purchase records, Google’s or Apple’s sign-in records, OpenAI’s abuse-monitoring logs and backups that have not yet expired - follow their own retention, also described there (section 8).

4. Credits and payments

Calls are paid for with credits. One credit covers each started minute of a call. Credits come in credit packs or with a monthly subscription:

Credit pack	Credits	Price
Small	10	€2.99
Medium	25	€6.99
Large	50	€12.99

Monthly subscription	Credits a month	Price
Basic	80	€14.99 a month
Plus	175	€29.99 a month
Premium	300	€49.99 a month, plus every outfit and hairstyle while subscribed (below)

Prices include VAT. Outside the euro area the app store shows the price in the local currency. Prices and the offer may change; a purchase is made at the price shown in the app and the app store at the time of purchase. The app also shows the price of items priced in credits in euros, at the highest price of a credit.

• Credits are a right to use this service. They are not money, securities or virtual currency, and they cannot be exchanged for money, transferred to another user or used in another service.
• Credits are bought through the app store, which is the seller for the payment. The store’s own terms and refund practices apply to the transaction.
• You can buy credit packs and use them without a subscription. Purchased credits do not expire; they lapse only as described below.
• You can also take an optional monthly subscription from the app store at one of the tiers above. Each paid subscription period includes the tier’s credits. Credits included in a period lapse at the end of that period and do not carry over to the next. The subscription renews automatically one period at a time until you cancel it (section 5); there is no free trial. A period starts from the purchase, not from the start of a calendar month.
• You can change the tier in the app store’s subscription settings. When the change takes effect and any refund follow the store’s terms, and the new tier’s credits are given when the store charges for a period of the new tier. If the subscription price goes up, the store tells you in advance and may ask for your consent before the new price is charged.
• While a Premium subscription runs, you can use every outfit and hairstyle in the app without buying it, except products marked in the app as not included in Premium. This is a right to use them while the subscription lasts, not ownership: when the Premium subscription ends, such products are no longer in use, and Ayveena goes back to your own choice or the default outfit and hairstyle. You can still buy a product with credits, and then it is yours for good.
• Credits are used in this order: credits received for free, such as compensation, then the current subscription period’s credits, then purchased credits.
• Credits in different app stores are separate and do not move between stores.
• Unused credits lapse when an account is deleted, so use them before deleting. The exception is ending the agreement because of a change to the terms or the service (section 8). If we close an account for breaking these terms, we refund the price of the unused credits you bought (section 6). This does not limit your right to a refund under mandatory law.
• Items bought with credits in the app - outfits and hairstyles - are delivered immediately. When you confirm such a purchase you request immediate delivery and acknowledge that it then cannot be cancelled and the credits spent on it are not refunded. If an item is faulty or does not work as described, your rights under consumer protection law remain (section 5).

5. Right of withdrawal and refunds

Credit packs and the monthly subscription are bought from the app store, which is the seller to you. Cancelling a purchase within 14 days (the right of withdrawal) and refunds follow EU consumer law and the terms of the store you bought from. The stores’ terms differ:

• Google Play: Google Play’s refund policies for the European Economic Area apply. Ask for a refund in Google Play. We can also refund a Google Play purchase ourselves, so you can contact us as well.
• App Store: Apple’s Media Services Terms apply, including Apple’s right of cancellation. Refunds are asked for from Apple, which decides on them; we cannot refund an App Store purchase ourselves.
• Monthly subscription, in either store: you can cancel it at any time in the store’s subscription settings. It then ends at the end of the period you have paid for, and that period’s credits can be used until then.

If a store refunds a purchase, the unused credits it bought are removed from your balance. The credits of that purchase you have already used are not charged again, and your other credits are not affected. Items bought with credits in the app are covered in section 4. If an account is used for repeated refunds of purchases whose credits have been used, or to otherwise abuse the stores’ refund or payment processes, we may suspend or close it (section 6).

This does not remove your other rights. If the service is faulty or the credits do not work as promised, you are entitled to a repair, a price reduction or cancellation of the purchase under consumer protection law. Refund requests are handled by the app store the purchase was made through, and the store also has its own refund policy. You can always contact us as well.

6. Acceptable use

The service may be used only in accordance with the law and these terms. The following are not allowed:

• harassing, threatening or invading the privacy of another person
• illegal content, including child sexual abuse material
• impersonating another person or using someone else’s account
• interfering with the service technically, automating its use or scraping data
• using content from the service to train another AI model
• repeatedly having purchases refunded after using their credits, or otherwise abusing the stores’ refund or payment processes

If these terms are broken or the use harms the service or other users, we may suspend an account or close it:

• A suspension is temporary, for example while suspected misuse is looked into. A suspended account cannot start calls or buy credits or items, a call in progress ends, and no free credits are given to it. A monthly subscription’s credits still arrive as usual, so they are up to date when the suspension is lifted. Your credits and your data are kept, and you can still view, download and delete your data and delete your account. When the suspension is lifted, you can use the service as before.
• A closure ends the agreement. The account’s data is deleted in the same way as when you delete your account yourself (section 3), and we refund the price of the unused credits you bought, through the app store or in another way we agree on. If the app store cannot refund the purchase, we contact you before the account is closed to agree how. Credits you received for free are not refunded. We may close an account without a suspension first if the breach is serious, for example illegal content or putting another person at risk.
• You will see a suspension in the app. We will tell you the reason for a suspension or a closure when you ask for it at support@data-takomo.fi. If you disagree with a suspension, or with a closure and its refund, you can ask at the same address for the decision to be reviewed; where possible, someone other than the person who made it will review it.
• You can cancel a monthly subscription in the app store at any time, also while the account is suspended.

7. Content and rights

The app, the character, the voices and the graphics belong to DATA-TAKOMO OY or its licensors. You get a personal, non-transferable right to use the service under these terms. Conversations from your calls are meant for your own use.

8. Availability and changes

The service is provided as it is, and there may be interruptions.

Calls are checked automatically for content that breaks the rules in section 6 or OpenAI’s usage policies, and such content can end a call. The minute that had started when the call ended is charged as usual. If a call ends because of a fault on our side, for example a server failure, tell us at support@data-takomo.fi and we will return the credit for the minute that was cut short.

Using the app requires a supported phone or tablet with a version of Android or iOS that the app supports; the app store shows the requirements. We update the app to keep it working, secure and in line with these terms, and we provide those updates for as long as we offer the service. Install the updates when the app store offers them: an old version of the app may stop working with the service, and we are not responsible for faults that an update you did not install would have fixed.

We may change the service and these terms for a valid reason, for example when the law, an order from an authority or the app store’s terms change, when we develop the service or improve its security, or when the cost of providing the service changes significantly.

• Changes in your favour and changes required by law or an authority may take effect immediately.
• For other changes that make your position more than slightly worse, we will notify you in the app and by email at least 30 days before they take effect. The notice says what changes and when.
• If you do not accept such a change, you can end the agreement and delete your account free of charge no later than 30 days after the change takes effect. We will then refund the price of the unused credits you bought, through the app store or in another way we agree on. Credits you received for free are not refunded.
• Once a change has taken effect, the changed terms apply to the service.

Earlier versions of these terms are listed at the end of this page.

If we shut down the service entirely, we will notify you in the app and by email at least 30 days in advance and refund the price of the unused credits you bought.

9. Limitation of liability

We are liable only to the extent required by mandatory consumer protection law. We are not liable for indirect damages or for the accuracy of AI-generated content. Nothing in these terms limits a consumer’s mandatory rights.

10. Personal data

Processing of personal data is described in the privacy policy.

11. Governing law and disputes

These terms are governed by Finnish law. As a consumer you may bring a dispute to the district court of your domicile or to the Consumer Disputes Board (kuluttajariita.fi). Before that, contact consumer advisory services (kuluttajaneuvonta.fi).

12. The Google Play version

These additional terms apply when you got the app from Google Play. Google Play does not require terms like those of section 13, so this section only says how Google Play fits with these terms.

• These terms are an agreement between you and DATA-TAKOMO OY only, not with Google. DATA-TAKOMO OY, not Google, is responsible for the app, its content, its maintenance and its support (contact in section 1).
• Google Play sells the credit packs and the monthly subscription and takes the payment. Google Play’s own terms apply to the purchase, its payment and Google’s refunds; these terms apply to the credits, the subscription’s credits and Premium, and to the service. Cancelling a subscription is done in Google Play (section 5).
• If Google refunds a purchase, the unused credits it gave are removed as section 5 says.

13. The App Store version

These additional terms apply when you got the app from Apple’s App Store. They are part of these terms, which are the end-user licence agreement for the app on the App Store.

• These terms are an agreement between you and DATA-TAKOMO OY only, not with Apple Inc. DATA-TAKOMO OY, not Apple, is solely responsible for the app and its content.
• Your right to use the app is the one in section 7: personal and non-transferable, on Apple-branded products that you own or control, as the App Store’s Usage Rules allow (an app shared through Family Sharing may also be used by the members of your family group).
• DATA-TAKOMO OY alone is responsible for maintaining and supporting the app (contact in section 1). Apple has no obligation to provide maintenance or support for the app.
• If the app does not conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the fullest extent the law permits, Apple has no other warranty obligation for the app; any other claims, losses, liabilities, damages, costs or expenses because the app does not conform to a warranty are DATA-TAKOMO OY’s responsibility.
• DATA-TAKOMO OY, not Apple, is responsible for addressing your or any third party’s claims relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the app or your possession and use of it infringes their intellectual property rights, DATA-TAKOMO OY, not Apple, is responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not in a country that is subject to a United States Government embargo or that the United States Government has designated a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties.
• When you use the app, you must also comply with the terms of the third parties you use with it, such as your mobile data provider.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

14. Language versions

These terms are available in Finnish and English. If the language versions differ, the Finnish version prevails.