Terms that protect your practice time and data

Introduction

This Service is operated by Digital Creative Academy, Switzerland. Throughout these Terms, "we", "us", or "our" refers to Digital Creative Academy, Switzerland.

These Terms apply from the moment you create an account, authenticate, or otherwise access the Service. By using Lina - Language Learning 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.

User Consent & Account Creation

By creating an account, you provide explicit consent for us to:

• Collect and process your email address (encrypted), PIN (hashed), and recovery tokens to provide the service
• Track your session usage and entitlements to manage your account
• Store payment references (via Stripe) to link purchases to your account
• Send service-related communications (e.g., account verification, password resets, session notifications)
• Store conversation transcripts, grammar corrections, and analytics to power your learning progress and export features

During signup, you confirm that you are at least 16 years old and agree to these Terms and our Privacy Policy. You can withdraw consent and delete your account at any time through your account settings or by contacting us at lina@digital-creative-academy.com.

Service Description

• Free Trial: New users receive a 5-minute trial to experience the language learning service. Account creation is required to access the trial.
• Accounts & Profiles: Continued access, progress tracking, and saved analytics require an authenticated account secured with a PIN and recovery token.
• Paid Sessions: After the trial, access requires payment for individual sessions or session packages applied to your account balance.
• AI-Powered Learning: The service uses artificial intelligence to provide personalized language learning support, grammar coaching, and context-sensitive resources.
• Session Management: Authenticated sessions can be recovered across devices using secure authentication methods including magic links and recovery tokens.
• Progress Analytics: We generate real-time feedback, smart tips, and historical performance trendlines based on your recent conversational activity.

Payment Terms

• Pricing: Individual sessions are $10 for 30 minutes; 8-session packages are $70 (8 sessions for the price of 7). Pricing may be updated periodically and will be displayed at checkout.
• Payment Processing: All payments are securely processed through Stripe, Inc.
• No Refunds: All sales are final. Sessions begin immediately upon purchase and cannot be refunded.
• Package Credits: Session packages provide 8 credits that can be used for individual 30-minute sessions. Credits expire 1 year after purchase unless required otherwise by law.
• Payment Methods: You may optionally save payment methods with Stripe for future convenience.
• Account Matching: Purchased sessions and credits are linked to your authenticated account. You are responsible for maintaining access to that account to use the credits before they expire.
• Session Access: Both trial and paid sessions are managed through your authenticated account and can be securely recovered across devices and browsers using privacy-first authentication methods.

Privacy & Data Handling

• Account Data: We collect your email address (or other credential you provide), hashed authentication factors, and device-level recovery signals to secure your account.
• Learning Records: Conversation transcripts, grammar corrections, inline resources, and progress analytics are stored in your account to power the Grammar Journey stream, smart tips, and export features.
• Retention: We retain identifiable learning records for up to 18 months after your last activity unless you request deletion sooner. After that period, records are anonymized for aggregate product analytics.
• Training & Vendors: Your conversation data is not used to train OpenAI's models. OpenAI may retain API content for up to 30 days for abuse monitoring according to their policy.
• Data Export & Deletion: You may request an encrypted export of your transcripts and analytics at any time, or submit a verified deletion request using your PIN and most recent recovery token.
• Privacy Policy: By using the service, you also agree to our Privacy Policy, which is hereby incorporated into these Terms & Conditions by reference.

Account Responsibilities

• Security: You are responsible for maintaining the confidentiality of your PIN, passwords, and recovery tokens, and for all activity that occurs under your account.
• Accurate Information: You agree to provide accurate information when registering and to keep it updated so we can meet our compliance obligations.
• Recovery: Store your recovery token securely. Loss of recovery credentials may result in delayed access restoration or require manual verification.
• Abuse Prevention: We may suspend or throttle accounts that trigger fraud detection, share credentials, or otherwise jeopardize platform integrity.
• Inactive Accounts: To comply with data minimization principles, accounts with no sign-in activity for 548 days (18 months) or more are subject to automatic deletion, which removes stored credentials, session history, learning records, and usage entitlements. This process occurs without additional notice beyond these Terms.

Account Management

• Login Credentials: You must keep your email and PIN confidential. Do not share your credentials or allow others to access your account.
• Security: We maintain reasonable safeguards to protect account data, but you are responsible for securing your device and notifying us if you suspect unauthorized access.
• Data Portability: You can delete your account at any time from the account settings page or contact support at lina@digital-creative-academy.com if you need assistance.

Intended Use & Educational Disclaimer

• Language Learning Only: This service provides language learning support, conversation practice, and educational guidance only.
• Not Professional Tutoring: The service is not a substitute for professional language tutoring, formal education, or certified language instruction.
• No Professional Relationship: Using the service does not establish a professional relationship of any kind (tutoring, educational, or instructional) between you and the creators or providers of this service.
• Supplemental Learning Only: Lina is designed to complement—not replace—human instruction, professional tutoring, or formal language education. Always seek professional help when needed.
• No Educational Advice: AI responses do not constitute educational advice, language certification, or formal instruction.
• Critical Learning: For formal language certification or academic requirements, please consult with licensed educators or certified language instructors.
• Professional Consultation: For ongoing language learning concerns, please consult with licensed educators, tutors, or language learning professionals.

Acceptable Use

• Appropriate Use: Use the service only for its intended purpose of language learning support and practice.
• Prohibited Activities: Do not use the service for illegal activities, harassment, abuse, or any harmful purposes.
• Respectful Interaction: Maintain respectful communication and do not attempt to exploit or misuse the AI system.
• No Sharing: Do not share session tokens, accounts, or attempt to circumvent any authentication or access-control measures.

Service Availability

• Best Effort: We strive to maintain consistent service availability but cannot guarantee 100% uptime.
• Maintenance: The service may be temporarily unavailable for maintenance or technical improvements.
• Session Limits: Individual sessions have time limits (30 minutes for single purchases, variable for packages).
• Technical Requirements: You are responsible for maintaining compatible devices and internet connectivity.

AI Limitations

• No Human Judgment: Lina is an artificial intelligence and does not possess human understanding, pedagogical expertise, or awareness, even though it may sound humanlike.
• AI Errors & Hallucinations: The AI may generate inaccurate, inappropriate, or completely false information ("hallucinations"). Responses are not fact-checked and may contain errors despite safety measures. The AI cannot accurately assess your actual language proficiency or learning needs.
• Learning Interpretation: Responses are generated based on patterns and probabilities and should not be taken as definitive educational guidance, language certification, or formal instruction.

No Monitoring or Intervention

We have no duty or ability to monitor your conversations in real-time. The service operates autonomously and we have no obligation to intervene in individual learning sessions. You are solely responsible for how you use the service and for seeking appropriate professional language instruction when needed.

Eligibility

You must be at least 16 years old to use the Service unless you have verified parental or guardian consent. By creating an account and using the Service, you confirm that you meet this age requirement. You are responsible for complying with your local laws and regulations.

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

• Service Ownership: The service, including all software, content, and technology, is our proprietary property.
• Limited License: You receive a limited, non-exclusive license to use the service for personal use only.
• Conversation Ownership: You retain ownership of the content you submit. We store transcripts and learning summaries to operate the Service. By using the Service you grant us a limited license to host, process, and display that content for your personal use.

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 terminate your account at any time by submitting a verified deletion request using the in-app flow or by contacting support.
• Service Termination: We reserve the right to suspend or terminate access for violations of these terms, suspected fraud, or security risks.
• Effect of Termination: Upon termination, your access ends immediately. Unused sessions are forfeited unless otherwise required by law.
• Data Handling: When termination is confirmed, we delete or anonymize personal learning records within 30 days unless retention is required by law or outstanding payment disputes.

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, alter, or interfere with the companion's behavior, safety instructions, or internal logic.
• Appropriate Content: Do not use the service for generating inappropriate, harmful, or illegal content.
• System Integrity: Do not attempt to hack, exploit, or compromise the service's security or functionality.

Governing Law

These Terms are governed by the laws of Switzerland. Disputes shall be resolved under Swiss law and in Swiss courts.

Dispute Resolution

Disputes shall be resolved under Swiss law in Swiss courts, except where prohibited by law.

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 currently rely on external services such as Stripe, OpenAI, Gmail, and Render to operate the Service. These providers manage their own privacy and legal policies, which you can review separately.

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 Lina 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 email us at lina@digital-creative-academy.com or 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.