Terms of Service — Aventura
Last updated: [DATE] Version: 1.0
Please read carefully. These Terms govern your use of Aventura. By creating an account or generating an itinerary, you agree to them. Section 5 explains the limits of what Aventura produces and why you must verify everything before you travel. Section 14 limits our liability.
1. Who we are
Aventura is operated by [LEGAL ENTITY NAME], a company registered in Brazil under company number (CNPJ) [CNPJ], with its registered office at [FULL ADDRESS] ("Aventura", "we", "us").
Contact: [SUPPORT EMAIL] Data Protection Officer: [NAME] — [DPO EMAIL] EU representative (GDPR Art. 27): [NAME / ADDRESS] UK representative (UK GDPR Art. 27): [NAME / ADDRESS]
2. Definitions
- Platform: the Aventura website, application and APIs.
- User / you: any person who creates an account and uses the Platform.
- Itinerary: the travel plan generated by artificial intelligence from the information you provide.
- Partner: a third-party business whose services appear on the Platform via links (flight search engines, accommodation platforms, car rental companies).
- Subscription: a paid plan granting higher usage limits.
- User Content: everything you enter — destinations, dates, budget, preferences, notes.
3. Acceptance, eligibility and accounts
3.1. Use of the Platform requires full acceptance of these Terms and of the Privacy Policy.
3.2. Age. The Platform is intended for people aged 18 or over. We do not knowingly create accounts for minors. Accounts identified as belonging to a minor will be closed and the data deleted.
3.3. Your account. You are responsible for the accuracy of your registration details and for keeping your credentials confidential. Notify us immediately of any unauthorised use. You may not share, resell or transfer your account.
3.4. We may refuse registration or close an account that breaches these Terms or the law, or that shows signs of fraud or abuse.
4. What Aventura is — and what it is not
4.1. What we do. Aventura is a travel planning software tool. Based on your answers, an artificial intelligence system produces a suggested itinerary with activities, approximate timings, accommodation suggestions and cost estimates.
4.2. What we do NOT do. This is essential, and you acknowledge it:
- We are not a travel agency, tour operator, tour organiser or travel retailer. We do not sell, resell, broker or guarantee any travel service.
- We do not issue tickets, book accommodation, rent vehicles, or take payment for travel services.
- We do not assemble package holidays. Flight, accommodation and car rental suggestions appear as independent links to Partners. Each booking is a separate contract concluded directly between you and that Partner.
- We do not provide legal, consular, medical, health, tax or insurance advice.
4.3. Package travel. We do not act as an organiser or retailer of packages or linked travel arrangements within the meaning of Directive (EU) 2015/2302 or its national implementations. We do not facilitate a single booking process, do not transfer your personal or payment details to Partners for the purpose of concluding a booking, and do not conclude contracts with Partners on your behalf.
4.4. Your responsibility. The decision to travel, what to book, who to book with and how to follow the Itinerary is entirely yours.
5. AI-generated content — limits and your duty to verify
This is the most important section of these Terms.
5.1. Probabilistic by nature. Itineraries are produced by large language models. These models generate plausible text, not verified fact. Despite our venue-checking mechanisms, an Itinerary may contain errors, including:
- venues that have closed, moved, or never existed;
- incorrect or outdated opening hours;
- prices, fees and cost estimates that differ from actual cost;
- distances, travel times and connections that are impractical in reality;
- suggestions unsuited to the season, weather, local holidays or accessibility needs;
- outdated information on visas, health requirements, documents and safety.
5.2. Cost estimates are estimates. Figures shown are AI-generated approximations, often based on stale exchange rates and prices. They are not quotes, offers or price guarantees. The real price is whatever the supplier charges at the time of booking.
5.3. Your duty to verify. You agree to independently confirm, before booking or travelling:
- the existence, address, opening hours and availability of every venue;
- prices, terms, cancellation policies and fees;
- visa, passport, vaccination and documentation requirements with the competent official authorities;
- safety conditions and official travel advice (e.g. your government's foreign travel advisory);
- appropriate travel insurance cover.
5.4. Do not rely on the Itinerary for critical decisions. Do not use it as your sole source for decisions about personal safety, health, immigration or significant financial commitments.
5.5. Partial verification. We use geographic data providers to attempt to confirm that suggested venues exist. This check reduces but does not eliminate the risk of error, and depends on third-party databases that may be incomplete or out of date.
5.6. No professional advice. Nothing on the Platform constitutes professional advice of any kind.
6. Partner links and affiliate compensation
6.1. Disclosure. The Platform displays links to Partners. We may earn a commission when you book through those links, at no additional cost to you.
6.2. A Partner's presence is not a recommendation, endorsement, quality assessment or guarantee of price, availability or reliability.
6.3. Separate contract. When you click a Partner link you leave Aventura and deal solely with that Partner, subject to its terms and privacy policy. We are not a party to that contract.
6.4. We are not responsible for: prices charged by a Partner, availability, overbooking, cancellation, delay, changes, service quality, incorrect charges, refunds, the Partner's handling of your data, or the Partner's breach of contract. Complaints on those matters must be directed to the Partner.
6.5. We do not control Partner websites and do not guarantee their availability or security.
7. Plans, pricing and payment
7.1. Free and paid tiers. We offer a free tier with limits and paid subscription plans. The limits applicable to each plan (generations, AI edits, saved itineraries, itinerary length) are those displayed on the pricing page at the time of purchase.
7.2. Payment processing. Payments are processed by Stripe. We do not store full card details. Your use of the payment method is also subject to the processor's terms.
7.3. Currency and region. Prices are displayed in Brazilian Real (BRL) or US Dollars (USD) based on detected region. Currency conversion, foreign transaction fees and charges applied by your card issuer are your responsibility.
7.4. Taxes. Prices are shown [INCLUSIVE / EXCLUSIVE] of applicable taxes. Where we are required to collect VAT, GST, sales tax or equivalent in your jurisdiction, it will be shown at checkout.
7.5. Automatic renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current price until cancelled. We will give reasonable advance notice of any price increase.
7.6. Cancellation. You may cancel at any time from your account. Cancellation takes effect at the end of the cycle already paid for — you keep access until then and are not charged for the next cycle. There is no cancellation fee.
7.7. Non-payment. Failed payment may result in suspension of paid features.
8. Withdrawal, cooling-off and refunds
8.1. EU / EEA / UK consumers — 14-day right of withdrawal. You have the right to withdraw from your subscription within 14 days of purchase without giving a reason. To exercise it, write to [SUPPORT EMAIL].
8.2. Immediate access and waiver. If you ask us to begin providing the service during the withdrawal period and expressly acknowledge that you will lose your right of withdrawal once the service has been fully performed, the rules in Article 16(m) of Directive 2011/83/EU apply. Where the service has only been partly performed, we will refund the proportion not used.
8.3. Brazil — 7-day right of regret. Under Article 49 of the Brazilian Consumer Protection Code, consumers may cancel within 7 calendar days of purchase with a full refund. This right cannot be waived.
8.4. Other jurisdictions. Where local mandatory law grants a longer or additional cooling-off period, that law prevails.
8.5. Outside the withdrawal period. No pro-rata refund is given for a cycle already started, except where: (a) our failure substantially prevents use; (b) you were charged incorrectly or twice; or (c) the law requires it.
8.6. Failed generations do not consume quota. If an itinerary generation fails due to an error on our side, the corresponding quota is credited back automatically. If it is not, contact support and we will correct it.
9. Acceptable use
You must not:
- a)use the Platform for unlawful purposes or in a way that infringes third-party rights;
- b)circumvent usage limits, paywalls, authentication or quota controls, including via multiple accounts;
- c)access the Platform by unauthorised automated means (scraping, bots, crawlers), overload our infrastructure, or conduct penetration testing without written authorisation;
- d)reverse-engineer, decompile, or attempt to extract models, prompts or source code;
- e)resell, sublicense or commercially exploit Itineraries as your own agency or operator product without a specific agreement with us;
- f)enter third-party personal data without a lawful basis, or unnecessary special-category data;
- g)submit unlawful, offensive, discriminatory or infringing content;
- h)use the Platform to plan unlawful activity;
- i)submit prompts designed to manipulate the AI system into producing prohibited content.
Breach may result in immediate suspension or termination, without prejudice to other remedies.
10. Intellectual property
10.1. Ours. The Platform, brand, visual identity, code, architecture, prompts and databases are owned by or licensed to us. These Terms transfer no rights in them.
10.2. Your Itineraries. You may use generated Itineraries freely for personal purposes, including printing, exporting to PDF and sharing with your travel companions. Commercial use requires prior authorisation (Section 9(e)).
10.3. User Content. You retain ownership of what you submit. You grant us a non-exclusive, worldwide, royalty-free licence to store, process and display that content solely to operate the Platform and provide the service to you, including transmission to AI providers (Section 12).
10.4. Service improvement. We may use aggregated and anonymised data (which does not identify you) to improve itinerary quality. You may object via the channels in the Privacy Policy.
10.5. Third-party images and content. Photographs and venue information displayed on the Platform may originate from third-party sources and are shown for illustrative and informational purposes. We claim no ownership of them. If you hold rights in material displayed without authorisation, write to [COPYRIGHT NOTICE EMAIL] with: identification of the work, the URL where it appears, your contact details, a statement of good-faith belief that the use is unauthorised, and a statement that the information is accurate. We will remove the content within [X] business days of a valid notice. This is our designated notice-and-takedown channel, including for the purposes of the DMCA (17 U.S.C. § 512) and Regulation (EU) 2022/2065.
10.6. Third-party trademarks are the property of their owners and are used for identification only.
11. Availability, changes and the evolving nature of the service
11.1. The Platform is provided "as is" and "as available", with no guarantee of uninterrupted availability. We offer no SLA.
11.2. Downtime may result from maintenance, third-party failures (cloud, AI providers, data providers), attacks or force majeure.
11.3. We may modify, suspend or discontinue features. Changes that substantially reduce what a subscriber paid for will be notified in advance, with the right to cancel and receive a pro-rata refund for the unused period.
11.4. Data loss. We recommend exporting to PDF any itinerary you wish to keep. We do not guarantee indefinite retention.
12. Use of AI and data providers
12.1. To generate Itineraries, we transmit your planning inputs to third-party language model providers and to geographic and image data providers, including outside your country of residence.
12.2. The full list of providers, purposes, legal bases and international transfer safeguards is set out in the Privacy Policy, which forms part of these Terms.
12.3. Do not enter special-category personal data, third-party data without authorisation, confidential information or trade secrets in the free-text notes field.
13. Warranties
13.1. To the maximum extent permitted by applicable law, we disclaim all implied warranties and do not warrant that the Platform will be uninterrupted or error-free, or that Itineraries will be accurate, complete, current or fit for a particular purpose.
13.2. Consumer rights preserved. Nothing in this section affects statutory rights that cannot be excluded, including those of consumers under the Brazilian Consumer Protection Code, EU consumer law, the UK Consumer Rights Act 2015, and equivalent legislation.
14. Limitation of liability
14.1. To the maximum extent permitted by law, we are not liable for:
- a)losses arising from decisions taken on the basis of an Itinerary without the verification required by Section 5;
- b)acts, omissions, cancellations, changes or failures of Partners and travel suppliers;
- c)rebooking costs, accommodation, transport, missed connections or missed engagements;
- d)force majeure events, including weather, strikes, border closures, political instability, epidemics and disasters;
- e)indirect loss, loss of profit, loss of opportunity or consequential loss;
- f)unavailability of third-party services on which we depend.
14.2. Liability cap. Subject to 14.3, our total aggregate liability is limited to the greater of: (i) the amount you actually paid to Aventura in the 12 months preceding the event; or (ii) USD 100.
14.3. What is never excluded. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; (d) breach of data protection obligations; (e) any liability that cannot lawfully be excluded or limited. In particular, under Article 51(I) of the Brazilian Consumer Protection Code, clauses excluding or reducing a supplier's liability to a consumer for defects are void; the limitations above apply only to the extent the law permits.
14.4. These limits reflect the free or low-cost nature of the service and the allocation of risk agreed between the parties.
15. Indemnity
You agree to indemnify us against losses, damages, costs and legal fees arising from: (a) your use of the Platform in breach of these Terms or the law; (b) content you submit that infringes third-party rights; (c) a third-party claim relating to personal data you entered without a lawful basis. This does not apply to the extent the loss results from our own conduct.
16. Suspension and termination
16.1. You may close your account at any time.
16.2. We may suspend or terminate accounts for breach of these Terms, legal requirement, fraud or risk to the Platform. Where possible we will give prior notice and an opportunity to export your itineraries.
16.3. After closure, data is handled as described in the Privacy Policy.
16.4. Sections 10, 13, 14, 15, 17 and 18 survive termination.
17. Changes to these Terms
17.1. We may amend these Terms. Material changes will be notified by email and/or in-Platform notice at least 30 days in advance.
17.2. If you do not agree, you may close your account before the changes take effect and receive a pro-rata refund for any paid but unused period. Continued use after the effective date constitutes acceptance.
18. Governing law, jurisdiction and disputes
18.1. Governing law. These Terms are governed by the laws of the Federative Republic of Brazil.
18.2. Mandatory consumer protections preserved. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence. Consumers may bring proceedings in the courts of their own domicile where local law so provides.
18.3. Other users. For users who are not consumers, the courts of [CITY], [STATE], Brazil have exclusive jurisdiction.
18.4. Amicable resolution first. Before commencing proceedings, we undertake to attempt an amicable resolution via [SUPPORT EMAIL], responding within 10 business days.
18.5. EU Online Dispute Resolution. Consumers resident in the EU may use the European Commission's ODR platform, where available. We are [NOT] committed to using an alternative dispute resolution body.
18.6. Nothing in this section prevents either party from seeking injunctive relief.
19. General
19.1. Severability. If a provision is held invalid, the remainder stays in force.
19.2. No waiver. Failure to enforce a provision is not a waiver of it.
19.3. Assignment. You may not assign your rights. We may assign in the event of a corporate reorganisation, with notice.
19.4. Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between the parties on this subject matter.
19.5. Language. These Terms are provided in Portuguese and English. For users domiciled in Brazil, the Portuguese version prevails in the event of a discrepancy. For all other users, the English version prevails.
Contact: [SUPPORT EMAIL] · [LEGAL ENTITY NAME] · CNPJ [CNPJ] · [ADDRESS]