Terms of Service

Last updated: October 20, 2026 · for the AVVEN Creative Subscription

§ 1 Scope

(1) These Terms of Service apply to all contracts between AVVEN, owner Artjom Wagner, Krokusweg 3, 77731 Willstätt, Germany ("AVVEN," "we," "us") and the customer for the AVVEN Creative Subscription.

(2) Our offer is directed exclusively at businesses, meaning individuals or legal entities who enter into the contract in the course of their trade, business or profession (entrepreneurs within the meaning of Section 14 of the German Civil Code, BGB). We do not contract with consumers. By placing an order, the customer confirms that they are acting as a business. Consumer withdrawal rights therefore do not apply.

(3) Any conflicting or different terms of the customer apply only if we expressly agree to them in text form (for example, by email).

§ 2 Conclusion of contract

(1) The presentation of the plans on our website is not a binding offer. By completing the order at checkout, the customer makes a binding offer. The contract is concluded as soon as the first payment succeeds and we confirm the order by email.

(2) The contract language is English.

§ 3 Services

(1) For one product of the customer, we create the number of ad creatives ("ads") stated in the booked plan per billing month, as static images and videos, including research, angles, copy, scripts and hooks, as well as a review by our team. The scope of each plan follows from the plan description at the time of the order. Each brand may have only one subscription at a time; if the customer needs more ads, they upgrade to a bigger plan (§ 8 (4)).

(2) The ads are created with the help of AI tools. People, voices and scenes in the ads may be artificially generated.

(3) We deliver ad creatives, not ad placement. Media buying, running the ads, landing pages and managing ad accounts are not part of the service unless expressly agreed otherwise.

(4) Delivery times are estimates. They start once onboarding is fully completed. We usually deliver the first ads within 5 to 7 business days, or within 3 to 4 business days on the Scale plan. We deliver the remaining ads of a month spread across the billing month.

(4a) Before producing a video, we send the customer the script and hooks for approval. Changes at this step are free of charge and do not count as a revision round. If the customer neither approves the script and hooks nor requests changes within 3 days, they are deemed approved, so that delivery within the current month remains possible.

(5) One revision round per ad is included. The customer requests it in the customer portal and describes what should be changed. Each further revision of the same ad counts as one new ad from the quota of the current billing month; we point this out before the request is submitted. New concepts beyond the plan are agreed separately.

(6) Ads that the customer does not use up in a billing month, for example because they do not meet their obligations to cooperate, expire at the end of the month and do not roll over.

(7) We owe the careful creation of the ads in line with the principles of performance marketing, but not any particular business result, in particular not a specific number of new customers, sales or metrics such as CAC or ROAS.

§ 4 Customer cooperation

(1) During onboarding, the customer provides the necessary information and materials, in particular information about the brand and product, product photos and logos, and keeps them up to date.

(2) The customer warrants that they hold the rights to the materials provided and that we may use them to create the ads. The customer indemnifies us against third-party claims arising from a breach of this warranty.

(3) The customer approves each ad before publishing it. An ad is deemed accepted upon approval or download.

(4) If the customer neither approves a delivered ad nor requests a revision within 7 days after it is made available in the customer portal, the ad is deemed accepted. We remind the customer by email before the deadline expires and point out this consequence on delivery.

§ 5 Advertising claims, health claims and labeling

(1) We review advertising claims to the best of our knowledge for compliance with the EU Health Claims Regulation and the advertising policies of the platforms. This is not legal advice. The customer is responsible for the content and publication of the ads, in particular for product and efficacy claims, including compliance with the laws of the countries in which the ads are shown.

(2) The customer is responsible for labeling AI-generated content as required by applicable laws and platform policies, and for not presenting ads with artificially generated people as real customer testimonials or reviews.

§ 6 Usage rights

(1) Upon full payment for the respective month, the customer receives a non-exclusive, transferable right, unlimited in time and territory, to use and edit the approved ads for their own advertising purposes. This right continues after the subscription ends.

(2) We may show the ads as references in our portfolio and in our own content unless the customer objects in text form.

(3) Rights to tools, templates, methods and raw data that we use independently of the customer remain with us.

§ 7 Prices, VAT and payment

(1) The prices of the booked plan at the time of the order apply. Prices on this website are stated in US dollars (USD). All prices exclude value added tax (VAT).

(1a) For business customers based outside Germany, our services are generally not subject to German VAT, because the place of supply is where the customer is established. Business customers in the European Union provide a valid VAT identification number at checkout; the reverse charge mechanism then applies, and the customer accounts for VAT in their own country. Any taxes, duties or withholdings in the customer's country are the customer's responsibility. Customers based in Germany are asked to book via our German website www.avvengrowth.com; for them, German VAT applies.

(2) The subscription is billed monthly in advance through our payment provider Stripe. The customer receives the invoice by email.

(3) If a payment fails, we may pause the service until the amount is settled. Other rights remain unaffected.

(4) Offer and discount codes (for example 10% off the first month) apply to the first billing month only and can be redeemed once per company, including when a different email address is used. If a code is redeemed in breach of this condition, we may charge the difference to the regular price.

§ 8 Term and cancellation

(1) The subscription runs for one month at a time and automatically renews for another month unless canceled.

(2) The customer can cancel at any time, effective at the end of the current billing month, via the customer portal or by email to hello@avvenai.com. We can cancel with 14 days' notice, effective at the end of a billing month.

(3) The right to terminate for good cause remains unaffected.

(4) The customer can switch plans via the customer portal. Billing is then prorated.

§ 9 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) In cases of slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may rely. In this case, liability is limited to the foreseeable damage typical for this type of contract, and at most to the fees paid for the last three months.

(3) Otherwise, liability is excluded, in particular for lost profits and for decisions by advertising platforms, such as rejected ads or suspended accounts.

§ 10 Confidentiality and data protection

(1) Both parties treat the other party's confidential information as confidential, also after the contract ends.

(2) How we process personal data is described in our Privacy Policy.

§ 11 Final provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) To the extent permitted by law, the exclusive place of jurisdiction for all disputes is Offenburg, Germany.

(3) If any provision is invalid, the rest of the contract remains valid.

(4) We may change these Terms with effect for the future. We will notify the customer of changes by email at least 30 days in advance. If the customer does not object before the changes take effect, the new Terms apply. We will point out this consequence in the notice. If the customer objects, either party may cancel effective on the date the changes take effect.