Terms and Conditions of Use of the Dave Coach Service

Last updated: 23 May 2026

1. Preamble and Identification of the Provider

These Terms and Conditions of Use (hereinafter, the “Terms”) govern access to, and use of, the service known as “Dave Coach” (hereinafter, the “Service”), provided by RESET DI ZACCARIELLO DAVIDE EMANUELE, sole proprietorship with registered office at Via Selva no. 34, 51031 Agliana (PT), Italy, VAT number 02053300477 (hereinafter, the “Provider”). The Service is accessible through the official website https://davecoach.app, as well as through the mobile application and the official channels made available by the Provider. For any communication, the User may contact the Provider at the email address indicated on the contact page published on the website.

By subscribing, registering, or merely using the Service, the User declares that they have read, understood, and fully accepted these Terms, including the economic conditions, limitations, and clauses set forth herein. The official Terms page may be consulted at any time at https://terms.davecoach.app, while the personal data processing notice is available at https://policy.davecoach.app.

2. Definitions

For the purposes of these Terms, the following expressions shall have the meanings assigned below, without prejudice to their interpretation in the singular or plural form, as the case may be.

User: The natural person, of at least the minimum age required under Article 6, who accesses the Service for personal or professional purposes.

Account: The personal position created through registration, accessible by passwordless authentication through an OTP sent to the email address indicated by the User.

Service: The Dave Coach digital platform, based on generative artificial intelligence technologies, through which the User interacts with a conversational assistant intended to support reflection, personal insight, and the organization of individual or professional activities.

User Content: Any information, text, file, image, audio, transcription, or other material entered or transmitted by the User within the Service.

Output: The answers, summaries, suggestions, and materials generated by the AI assistant following the User’s interactions.

Credits: The consumption units periodically assigned or purchased, usable within the platform according to the methods described in Article 7.

Subscription: The contractual relationship of periodic and continuous performance that grants the User the right to access the Service for the duration and under the conditions agreed from time to time.

3. Subject Matter of the Service

Dave Coach is an AI-based digital coaching platform designed to provide the User with a conversational tool for personal reflection, self-observation, planning of individual and professional goals, and organizational support. The User interacts with the Dave assistant through text, voice, or multimedia messages, receiving algorithmically generated contributions in response.

The Service is provided through a mobile application and a web interface, with access subject to authentication through an OTP sent to the email address provided by the User. The Service may include both personal workspace configurations and organization-oriented functions, with members, roles, invitations, and differentiated administrative management, according to the tools made available by the Provider.

4. Nature of the Service and Restrictions on Use

The Service is expressly represented as a digital support tool for personal reflection and individual organization. Under no circumstances may it be qualified as, or assimilated to, professional, medical, psychological, psychotherapeutic, psychiatric, legal, tax, financial, insurance, pension, or other advice reserved by law or established practice to licensed professionals.

The User acknowledges and accepts that the answers generated by the AI assistant may be incomplete, partially inaccurate, not updated as of the date of consultation, or unsuitable for the User’s specific personal circumstances. Accordingly, the User bears the burden of independently verifying, with the diligence required by the circumstances, any information received before making any decision capable of affecting their personal, financial, health-related, or relational sphere.

In any case involving medical, psychological, psychiatric, legal, tax, financial, emergency, crisis-related, or otherwise sensitive needs, the User must promptly contact a qualified professional or, where necessary, the competent emergency services. The Service does not replace, in any way, the relationship with such professionals, nor does it guarantee specific results in terms of personal, professional, economic, relational, or other improvement.

Consistently with Article 50 of Regulation (EU) 2024/1689, known as the AI Act, the Provider expressly informs Users that interactions take place with an artificial intelligence system and that the Outputs are the result of algorithmic processing, without the cognitive, emotional, or clinical component inherent in a human relationship.

5. Acceptance and Amendments to the Terms

Acceptance of these Terms occurs through the appropriate checkbox made available in the Service access flow, by which the User confirms that they have reviewed the document and knowingly agrees to it. Operational access to the Service is subject to such confirmation.

The Provider reserves the right to amend, supplement, or update these Terms at any time, due to regulatory changes, technological developments, organizational needs, or other relevant circumstances. Amendments shall be communicated to the User through a notice published within the Service interface, email notification, or publication on the dedicated page https://terms.davecoach.app. Continued use of the Service after the amendments enter into force shall constitute tacit acceptance thereof, without prejudice to the right of a non-consenting User to withdraw from the relationship according to the methods set forth in Article 9.

6. Registration, Account, and Eligibility

Access to the Service requires the creation of a personal Account, with the indication of name, surname, email address, and, on an optional basis, a profile image and preferred language. Authentication is completed through an OTP sent electronically, without the use of a password.

The User represents that the information provided during registration is true, complete, and up to date, and undertakes to keep it so throughout the entire duration of the relationship. The Account is strictly personal; its transfer, sharing, use by unauthorized third parties, and any collective exploitation not expressly permitted by the Provider are prohibited.

With regard to eligibility, the Service is intended for adult Users, unless otherwise provided in the Provider’s specific policies. A User who, at the time of registration, has not reached the age of majority must refrain from using the Service, except where authorization has been granted by the person exercising parental responsibility, within the limits provided by the applicable legislation on the protection of minors, including Regulation (EU) 2016/679 provisions concerning minors’ consent.

7. Subscription, Credits, and Payments

The Service is provided through a recurring monthly subscription model. Upon activation and upon each renewal, the User receives a predetermined quantity of Credits that may be used within the corresponding billing period.

Credits included in the monthly subscription are valid only for the current billing cycle; at the end of each period, any unused Credits shall be automatically reset, without any possibility of transfer, accumulation, or refund, unless expressly indicated otherwise by the Provider. Where the User exhausts the Credits included in the subscription, the User may purchase additional Credits through a one-off payment; such supplementary Credits are separate from those included in the periodic plan and are not subject to the same effectiveness term, without prejudice to any technical limitation indicated at the time of purchase.

Payments are managed through Stripe (https://stripe.com), which independently handles payment processing and payment data custody functions. The Provider does not store in its systems any data relating to the User’s payment instruments, limiting itself to recording the active or inactive status of the subscription. Any disputes relating to the execution of payment transactions must be addressed, within the terms and according to the methods provided by applicable law, also to the payment service provider, in accordance with Legislative Decree no. 11 of 27 January 2010, implementing Directive 2007/64/EC.

The fees indicated are deemed to include VAT, where applicable, unless otherwise indicated at the time of purchase. The Provider reserves the right to revise the fees, giving the User appropriate prior notice, in compliance with the legislation in force on consumer contracts.

8. Right of Withdrawal and Digital Content Rules

Where the User qualifies as a consumer under Article 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005 (hereinafter, the “Consumer Code”), the rules governing the right of withdrawal set forth in Articles 52 et seq. of the Consumer Code shall apply. The consumer may withdraw from the contract, without giving any reason, within fourteen days from the date of conclusion of the contract, by sending written notice to the email address indicated by the Provider.

The User acknowledges and accepts that, pursuant to Article 59, paragraph 1, letter o), of the Consumer Code, the right of withdrawal is excluded for the supply of digital content through a non-material medium where performance has begun with the User’s express agreement, accompanied by acknowledgment of the loss of the right of withdrawal. Accordingly, by activating the subscription and immediately starting to use the Service, the User gives such express consent and acknowledges the consequent loss of the right of withdrawal in relation to the services actually used.

For the supply of digital content and digital services, the provisions of Legislative Decree no. 173 of 4 November 2021, implementing Directive (EU) 2019/770, shall also apply with regard to the remedies available to the consumer in the event of lack of conformity of digital content or a digital service.

9. Subscription Cancellation, Suspension, and Refunds

The User may cancel the subscription at any time through the relevant function made available in the payment provider’s management portal. Cancellation shall take effect at the end of the current billing period, meaning that the User shall retain access to the Service until expiry of the cycle already paid for and shall not be charged for subsequent periods.

Except for mandatory refund cases provided by binding law, and except in cases of technical error, double charge, or malfunction actually attributable to the Provider, payments already made are not refundable, whether in full, partially, or pro rata temporis. Therefore, the User shall not be entitled to the return of sums paid for periods not fully used where such non-use depends on circumstances attributable to the User or on the User’s voluntary cancellation decision.

Eligibility Criteria: A refund may be granted only where one of the following cases occurs: erroneous or duplicated payment, failure to provide the Service for causes attributable to the Provider, prolonged technical unavailability of the platform, or any further case required by mandatory law.

Procedural Requirements: The refund request must be sent, within thirty days from the date of the disputed charge, to the Provider’s email address, attaching a copy of the payment receipt and a detailed description of the dispute.

Response Timeline: The Provider shall examine the request within a reasonable period, normally not exceeding thirty days from receipt of the complete communication, and shall provide the User with a reasoned reply.

Refund Method: Any refunds granted shall be made through the same payment instrument used for the original transaction, unless otherwise agreed in writing between the parties.

Exclusions: Refunds shall not be granted for Credits already consumed, services fully used, digital content whose performance was expressly requested by the User with waiver of the right of withdrawal, or disruptions attributable to third-party providers outside the Provider’s reasonable control.

In the event of serious breach by the User, unlawful conduct, or violation of these Terms, the Provider reserves the right to suspend or deactivate the Account without any right to refund, without prejudice to the Provider’s right to seek compensation for any damages suffered before any competent authority.

10. Intellectual Property

The Service, including software, source code, interfaces, graphic layouts, visual elements, trademarks, distinctive signs, editorial content, coaching methodology, system prompts, and any other component, is owned exclusively by the Provider or its respective licensors, and is protected by national and international provisions on copyright, trademarks, and industrial property, with particular reference to Law no. 633 of 22 April 1941 and Legislative Decree no. 30 of 10 February 2005, the Industrial Property Code.

The User is granted a limited, non-exclusive, non-transferable, revocable, and free license to use the Service solely for the purposes provided by these Terms. Any form of reproduction, translation, adaptation, decompilation, reverse engineering, massive data extraction, automated scraping, use for the training of competing artificial intelligence models, distribution, commercialization, or making available to the public is expressly prohibited without the Provider’s prior written authorization.

User Content remains owned by the User. Without prejudice to such ownership, the User grants the Provider a non-exclusive, free license, limited to the purposes of providing and maintaining the Service, to process, store, technically reproduce, and transmit User Content, solely to the extent strictly necessary to ensure operation of the platform and compliance with legal obligations.

11. Copyright Policy and Notices

The Provider adheres to the principles of copyright protection and adopts procedures for the removal of unlawful content. Where a person believes that content published or transmitted through the Service infringes their intellectual property rights, they may submit a specific notice to the Provider’s email address, providing: their identification details, a description of the protected work, identification of the allegedly infringing content, a good-faith statement regarding ownership of the right invoked, and a signature, including in electronic form.

Upon receipt of the notice, the Provider, consistently with Legislative Decree no. 70 of 9 April 2003 and Regulation (EU) 2022/2065, known as the Digital Services Act, shall promptly assess the request and, where appropriate, adopt the measures deemed suitable, including removal of the content, disabling of access, and possible suspension of the responsible Account, informing the reporting party and the owner of the removed content, within the limits permitted by law.

12. User Obligations and Conduct

The User undertakes to use the Service in compliance with applicable law, the principles of good faith and fair dealing under Articles 1175 and 1375 of the Italian Civil Code, and these Terms. In particular, the following conduct is prohibited:

Unlawful Use: Using the Service for purposes contrary to mandatory rules, public order, or morality, or for the commission of criminally relevant acts.

Prohibited Content: Entering into the platform materials that are defamatory, misleading, obscene, violent, discriminatory, harmful to third-party rights, or otherwise inappropriate for the context of the Service.

Security: Attempting to access reserved portions of the system without authorization, bypassing security measures, introducing viruses, malicious code, or automated massive query systems.

Non-Personal Use: Sharing credentials with third parties, reselling access, or using the Service to provide services to third parties without a written agreement with the Provider.

Third-Party Data: Entering personal data of third parties without having an appropriate legal basis under Regulation (EU) 2016/679.

Violation of even one of the obligations above shall entitle the Provider to suspend or deactivate the Account, without prejudice to the right to compensation for any resulting damage, including reputational damage.

13. Third-Party Services

For the provision of the Service, the Provider uses third-party providers, including, by way of example and without limitation: OpenRouter (https://openrouter.ai) for language model functions, with application of the Zero Data Retention regime; Cartesia and ElevenLabs for voice synthesis and transcription functions; Stripe for payment management; Resend (https://resend.com) for email communications; Cloudflare R2 (https://www.cloudflare.com) for backup functions; and Expo Push Service (https://expo.dev) for push notifications.

The User acknowledges that the above parties operate independently, based on their own contractual terms and privacy notices, and that the Provider shall not be liable for acts, omissions, malfunctions, suspensions, or processing carried out by them outside the Provider’s direct control. Further details on the processing of personal data by such providers are available in the Privacy Policy published at https://policy.davecoach.app.

14. Limitation of Liability

To the maximum extent permitted by applicable law, and in accordance with Article 1229 of the Italian Civil Code, the Provider’s liability is limited exclusively to cases of willful misconduct or gross negligence. The Service is provided “as is” and “as available,” without any warranty as to operational continuity, absence of errors, accuracy, updating of content, fitness for specific purposes, or uninterrupted availability.

The Provider shall not be liable, in particular, for: a) decisions made by the User based on Outputs generated by the Service; b) direct, indirect, consequential, incidental damages, loss of profits, loss of opportunity, loss of reputation, or loss of data suffered by the User or third parties; c) interruptions of the Service, temporary suspensions, or loss of data resulting from technical malfunctions or force majeure events; d) conduct, errors, or malfunctions of third-party providers, AI providers, payment platforms, hosting services, email services, analytics services, voice synthesis, transcription, or notification services; e) unauthorized access resulting from the User’s negligence in keeping credentials or using the Account.

Where a total limitation of liability is not enforceable due to mandatory law, the Provider’s aggregate liability toward the User, on any legal basis whatsoever, shall in any event be limited to the amount of fees actually paid by the User during the twelve months preceding the event giving rise to liability.

15. System Security

The Provider adopts reasonable technical and organizational measures to protect the confidentiality, integrity, and availability of the data processed. Measures adopted include, by way of example, passwordless authentication through OTP, rate-limiting systems, access controls, security headers, encryption at rest of server volumes through LUKS technology, protected management of application secrets, and upload controls.

No digital system, however, can be considered entirely immune from risks. To the extent permitted by applicable law, the Provider shall not be liable for unauthorized access, data theft, malfunctions, vulnerabilities, interruptions, or incidents attributable to causes outside its control, including those attributable to third-party providers, cloud infrastructure, AI providers, payment systems, electronic communication services, voice synthesis and transcription services, push notifications, or other external infrastructure.

16. Personal Data Protection

The processing of personal data is governed by Regulation (EU) 2016/679 (GDPR) and Legislative Decree no. 196 of 30 June 2003, the Personal Data Protection Code, as amended by Legislative Decree no. 101 of 10 August 2018. For detailed information on purposes, legal bases, data categories, recipients, possible transfers outside the European Union, retention periods, and data subject rights, the User is invited to consult the specific notice published at https://policy.davecoach.app, which forms an integral and substantial part of these Terms.

17. Changes to the Service and Force Majeure

The Provider reserves the right, at any time, to modify, update, supplement, or cease all or part of the Service, to introduce new features, or to remove existing ones, for technical, commercial, regulatory, or security reasons. Where changes are substantial and likely to materially affect the User’s rights, appropriate prior notice shall be given.

No liability may be attributed to the Provider for non-performance, delays, or Service suspensions caused by force majeure or unforeseeable events, including, by way of example, natural events, acts of authorities, conflicts, strikes, cyberattacks, interruptions of telecommunications networks, and malfunctions of third-party providers.

18. Termination of the Relationship and Data Deletion

The User may, at any time, request deletion of the Account by sending written communication to the Provider’s email address. Upon receipt of the request, the Provider shall delete the data stored in the operating database, without prejudice to legal retention obligations and the ordinary rotation of system backups, which shall be automatically overwritten within an indicative period of thirty days. Telemetry data, being functional to technical diagnostics, is subject to a predetermined maximum retention period, as specified in the Privacy Policy.

19. Dispute Resolution and ADR

For any dispute arising in relation to the interpretation, performance, or termination of these Terms, the parties undertake to attempt prior amicable resolution by written communication sent to the Provider’s email address. If thirty days elapse from receipt without a positive outcome, either party may bring proceedings before the competent judicial authorities.

Where the User qualifies as a consumer, the User may also activate alternative dispute resolution (ADR) procedures under Articles 141 et seq. of the Consumer Code, as amended by Legislative Decree no. 130 of 6 August 2015, implementing Directive 2013/11/EU, by contacting one of the bodies registered in the list kept by the Italian Ministry of Enterprises and Made in Italy. The European online dispute resolution platform (ODR), established by Regulation (EU) 524/2013, was definitively discontinued on 20 July 2025 pursuant to Regulation (EU) 2024/3228; therefore, any residual reference to such platform shall be deemed ineffective.

20. Governing Law and Competent Court

These Terms are governed by Italian law, excluding conflict-of-law rules that would allow the application of another law. For any dispute, the Court of Pistoia shall have exclusive jurisdiction. For consumers, the mandatory forum under Article 66-bis of the Consumer Code shall remain unaffected, namely the court of the place of residence or elected domicile of the consumer, where located in Italy.

21. Final Provisions

Where one or more clauses of these Terms are found, in whole or in part, to be invalid, null, or ineffective, the remaining provisions shall retain full validity and effect, consistently with the principle of contract preservation under Article 1367 of the Italian Civil Code. Any tolerance by the Provider of conduct by the User that differs from these Terms shall not be interpreted as a waiver of contractual rights, which may be exercised at any time within the applicable limitation period.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that they specifically approve the clauses set forth in the following Articles: 4 (Nature of the Service and Restrictions on Use), 8 (Right of Withdrawal and Digital Content Rules), 9 (Subscription Cancellation, Suspension, and Refunds), 12 (User Obligations and Conduct), 13 (Third-Party Services), 14 (Limitation of Liability), 15 (System Security), 17 (Changes to the Service and Force Majeure), 19 (Dispute Resolution and ADR), and 20 (Governing Law and Competent Court).

22. Contacts

For any request for information, communication, complaint, or exercise of rights under these Terms, the User may contact the Provider at the following details:

RESET DI ZACCARIELLO DAVIDE EMANUELE
Via Selva no. 34, 51031 Agliana (PT), Italy
VAT number: 02053300477
Website: https://davecoach.app
Terms and Conditions: https://terms.davecoach.app
Privacy Policy: https://policy.davecoach.app.