Terms of Service

1. Acceptance of Terms

By creating an account or using the Service, you represent that you are at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree with any part of these Terms, you must not use the Service. Your continued use of the Service constitutes acceptance of any updates or modifications to these Terms.

2. Account Terms

You must provide accurate and complete information when creating your account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

3. Acceptable Use

You agree not to use the Service to:

• Create deepfake content without the explicit consent of the individuals depicted
• Generate content that is defamatory, obscene, or promotes violence or discrimination
• Impersonate individuals for fraudulent or deceptive purposes
• Violate any applicable law or regulation
• Infringe upon intellectual property rights of third parties
• Distribute malware or engage in activities that harm the Service or other users
• Attempt to reverse-engineer, decompile, or disassemble any aspect of the Service

4. Payment Terms

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as stated in our refund policy. We offer a 14-day money-back guarantee for new subscriptions.

We may change our pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle. You are responsible for all applicable taxes in addition to the subscription fees.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by AvatarForge Inc. and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of all content you create using the Service, subject to the licenses granted in these Terms. You grant us a limited license to host, process, and display your content as necessary to provide the Service.

6. Data Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

For Enterprise customers, data processing is governed by the Data Processing Agreement (DPA) executed between you and AvatarForge Inc.

7. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance. Enterprise customers with SLA agreements are subject to the terms of their specific SLA.

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. We will provide at least 90 days' notice before discontinuing core functionality.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVATARFORGE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Termination

You may terminate your account at any time through your account settings. We may terminate or suspend your access to the Service immediately if you breach these Terms.

Upon termination, your right to use the Service ceases immediately. We will retain your data for 90 days, during which you may export it. After 90 days, all data will be permanently deleted.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless you are an individual consumer entitled to bring claims in your local courts.

11. Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service.