These Terms of Service ("Terms") govern your access to and use of the AvatarTalk websites, API, web application and any AI avatar or conversation-training products we provide, whether hosted, deployed on-premise or delivered as an offline appliance (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1. Acceptance of Terms

By accessing or using the Services, you accept and agree to be bound by these Terms and any policies referenced herein, including our Privacy Policy. If you do not agree, you must not use the Services.

2. Service Description

AvatarTalk provides AI-powered avatar video generation and conversation-training simulations. The Services generate talking avatar videos and interactive scenarios based on text, audio and configuration you provide, and may be delivered through our cloud platform, deployed within your own environment, or run locally as an offline appliance.

3. User Accounts

To use certain Services, you must:

Create an account with accurate and complete information;
Maintain the security and confidentiality of your credentials and API keys;
Be responsible for all activity that occurs under your account;
Promptly notify us of any unauthorised use or security incident.

4. Payment and Credits

Hosted Services operate on a credit-based system:

Credits are consumed based on video generation time and usage;
Credits do not expire;
All payments are processed securely through Stripe;
Fees are exclusive of applicable taxes unless stated otherwise;
Refunds are handled on a case-by-case basis.

Enterprise, on-premise and appliance deployments may be governed by a separate order form or master agreement, which prevails over these Terms to the extent of any conflict.

5. Acceptable Use

You agree not to use the Services to:

Generate harmful, deceptive, defamatory, offensive or illegal content;
Impersonate real individuals or create synthetic likenesses without appropriate consent;
Infringe intellectual property, privacy or other rights of any third party;
Attempt to reverse engineer, disrupt, overload or gain unauthorised access to the Services;
Violate any applicable law, regulation or third-party terms.

6. Customer Content and Responsibilities

You retain ownership of the content you submit to the Services. You are responsible for ensuring you have the necessary rights and consents for that content, including any voices, likenesses or personal data, and for using generated output in compliance with applicable law. You grant us the limited rights needed to process your content solely to provide and support the Services.

7. Intellectual Property

The Services, including all software, models, designs and documentation, are owned by AvatarTalk and protected by intellectual property laws. Except for the rights expressly granted to you, no license or right is transferred. All rights not expressly granted are reserved.

8. Service Availability

While we strive for high availability, we do not guarantee uninterrupted or error-free operation of hosted Services. We may perform maintenance or updates that temporarily affect availability, and we may modify or discontinue features with reasonable notice where practicable.

9. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

10. Limitation of Liability

To the maximum extent permitted by law, AvatarTalk shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or data. Our aggregate liability arising out of or relating to the Services is limited to the amount you paid for the Services in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold AvatarTalk harmless from claims, damages and expenses arising out of your content, your use of the Services or your breach of these Terms.

12. Suspension and Termination

We may suspend or terminate access to the Services if you breach these Terms or use the Services in a way that poses a risk to us or others. You may stop using the Services at any time. Provisions that by their nature should survive termination will continue to apply.

13. Governing Law

These Terms are governed by the laws of Poland, without regard to conflict-of-laws principles. Disputes shall be subject to the competent courts of Poland, unless otherwise required by mandatory law.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above and, where appropriate, by additional notice. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact Information

AvatarTalk is based in Gliwice, Poland. If you have any questions about these Terms of Service, please contact us at support@avatartalk.ai.