Welcome to TalkingAIAvatar! These Terms of Service ("Terms") govern your access to and use of our website,
TalkingAIAvatar.com ("Website" or "Service"). By creating an account and using the Service, you agree to
these Terms. If you do not agree, please do not use the Service.
1. Description of Service
TalkingAIAvatar allows users to upload photos and audio files to convert them into 256x256 talking avatar videos through AI
technology. Users are granted 10 free credits upon account creation, and additional credits may be
purchased or obtained through subscription plans.
2. Eligibility
- You must create an account to use our Service.
- You must be at least 13 years old. By using TalkingAIAvatar, you confirm that you meet this age
requirement.
- Use of the Service for adult content or any illegal, offensive, or malicious purposes is strictly
prohibited.
3. User Content Ownership
- Ownership of Uploaded Content: You retain full ownership of any photos, audio files, or
other content ("User Content") that you upload to the Service.
- Generated Content: Content generated by TalkingAIAvatar's AI tools ("Generated Content")
belongs to you for your personal and commercial use in accordance with these Terms. By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to use
Generated Content in anonymized form to improve our Service or for promotional purposes.
- Rights to Your Creations: You have the right to use, share, and distribute the talking avatar videos you create, provided you have the proper rights to the original photos and audio you uploaded.
4. Prohibited Uses
You agree not to use the Service:
- For illegal, harmful, or fraudulent activities.
- To create or use AI-generated videos for malicious purposes, impersonation, harassment, or defamation.
- To upload offensive, obscene, or otherwise objectionable content.
- To create content that could mislead others regarding the identity or affiliation of a person, brand, or entity.
- To generate videos that infringe upon the intellectual property or privacy rights of others.
- In violation of any applicable laws or regulations.
We reserve the right to terminate or suspend your account for any violation of these Terms.
5. Data Storage and Retention
We store your data as follows:
- User Accounts: Your account information, including email and credit balance, is stored for as long as your account remains active.
- Uploaded Content: Your uploaded photos and audio files are stored temporarily for processing. For free users, this content is automatically deleted within 7 days after processing. For subscribers, content is retained for the duration of your subscription plus 30 days.
- Generated Videos: Your generated talking avatar videos remain accessible in your account for as long as your account is active.
- Third-Party Processing: We use third-party cloud servers to process and store data. All data transfers are encrypted for security.
By using the Service, you acknowledge and agree to this data handling policy.
6. Disclaimers
- Use at Your Own Risk: The Service is provided "as-is" and "as-available." We do not
guarantee that generated content will be error-free, accurate, or fit for your intended purposes.
- Quality Limitations: Our talking avatar videos are provided at 256x256 pixel resolution. This resolution is chosen to provide accessible, affordable video creation for all users.
- No Responsibility for Misuse: You are solely responsible for how you use the
Service and any Generated Content. We are not liable for any damages, claims, or disputes arising
from your use of the Service or Generated Content.
- AI Limitations: Generated Content may not always meet your expectations due to the
inherent limitations of AI technology.
7. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special,
consequential, or punitive damages arising from your use of the Service, including but not limited
to:
- Loss of data, profits, or revenue.
- Any unauthorized access, use, or alteration of your data.
- Any disputes or claims related to Generated Content.
- Loss of access to your account or generated videos.
Our total liability for any claims under these Terms will not exceed the amount you paid us in the six months preceding the claim.
8. Account Termination
We reserve the right to suspend or terminate your account at our sole discretion if you violate these
Terms or engage in prohibited activities.
You may delete your account at any time through your account settings, and all associated data will be deleted in accordance with our
data handling policy.
Upon account termination or deletion, any remaining credits or subscription time will be forfeited without refund.
9. Credits and Subscriptions
- Upon creating an account, you will receive 10 free credits to use the Service. Once these are
exhausted, you may purchase additional credits or subscribe to a plan.
- Credits represent the right to generate talking avatar videos, with approximately 1 credit equaling 1 minute of generated video.
- Subscription plans provide a monthly allocation of credits that renew at the start of each billing cycle.
- All payments made for credits or subscriptions are non-refundable as detailed in our Refund Policy.
- Unused credits from subscriptions do not roll over to the next billing cycle unless explicitly stated in the plan description.
10. Changes to the Service or Terms
We may update or modify these Terms at any time. Changes will be effective upon posting on the Website.
By continuing to use the Service after changes are posted, you agree to the revised Terms.
We may also modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content.
11. Jurisdiction
These Terms are governed by the laws of the United States of America. Any disputes arising under or in connection with these
Terms shall be resolved exclusively in the courts of the United States.
13. Miscellaneous
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
- These Terms constitute the entire agreement between you and us regarding the use of the Service.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.