Terms and Conditions

Last Updated: December 6, 2024

1. Acceptance of Terms

By accessing and using Avatarooms ("the Service", "we", "us", or "our"), you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our Service.

The Service is operated by Novum universum, UAB ("Company"), a limited liability company registered in Lithuania.

Company Information:
Legal Name: Novum universum, UAB
Company Code: 304773257
Registered Address: Piromonto g. 7-61, Vilnius, Lithuania
Director: Viktor Shaliuta

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. Description of Service

Avatarooms is an AI-powered platform that enables users to:

• Create and customize AI-generated avatars
• Generate AI-powered video content using advanced AI technology
• Share and interact with content in a social media environment
• Access and manage their created content

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have agreed to these Terms on your behalf.

Users between 13 and 18 years old must have parental consent to create an account and use the Service.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if you breach these Terms.

4. User Content and Conduct

4.1 User-Generated Content

You retain ownership of any content you create, upload, or share through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content for the purpose of operating and promoting the Service.

4.2 Prohibited Content

You agree not to create, upload, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Violates any person's privacy or publicity rights
• Contains hate speech or promotes violence
• Infringes on intellectual property rights
• Contains sexually explicit material
• Promotes illegal activities
• Contains false or misleading information

4.3 Content Moderation

We reserve the right to review, modify, or remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

5. AI-Generated Content and EU AI Act Compliance

5.1 Transparency and Disclosure

In compliance with the EU Artificial Intelligence Act (EU AI Act), we explicitly disclose that:

• The Service uses Artificial Intelligence systems (including but not limited to SDXL and Google Veo 3) to generate avatars and videos.
• Content created through the Service is artificially generated or manipulated.
• Users interacting with our AI systems are informed that they are interacting with an AI system, unless it is obvious from the context of use.

5.2 Content Labeling

We reserve the right to watermark or otherwise label AI-generated content to ensure traceability and compliance with transparency obligations under the EU AI Act.

5.3 Prohibited AI Uses

You strictly agree not to use our AI tools for:

• Generating deepfakes intended to deceive or manipulate public opinion.
• Generating content that impersonates real persons without their consent.
• Generating biometric categorization or emotion recognition data in prohibited contexts.
• Any use case classified as "Unacceptable Risk" under the EU AI Act.

5.4 Content Accuracy and Limitation

AI-generated content may not always be accurate, appropriate, or suitable for your intended use. The AI systems are provided "as is" for creative and entertainment purposes. You are solely responsible for reviewing and verifying any AI-generated content before use.

5.5 Intellectual Property of AI Content

You own the rights to AI-generated content created using your account, subject to these Terms and applicable law. However, you acknowledge that AI-generated content may be similar to content generated for other users.

6. Fees and Payment

6.1 Pricing

Certain features of the Service may require payment. We will clearly disclose all fees before you incur any charges.

6.2 Rate Limiting

We implement rate limiting to prevent abuse and manage costs. You agree to comply with any rate limits we establish.

6.3 Refunds

Refund policies, if applicable, will be disclosed at the time of purchase. We reserve the right to refuse refunds in cases of abuse or violation of these Terms.

7. Intellectual Property Rights

7.1 Service Ownership

The Service, including its original content, features, and functionality, is owned by Avatarooms and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Avatarooms" and related logos are trademarks of Avatarooms. You may not use our trademarks without our prior written permission.

7.3 Third-Party Content

The Service may contain content from third parties, including AI service providers. Such content is subject to the respective third parties' terms and conditions.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

We do not guarantee that the Service will be available at all times or that it will be error-free. The Service is provided "as is" and "as available" without warranties of any kind.

9.2 AI Content Disclaimer

AI-generated content is provided for entertainment and creative purposes. We do not guarantee the accuracy, appropriateness, or quality of AI-generated content.

9.3 Limitation of Liability

To the maximum extent permitted by law, Avatarooms 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, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

9.4 Maximum Liability

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

10. Indemnification

You agree to indemnify, defend, and hold harmless Avatarooms and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you submit

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features in the Service.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, subject to our Privacy Policy and data retention policies.

12. Governing Law and Jurisdiction

12.1 EU Users

For users in the European Union, these Terms shall be governed by and construed in accordance with the laws of the European Union and your country of residence, without regard to conflict of law provisions.

12.2 Dispute Resolution

If you are an EU resident, you have the right to bring any dispute to the competent courts of your country of residence or to seek resolution through alternative dispute resolution mechanisms.

12.3 Consumer Rights

If you are a consumer in the EU, nothing in these Terms affects your statutory rights as a consumer under EU law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending you an email notification (if you have an account)

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avatarooms regarding your use of the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Novum universum, UAB
Address: Piromonto g. 7-61, Vilnius, Lithuania
Email: legal@avatarooms.com
Website: https://avatarooms.com

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