Terms of Service

These Terms of Service (the "Terms") govern your access to and use of AvatarFactory, including the website at avatarfactory.io, the application at app.avatarfactory.io, the AvatarFactory MCP connector, and all related tools, features, and integrations (together, the "Service"). The Service is operated by AvatarFactory Ltd., a company incorporated under the laws of the State of Israel ("AvatarFactory", "we", "us", or "our"). By creating an account, purchasing a plan, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility and Accounts

• You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract to use the Service. If you use the Service on behalf of a company, you confirm you have authority to bind that company, and "you" includes it.
• You agree to provide accurate registration information and keep it up to date.
• You are responsible for your login credentials and for all activity under your account. Notify us immediately at the contact address below if you suspect unauthorized use. We are not liable for losses caused by unauthorized access resulting from your failure to protect your credentials.
• We may refuse, suspend, or terminate accounts that violate these Terms or that we reasonably believe present fraud, abuse, or legal risk.

2. The Service

AvatarFactory lets you create AI avatars (including faces, voices, and personas), generate scripts, images, carousels, and videos, and download or publish that content. Generation actions consume credits as described below. The Service is delivered digitally: credits become available immediately after payment, and generated content is delivered inside the app as soon as generation completes. The set of features, models, and integrations may evolve over time as described in the section on modifications to the Service.

3. Plans, Credits, and Billing

3.1 Plans

We offer paid subscription plans on monthly and annual terms. Current prices, credit allocations, and feature limits are listed on our pricing page and may differ between plans. All charges are in US dollars unless a different currency is shown at checkout.

3.2 Automatic renewal

Subscriptions are recurring. By subscribing, you expressly authorize us to charge your payment method the plan price, plus applicable taxes, at the start of each billing term until you cancel. Monthly plans renew each month. Annual plans are a twelve-month commitment billed at the start of each annual term and renew for successive annual terms. Before an annual renewal, and before a trial converts to a paid plan, we send a reminder notice to your account email in line with card network rules.

3.3 Cancellation

You can cancel your subscription at any time online from your account settings, with no more effort than it took to subscribe. Cancellation takes effect at the end of the billing term you have already paid for, and you keep access until then. Except as stated in the Refund Policy below, we do not provide prorated refunds for unused time.

3.4 Credits

• Subscription credits. Each plan includes a monthly credit allocation. This applies to annual plans too: an annual plan is billed yearly, but its credits are allocated monthly. Each monthly allocation resets at the start of the next billing month, and unused subscription credits do not roll over.
• Purchased credits. Credits purchased separately from a plan allocation (credit packs and similar add-on credits) are valid for three months from the date of purchase and expire after that.
• Nature of credits. Credits have no monetary value, are not transferable, and cannot be exchanged or redeemed for money. Credits are forfeited when your account is closed or terminated, and, in the case of subscription credits, when the subscription term they belong to ends.

3.5 Trials and promotions

We may offer trials, introductory prices, or other promotions. The trial length, the plan it converts to, and the price you will be charged are shown at checkout. Unless you cancel before the trial or promotional period ends, your subscription converts automatically to the paid plan you selected at its then-current price. Promotional terms shown at checkout apply in addition to these Terms.

3.6 Price changes

We may change plan prices and credit allocations. For existing subscribers, changes take effect at the start of your next billing term, and we will give you notice before a price increase applies to you. Continued use of the Service after a change takes effect means you accept it.

3.7 Taxes

Displayed prices may not include VAT, sales tax, or similar charges. You are responsible for all applicable taxes, levies, and duties connected to your purchase, and these may be added at checkout or included in your charge as required by law.

3.8 Payment processing

Payments are handled by third-party payment processors that are certified under the PCI Data Security Standard; we do not store full card numbers on our own servers. By providing a payment method you authorize us and our processors to charge it for your plan, renewals, credit purchases, add-ons, and applicable taxes. Charges appear on your card statement with a descriptor referencing AvatarFactory. You agree to keep a valid payment method on file. If a charge fails, we may retry it and may suspend the Service until payment is settled.

4. Refund Policy

Refund requests must be submitted within the window that applies to the charge, measured from the moment of payment. No refund request will be accepted more than seven days after a charge. These windows apply to renewal charges as well: each renewal starts its own window.

• Monthly plans. Eligible for a refund if the request is made within 24 hours of payment.
• Annual plans. Eligible for a refund if the request is made within 7 days of payment.
• Add-ons. Non-refundable.
• Credits. Eligible for a refund if the request is made within 24 hours of payment and the credits have not yet been used.

Credits that have been used, and services that have been consumed, are not refundable. Approved refunds may be reduced by payment processing and transaction fees of up to 15%. Refunds are issued to the original payment method, and the time it takes to appear depends on your payment provider or bank.

To request a refund, contact us at the address in the Contact section with the email on your account and the details of the charge.

4.1 Chargebacks

If you believe a charge is incorrect, contact us first and give us a reasonable opportunity to resolve it. Filing a payment dispute or chargeback without contacting us, or filing one we reasonably determine to be fraudulent or without merit, may result in suspension or termination of your account and forfeiture of remaining credits. We reserve the right to dispute chargebacks and to provide our records of your account and usage to the payment processor.

5. Invoices

Invoices are available to download directly from the Website. You can find your invoices by clicking the invoice button on the left-side menu. Invoices will not be sent automatically to your email.

6. Your Content and Generated Assets

6.1 Your inputs

You may provide prompts, scripts, reference images, audio, and other material to the Service ("Inputs"). You confirm that you own or have all rights needed to use your Inputs this way, and that they do not violate any law or any third party's rights, including intellectual property, privacy, and publicity rights.

6.2 Ownership of generated assets

Subject to these Terms and to the rights of third parties, and as between you and AvatarFactory, you own the avatars, personas, scripts, images, voices, and videos generated through your account ("Generated Assets"), and you may use them for personal and commercial purposes.

6.3 License to AvatarFactory

You grant AvatarFactory a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, publicly display, distribute, and create derivative works of your Inputs and Generated Assets, including to operate, maintain, and improve the Service, to train and improve our systems and models, and for marketing, showcase, and promotional purposes. This license survives the closure of your account. AvatarFactory has full permission to use any asset generated on the Service.

6.4 Nature of AI output

Generated Assets are produced by AI models. Output may be inaccurate, incomplete, or similar to output generated for other users, and we do not guarantee that Generated Assets are unique, free of third-party rights, or fit for any particular purpose. Any resemblance between a generated avatar and a real person is coincidental unless you deliberately created it, which is subject to the Acceptable Use rules below. You are responsible for reviewing Generated Assets before you use or publish them.

6.5 Moderation

We may review, remove, or disable content that violates these Terms or applicable law, and we may suspend accounts involved in violations. We are not obligated to monitor content.

7. Acceptable Use

You agree not to use the Service to:

• Create an avatar, voice, or video of a real, identifiable person without that person's documented consent.
• Deceive, defraud, or mislead others, including impersonation, scams, fake endorsements, or presenting AI-generated content as a real person's statement.
• Circumvent laws or platform rules that require disclosure of synthetic or AI-generated media. You are responsible for complying with such disclosure requirements wherever you publish.
• Create sexual content involving minors or content that sexualizes minors in any way. This is absolutely prohibited, will result in immediate termination, and will be reported to the relevant authorities.
• Create or distribute content that is unlawful, defamatory, harassing, hateful, or that infringes intellectual property, privacy, or publicity rights.
• Violate the acceptable use policies of our payment providers or the rules of the card networks in connection with anything you sell or promote using the Service.
• Upload malware, probe or disrupt the Service, scrape it, reverse engineer it, or access it by automated means outside the interfaces we provide.
• Circumvent credit limits, plan limits, or billing, or share, resell, or white-label the Service without our written agreement.

Violations may result in suspension or termination of your account without refund, in addition to any other remedies available to us.

8. Third-Party Platforms and Services

The Service relies on third-party AI providers to generate media and can connect to third-party platforms, for example social networks where you publish content. Your use of any third-party platform is governed by that platform's own terms, and you are responsible for complying with them, including their rules on AI-generated content. We are not responsible for third-party platforms or services, their availability, or their actions, including removal of your content or restriction of your accounts on those platforms.

9. Intellectual Property

The Service itself, including its software, design, interfaces, model configurations, templates, trademarks, and all content we provide (excluding your Inputs and Generated Assets), is owned by AvatarFactory and its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. If you send us feedback or suggestions, we may use them without restriction or compensation.

10. Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice to the contact address below with: identification of the work, the location of the allegedly infringing material, your contact details, a statement of good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner. We may remove reported content and terminate the accounts of repeat infringers.

11. Privacy

Our Privacy Policy explains what we collect, how we use it, and the choices you have. It is part of these Terms.

12. Modifications to the Service and to These Terms

We may add, change, or remove features, models, and integrations, and may discontinue parts of the Service. We may also update these Terms. When we make a material change, we will update the effective date at the top and, where appropriate, notify you. Continued use of the Service after an update means you accept the revised Terms. If you do not agree, stop using the Service and cancel your subscription.

13. Termination

You may close your account at any time. We may suspend or terminate your access if you breach these Terms, if your use presents fraud, abuse, security, or legal risk, or if required by law. On termination, your right to use the Service ends, remaining credits are forfeited, and the sections that by their nature should survive (including the license in section 6.3, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

14. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that generation results will meet your expectations, or that using the Service will produce any particular outcome, including follower growth, engagement, or income. Nothing on the Service is financial, legal, or professional advice.

15. Limitation of Liability

To the fullest extent permitted by law, AvatarFactory and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising from or related to the Service, even if advised of the possibility. To the fullest extent permitted by law, our total liability for all claims arising from or related to the Service is limited to the greater of the amounts you paid us in the twelve months before the claim arose or 100 US dollars. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless AvatarFactory and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Inputs, your Generated Assets and how you use or publish them, your violation of these Terms, or your violation of any law or third-party right.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.1 Users in the United States and Canada

If you reside in the United States or Canada, you and AvatarFactory agree to resolve any dispute arising from these Terms or the Service through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in New York, New York, conducted in English, with the Federal Arbitration Act governing this clause. You and AvatarFactory each waive the right to a jury trial and to participate in a class action; disputes may be brought only on an individual basis. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.

17.2 All other users

For all other users, the competent courts of Tel Aviv-Jaffa, Israel have exclusive jurisdiction over any dispute arising from these Terms or the Service.

18. Communications

We may send you transactional messages about your account, billing, and the Service by email or in-app notice. With your consent where required, we may also send marketing communications, which you can opt out of at any time using the unsubscribe link or your account settings.

19. Miscellaneous

These Terms, together with the Privacy Policy and any terms shown at checkout, are the entire agreement between you and AvatarFactory about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

20. Contact Us

Questions about these Terms, refunds, or billing: Support@AvatarFactory.IO.