Terms of Service

Our Terms of Use

These Terms of Use (“Terms”) apply to autoavatarai.com and any other websites, products, or services operated by AutoAvatar AI, Inc. and its subsidiaries and affiliates under common ownership and control (collectively, “AutoAvatar,” “we,” “us,” or “our”) that display these Terms (collectively, the “Sites”). The Sites provide information about AutoAvatar and enable you to request a demo, contact us, evaluate our AI video avatar platform, and, for authorized dealership customers and salespeople, access AutoAvatar’s hosted services (the “Services”).

Acceptance of Terms

These Terms govern your use of the Sites and Services, whether you access them directly or through a third-party application or website. We may operate additional websites or applications that are governed by their own terms of use. Please read these Terms carefully — by accessing or using any part of the Sites or Services, you agree to be bound by them. If you do not accept all of these Terms, you may not access or use the Sites or Services.

Our Approach to Privacy

We are committed to protecting the privacy of personal information and using it responsibly. The types of information we collect and how we use them are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Sites or Services, you consent to the collection and use of personal information in accordance with our Privacy Policy.

User Account

To access certain features of the Sites or Services, you may be required to register a user account. By registering, you agree to: (a) provide and maintain accurate, current, and complete information; (b) maintain the security of your credentials; (c) assume full responsibility for any uses of and actions that take place through your account; and (d) provide us with immediate notice of any breach of security or unauthorized use of your account. Your account may be terminated, and your profile and any information you have provided may be deleted, and you may be prohibited from using or accessing the Sites or Services, or any portion thereof, at any time, with or without notice, and for any or no reason.

Limited License

Subject to your compliance with these Terms, you are granted a limited, revocable, non-transferable license to access and use the Sites and Services to which you have properly gained access, and solely for your information and personal, non-commercial use, or for the internal business use expressly authorized in a written agreement between you and AutoAvatar. Any use of the Sites or Services other than as specifically authorized by these Terms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted herein. Unauthorized use may also violate applicable laws.

Unless explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property (“IP”) rights, whether by estoppel, implication, or otherwise. Except for content you provide, all content on the Sites and available through the Services — including software, models, avatars, video, text, graphics, and design — is owned by or licensed to AutoAvatar, with all rights reserved, and is subject to and protected by copyright and other IP rights and laws.

User Conduct

In using the Sites or Services, you may not:

• Register an account on behalf of an individual other than yourself, impersonate any person or entity, create a false identity, misrepresent yourself or your affiliation with any person or entity, or attempt to use another person’s account;
• Copy, transmit, display, distribute, download, modify, publish, post, reproduce, or otherwise use the Sites or Services for commercial or public purposes without our prior written consent;
• Use data mining, scraping, automated scripts, robots, or similar data-gathering or extraction tools or processes against the Sites or Services;
• Use the Sites or Services in any unlawful manner or in any manner that could damage, disable, overburden, or impair them, or interfere with any other party’s use;
• Use the Services to generate, train, or fine-tune any AI model that competes with AutoAvatar, or to create synthetic media of any individual without that individual’s prior written consent;
• Use the Services to produce deceptive, defamatory, harassing, discriminatory, sexually explicit, or otherwise unlawful content, or content that violates applicable disclosure requirements for AI-generated media; or
• Upload, post, transmit, share, store, or otherwise make available any material that (i) contains software viruses or other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or equipment, or that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) is, in our sole judgment, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, hateful, or otherwise objectionable.

External Links

The Sites or Services may include links to third-party sites. Any such third-party sites, and any information provided therein, are made available to you “AS IS” and solely for your information. Some third-party services may require you to register on those sites; such registration is separate from any registration on our Sites and is governed by the terms of the third-party site. You acknowledge and agree that you are responsible for evaluating the risks associated with using any third-party sites, content, or services, and that we have no liability for any services provided on or through such third-party sites and make no representations or warranties concerning the accuracy, integrity, or quality of any third-party sites or content. Sponsored content, if any, may be identified as such.

Disclaimers

While we strive to keep the Sites current, we cannot guarantee the accuracy of information provided through the Sites or Services, including product features, availability, pricing, timelines, or the terms of any promotion or offer, and we are not responsible for any errors or omissions.

The Sites and Services, and all content contained therein, are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Sites or Services will be uninterrupted or error-free, that any specific information requested will be provided, or that the Sites or Services will be free of viruses or other harmful elements. Outputs generated by AI models, including AI video avatars, may be inaccurate, incomplete, or otherwise inappropriate for a given use. You are responsible for reviewing and approving outputs before relying on them. You expressly agree that the entire risk as to the quality and performance of the Sites and Services, and the accuracy, timeliness, and completeness of the content, is assumed solely by you. Some states do not allow limitations on implied warranties, so the above limitations, in full or in part, may not apply to you.

Your use of or access to the Sites or Services may be denied at any time, with or without notice, and for any or no reason. Any of the Services may be modified or discontinued at any time, with or without notice, and for any or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or modification or discontinuation of, any Services.

Trademarks

All trademarks, trade names, service marks, logos, graphics, designs, brands, and service names (“Marks”) appearing on the Sites — including “AutoAvatar,” “AutoAvatar AI,” and “Real People AI Videos” — are either our registered trademarks, trademarks, or trade dress, or are licensed to us for our use. None of the Marks may be used, including as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on the Sites should be construed as granting, by implication or otherwise, any license or right to use any of the Marks.

Copyright

It is our policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your IP rights have been otherwise violated, you may file a written notice of infringement with our designated agent containing the following:

• Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other IP rights;
• Description of the copyrighted work or other IP that you claim has been infringed;
• Description of where the material that you claim is infringing is located on the Sites;
• Your name, physical address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law; and
• A statement that the information in your notice is accurate and that you are the copyright or IP owner or authorized to act on the owner’s behalf.

Send the foregoing information to us using the Contact page below.

Jurisdictions

Our Sites are controlled and operated from within the United States. We make no representation that the Sites or Services, including the information we collect, comply with the laws of any foreign jurisdiction. If you choose to access the Sites or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws.

Compliance with Law Enforcement

We will cooperate with government and law enforcement officials, as well as private parties, to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties that, in our sole discretion, we believe necessary or appropriate to respond to claims and legal process, including subpoenas, to protect our property and rights or those of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be, or to pose a risk of being, illegal, unethical, or subject to legal action.

Our Policy Towards Children

The Sites and Services are intended for business users. Any use of or access to the Sites or Services by anyone under 13 is not permitted and violates these Terms. By using or accessing the Sites or Services, you represent and warrant that you are 13 years of age or older and fully able to agree to and abide by all of these Terms. We may suspend or terminate your account and delete any profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.

Indemnification

You agree to indemnify and hold us, our affiliates, our partners, and our vendors, and each of our and their owners, directors, officers, employees, and agents (the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Sites or Services, any content you submit, or any violation of these Terms or of any law or the rights of any user or other third party.

Limitation of Liability

In no event will any of the Indemnified Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Sites or Services or any content accessed through or downloaded from the Sites, even if they are aware or have been advised of the possibility of such damages. In no case shall the Indemnified Parties’ cumulative liability to you for any cause whatsoever, and regardless of the form of the action, exceed US$10.00. Because certain state laws do not allow the exclusion or limitation of certain damages, these limitations, in full or in part, may not apply to you.

Dispute Resolution / Governing Law

With respect to any dispute, you agree to first contact us as indicated in the “How to Contact Us” section below and work with us in good faith to attempt to resolve the dispute. In the event we are not able to resolve the dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, through binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration shall take place in the state and county where our corporate headquarters is located. By visiting or using the Sites or Services, you agree that the laws of that state, without regard to its choice-of-law principles, will govern these Terms and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction for matters related to data security, IP, or unauthorized access to the Sites or Services. We each agree to waive any and all rights we may have to trial by jury.

Corporate Transfers

In the course of a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share, or otherwise engage in a transaction that involves some or all of our assets, including your user account information and content.

General Provisions

In the event any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect our original intentions; the remainder of these Terms shall remain in full force and effect. All provisions of these Terms that, by their terms, are reasonably expected to survive their termination shall survive such termination. These Terms contain the entire agreement concerning your use of the Sites and the Services and supersede all existing agreements and all other oral, written, or other communication between us concerning its subject matter. No waiver of these Terms shall be effective unless in writing. Except as otherwise expressly stated in these Terms, there shall be no third-party beneficiaries.

Changes to Our Terms

We may modify these Terms, at any time and for any reason, by posting the revised Terms on our primary Site. Your use of the Sites after any such posting indicates your acceptance of the modified Terms.

How to Contact Us

For any questions or concerns regarding your use of the Sites or Services, please reach out through our Contact page. We will make every effort to respond promptly and address your concerns.