Terms and Conditions

Last Updated 7-Jan-2025

Welcome to www.avataar.ai (“Website”) operated and owned by Soul Vision Creations Private Limited (“Avataar/Company/We”), a company registered in India under the Companies Act, 2013 (which expression shall include its subsidiaries, assignees and affiliates). These Terms and Conditions (“Agreement”) constitute a legally binding agreement which govern the access to the product and services provided by the Company including but not limited to the web application - “Velocity” (“Web App”) and/or any other product or service created and made available by the Company that shall hereinafter collectively be referred to as “Platform”. The terms “Customer”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes to or uses the Platform.

By clicking the “Accept” button, completing the sign up process, accessing the Platform, and/or browsing the Website, you represent that (1) you have read, understood, and agreed to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Avataar, and (3) you have the authority to enter into this Agreement personally or on behalf of the entity you have named as the user, and to bind that entity to this Agreement. 

Please read this Agreement carefully before proceeding to use the Platform. By proceeding, you are agreeing to abide by all the terms set forth below. If you do not agree with any of these terms, you have the option to not access the Platform. Avataar reserves the right to terminate your account and/or remove any information or other content shared by any user that is in breach of this Agreement. If you have any query about these terms, please contact us at contactus@avataar.ai

Please note that these Terms are subject to changes, which are necessitated from time to time, on account of changes in applicable laws, rules, regulation, evolution of technological standards, changes in safety and security standards etc. We shall, at our sole discretion, alter, modify, add or delete parts or wholly the Terms, at any time.

1. Electronic contract

This Agreement containing these terms is an electronic record as envisaged under Information Technology Act, 2000, as amended from time to time, and rules there under, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.  

2. Grant of License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Platform. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Platform; (b) unless permitted via a paid plan or a legal contract, distribute, transfer, sublicense, lease, lend, or rent the Platform to any third party; (c) reverse engineer, decompile, or disassemble the Platform. (d) You agree not to access the Platform

with the intent of developing a competing product or service, or to replicate any concepts, features, functionalities, or visuals associated with the Services. Unless explicitly stated otherwise, any future updates, releases, or enhancements to the Services’ functionality will also be governed by these Terms; and (e) You further agree not to use unauthorized means to access the Platform, including but not limited to bots or automated tools, to surpass the usage limits applicable to your account based on the selected subscription plan.

3. Content

  • “Customer/Your Content” shall mean any and all information and content (including but not limited to text, images, photos, videos, audio, reviews, comments, links and documents) that a Customer provides or makes available to the Company in connection with the use of the Platform. 

  • “Output” shall refer to the content created, generated and returned by the Platform based on the Customer Content.
    Avataar provides artificial intelligence functionalities as part of its Platform services, enabling you to create or generate text, data, videos, images, graphics, sounds, music, audio clips, and other similar materials (collectively referred to as “AI-Based Output”). For the purposes of these Terms, any reference to "Output" shall include, but is not limited to, AI-Based Output, unless explicitly stated otherwise or unless the context specifically requires a separate interpretation.

4. Your registration and Account obligations

You must register an “Account” on the Platform. The Company provides a self-service product wherein You can directly onboard Yourself via the Web App. There are two kinds of Accounts that can be generated over the platform: a free account with limited features or a paid account with certain additional features. 

Once you are registered as a user, you shall be responsible for all the actions that are undertaken by you through your account. You may be held liable to make good any losses incurred, on account of your failure to keep your account details confidential or any unauthorized access to your account through your negligence. You must immediately bring it to our notice in case of any unauthorized use of your account and any other breach of security.

You shall ensure that any personal information provided by you as part of the registration process is true, correct, complete and up to date. If Avataar discovers or has reasonable grounds to suspect that any information provided by a user is untrue, incorrect, incomplete and not up to date, it has the right to suspend your account in perpetuity and restrict the access to the Platform by such user. The information collected while creating your Account will be governed by our Privacy Policy.

You can create an Account by logging in with certain third-party websites/platforms such as Google, Apple ID (“Third-Party Accounts”) or using your own email address.  If you create an Account using your email address, you must enter in the necessary details on the Platform, post which one-time verification shall be conducted by the Company. Post such verification the Account shall be created.

5. Access

  • Modification: The  Company reserves the right, at any time, to modify, suspend, or discontinue the services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services or Platform in any part thereof.

  • No support or maintenance: You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Platform.

  • Ownership: You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform are owned by the Company. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights.


6. Responsibility for Customer Content and Output:
You are solely responsible for all Customer Content provided by you, as well as any Output generated using your Customer Content or through your Account by any affiliate, entity, or representative associated with you. You assume all risks related to the use of your Customer Content and any Output derived from it, including reliance by others on its accuracy, completeness, or usefulness, and any disclosure that personally identifies you or third parties. You represent and warrant that your Customer Content complies with our Acceptable Use Policy. You may not suggest or imply that your Customer Content is endorsed, sponsored, or provided by Avataar in any manner.

Avataar is not obligated to back up your Customer Content or Output generated from it. Such content may be deleted at any time without notice. It is your responsibility to create and maintain backup copies of your Customer Content and Output, if desired. You also confirm that you have obtained the necessary written consent, release, and/or permission from every identifiable individual featured in your Customer Content to use their name or likeness in your Output, as contemplated by Avataar and these Terms.


Right to Use Customer Content and Output:
You grant (and represent and warrant that you have the right to grant) to Avataar an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license (including the right to sublicense) to access, use, reproduce, distribute, transmit, perform, display, format, store, archive, and index your Customer Content and any Output generated from it, for the purposes of facilitating your use of the Services and delivering the Services to you. Additionally, Avataar may use Customer Content and Output to support, develop, and enhance the Services further.

The terms and rights outlined in this clause do not apply to enterprise customers, who are governed by separate, specifically tailored enterprise agreements.

The Platform is intended to use by individuals and businesses of all sizes, spanning various industries and regions. As a provider of the Platform, Avataar offers features and controls to support Customers in fulfilling their unique compliance obligations as outlined in these Terms. However, it is ultimately the Customer’s responsibility to utilize and deploy the Platform in compliance with the applicable laws of the jurisdiction where the Services or Output is used or exploited.

Accordingly, Avataar shall not be liable or held accountable for any claims arising from the use or exploitation of the Output or for any breach of applicable laws by the Customer in connection with the Output.

7. Acceptable Use Policy

(A) You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content or Output that:
(i) infringes upon any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights to privacy or publicity, or any other intellectual property or proprietary rights;
(ii) is unlawful, harassing, abusive, tortious, invasive of privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, or promotes racism, bigotry, hatred, physical harm, or violence against any group or individual, or is otherwise objectionable;
(iii) harms or seeks to harm minors in any manner, including by representing or portraying them through Avatars or exposing them to inappropriate content;
(iv) violates any applicable laws, regulations, statutes, ordinances, rules, judgments, directives, approvals, guidelines, or other governmental requirements, or contravenes any interpretations, rulings, or administrative decisions issued by relevant authorities within the jurisdiction where the Customer intends to utilize the Output; or
(v) adversely affects an individual’s legal rights or creates or alters a binding, enforceable obligation without proper authority.

(B) You shall not use the Platform (i) to promote or advertise age restricted goods, services or venues, including alcohol, tobacco, vaping products, psychoactive substances, firearms, gambling, sex toys, escort services and dating services; and (ii) to transmit any conspiracy theories, propaganda or data or information that is in furtherance of any ‘misinformation’ or ‘disinformation’ campaigns or activities

(C) Additionally, you agree not to:
(i) upload, transmit, or distribute any computer viruses, worms, or other software designed to damage, disrupt, or alter computer systems or data through the Services;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other duplicative or unsolicited messages (whether commercial or otherwise) via the Services;
(iii) use the Platform to collect, harvest, or gather information or data about other Customers, including their email addresses, without their consent;
(iv) interfere with, disrupt, or place an undue burden on servers or networks linked to the Services, or violate any regulations, policies, or procedures governing such networks;
(v) attempt to access the Services (or other computer systems or networks connected to the Services) without proper authorization; or
(vi) harass, disrupt, or interfere with another Customer’s use and enjoyment of the Platform.

We may, but have no obligation to, edit or remove any Output that we determine in our sole discretion is unlawful, offensive, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms

8. Third Party Services

You acknowledge that the Platform enables you to access, interact with, and/or purchase services from various platforms and third parties via their websites or applications (collectively, “Third-Party Services”). Avataar does not review, monitor, endorse, or warrant these Third-Party Services, nor is it responsible for their actions or any agreements, decisions, or services you engage in with them. Use of such Third-Party Services is at your sole discretion and risk. Any interactions with or use of Third-Party Services are governed solely by their terms and conditions, and Avataar will not be a party to, or responsible for, any transactions or disputes with these third parties.

If any Third-Party Services cease to provide their programs or services to Avataar on reasonable terms, Avataar reserves the right to discontinue such features without notice, refund, or compensation. You agree to comply with the applicable terms and conditions of any Third-Party Services that you access or use in connection with Avataar’s Services.

9. Indemnification
You (the “Indemnifier”) agree to indemnify and hold harmless Avataar, its subsidiaries, officers, affiliates, employees, and agents (“Indemnified Parties”) against any claims, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
(a) your use of the Services or Outputs;
(b) violation of these Terms or applicable laws;
(c) infringement of third-party rights, including intellectual property or privacy;
(d) your (Customer) Content or Output;
(e) use of third-party services; or
(f) actions that materially or adversely affect the Indemnified Parties.

Avataar may assume exclusive defense and control of any claim at your expense, and you must cooperate with this defense. Settling any claim without Avataar’s prior written consent is prohibited.

Indemnified Parties' claims are deemed conclusive evidence of your indemnity obligation, arising immediately upon their loss or liability, regardless of any defense or appeal rights. Failure to notify you of a claim does not relieve your indemnification obligations.

Indemnified Parties’ indemnification rights are independent of and in addition to other remedies, including specific performance, restitution, or injunctive relief, which remain unaffected by prior knowledge, investigations, or actions taken by the Indemnified Parties.

10. AI-Based Output

(a) Suitability & Uniqueness
Outputs from Avataar may be unexpected, non-unique, and not eligible for intellectual property protection.

(b) Prohibition on AI/ML Training
You must not use any data or Outputs from Avataar to create, train, or improve any AI or machine learning systems.

(c) Use for Improvement
By using Avataar, you grant us the rights to utilize your AI-Based Outputs to enhance our AI safety measures, technologies, products, and Services.

(d) Limitation of Liability
Avataar is not liable for any errors, inaccuracies, offensive content, or harmful Outputs generated due to the inherent nature of machine learning algorithms.

(e) Prohibited Uses: You must not:

  • Use the Services unlawfully or infringe on others' rights.

  • Create harmful, defamatory, or illegal Outputs.

  • Reverse-engineer Avataar or develop competing products.

  • Use personal images without consent, which is at your own risk.

(f) Disclosure
If required by law, you must clearly state that Outputs are AI-generated to prevent misunderstandings (e.g., by adding a disclaimer).

11. DISCLAIMER

AVATAAR MAKES NO WARRANTY THAT THE PLATFORM OR OUTPUTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, OR FREE FROM HARMFUL CONTENT. AVATAAR IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED THROUGH THE PLATFORM INCLUDING CUSTOMER CONTENT AND OUTPUTS, AND DOES NOT CONTROL OR VERIFY CONTENT SHARED BY USERS. AVATAAR IS NOT LIABLE FOR ANY THIRD-PARTY SERVICES CONNECTED TO OR USED IN CONJUNCTION WITH THE SERVICES. IN NO EVENT SHALL AVATAAR OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: ERRORS OR INACCURACIES IN THE SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM USE OF THE SERVICES, UNAUTHORIZED ACCESS TO SECURE SERVERS OR STORED INFORMATION, INTERRUPTION OR FAILURE OF SERVICES, OR HARMFUL CONTENT TRANSMITTED THROUGH THIRD-PARTY SERVICES. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT AVATAAR IS NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK FROM SUCH CONDUCT IS ENTIRELY ON YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, AND THESE MAY NOT APPLY IN SUCH AREAS.

12. Limitation of Liability

You agree that Avataar shall not be liable for any direct, indirect, incidental, consequential, exemplary tangible or intangible losses or damages arising out of:

(a) Your use or failure to use this Platform and services provided by it;

(b) Obtaining of substitute products or services, identical or not, at a lesser price;

(c) Any action or representation of any third party; and

(d) Any other matter related to the Platform services and materials hosted by it

ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO INR 10,000. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICES, OR RELIANCE ON CONTENT DISPLAYED. WE ARE ALSO NOT LIABLE FOR INDIRECT DAMAGES SUCH AS LOSS OF PROFITS, SALES, OR BUSINESS OPPORTUNITIES. WE ARE NOT RESPONSIBLE FOR VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE. OUR SUPPLIERS HAVE NO LIABILITY UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW SUCH LIMITATIONS, SO THIS MAY NOT APPLY TO YOU.

13. Termination

Avataar, may in its discretion, change, discontinue, modify, restrict, suspend or terminate the Website, Platform, or any part of it without any notice or liability to You or any other person. Further, Avataar reserves the right to, at any time, terminate or restrict, temporarily or permanently, Your account and use of the Website or Platform without any notice or liability to You or any other person.

If Your access or use of all or any part of the Platform is terminated for any reason, then these Terms will continue to apply and be binding upon You in connection to Your prior access to and use of the Platform and anything connected with therefrom.

14. Complete Agreement

These Terms, and policies referred to in these terms and conditions, represent the entire understanding relating to the use of the Platform over any prior or contemporaneous, conflicting or additional, communications.

15. Governing Law

These Terms will be governed by and construed in accordance with the laws of India. You agree that any action at law or in equity that arises out of or relates to these terms and conditions will be filed only in Bangalore, India.

The Platform is controlled, operated and administered by Avataar from offices in India. Avataar makes no representation that materials at this Platform are appropriate or available for use at locations outside India and access to them from territories where their contents are illegal is prohibited. You are responsible for compliance with all international and local laws, which may be applicable when you access this Platform.

16. Severability 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

17. No Partnership

Your use of the Platform creates no partnership, client, fiduciary or other professional relationship between you and Avataar. 

18. Force Majeure 

Avataar will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control, including but not limited to labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order.

19. Payments and Refunds

Avataar, on receiving a valid request, shall initiate the refund process and the Customer shall receive the amount within 5-7 days from the date of refund intimation (This would be valid for the refund getting processed offline). This is subject to any clearance where 3rd party payment aggregators are involved, in which case, the payment shall be refunded back within 15 days.