Acceptable Use Policy

1. General

This Acceptable Use Policy supplements the Avatario Terms of Service (hereinafter referred to as the “Main Agreement”) found at https://avatario.ai/terms and incorporated herein by reference.

Capitalised terms that are defined therein in the Main Agreement shall have the same meaning when used in this Acceptable Use Policy.

Attempts to circumvent or violate this policy will not be tolerated. Violations of this policy may result in the removal of violative content or the suspension or termination of Your access to our Services.

2. Prohibited Use

You agree that you will not upload or use in connection with the Services content:

1. that violates, misappropriates or infringes or attempts to violate, misappropriate or infringe a third party’s intellectual property rights, publicity rights, privacy rights, including data protection rights, and/or any other kind of rights, including without limitation, publishing a person’s private information without their permission;

2. as a trademark, service mark or logo (other than Customer Provided Content);

3. for television broadcasting or advertising;

4. that exploits, harms, or attempts to exploit or harm minors in any way, including through the use of inappropriate content targeted at minors and by exposing them to inappropriate content or otherwise, including, without limitation, grooming content, nudity, sexual acts, bullying (including cyberbullying content), abusing (physical or verbal), or threatening, or harassing content or content that celebrates the suffering of minors, or content that promotes or threatens the sexualization of children;

5. that is pornographic, sexually explicit or offensive, sexual abusive, ;

6. that is obscene, defamatory, libelous, bullying, profane, indecent;

7. that contains any elements of mockery, animosity, harmful stereotypes, slurs, statements of inferiority, expressions of contempt and disgust, threats, racism, violence or hatred or conveys a message of hate against any individual or group or contains profanity;

8. that is disrespectful to any religion or belief system or promotes any kind of division, discrimination or hate.

9. that promotes or facilitates suicide or self-harm, including eating disorders;

10. content that promotes harassing, threatening, intimidating, predatory, or stalking conduct;

11. that are factually inaccurate, misleading or deceptive, including content that denies the existence of specific health conditions;

12. that promotes frauds and scams, including content that manipulates, defrauds, or deceives others for money or property, including financial, identity, or rewards scams;

13. that furthers or promotes criminal activity or provides instructional information about illegal activities, including content that promotes or facilitates transactions in illegal drugs, weapons, or other dangerous materials, or illegal services such as human trafficking or sexual services;

14. that is highly repetitive and/or unwanted including “Spam” messages;

15. in advertisements for medical devices or services or pharmaceutical products or political advertising;

16. that publishes a person’s private information without their permission or content that illegally uses somebody’s voice or visual representation, or the unauthorized use of another person’s identity for harmful, non-satirical purposes, including unauthorized sexualization or automated calls;

17. that is designed to compromise security or gain unauthorized access to computer systems or networks, including spoofing or social engineering;

18. that promotes goods and services related to commercial sex( Prostitution), Weapons/ ammunition, alcohol, online gambling, trade of endangered species, body parts and fluids, hazmat goods.

19. that contains political opinions, content related to political matters, or content that promotes political parties or candidates, political campaigning or lobbying government officials, particularly content related to Global elections;

20. that contains false claims, challenging the facts, misstating social events like elections, health info, voter suppression, harming civic integrity and election content.

21. election misinformation content, including the following:

    1. content designed to mislead voters about the time, place, means, or eligibility requirements for voting, or false claims that could materially discourage voting

    2. content intended to impersonate political candidates or elected government officials

    3. content that promotes or incites interference with democratic processes, including disinformation campaigns

    4. spreading misinformation about candidates, parties or voting procedures or

    5. encouraging or promoting voter suppression, intimidation or misinformation.

22. that impersonates or attempts to impersonate any person or represent that content from the Services was human generated when it is not; or

23. otherwise violate applicable laws. 

3. Prohibited Use of Avatar, Custom Avatars, Voices and Models

The Service provides you with an option to use Avatars, Custom Avatars and voices generated by the Services (“Voices”) for the purposes of Customer Generated Content. The Service also provides you with an option to use stock media which may include images of real persons (“Models”). You understand and acknowledge that Avatars, Custom Avatars, Voices and Models available in the Services are based-on real people (“Actors”) and the use of Avatars, Voices and media containing Models is subject to specific licensing conditions. Accordingly, if you wish to use an Avatar, Voice or media containing a Model, then the following additional restrictions apply. In addition to the above restrictions in clause 2 (Prohibited Use) of this Acceptable Use Policy, you shall not use Avatars, Voices or media containing Models in Customer Created Content:

1. in a way that it damages or falsifies the Actor’s reputation or otherwise defamatory;

2. in a way that a person would reasonably find offensive;

3. alongside or in connection with regulated or not age-appropriate goods or services, such as gambling, adult entertainment venues, escort services, dating services, or the sale, advertisement or use of liquor, tobacco products or illicit drugs;

4. in which the Avatar, Custom Avatar, Voice or Model is making any kind of statement of opinion, including expressing any personal preferences or experiences as their own preferences or experiences, or endorsing a political party, candidate, elected official, or opinion;

5. in which the Avatar, Custom Avatar, Voice or Model is making any kind of statement of fact or opinion regarding religion, politics (including by providing voting information or political campaigns), race, gender, sexuality, or other similar topics that are known to be sensitive to certain demographics;

6. in which the Avatar, Custom Avatar, Model or Voice is partaking or engaging in immoral or criminal activity;

7. to create trademarks, design-marks, service-marks, or other similar protected or registrable rights, as or part of non-fungible tokens (NFTs) or similar;

8. for television broadcasting or advertising; or

9. as suffering from, or medicating for, a physical or mental ailment.

In addition, You agree that you will not will create Custom Avatar(s) that:

1. Display illegal, defamatory, sexually explicit, pornographic, violent, threatening, abusive, inflammatory, harmful, hateful, cruel, insensitive, or deceptive imagery, including through likenesses, symbols, or insignia;

2. Represent or appear, in the sole discretion of Avatario, to represent individuals under the age of 18;

3. Represent real individuals, including celebrities or public figures, without their explicit consent; or

4. Represent or appear, in the sole discretion of Avatario, to infringe copyrighted images without the consent of the copyright owner.

4. Customer Content Review

Avatario may, but is not obligated to, review any Customer Content without any consent, at any time, without any notice, to identify potentially prohibited content. Avatario may manually review content or use automated tools to scan and flag potentially prohibited Customer Content.

If your Customer Content is found to breach our policies, Avatario may, in its sole discretion, taking into account the severity of the violation: remove the content or prevent the generation of the content on our Services; notify the You about the decision; temporarily or permanently suspend the Your access to our Services; report the content to legal authorities; or such other actions as Avatario determines may be appropriate under the circumstances.

5. Reporting Prohibited Content

If you believe that content uploaded to or created using our Services contains non-permissible content, please email us at support@avatario.ai with: a link to or copy of the content; a brief description of the reason you believe the content is not permissible under this policy; and contact information to reach you regarding your communication.

6. Modification to the Acceptable Use Policy

Avatario may, at its sole discretion, revise its Acceptable Use Policy from time to time. When changes are implemented, they come into effect immediately upon being posted on this page, and your continued use of our Services constitutes acceptance of this policy, including any modifications. 

If a change, in Avatario’s sole discretion, materially adversely impacts You, we will notify You in advance either via email or in-product notification and You shall be responsible for complying with any changes.