Terms of Service and Privacy Policy for avatar42

Last Updated: 15/12/2024

1. Description of Service

avatar42 allows users to upload images to train AI models and generate personalized AI-rendered content. The Service is provided “as is,” and features may change or be updated without notice.

2. Eligibility

• Age Requirement: You must be at least 18 years old, or the age of majority in your jurisdiction, to use this Service. By using avatar42, you confirm you meet this requirement.
• Content Restriction: You may not upload, train, or generate models using images of individuals under the age of 18 (or the age of majority in their country of residence), regardless of your relationship to them.

3. Rules and Conduct

When using avatar42, you agree to:

• Lawful Use: Use the Service only for lawful purposes and in accordance with these Terms.
• Prohibited Activities: Avoid engaging in:
  • Uploading or generating content that is defamatory, obscene, offensive, or harmful.
  • Infringing on the intellectual property or privacy rights of others.
  • Misusing the Service for fraudulent, deceptive, or illegal purposes.
  • Reverse engineering or tampering with the Service.
• Respect for Others: Avoid any actions that may harm, harass, or offend other users or individuals.

Violation of these rules may result in the suspension or termination of your account.

4. Intellectual Property

• Service Ownership: All rights, titles, and interests in the Service, including its underlying technology and content, are owned by avatar42.
• User Content: You retain ownership of any images or content you upload and the AI-generated outputs created through the Service. By uploading content, you grant us a non-exclusive, royalty-free license to use and process the content solely to provide the Service.

5. Payment and Subscription

• Fees: Access to certain features may require payment. All fees are non-refundable unless explicitly stated otherwise.
• Pricing Changes: avatar42 reserves the right to adjust pricing or subscription terms at its discretion.

6. Data Collection and Privacy Policy

6.1 Information We Collect

• Personal Information: When you register, we collect your name, email address, and payment details (processed by third-party providers).
• Uploaded Content: Images you upload for AI model training.
• Usage Data: Device information, log data, and cookies for analytics.

6.2 How We Use Your Information

We process your data to:

• Provide and improve the Service.
• Manage your account and preferences.
• Respond to customer support inquiries.
• Ensure security and detect fraud.

6.3 Legal Basis for Processing (GDPR)

We process your data under:

• Consent: By using the Service, you consent to the processing of your data as outlined here.
• Contractual Necessity: Processing required to deliver the Service.
• Legitimate Interests: Improving the Service, ensuring security, and complying with legal obligations.

6.4 Data Retention and Deletion

Uploaded images are temporarily stored for training purposes and deleted upon completion. Personal data is retained as long as necessary for service delivery or as required by law. Users may request deletion of their personal data at any time by contacting us.

7. Your Rights Under GDPR

As a user, you have the following rights:

• Access: Request access to your personal data.
• Rectification: Correct inaccurate or incomplete data.
• Erasure: Request deletion of your data (“Right to be Forgotten”).
• Portability: Receive your data in a portable format.
• Objection: Object to certain types of processing.
• Withdraw Consent: Withdraw consent at any time.

To exercise your rights, contact us at support@avatar42.com.

8. Cookies and Tracking

We use cookies to:

• Enhance your experience.
• Analyze usage patterns (e.g., Google Analytics).

You can manage cookie preferences via your browser settings.

9. Data Security

We implement technical and organizational measures to protect your personal data, including:

• Encryption of data in transit and at rest.
• Secure access controls.
• Regular security monitoring.

10. Termination

avatar42 may suspend or terminate your access to the Service for any violations of these Terms or other harmful activities.

11. Limitation of Liability

To the fullest extent permitted by law, avatar42 shall not be liable for any:

• Loss of data, profits, or goodwill.
• Unauthorized access to or misuse of your data.
• Service interruptions or technical issues.

12. Changes to This Document

We may update this combined Terms of Service and Privacy Policy from time to time. Changes will be posted on our website, and the "Last Updated" date will be revised. Continued use of the Service after updates constitutes acceptance of the new terms.

13. Contact Information

If you have any questions or concerns, contact us:

• Email: support@avatar42.com