Avatarco Inc Terms of Service

Effective as of 10th of March 2024

General

By accessing and using AvatarCo Inc ’s application programming interfaces, software, tools, data, documentation, or website (collectively, “Services”), you expressly agree that you have read and agreed to be bound by the following terms and conditions (the “Terms”) as well as all applicable laws and regulations. You also agree that you are 18 years or older and legally able to enter into a binding contract.

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Unless otherwise specified, terms used below and in any of our other agreements or notices, including our Privacy Policy, have the following meanings. ,

“Client”, “User”, “You” and “Your” refers to you, the person using Services and accepting the Terms.
“AvatarCo Inc “, “Ourselves”, “Our”, “We” and “Us”, refer to our company, AvatarCo Inc , Inc.
“Representatives” means AvatarCo Inc ’s personnel, advisors, affiliates, agents and suppliers.
“Party”, “Parties”, or refers to both the Client and ourselves, or either the Client or ourselves.

Any use of the above terminology or other words in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.

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These Terms and any policies incorporated in these Terms contain the entire agreement between you and AvatarCo Inc regarding access to or use of the Services and, other than any Service specific terms of use or any applicable Enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and AvatarCo Inc on that subject.

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No agency, partnership, joint venture or other relationship is intended or created by your access to or use of the Services.

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You may not assign or delegate any rights or obligations under these Terms and any purported assignment or delegation by you shall be null and void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate as part of a corporate reorganization.

Privacy Statement

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and disclose personal information you provide to us when you access and use the Services. For further information, please visit our Privacy Policy

License to Use the Services

We grant you a non-exclusive right to access and use the Services in accordance with these Terms. AvatarCo Inc retains all right, title, and interest in and does not agree to any transfer of title regarding the Services. Under this license, you may not:

Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services, except (i) you may create and store temporary files that are automatically cached by your web browser for display purposes, (ii) as otherwise expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not apply to Your Content;
Submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful, including, without limitation, copyrighted images to the Services without the consent of the copyright owner, defamatory, obscene, sexually explicit, pornographic, violent, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
Use the Services for bullying, disruptive or Objectionable purposes, or in a manner that violates our policies and standards, including our Acceptable Use and Moderation Policy or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable purposes;
Frame, replicate, or develop an interface to access the Services without going directly to the Website (e.g., via an API), unless we explicitly make such functionality available to you;
Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services; provided that, for clarity, the foregoing does not include Your Content;
Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
Violate any applicable law or regulation in connection with your access to or use of the Services;
Access or use the Services in any way not expressly permitted by these Terms; or
Use or distribute User Output in a misleading way, including, without limitation, representing that the User Output is entirely human generated. Further, if you distribute your User Output to others, we encourage you to proactively disclose that such User Output was created using artificial intelligence technologies so as not to mislead others of its origin.

License to Your Content

As part of your use of the Services, you may be able to input, post, upload and submit information (“User Input”) to the Services, and you may direct the Services to generate and output new content based on your User Input (“User Output”). AvatarCo Inc reserves the right to prevent or remove certain User Inputs or User Outputs in its sole discretion, for example, if they violate these Terms. AvatarCo Inc does not claim any ownership rights in your User Input or User Output, and does not restrict your ability to use User Output for your own purposes (including for commercial purposes), except in the case of termination as specified below, and expressly disclaims any liability arising from your use of any User Output for a commercial purpose. As between us and you, to the extent we acquire any rights in any User Output, we hereby assign to you all right, title and interest in and to such User Output. Your User Input, User Output, and any other information, materials, or content you post, upload, submit, or make available through the Services are collectively referred to herein as “Your Content.” You are responsible for Your Content, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or these Terms.

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AvatarCo Inc does not claim to own any of Your Content and by using the Services and uploading or generating Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify for technical purposes Your Content but solely as required to be able to operate, improve, promote and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

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To the fullest extent permitted by applicable law, AvatarCo Inc reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

Term and Termination

These Terms take effect when you first access the Services and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Services and Outputs and deleting your account, if any, via your account settings. We may terminate your use of the Services immediately and without notice if you violate, or if we reasonably suspect in our sole discretion that you may have violated, the Terms. We may terminate the Terms at any time upon 30 days’ notice to you. Upon AvatarCo Inc ’s termination of the Terms or termination of your use of the Services for any reason, AvatarCo Inc may, but is not obligated to, delete any of Your Content. AvatarCo Inc shall not be responsible for the failure to delete or deletion of Your Content. In addition, if AvatarCo Inc terminates the Terms or your use of the Services because it has found you in violation of these Terms or other applicable use policies, e.g., AvatarCo Inc ’s acceptable use policy, you must cease use of and delete any Outputs and any other materials obtained from the Services in your possession, whether in electronic or printed format. This section and those which by their nature are intended to survive the termination or expiration of the Terms, such as those titled General, Input and Output License, Confidentiality, Exclusions and Limitations, Indemnification, and Dispute Resolution, survive the termination or expiration of the Terms.

Confidentiality

You may receive access to Confidential Information of AvatarCo Inc and other third parties through your use of the Services. You may use Confidential Information only as needed to access or use the Services pursuant to the Terms. You will protect such Confidential Information with reasonable care in a manner at least as protective as you use for your own Confidential Information. If you are required by law or court order to disclose such Confidential Information, you will give reasonable prior written notice to AvatarCo Inc and undertake reasonable efforts to limit the sharing of Confidential Information, including assisting AvatarCo Inc with challenging such a request if possible.

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Information should be treated as “Confidential Information” if it is designated as such by AvatarCo Inc or the third party owner or if it should reasonably be considered confidential under the circumstances. When in doubt, information should be treated as Confidential Information.

Payment

If you wish to purchase any Services made available by AvatarCo Inc (“Payment”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payments; and (ii) the information you supply to us is true, correct, and complete.

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We may employ the use of third-party services for the purpose of facilitating Payment. By submitting your Payment information, you understand that we may share that information with these third parties subject to our Privacy Policy.

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Your Payment is not confirmed until you receive a confirmation email from us or our third-party payment services. In particular, we and third-party services facilitating payments on our behalf, reserve the right to reject your Payment due to product or service unavailability, or if fraud or an unauthorised or illegal transaction is suspected. We also reserve the right to refuse payment, cancel an order, or correct pricing errors or mistakes even if we have already issued an invoice or received Payment. After you complete and we process your Payment, you will receive credits in your AvatarCo Inc account that may be used to generate applicable content pursuant to these Terms and any applicable pricing terms.

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All prices shown by AvatarCo Inc are as a standard denominated in USD. We may change our prices from time to time, and these price increases will be effective 14 days after they are posted to our website. We may determine to show the prices in the currency that AvatarCo Inc determines to be your local currency. You are responsible for paying any applicable taxes for purchases of any Services, which may be determined based on the billing information provided at the time of service.

If you have purchased a subscription-based Service, we will charge your Payment on an agreed-upon periodic basis, and we may reasonably change the date on which the charge is posted. You may cancel the subscription payment from your AvatarCo Inc account. You may also request a refund of a subscription payment within fifteen (15) days of the date of payment, which we may prorate based on the number of credits issued for your subscription payment that you have already used. To request a refund (or partial refund), please contact us by using the on-site messenger or email us at support@superdupe.ai. We will endeavor to issue any refund as soon as possible to the payment method used for the original Payment. We may immediately terminate your use of the Services without notice if you fail to make a Payment.

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We may in our sole discretion provide complimentary credits to you that enable free use of Services. You agree that you have no title or interest in these complementary credits, which are not legal tender, and which AvatarCo Inc may revoke at any time. If you create more than one account or otherwise attempt to fraudulently obtain complementary credits we reserve the right to charge you the purchase price for Services you obtain using the credits or revoke your access to the Services.

Refunds

Payments are nonrefundable except as provided in the Terms. If you make any Payment to AvatarCo Inc , you have the right to request a refund of the Payment without providing a reason at any time within fifteen (15) days of the original date of Payment.We reserve the right to only issue a pro-rated refund which reflects the amount of credits you have used that you received from your Payment before claiming a refund. To request a refund (or partial refund), please contact us by using the in-app messenger or email us at support@superdupe.ai. We will issue any refund to the payment method used for the Payment once it’s approved. Refunds do not apply to Enterprise agreements.

Exclusions and Limitations

The services are provided “as is.” Except to the extent prohibited by law, we and our representatives make no warranties (express, implied, statutory or otherwise) with respect to the services, and disclaim all warranties including, without limitation, to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the services will be uninterrupted, accurate or error-free, or that any content will be secure or not lost or altered.

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We and our representatives will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law.

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AvatarCo Inc takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services.

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You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which AvatarCo Inc will be responsible for.

Revisions and Errors

The Services could include technical, typographical, or photographic errors. AvatarCo Inc does not warrant that the Services are accurate, complete, or current. AvatarCo Inc may make changes to the Services at any time without notice. AvatarCo Inc does not, however, make any commitment to updating the Services.

Redistribution or Republication

Redistribution or republication of any part of the Services is prohibited unless otherwise stated in the Terms, or with the express written consent of the Company.

Third-Party Material in the Services

We do not monitor or review the content of third parties’ websites or services that are linked to or accessible from the Services. Opinions expressed or material appearing on such websites or services are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. You acknowledge and agree that AvatarCo Inc is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third parties’ websites or services. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any materials, products, or services of third parties. Such materials and links to other websites are provided solely as a convenience to you.

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Please be aware that we are not responsible for the privacy practices or content of these sites or services. We encourage our users to be aware when they leave our Services and to read the privacy statements of these sites or services. You should evaluate the security and trustworthiness of any other sites or services you visit. AvatarCo Inc is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your interactions with third party sites or services.

Our Intellectual Property

The Services contain intellectual property owned by AvatarCo Inc and/or our Representatives, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the AvatarCo Inc .com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entirety of the Services is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Services or intellectual property, in whole or in part without our prior written consent, including, without limitation, any and all text, graphics, code, software, video, audio on the Services. We reserve the right to immediately remove you from the Services without notice or refund, or restrict you from access to the Services if you violate this term.

Copyright Complaints

If you believe that your intellectual property rights have been infringed by a user of the Services, please send notice via certified mail to our registered agent at the address below. We may remove content alleged to be infringing and may terminate use of the Services by infringers.

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Support@superdupe.ai Attn: Copyright Complaint

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Written claims concerning copyright infringement must include the following information:

The physical or electronic signature of the copyright owner or an authorized agent;
The identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
The identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material (or the reference or link);
The address, telephone number and e-mail address for the copyright owner or authorized agent;
A statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

Indemnification

You shall indemnify and hold us and our Representatives harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, violation of applicable law, or any use by you of the Services or Outputs thereof. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Force Majeure

We shall not be deemed liable for any failure to perform any obligation in relation to the Services, including arising under these Terms, which is due to an event beyond our control, including but not limited to any act of God, terrorism, war, political insurgency, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which the Party is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms or any agreement relating to the Services. No waiver of any of the provisions of these Terms or any agreement relating to the Services shall be effective unless it is expressly stated to be such in writing and signed by duly authorized representatives of the Company.

Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

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You and AvatarCo Inc agree that you will resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, other than claims brought in small claims court or claims solely for injunctive relief or intellectual property disputes.

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You have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by notifying us in writing within thirty (30) days of the date that you first access the Services. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with AvatarCo Inc through arbitration. If you do not opt out within thirty (30) days of the date you first access the Services, then you accept all terms and conditions of the arbitration and dispute resolution procedures described in the Terms.

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Before initiating a formal action against AvatarCo Inc , including but not limited to a suit or arbitration, you agree to try to resolve the dispute informally by sending AvatarCo Inc notification by certified mail containing your name, a description of the dispute, the relief you seek, and the best method to contact you regarding your dispute. If we are unable to resolve this dispute in the greater of 60 days or such time as we may mutually agree to resolve the dispute, you may bring a formal proceeding. Any statute of limitations will be tolled during such informal efforts.

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The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Proceedings shall be conducted before a single arbitrator selected by mutual agreement of the parties from the AAA National Roster. In the case of face-to-face arbitration proceedings, the proceedings shall be conducted in Los Angeles County, California. Each party is responsible for the party’s own attorneys’ fees and expenses, and AvatarCo Inc will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, or otherwise finds in AvatarCo Inc ’s favor, you agree to reimburse AvatarCo Inc for all fees associated with the arbitration, including without limitation, attorneys’ fees and expenses.

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The arbitrator shall not be permitted to grant injunctive relief (unless the parties mutually agree otherwise) and in any dispute involving monetary and injunctive claims, the monetary claims must be finally resolved in arbitration before seeking injunctive relief in court to the extent permitted by law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

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Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.

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These Terms shall be governed by the laws of the State of California, without regard to choice of law rules or principles. Except where a claim must be brought in arbitration or small claims court under these Terms, or to the extent the requirement to arbitrate is held unenforceable or invalid for any reason, proceedings may be commenced only in a federal or state court located within Los Angeles County, California and you and AvatarCo Inc each consent to the jurisdiction of those courts for such purposes.

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You and AvatarCo Inc also agree that, to the fullest extent permitted by applicable law, any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“class action”). You agree to waive the right to participate as a plaintiff or class member in any class action. You expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and AvatarCo Inc agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a class action.

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You agree that a breach of these Terms will cause irreparable injury to AvatarCo Inc for which monetary damages would not be an adequate remedy and AvatarCo Inc shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

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Written notifications provided under this section should be sent by certified mail to:

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Support@superdupe.ai Attn: Legal Department

Notification of Changes

AvatarCo Inc reserves the right to change these conditions from time to time as it sees fit and your continued use of the Services will signify your acceptance of any adjustment to these Terms. We will make reasonable efforts to notify you such as by email or via in-product notification of any material changes to these Terms, which will go into effect 30 days after we provide such notice. All other changes take effect immediately and may be without notice. You are solely responsible for re-read the Terms on a regular basis for any changes.

Export Controls

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback, whether directly to us or by means of a third-party service, does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of AvatarCo Inc , and AvatarCo Inc may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to AvatarCo Inc any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. To the extent such rights cannot be assigned under applicable law, you hereby waive any moral and author’s rights (including attribution and integrity) that you may have in and to any and all Feedback.