Terms of Use
Our Terms of Use were last updated on April 09, 2025.
These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service. Please read these terms and conditions carefully before using Our Service.
These Terms of Use (hereinafter referred to as the "Terms") are governed by the online shop (hereinafter referred to as the "Service") provided by AI AVATAR Pte. Ltd. (hereinafter referred to as the "Our Company"). All registered Users (hereinafter referred to as "Users") shall use this service in accordance with these Terms.
Article 1 (Application)
This Terms of Use document is applicable to all relationships arising from the use of our services between the Users and Our Company.In addition to these Terms of Use, the Company may establish various provisions, hereinafter referred to as "individual provisions," pertaining to the use of this service. These individual provisions, regardless of their specific designation, shall constitute an integral part of these Terms.In the event of any conflict between the provisions of these Terms and the individual provisions mentioned above, the provisions of the individual provisions shall prevail unless otherwise specified in the said individual provisions.
Article 2 (Registration)
2.1. Application for Use Registration
In order to access and utilize our services, the registration applicant acknowledges and agrees to the terms set forth in this Terms of Use. The applicant shall proceed with the user registration application in accordance with the method prescribed by Our Company. Upon receipt of the application, Our Company will review it and notify the applicant of the approval, upon which the registration process will be deemed complete.
2.2. Approval and Discretionary Non-Approval
In cases where the applicant falls under any of the following circumstances, the Company may choose not to approve the application without being obligated to disclose the specific reason:
a) Submission of False Information: If false or inaccurate information is provided during the user registration application process.
b) Violation of Terms: If the applicant has previously violated any provisions within these Terms of Use.
c) Inappropriate Use Registration: If the Company determines that the use registration is not suitable or appropriate for any reason, based on its sole discretion.
Article 3 (User ID and Password Management)
3.1. User Responsibility & Account Security
Users are responsible for maintaining the confidentiality of their user IDs, passwords, and any authentication credentials (including single-sign-on tokens). Users must not transfer, lend, sell, share, or otherwise allow any third party to use their account or credentials.
Users must take reasonable measures to protect their account and information, including: using strong passwords, enabling device/app security features where available, keeping devices secure, logging out of shared devices, and promptly updating passwords if compromise is suspected.
3.2. Protection of Personal Information (Your Data and Others’ Data)
When using the Service, Users must take reasonable measures to protect (i) their own personal information and (ii) any personal information relating to third parties that Users upload, input, or otherwise process using the Service.
3.3. Incident Reporting
If Users know or reasonably suspect that credentials have been compromised, or that unauthorized access, disclosure, loss, or misuse of data has occurred, Users must notify the Company without undue delay via [email protected] and provide available details (time, affected account, what happened, and steps taken).
3.4. Company’sLimited Liability
Unless intentionally or grossly negligent, the Company shall not be held liable for damages caused by unauthorized use of user IDs and passwords by third parties.
Article 4 (Sales Contract)
4.1. Conclusion of Sales Contract
In this service, a sales contract shall be concluded when the users apply for purchase to Our Company and Our Company notifies that the application has been accepted. In addition, the ownership of the product shall be transferred to the users when Our Company completes the payment confirmation.
4.2 Company's Right to Cancel
The Company reserves the right to cancel the sales contract without prior notice to the users in the following cases:
a) Violation of Terms: If the users violate any provisions stated in these Terms of Use.
b) Delivery Difficulties: If the delivery of the product cannot be completed due to an unknown delivery address or the recipient's prolonged absence.
c) Damaged Trust: If it is determined that the trust relationship between the Company and the user has been compromised.
The payment method, purchase application cancellation process, return method, and other relevant procedures for this service will be determined separately by Our Company. Users are advised to refer to the specific guidelines provided by Our Company for further details on these matters.
Article 5 (Intellectual Property Rights for AI AVATAR Marketplace)
5.1 Ownership of Content
The copyright and other intellectual property rights pertaining to product photos and other content provided by this service (hereinafter referred to as "Content") belong to legitimate right holders, including Our Company and content providers.
5.2 Prohibited Actions
Users are strictly prohibited from engaging in unauthorized duplication, reprinting, modification, or any other form of secondary use of Content without the explicit consent of the rightful owners.
5.3 Compliance with Intellectual Property Laws
Users are expected to comply with all applicable intellectual property laws and regulations governing the use of the Content. Any infringement of intellectual property rights may result in legal consequences.
The Company emphasizes the importance of respecting intellectual property rights and encourages users to seek appropriate permissions or licenses for the use of any copyrighted materials. It is the responsibility of users to ensure that their actions do not violate any intellectual property rights.
Article 6 (Prohibitions)
When utilizing this service, users are strictly prohibited from engaging in the following actions:
a) Violation of Laws and Public Order: Actions that violate laws, regulations, or public order and morals.
b) Criminal Activity: Actions directly or indirectly related to criminal activity.
c) Infringement of Intellectual Property Rights: Actions that infringe upon copyrights, trademark rights, or any other intellectual property rights associated with the Service.
d) Server or Network Interference: Actions that aim to destroy or interfere with the functioning of our servers or network.
e) Commercial Use of Service Information: Actions that involve the commercial use of information obtained from this service without proper authorization.
f) Disruption of Company Services: Actions that may disrupt or interfere with the operation and provision of services by the Company.
g) Unauthorized Access: Actions of unauthorized access to the service or any attempts to do so.
h) Collection of Personal Information: Actions of collecting or accumulating personal information or any other data related to other users without proper authorization.
i) Impersonation: Actions of impersonating another user or entity.
j) Support of Antisocial Forces: Actions of directly or indirectly providing benefits or support to antisocial forces in relation to our services.
k) Other Inappropriate Actions: Actions deemed inappropriate by the Company, based on its sole discretion.
Article 7 (Custom Avatar Function)
7.1 User Content Responsibility:
Users are solely responsible for the content of the images they upload or generate using prompts for the custom avatar function. Users warrant that they own or have the necessary rights and permissions to use and upload such images.
7.2 Prohibited Content:
Users are prohibited from uploading or generating images that are
Illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.Infringing upon any intellectual property rights, including copyrights or trademarks. Containing nudity, violence, or any other content that may be deemed inappropriate or offensive. Designed to impersonate another person or entity.
7.3 Company's Right to Remove Content:
The Company reserves the right to remove any user-uploaded or generated content that violates these Terms of Use or that the Company deems inappropriate, without prior notice.
7.4 Usage Grant:
By uploading or generating images for the custom avatar function, users grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the images within the Service for the purpose of providing the custom avatar functionality.
7.5 Limitation of Liability
The Company shall not be held liable for any content uploaded or generated by users for the custom avatar function, nor for any consequences resulting from its use. Users acknowledge that they use this feature at their own risk.
7.6 AI Generated Content:
Users understand that content generated by prompt may have errors, and may not reflect the Users’ exact intent. The company is not liable for any generated content. Users are responsible for verifying the generated content. Users may not use generated content that violates these terms of use.
The Company does not guarantee accuracy, but will take reasonable measures to address reported issues.
7.7 Third-Party Data (Images, Voice, Video, Face Data, and Other Personal Information)
If Users upload, record, generate, or otherwise provide content that includes another person’spersonal information (including their image, voice, video, face, or other identifiable attributes), Users represent and warrant that they have a lawful basis and all necessary rights and permissions (including, where required, the individual’s consent) toprovide such data to the Company and to process it using the Service.
Users must not use the Service to process third-party data in a way that violates privacy rights, publicity rights, data protection laws, or other applicable laws.
7.8 YouTube Links andThird-Party Account Information
If Users choose to link a YouTube channel or provide third-party account identifiers, Users represent and warrant that (i) they are the rightful account holder or are authorized to share such information, and (ii) sharing the link does not violate any third-party terms or privacy rights.
7.9 Indemnity (Third-Party Data)
Users agree to defend, indemnify, and hold harmless the Company from claims, damages, and costs arising out of Users’ breach of Sections 7.7–7.8, including claims by third parties whose data was uploaded or processed without proper authorization.
Article 8 (Suspension of Provision of the Service, etc.)
8.1 Suspension of Service Provision
In the event that Our Company determines the existence of any of the following reasons, it may suspend or interrupt the provision of all or part of the Service without prior notice to users:
a) Maintenance and System Updates: When performing maintenance inspections or updating the computer system related to this service.
b) Force Majeure Events: If it becomes difficult to provide the Service due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or natural disasters.
c) Accidental Interruptions: If a computer, communication line, or other relevant infrastructure experiences a stoppage due to an unforeseen accident.
d) Determination of Difficulty: Additionally, when Our Company determines that it is difficult to provide this service for any other reason.
8.2 Limitation of Liability
Our Company shall not be held liable for any disadvantages or damages incurred by users or third parties as a result of the suspension or interruption of the Service, regardless of the underlying reason.
Article 9 (Use Restrictions and Cancellation of Registration)
9.1 Use Restrictions
In the following cases, the Company may, without prior notice, impose restrictions on the use of all or part of the Service by users or cancel the user's registration:
a) Violation of Terms: In the event of a violation of any provision stated in these Terms of Use.
b) False Information: If it is discovered that false information has been provided in the registered items.
c) Suspended Payment Method: If the credit card reported by the user as a payment method is suspended.
d) Payment Default: If there is a default in fulfilling payment obligations, such as outstanding charges.
e) Lack of Response: If there is no response within a specified period of time to communication attempts from Our Company.
f) Inactivity: If the Service has not been utilized for a certain period of time since the user's last use.
g) Inappropriate Use: If the Company determines that the use of this Service by the user is not appropriate.
9.2 Limitation of Liability
Our Company shall not be held liable for any damages incurred by users as a result of the actions taken by Our Company under this section.
Our Company exercises these measures to ensure the integrity, security, and proper functioning of the Service, as well as to uphold the terms and conditions agreed upon by Users.
Article 10 (Withdrawal)
10.1 User Withdrawal
Users have the right to withdraw from the Service at any time by following the procedures prescribed by Our Company.
10.2. Withdrawal Procedure
The Company will provide clear and accessible procedures for users to initiate their withdrawal from the Service. Users are encouraged to review and follow these procedures to ensure a smooth and successful withdrawal.
10.3. Consequences of Withdrawal
Upon the user's withdrawal from the Service, their access and privileges associated with the Service will be terminated. Any remaining account balances, credits, or benefits may be forfeited in accordance with the applicable terms and conditions.
Article 11 (Warranty Disclaimer and Disclaimer)
11.1 Warranty Disclaimer
Our Company does not provide any warranties, either expressed or implied, regarding the Service. Our Company does not guarantee the absence of any actual or legal defects, including but not limited to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security defects, errors, bugs, or infringement of rights.
We are not responsible for any errors or omissions in any content, nor for the availability or functionality of any content. We will not be liable for any losses, injuries, or damages from the use of any content found on AI AVATAR, or from any information, products, or services provided by any third-party sources. We are merely a platform for users to share information and connect with one another. AI AVATAR does not regularly monitor or update the accuracy or reliability of the User Content.
11.2 Limitation of Liability
To the maximum extent permitted by applicable law, Our Company shall not be held liable for any damages incurred by Users in connection with the use of the Service. However, if the contract between Our Company and Users regarding this service qualifies as a consumer contract under the Consumer Contract Act, this exemption provision shall not apply.
Furthermore, the Company shall not be held liable for damages arising from special circumstances that were not reasonably foreseeable by Our Company or the User, nor for indirect or consequential damages, as well as damages resulting from default or tort due to Our Company's negligence (excluding willful misconduct or gross negligence).
11.3 User-to-User or User-to-Third-Party Interactions
The Company shall not be responsible for any transactions, communications, disputes, or other interactions that may arise between users or between users and third parties in relation to the Service.
Users are solely responsible for their interactions and transactions with others, and the Company disclaims any liability in this regard.
Article 12 (Change of Service Contents, etc.)
Our Company may change the content of the Service or discontinue the provision of the Service without notifying the Users, and shall not be liable for any damages incurred by the Users as a result.
Article 13 (Changes to the Terms of Use )
Our Company may modify these Terms from time to time. If changes are material, we will provide notice through reasonable means (such as in-app notice, website posting, or email where available) before or at the time the changes become effective.
By continuing to use the Service after the effective date of the updated Terms, Users are deemed to have agreed to the updated Terms.
Article 14 (Handling of personal information)
Our Company shall properly handle personal information acquired through the use of this service in accordance with Our Company's "Privacy Policy".
Article 14A (Data Protection and Privacy)
14A.1 Compliance CommitmentThe Company is committed to complying with applicable data protection laws and regulations, including (where applicable) the GDPR and Vietnam Decree 13/2023/ND-CP, as well as other related privacy and data protection laws.
14A.2 Users’ Responsibilities When Providing DataUsers must ensure that any information, content, or data they provide through the Service (including images, audio, voice, video, face data, or other personal information) is provided lawfully. In particular, Users must not provide third-party personal data unless they have the necessary legal rights and, where required, the individual’s consent (see Article 7.7).
14A.3 Reminder of Data Subject Rights and ContactDepending on jurisdiction, Users may have rights including access, rectification, erasure, restriction, portability, and objection. Under GDPR, controllers generally respond to rights requests within one month (with possible extension in certain cases).Under Decree 13, certain rights (e.g., restriction) must be implemented within 72 hours unless otherwise provided by law.
To exercise rights or ask privacy questions, contact: [email protected].
14A.4 Reporting Privacy Violations and Security IncidentsIf a User believes (i) their data has been misused, (ii) a privacy violation has occurred, or (iii) there is a security incident relating to the Service (e.g., suspected unauthorized access), they should report it promptly via [email protected] with relevant details (account ID, timeframe, and description)
The Company willinvestigate and take appropriate measures consistent with applicable law and the Privacy Policy
Article 14B (Wallet Service and Digital Assets) —NEW
14B.1 Wallet Display and Nature of Balances If the Service provides a wallet feature or displays digital asset amounts, such display may represent (i) an on-platform balance/ledger entry and/or (ii) an amount you may request to withdraw to an external blockchain wallet, subject to these Terms and applicable law.
14B.2 Ownership / Entitlement Except where prohibited by applicable law or otherwise stated in specific feature terms, digital assets credited to your wallet display are intended to represent your entitlement to request withdrawal or delivery of such assets. The Company may use operational arrangements (including pooled wallets or third-party providers) to facilitate withdrawals.
14B.3 External Wallet Security and Transfers When withdrawing to an external wallet, Users are solely responsible for:
the accuracy of the destination address,maintainingcontrol of private keys/seed phrases,complying with applicable laws and third-party wallet/provider terms.
Blockchain transfers are generally irreversible. The Company is not responsible for losses caused by incorrect addresses, compromised wallets, orUsers mishandling of private keys.
14B.4 Regulatory / Availability Disclaimer Wallet services may be restricted or unavailable in certain jurisdictions and may be modified to comply with law. This section is informational and does not constitute financial, investment, or legal advice.
Article 15 (Notification or Contact)
Notifications or Contact between the Users and Our Company shall be made by the method specified by Our Company. Unless Users notify us of a change according to a method determined separately by us, we will assume that the currently registered contact address is valid and send notices or communications to that address, which will be deemed to have reached the users at the time they are sent.
Article 16 (Prohibition of Transfer of Rights and Obligations)
Users are prohibited from transferring or pledging their status under the Terms of Use, as well as their rights or obligations under these Terms, to any third party without the prior written consent of Our Company
Article 17 (Governing Law/Jurisdiction)
17.1 Governing Law
The interpretation of these Terms shall be governed by the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be expressly excluded in relation to this service.
17.2 Jurisdiction
In the event of a dispute arising from or related to this service, the exclusive jurisdictional court shall be the court with jurisdiction over the location of our head office.
17.3 Consumer Protection
Nothing in these Terms limits any consumer protection rights that may apply under applicable local law.
<Notice for Japanese resident>
We do not keep the cryptocurrencies of customers who are residents of Japan through the wallet service provided by AI AVATAR. Cryptocurrencies displayed in this wallet are an indication of the assets that the customer may receive at the time of withdrawal to an external blockchain wallet managed by the user (private keys controlled by the user).
Cryptocurrencies become the property of the user atthe time of successful withdrawal to the user’s external wallet. Users are responsible for external wallet security and ensuring the withdrawal address is correct.
Contact Us
If you have any questions about these Terms of Use, you can contact us:
- By visiting this page on our website: aiavatar-help.zendesk.com
- By sending us an email: [email protected]