Terms of Service - Avtar Inc.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

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1. ACCEPTANCE OF TERMS

By accessing or using the services provided by Avtar Inc. (the "Company," "we," "us," or "our"), including our API, web interface, mobile applications, and cloud infrastructure (the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Use and our general Privacy Policy (available at www.AvtarGroup.ai/privacy.html). If you do not agree to all these terms, do not access or use the app. Your continued use of the app constitutes your acceptance of these Terms.

2. THE SERVICE & AI DISCLAIMER

The Avtar app provides a personal AI assistant utilizing machine learning model and artificial intelligence to provide personalized experiences based on your interactions and, with your explicit consent, non-biometric data. This includes, but is not limited to, specifically like personalized recommendations, automated tasks, contextual responses, and biometric enabled features.

• Accuracy Disclaimer: AI-generated outputs ("Output") are probabilistic and subject to limitations. We do not guarantee the accuracy, completeness, reliability, or safety of any Output. You are solely responsible for verifying the Output and its suitability for your specific use case.
• Experimental Nature: You acknowledge that the app is evolving, may be subject to errors or unexpected behavior ("hallucinations"), and may produce biased results. We are continuously working to improve the app but cannot guarantee a flawless experience.

3. USER CONTENT & PROMPTS (INCLUDING NON-BIOMETRIC DATA)

• Input Data: You retain ownership of all data, text, images, audio, and biometric information (collectively "Input") you upload, transmit, or otherwise provide to the Service.
• License to Avtar: You grant Avtar a worldwide, non-exclusive, royalty-free license to host, store, process, and analyze your Input (including non-biometric data as consented to) solely to provide, improve, and personalize the app to you. This license includes the right to create derivative works based on your Input for the purpose of delivering the app.

4. OUTPUT OWNERSHIP

To the extent permitted by applicable law, Avtar hereby assigns to you all its rights, title, and interest in and to the Output generated by the app based on your Input. You are responsible for ensuring that the Output does not infringe upon third-party intellectual property rights and for complying with all applicable laws regarding its use.

5. PROHIBITED USES (ACCEPTABLE USE POLICY)

You agree not to use the Service:

• To develop, create, or disseminate "Deepfakes" or non-consensual synthetic media.
• In any way that violates the Biometric Information Privacy Act (BIPA), other applicable biometric laws, or any privacy laws.
• To reverse-engineer the Service's underlying architecture, attempt to extract the parameters ("Weights") of our AI models, or circumvent any security measures.
• For automated decision-making that has legal or similarly significant effects (e.g., credit scoring, employment screening, healthcare diagnosis) unless specifically authorized in writing by the Company.
• For any unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable purpose.
• To create or transmit spam, malware, or other malicious code.

6. FEES AND PAYMENT

Users agree to pay all fees associated with their chosen subscription tier or API usage. Fees are non-refundable except as required by law. We reserve the right to suspend or terminate access to the Service for non-payment. We may offer free trials, which are subject to termination at our discretion.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVTAR INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF BUSINESS, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING ANY ERRORS OR OMISSIONS IN THE OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

8. INDEMNIFICATION

You agree to indemnify and hold harmless Avtar, its affiliates, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from (i) your Input, (ii) your use of the Output, (iii) your violation of these Terms, or (iv) any claims related to your non- biometric data arising from your misuse of the app.

9. TERMINATION

We reserve the right to terminate or suspend your access to the app immediately, without prior notice, for any reason, including conduct that we believe violates these Terms, is harmful to other users, or threatens the integrity of the app. You may terminate your account at any time. Upon termination, your access to the app will be revoked, and we may delete your data (subject to our Privacy Policy).

10. GOVERNING LAW & ARBITRATION

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the app shall be resolved through final and binding arbitration administered by Judicial Arbitration and Mediation (JAMS), American Arbitration Association (AAA) in Dallas, TX in accordance with the applicable rules of the arbitration provider. YOU AGREE THAT YOU WILL NOT PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION. You waive any right to pursue a claim in a representative capacity.

11. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avtar Inc. regarding your use of the app.

12. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: info@AvtarGroup.ai