Avatara | Your Parallel World

1. Preface

This TERMS OF USE is an AGREEMENT between:

Avatara.app (“us”, ‘we”, “our”)., And,
You (“user”, ‘member”, “avatar owner”).

By agreeing to this Agreement through your registration or when you decide to use any of our products or services that required your approval to it, then you will be bound by the terms of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement. Your electronic approval on this Agreement considered as your signature on it. Please read these terms of use (“terms of use”, “agreement”) carefully before using Avatara (“platform”, “website”, “service”, “product”, “applications”).

2. Conditions of Use

The Preface above is an integral part of this Agreement.
By using Avatara, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave Avatara accordingly. Avatara only grants use and access of this portal, its products, and its services to those who have accepted its terms.

3. Privacy Policy

Before you continue using our service, we advise you to read our privacy policy here, regarding our user data collection. It will help you better understand our practices.

4. Restrictions & Prohibited Activities

As a User of Avatara, you agree not to:

Circumvent, disable, or otherwise interfere with AI credits, limits, usage, and tokens.
Systematically retrieving data or content from Avatara to create a collection or database without written permission from us.
Trick, defraud, or mislead you or other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of Avatara. This includes features that prevent/restrict the use of any features limits the usage of the platform.
Disparage, tarnish, or otherwise harm, in our opinion, Avatara.
Harass, abuse, or harm another person using any information obtained from Avatara.
Use the support services improperly, or submit false reports of abuse or misconduct.
Use Avatara inconsistently with any applicable laws or regulations.
Framing or linking to Avatara without authorization.
Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use of Avatara and its features.
Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
Delete the copyright or other proprietary rights notice from any content.
Impersonate another user or person or use the username of another user.
Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, pcms, etc.)
Interfere, disrupt, or create an undue burden on Avatara servers, networks and services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Avatara to you.
Bypass measures of Avatara designed to prevent/restrict access.
Copy/adapt Avatara s software (includes Flash, PHP, HTML, JavaScript, or other code).
Decipher, decompile, disassemble, or reverse engineer any of the software that makes up Avatara.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Avatara, or using or launching any unauthorized script or other software.
Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access Avatara, or launch any unauthorized script or software (Unless as a result of a standard search engine or internet browser usage).
Use Avatara in an unauthorized way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses).
Use Avatara in an effort to compete with us, or otherwise use Avatara and/or the content for any revenue-generating endeavor or commercial enterprise.
Use Avatara to promote products and services without using our proper advertisement features.
Start, interact, share or exchange religious, racial, political, ideological or pornographic topics and issues for any reason.
Neglect the covenants, promises, offers and commercial deals that you made in advance to your dealers or those who actually paid you.
Violating the rights of members content and using it in illegal ways for any reason or in any method without a written permission of the content owner.
Collect money to finance suspicious or criminal activities or entities in any way.
Use Avatara to transfer and receive sums of amounts as a cover for money laundering operations in any way.
Exploit women, children, or people with special needs in order to achieve illegal and/or immoral personal or institutional intentions and/or desires in any way.

5. Intellectual Property

You agree that allprovided services, features, products, business model and methods are property of Avatara, its directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, scripts and source codes, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Avatara’s intellectual property in any way, including electronic, digital, or new trademark registrations.

6. User Account

As a user of Avatara, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on Avatara, inform us immediately so we may address it accordingly.

We reserve all rights to terminate accounts, change, modify, and/or remove content and cancel orders in their sole discretion.

7. User Data

You hereby agree that we retain certain data about you that you submit to Avatara for the purpose of managing the performance of the platform, as well as data related to your use of it, in order to improve our members usage experience, as well as to provide you with the best products and services through our advertising partners (third parties). Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have carried out using Avatara. You agree that Avatara is not entirely responsible for the manner in which advertisers (third parties) may use your data for, you also agree that Avatara shall have no liability to you for any financial loss or any kind of damage and/or harm my occur to you for using your data, and you hereby waive any right of action against us arising from any such loss or damage of such data or for your financial loss or damage and/or harm in any way that may occur to you.
We do not share data related to your credit cards, your bank accounts or your accounts on payment gateways with any other parties, unless there is a binding law and enforcement order against you that requires our full cooperation.
We will not keep data related to your credit cards, your bank account or your accounts on payment gateways once you decide to terminate your account on Avatara.

8. Mobile Application Use License

If you access Avatara via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Agreement of this mobile application license contained in these Agreement. You shall not:

Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

9. Apple and Android

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor’) to access our platform:

the license granted to you for Avatara mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Agreement of this mobile application license contained in these Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
You acknowledge and agree that the App Distributors are third-party beneficiaries of the Agreement in this mobile application license contained in these Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Agreement in this mobile application license contained in these Agreement against you as a third-party beneficiary thereof.

10. Social Media

As part of the functionality of Avatara, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

Providing your Third-Party Account login information through Avatara; or
Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that:

We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through Avatara via your account, including without limitation any friend lists.
We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your: Third-Party Accounts may be available on and through your account on Avatara. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through Avatara. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use Avatara. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

You understand and agree that Avatara have all the rights to choose any avatar belonging to our members, by random or strategic bases, and share that content on Avatara’s social media pages.

11. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Avatara (“Submissions”) provided by you to us are non-confidential and shall become our sole property. Avatara shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive your rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. Advertisers

Avatara allow advertisers to display their advertisements and other information in certain areas Avatara, such as home page, header and bottom area of pages, sidebars, and footers, If you are an advertiser, you shall take full responsibility for any advertisements you place on Avatara and any services provided on Avatara or products sold through those advertisements. Further, as an advertiser, you warrant and represent hat you possess all rights and authority to place advertisements on Avatara, including, but not limited to, intellectual property rights, publicity rights, and contractual rights, where we simply provide the space to place such advertisements, and we have no other relationship with advertisers.

As an advertiser you fully understand and agree that Avatara have the right to terminate, suspend, customize, modify, and/or edit your advertisement(s) if we found that it has breached any of our terms, and you understand and agree that there will be no refund or other compensation for such matter.

13. Management, Control, and Penal Procedures

We reserve the right, but not the obligation, to:

Monitor Avatara for violations of this Agreement.
Take appropriate administrative and legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation:

Notifying the violated user.
Temporarily suspend user account on Avatara.
Permanently suspend user account on Avatara.
Reporting such user to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to:

Remove from Avatara.
Disable all files and content that are excessive in size or are in any way burdensome to our systems.
Manage Avatara in a manner designed to protect our rights and property and to facilitate the proper functioning of Avatara.

Although we can help members to create their own accounts, however we confirm the continued effectiveness of this Agreement based on member’s self-approval when he decided to create his own account on Avatara.

14. Cancelation

All paid subscriptions and purchases on “Avatara” and “Avatara Deals” are non-refundable. You can terminate your account at any time by logging into your account. Your cancelation will take effective effect at the end of the current paid item.

15. Legalization

You understand and agree that hereby this Agreement you waive any and all your rights to litigate and/or arbitrate against Avatara and waive any and all defences you may have based on the electronic form of this Agreement, and you agree that you have no right to claim any form of compensation from us.

You understand and agree that you will remain automatically bound by any update and/or change to this Agreement as long as you have an active account/membership on Avatara at the time of the update and/or change of this Agreement.

16. Disputes & Refunds

You agree and understand that the only applicable method to resolve any dispute with Avatara is only through written negotiations between us and you, then you may receive your exact paid amount MINUS the amount(s) of handling, transaction, and/or any other fees charged by our supported payment gateway(s) as a refund not more; only if it have come to our attention that you have provided all the evidences that support your claim, and you agree that you waive any and all your rights to litigate and/or arbitrate against Avatara for resolving any dispute.

17. Payments & Financial Matters

Avatara does not hold paid financial amounts by its own, however we do use a payment gateway(s) to do so; therefore, all amounts you pay and/or you ask to withdraw as profit of yours will go through our supported payment gateway(s); where you understand that we have nothing to do with their own changeable terms and decisions and applied fees, also, you understand and approve to accept any decision made by supported payment gateway(s) even if it is not pleasant for you, and you agree to waive your right to take any legal action against us because of such matter.

When you decide to use the feature of “Withdraw Request” for your profit, or if we are going to refund you back for a certain convincing claim of yours; then you will receive the obtained amount with a deduction of payment gateway fees, as well as our commissions and fees, if any.

18. Our Fees and Payments

We accept the following form of payments:

PayPal.

You may be required to purchase or pay a fee and/or commission to access some of Avatara services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Avatara. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date (if we have activated credit cards payment method), so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges, fees or commissions at the prices then in effect for your purchases, and you authorize Avatara to charge the assigned payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging the payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

Avatara reserves the right to change, update, and/or correct mistakes in pricing, fees and commissions even if we have already requested or received payment. We also reserve the right to refuse any order placed through Avatara.

19. Indemnification

You agree to indemnify Avatara’s against legal claims and demands that may arise from your use or misuse of our services, and to indemnify Avatara against jeopardize our reputation. We reserve the right to select our own legal counsel.

20. Limitation on Liability

Avatara is not liable for any kind of damage(s) that may occur to you as a result of your misuse of our services and/or products.
Avatara reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through our notification system. This Agreement is an understanding between Avatara and the user, and this supersedes and replaces all prior agreements regarding the use of Avatara.
You solely are taking the complete responsibility for any violation for your copyrighted material that you have uploaded, shared, or exchanged on Avatara, and Avatara is not liable for any damages that may occur to you as a result of that.
You alone decide your method of running your own business on our platform, and accordingly Avatara is not responsible for your exposure to any financial or in-kind losses as a result of that, and you are not entitled to claim any form of compensation from Avatara for any reason.
Avatara isn’t responsible for losing your subscribers, clients, or potential customers as a result of the way you manage your business on our platform or the method you follow in communicating with them, and therefore you are solely responsible for that loss.
In the event that our platform is exposed to any kind of electronic piracy or deliberate sabotage intended to deplete the sums of money in our account(s) at the supported payment gateway(s), the financial loss (if any) will be a general case, and Avatara will then be subjected to the investigations of the competent authorities as well as to the management of the supported payment gateway(s) in order to find an effective solution to return the financial amounts to our account(s), only then Avatara will transfer the amounts (or the part that was returned) to the members, and accordingly you agree and understand that Avatara is not responsible and not obligated to compensate you in any way for your loss.
You agree and understand that Avatara do not, in any way or for any reason, directly keep, save or hold any financial amounts paid by members, however we are giving such responsibility to our supported payment gateway(s) with applying its commissions or fees which are subject to change according to their own policies, therefore in the event that you have applied for profit withdraw or managed to receive financially refund, then fees imposed by supported payment gateway(s) plus Avatara’s fees and commissions (if any) will be deducted from the amount that’d be paid to you, and therefore you are not entitled to request Avatara for exact amount without the explained deductions.
You agree that Avatara is not obligated to compensate you for the loss of your paid or earned amounts in the event that our supported payment gateway(s) is/are exposed to any technical, operational or administrative defect, etc.
Avatara is not obligated to compensate you for the loss of your paid or earned amounts in the event that our supported payment gateway(s) is/are limited, hold or terminated their operations at your region/country for any reason.
Avatara is not obligated to compensate you for the change of the value of the amounts that you have been expected as paid or earned amounts in the event that we have cooperated with another payment gateway, or if the current supported gateway(s) have decided to changed their value of fees or commissions, which subsequently willaffect the value of Avatara’s applicable fees and commissions.
If Avatara decided to make a financial refund for you as a resolve for certain dispute, then Avatara is not liable to pay or refund more than the exact amount you have paid not more MINUS the amount(s) of handling, transaction, and/or any other fees charged by our supported payment gateway(s) as a refund not more; only if it have come to our attention that you have provided all the arguments that support your claim.
As avatar owner, you totally understand that you solely take the full responsibility of not be committed with the type of exclusive deal that you have chosen to provide for others, and you solely take the full legal, financial and moral penalties for your non-compliance.
You understand and agree that you, the user of Avatara solely responsible for your dealings with one of the avatar owners on our platform, and that Avatara is not obligated to compensate you in any way in the event that you’ve exposed to financial loss or any kind of damage.
You understand and agree that you, the user of Avatara solely responsible for your interaction with any published advertisement on our platform, and that Avatara is not obligated to compensate you in any way in the event that you’ve exposed to financial loss or any kind of damage.
You solely take full legal, financial and moral responsibility for breaching Restrictions & Prohibited Activities terms, and Avatara is not liable to resolve breaching this Agreement in any way or for any reason.
Avatara shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
You agree that Avatara shall have no liability to you for any financial loss or any kind of damage and/or harm my occur to you for providing your personal and/or financial data on Avatara, and you hereby waive any right of legal action against us arising from any such loss or damage of such data or for your financial loss or damage and/or harm in any way that may occur to you.
If you are potential AI Avatar owner, and if we have communicated with you to setup and launch your own AI Avatar, then we might ask you to fill up a “Personal Information” form, and upon your answers we are going to study and understand your personal character, history, professionality and achievements, etc., where you understand that we will use such information to setup and train your own AI Avatar (a dedicated AI chatbot that plays your role), and you agree that you have filled-up this form of your own free will.
While we are trying to train or AI Avatars in the way it can imitate actual characteristic and personality, history, and achievement(s) of the imitated member (AI Avatar owner), and since we depend on OpenAI corporation’s services to power our AI feature; you understand that we have limited We have a limited capability to train the AI Avatar and that AI Avatar derives its information from OpenAI almost entirely, and that we do not have the ability to interfere in allocating what the AI Avatar can present in terms of information, answers, dissertations, etc., and accordingly you, as an AI Avatar owner, agree that Avatara have no liability to you for any what you may think is an offense or damage to your reputation, history, person, personality, position, social appearance, lifestyle, personal prestige, occupation, work, personal life, family life and family members, or financial situation, and you fully agree that you hereby waive any right of legal action against us, and you do not have the right to claim any compensation for such matter.
Avatara is not liable for any kind of damage(s), waste of money, effort and/or time that may occur to you as a result of your participation with full desire to our program “The Challenger”, and you understand and agree that you have no right under any reason for claiming compensation form us.
You understand and agree that Avatara owns the right of the idea of AI Avatars (A dedicated chatbot for professionals and experts, that is imitating and simulating its owner by playing the role of his character, lifestyle, history, profession and achievements), and you have no right to setup, launch, build and/or create similar chatbot operated by you nor by another party, and you understand and agree that Avatara have the only right to operate such chatbot of yours, therefore you understand and agree have all the right to take legal action against you and claim compensation if you have breached this agreement.
We do not make any promises or obligations toward your participation in The Challenger program, however, we are committed to transferring the financial prize to the winners who were able to accomplish the required tasks of the competition shown on The Challenger page, taking into account all the terms or use in this agreement.
You understand that “Avatara Partners” program is an affiliate program provided by Avatara, and we have the right to change, update, add and remove any of its elements, also; we have the right to change and update given commission at any time.
We do not make any promises or obligations toward your participation Avatara Partners program, however, we are committed to transferring the financial earnings to the beneficiary who was able to fulfil required tasks shown on Avatara Partners page, taking into account all the terms or use in this agreement.

21. Disclaimer

You fully understand and agree that Avatara is provided on an as-is and as-available basis. you agree that your use of Avatara and our services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Avatara and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of Avatara’s content or the content of any websites and software linked to Avatara and we will assume no liability or responsibility for any:

Errors, mistakes, and/or technical failures.
Inaccuracies of content and materials.
Personal injury, financial loss or property damage, of any nature, whatsoever, resulting from your access to and use of Avatara.
Any unauthorized access, to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Any interruption or cessation of transmission to or from Avatara.
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through Avatara by any third party.
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, published, demonstrated, transmitted, or otherwise made available via Avatara. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Avatara, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

22. Conclusion

You understand and agree that hereby this Agreement you waive any and all your rights to litigate and arbitrate against us, and waive any and all defenses you may have based on the electronic form of this Agreement. Your electronic approval on this Agreement considered as your signature and absolute approval on it. We reserve the right to change the terms of this Agreement any time, and you understand and agree that your approval on the terms of this current Agreement shall be deemed valid even if the terms of this Agreement are changed or updated in the future.

23. Contact

For more information, you may contact us via: contact@avatara.app

Avatara Team,

Last update in: 3 November 2023.