Welcome, and thank you for using AVATRIX, a platform for generating images and videos with artificial intelligence.
These Terms of Use govern access to and use of the website, systems, applications, APIs, content and services offered by AVATRIX ("Platform", "Service", "AVATRIX", "we").
By accessing or using the Platform, you confirm that you have read, understood and fully agree to these Terms.
If you do not agree, do not use the Platform.
1. Definitions
- User: an individual or legal entity that uses the Platform.
- Account: the User's individual registration.
- User Content: text, prompts, images, videos, references or any other data submitted to the Platform.
- Input: information provided by the User to generate content.
- Output: images, videos or other content generated by the AI.
- Credits: prepaid digital units used to generate content.
- Service: image and video generation features and related resources.
2. Acceptance and Legal Capacity
By using AVATRIX, the User declares that they:
- Are 18 years of age or older, or have legal capacity under Brazilian law;
- Have the authority to enter into contracts when acting on behalf of a company;
- Will use the Platform in accordance with applicable law.
3. Scope of the Service
AVATRIX offers a platform for the automated generation of images and videos with artificial intelligence, based on inputs provided by the User, which may include experimental features, APIs and constantly evolving functionality.
The Service is provided "as is".
4. Registration and Account
- The User must provide true, complete and up-to-date information.
- Each User may keep only one active Account.
- The Account is personal and non-transferable.
AVATRIX may suspend or terminate accounts in the event of:
- False information;
- Breach of these Terms;
- Improper, abusive or unlawful use of the Platform.
5. Credits, Payments and Subscriptions
5.1. Credits
- Credits are prepaid, non-refundable and have no monetary value.
- Credits expire if the Account is canceled.
- Credits are non-transferable.
5.2. Payments
- Payments are processed by third-party providers (payment gateways).
- AVATRIX does not store card data.
5.3. Refunds
- Under the Brazilian Consumer Protection Code (CDC), the User may request a refund within 7 days, provided no credits have been used.
- Credits are non-refundable, as they correspond to costs already incurred by the Platform.
6. Intellectual Property
6.1. Platform
All software, layout, trademarks, code, design and technology belong to AVATRIX or its licensors.
6.2. User Content
The User retains ownership of their Inputs and Outputs.
6.3. License to Operate
By using the Platform, the User grants AVATRIX a free, irrevocable, worldwide, non-exclusive license to:
- Process Inputs;
- Generate Outputs;
- Use Inputs and Outputs for training, improvement, moderation, security and marketing of the Platform, including AI models.
7. Use of Artificial Intelligence
The User acknowledges that:
- Outputs may contain inaccuracies, errors or similarities to existing content;
- AVATRIX does not guarantee the exclusivity, absolute originality or legal suitability of Outputs.
The User is fully responsible for the commercial, legal and ethical use of Outputs.
8. Prohibited Conduct
The Platform may not be used for:
- Illegal, fraudulent or misleading content;
- Nudity, pornography, sexual exploitation or extreme violence;
- Content involving minors;
- Infringement of copyright, image rights, trademarks or privacy;
- Reverse engineering, scraping or exploitation of the API;
- Training or developing competing AI using AVATRIX Outputs.
9. Moderation and Suspension
AVATRIX may, without prior notice:
- Remove content;
- Block Outputs;
- Suspend or terminate accounts;
- Cooperate with legal authorities.
10. Limitation of Liability
AVATRIX is not liable for:
- Financial losses;
- Misuse of Outputs;
- Indirect damages, lost profits or loss of data;
- Decisions made based on AI-generated content.
To the maximum extent permitted by law, AVATRIX's total liability will not exceed the amount paid by the User in the last 3 months.
11. Indemnification
The User agrees to indemnify AVATRIX for any damages, losses or claims arising from:
- Misuse of the Platform;
- Breach of these Terms;
- Content generated or used by the User.
12. Privacy and LGPD
Personal data is processed in accordance with Brazil's General Data Protection Law (LGPD, Law No. 13,709/2018), as described in the Privacy Policy of AVATRIX.
13. Termination
AVATRIX may terminate or suspend the Service at any time.
The User may close their Account at any time, understanding that unused credits will be lost.
14. Changes to the Terms
AVATRIX may change these Terms at any time.
Continued use of the Platform means acceptance of the new versions.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil.
The courts of the consumer's place of residence shall have jurisdiction, as provided by the Brazilian Consumer Protection Code.
16. Contact
[email protected]