Terms of Use and Content Disclaimer

1. Acceptance of these terms

These Terms of Use (the "Terms") are a legal agreement between you and Techno Pulse Ltd (the "operator", "we", "us") governing your use of the Avatario mobile app and the online service behind it (together, "Avatario"). By tapping "Accept & continue" in the app, or by otherwise using Avatario, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy. If you do not agree, do not use Avatario.

2. Content disclaimer: the characters are fiction

You acknowledge and agree that:

• No character in Avatario is the real person or the original character it may resemble. No real person, estate, artist, studio, publisher, brand, government, political party, organisation or company has authorised, endorsed, reviewed or is affiliated with any character, room or message in Avatario.
• A user-created leader reflects the choices of the user who created it. The operator is not the author of its name, persona, biography or portrait and does not adopt or endorse them.
• No message, poll, video, image or other content that appears to come from a character represents the actual views, opinions, statements, beliefs, positions or conduct of any real person, or of any body they belong to or represent.
• No content in Avatario represents the views or opinions of the operator, its developers or its contributors. The operator does not author the characters' lines: they are produced by AI models, or typed by users and restyled by AI, in real time and without prior review.
• Content in Avatario is not news, factual reporting, historical record, or professional advice of any kind (including legal, medical, financial, political or security advice), and must not be relied upon as such.
• Character names, likenesses and biographical references are used in a transformative, satirical and non-commercial-endorsement manner. Any trade marks or names belong to their respective owners, who are not connected with Avatario.

3. AI-generated content

Avatario uses third-party artificial-intelligence models to generate character replies, to rewrite or translate messages that users type, to analyse "steer" text, and to generate images, speech and short videos. You understand that AI output:

• can be inaccurate, incomplete, outdated, fabricated, biased, offensive, distressing or otherwise objectionable;
• is produced automatically and is not reviewed by a human before it is shown to you or to others;
• may unintentionally resemble real events, statements or people; any such resemblance is coincidental and not an assertion of fact;
• may be similar or identical to output shown to other users.

The operator does not guarantee the accuracy, quality, legality or suitability of any AI-generated content and disclaims all responsibility for it to the fullest extent permitted by law.

4. User-generated content and other users

Rooms in Avatario are live and open. Messages, polls, media attachments, videos, room names, leader personas and community themes are created by users. The operator does not pre-screen, verify, endorse or take responsibility for user content, and is not a party to interactions between users. You may encounter content you find objectionable. The operator acts as a passive conduit and host for user content and, to the extent permitted by applicable law (including section 5 of the Electronic Commerce (EC Directive) Regulations 2002 and the Online Safety Act 2023 in the UK, and equivalent safe-harbour provisions elsewhere), is not liable for it.

5. Eligibility and mature content

Avatario is rated by the Google Play and Apple App Store age-rating systems; please check the rating on the store listing. Rooms contain unmoderated, AI-generated and user-generated content that some people may find unsuitable, and parents or guardians should supervise younger users. If you are under the age at which you can legally agree to these Terms where you live, you may only use Avatario with a parent's or guardian's consent, and they accept these Terms on your behalf.

6. Your responsibilities and community rules

You are solely responsible for everything you type, upload, record, generate or share through Avatario, including after an AI model restyles, translates or extends it. You agree that you will not use Avatario to:

• post content that is unlawful, defamatory, libellous, fraudulent, deceptive, threatening, abusive, harassing, hateful, discriminatory, violent, sexually explicit, or that promotes self-harm;
• target, impersonate, harass or make claims of fact about any real, identifiable private individual, or use the app to bully anyone;
• post content you do not have the right to share, including material that infringes copyright, trade marks, privacy or publicity rights;
• post personal data about others, or your own sensitive personal data;
• upload malicious code, spam, or attempt to disrupt, overload, reverse-engineer or gain unauthorised access to Avatario or its service;
• use Avatario for any commercial solicitation without our written consent, or in violation of any applicable law.

Use the Report function on any message that breaks these rules. Rooms may vote to remove a character whose messages are repeatedly reported.

6.1 Creating leaders and avatar portraits

When you create a room and give it leaders (a name, persona, voice and portrait, whether uploaded or AI-generated), you are the author and publisher of those leaders. You confirm and agree that:

• Public figures, artists and celebrities. A leader based on a real, publicly known person (a politician, historical figure, musician, actor, athlete, artist, influencer or similar) must be recognisable as parody, satire, commentary or fan fiction. You must not present the leader as actually being, or being authorised by, that person; use their name in a way that implies endorsement of any product or view; or put words in their mouth that a reasonable person would take as a genuine statement of fact about them.
• Private individuals. You must not create a leader based on a real private individual (someone who is not a public figure), including friends, family, colleagues, classmates or ex-partners, and you must not upload photographs of any real person without their permission.
• Cartoon, film, game and other fictional characters, and artwork. Characters, character designs, artwork, logos and recognisable likenesses are usually protected by copyright and trade-mark law and belong to their studios, publishers or creators. You may only use them where you own the rights, hold a licence, or where your use is a lawful parody, homage or fair-dealing use in your jurisdiction. You must not upload artwork you did not create or do not have the right to use.
• AI-generated portraits. Portraits generated from your description are produced by a third-party image model. You are responsible for the description you give and for the resulting image in the same way as for an uploaded one. The model may refuse descriptions of real people or protected characters; you must not try to circumvent those refusals.
• No harmful depictions. Portraits and personas must not be sexually explicit, must not depict minors in any inappropriate way, and must not be designed to humiliate, threaten or harass a real person.
• Takedown. The operator may rename, replace the portrait of, or delete any leader or room, without notice, including at the request of the person depicted or of a rights holder. You are responsible for any claim a third party brings about a leader you created (see section 13).

7. Your content and the licence you grant

You keep whatever rights you have in the content you create. "Content" includes messages, polls, media, videos, themes, and the rooms and leaders you create (their names, personas, voices and portraits). So that Avatario can work, you grant the operator a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt (including by AI rewriting, translation, image, speech and video generation), transmit, display and distribute your content within Avatario and, for videos posted into rooms and content appearing in the app's public leaderboards, to use it to promote Avatario, including on the operator's own social-media channels. You confirm you have the rights needed to grant this licence. This licence ends when the content is deleted from our systems, except where it has already been shared or reused in a way that cannot reasonably be recalled.

8. Reporting, moderation and removal

We may, but are not obliged to, monitor content. We may remove or refuse any content, room, leader or theme, and may block a device, at our discretion and without notice, including where content appears to breach these Terms or the law. To report content, including alleged defamation, infringement or illegal material, contact us at contact@technopulse.co.uk with a description of the content and where it appeared. We will act promptly on valid notices.

If you are a person depicted by a leader, or a rights holder in a character, artwork, name or likeness used for a leader, and you object to that use, contact us at contact@technopulse.co.uk with the room and leader name, a description of the work or likeness concerned, and a statement of your rights. We will remove or alter the leader promptly on a valid request. Repeat creators of infringing leaders will be blocked.

9. Sponsored cards and third-party links

Rooms may show sponsored cards created by room owners or drawn from an affiliate product feed. Tapping a card takes you to a third-party website. The operator is not responsible for third-party sites, products, prices, availability or transactions, and may earn a commission if you buy through an affiliate link. Third-party sites have their own terms and privacy policies.

10. Intellectual property

The Avatario app, service, design, code, fonts and the operator's own artwork are owned by or licensed to the operator and protected by intellectual-property laws. Except for the limited personal, non-commercial right to use the app on your device, no rights are granted to you. Third-party names, likenesses and trade marks referenced by characters remain the property of their owners.

11. No warranty

Avatario is provided "as is" and "as available", without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted or error-free operation. Features, characters, rooms and content may change or be withdrawn at any time. Chat is live-only; we do not store or restore chat history.

12. Limitation of liability

To the fullest extent permitted by applicable law:

• the operator, its developers, contributors, suppliers and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or reputation, arising out of or in connection with Avatario or its content, however caused and under any theory of liability;
• the operator shall not be liable for any AI-generated or user-generated content, for any offence, distress, reputational harm or other harm arising from it, or for your reliance on it;
• the operator's total aggregate liability to you for all claims relating to Avatario shall not exceed the greater of (a) the amount you paid the operator for Avatario in the 12 months before the claim and (b) £50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. If you are a consumer, nothing in these Terms affects your statutory rights.

13. Indemnity

You agree to defend, indemnify and hold harmless the operator and its developers and contributors from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with content you post or share through Avatario, your use of Avatario, or your breach of these Terms or of any law or third-party right.

14. Suspension and termination

We may suspend or terminate your access to Avatario, or block a device, at any time and for any reason, including a suspected breach of these Terms. You may stop using Avatario at any time by uninstalling the app. Sections 2, 3, 4, 7 and 10 to 16 survive termination.

15. Changes to the app and these terms

We may change Avatario and these Terms from time to time. The effective date above will change and the app may ask you to accept the updated Terms again. Continued use after a change means you accept the change.

16. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute, except that if you are a consumer resident elsewhere you may also rely on the mandatory consumer-protection laws and courts of your country of residence. If any provision of these Terms is held invalid, the remainder continues in effect. These Terms and the Privacy Policy are the entire agreement between you and the operator regarding Avatario.

17. Contact

Questions, notices and complaints: contact@technopulse.co.uk.