Terms of Service

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and Cookie Policy. Together they describe how the Service works, how we handle your information, and what you can and cannot do on the platform. By using the Service, you accept all of these documents as a single agreement.

If you are using the Service on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

Avirale is a software-as-a-service platform that uses artificial intelligence to generate marketing video content. The Service lets you (a) create custom AI avatars based on descriptions and reference images you provide, (b) upload product images, (c) submit scripts, and (d) receive rendered video files featuring your chosen avatar.

We may add, modify, or discontinue features at any time. We will give reasonable notice before any change that materially reduces the core functionality of a paid plan.

Eligibility

You must be at least 18 years old to use the Service. By creating an account you represent that (a) you meet this age requirement, (b) you are legally able to enter into a binding contract, and (c) your use of the Service will not violate any law in your jurisdiction.

Account security

You are responsible for safeguarding your account credentials and for any activity under your account. Notify us at security@avirale.ai immediately if you suspect unauthorized access.

One person per account

Sharing a single individual account across multiple humans violates these Terms. We offer team plans for shared use.

Plans

The Service is offered on monthly or annual subscription plans. Each plan's features, render quotas, and price are listed on our pricing page. By starting a subscription you authorize us to charge the payment method on file at the start of each billing cycle.

Renewals & cancellation

Subscriptions auto-renew at the end of each billing period until you cancel. You can cancel at any time from your account settings. Cancellation takes effect at the end of your current paid period — you keep access until then.

Refunds

Except where required by applicable law, all payments are non-refundable. If we materially fail to deliver the Service for an extended period (more than 72 consecutive hours of downtime in a single billing cycle), email billing@avirale.ai and we will consider a pro-rata refund or credit at our discretion.

Price changes

We may change pricing for future billing cycles with at least 30 days' notice. If you do not accept a price change, you may cancel before it takes effect.

Your content stays yours

You retain all rights to any content you upload to the Service, including avatar reference images, product images, scripts, and voice recordings (“Input Content”). We do not claim ownership of your Input Content.

License you grant us

You grant Avirale a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and transform your Input Content solely to operate, maintain, and improve the Service for you. This license terminates when you delete the content or close your account, subject to standard backup retention windows.

Your representations

You represent and warrant that you either own, or have all rights necessary to upload and use, every piece of Input Content. Specifically:

• You have the rights to any face, voice, or likeness used as an avatar reference — including written consent from the real person (if any) being depicted.
• You have the rights to any product images, logos, or trademarks you upload.
• Your Input Content does not infringe any third party's intellectual property, privacy, or publicity rights.
• Your Input Content does not violate our Acceptable Use Policy.

You own the output

Subject to your compliance with these Terms, you own the video files and other content the Service generates from your Input Content (“Generated Output”). You may use Generated Output for any lawful purpose — including commercial use, paid advertising, and distribution on third-party platforms.

Our reserved rights

We retain ownership of the Service itself, including all underlying software, models, weights, and the Avirale name and branding. Nothing in these Terms transfers ownership of those to you.

Aggregate & anonymized learning

We may use de-identified, aggregated information about how the Service is used (e.g. render counts, latency metrics, error rates) to improve the platform. We do not train our underlying AI models on your Input Content or Generated Output without your explicit opt-in consent.

You agree to use the Service in accordance with our Acceptable Use Policy, which is incorporated into these Terms by reference. Among other things, you may not use the Service to generate non-consensual deepfakes, impersonate real individuals without authorization, produce sexually explicit content, create misleading political content, or generate any content that violates law.

Violations may result in immediate account suspension or termination, removal of Generated Output, and (where required) referral to law enforcement.

The Service uses generative AI models, including third-party models from providers such as Anthropic, OpenAI, and ByteDance. These models produce probabilistic, non-deterministic output. We make no warranty that Generated Output will be accurate, factual, free of bias, free of artifacts, or suitable for any particular purpose.

You should label Generated Output as AI-generated where required by applicable law, advertising platform policies (e.g. Meta, TikTok, Google), or your own brand guidelines. We may, but are not required to, embed visible or invisible watermarks identifying Generated Output as synthetic.

The Service relies on third-party providers for hosting (Vercel Inc.), authentication (Clerk Inc.), payments (Stripe Inc.), AI inference (Replicate Inc., Anthropic PBC, OpenAI L.L.C., and others), email delivery, analytics, and error monitoring. Your use of those providers' outputs through our Service is also subject to their respective terms.

We are not responsible for any third-party website, product, or service linked from or integrated with the Service.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Avirale, its affiliates, and its officers, directors, employees, and agents from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Input Content;
• Your use of Generated Output;
• Your violation of these Terms or the Acceptable Use Policy;
• Your violation of any applicable law; or
• Your violation of any third party's rights.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIRALE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT WILL AVIRALE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

You may stop using the Service at any time by cancelling your subscription and deleting your account. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have violated these Terms or our Acceptable Use Policy, or to comply with law.

On termination, your right to use the Service ends. Sections that by their nature should survive (including ownership, indemnification, disclaimers, limitation of liability, and dispute resolution) will survive termination.

Governing law

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflicts-of-law principles.

Informal resolution first

Before filing a claim, you agree to try to resolve any dispute informally by emailing legal@avirale.ai with a description of the dispute. We will attempt to resolve the dispute within 30 days.

Binding arbitration

Any dispute not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Maricopa County, Arizona, unless you and Avirale agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver

You and Avirale agree that any dispute will be brought in an individual capacity, not as a class action, collective action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding.

Exceptions

Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights.

We may revise these Terms from time to time. When we make a material change, we will post the updated Terms on this page and update the “Last updated” date. For material changes affecting paid subscribers, we will also send an email notice at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Questions about these Terms? Reach us at:

• Email: legal@avirale.ai
• Mail: Avirale LLC, Arizona, USA