Terms of Service

Agreement and scope

These Terms form a binding agreement between you and the operator of Avatyx ("Avatyx", "we", "us" or "our") and govern your access to the website, accounts, previews, face-swap and generative-media tools, generated output, credits, support and related services (collectively, the "Service"). Our Content Guidelines and Privacy Policy are incorporated into these Terms. By creating an account, submitting media, starting a generation, buying credits or otherwise using the Service, you agree to them.

Operator and contact details

Eligibility and account responsibility

• You must be at least 18 years old and legally able to enter a binding agreement.
• You must provide accurate account information and keep your login credentials secure.
• You are responsible for activity performed through your account and must promptly report unauthorized access.
• You may not share, sell, rent or transfer an account, or use another person's account.
• You may not use the Service for or on behalf of a minor.

What the Service provides

Avatyx uses probabilistic artificial-intelligence systems to create face-swap previews and generated images or videos from media you provide or select. The Service supplies a generation process, not a commissioned portrait, identity-verification service or promise of a particular creative result.

AI output is variable and may not meet expectations

You understand and accept that generative AI is unpredictable. Output may be inaccurate, incomplete, distorted, inconsistent or unusable, and may contain visual artifacts or unexpected changes to facial features, perceived age, skin tone, hair, body, expression, clothing, lighting, background, motion, timing or continuity. It may fail to preserve a person's exact identity or likeness and may not match your instructions, source media, selected template, preview or subjective expectations.

A preview is an indicative still-frame or character preview only. It is not a sample of every final frame and does not guarantee the appearance, quality or consistency of the final render. Approving a preview instructs Avatyx to begin a separate AI generation. That generation may produce a materially different result. Repeating the same request may also produce a different result.

To the maximum extent permitted by law, Avatyx does not provide a satisfaction guarantee. A successfully produced and delivered output is not a failed generation solely because you dislike it, expected a different artistic result, or it contains ordinary generative variance described above. This paragraph does not limit any mandatory consumer right or remedy for digital content or a digital service that is legally non-conforming.

Your media, likenesses and permissions

Each time you submit media or start a generation, you represent and warrant that:

• you own the media or hold every license, consent and permission required to use it with the Service;
• every identifiable person is an adult and has given specific, informed permission for their likeness to be AI-altered in the intended context;
• you have the right to upload, process, combine, generate, download and, if applicable, publish the media and output;
• your use will not violate privacy, publicity, personality, data-protection, intellectual-property, contractual or other rights;
• you are not relying on Avatyx, a safety check or a successful generation as confirmation that your use is lawful or authorized; and
• you can provide reasonable evidence of permission and rights if Avatyx requests it.

Permission to possess a photograph is not necessarily permission to create or publish an AI face swap. If permission is unclear, limited, withdrawn or disputed, do not use the media.

License needed to operate the Service

As between you and Avatyx, you retain any rights you have in permitted media and output. You grant Avatyx and its service providers a limited, worldwide, non-exclusive license to host, copy, transmit, adapt, process and display that media only as reasonably necessary to provide the requested generation, operate safety and abuse-prevention controls, provide support, enforce these Terms and comply with law. The license lasts for as long as those purposes reasonably require, subject to the Privacy Policy and legal retention duties.

AI output may not qualify for intellectual-property protection in every jurisdiction and may be similar to output created for another user. Avatyx does not guarantee that output is unique, registrable, non-infringing or cleared for commercial use. You must review output and obtain any necessary professional clearance before using it.

Strictly prohibited content and conduct

You must not upload, request, create, regenerate, download, possess through, publish or otherwise use the Service for:

• any media depicting, referring to or using the likeness of a person under 18, or a person whose age you cannot reliably verify as 18 or older;
• child sexual abuse material, sexualized minors, realistic or simulated sexual images of minors, or content that makes an adult appear to be a minor in a sexual context;
• nudity, sexually explicit or sexually suggestive content, fetish content, sexual services, voyeurism or intimate imagery;
• non-consensual intimate imagery, sexual humiliation, sextortion, revenge pornography or any sexualized use of a person without their specific consent;
• an unauthorized or deceptive deepfake, face swap, voice clone, impersonation or fabricated event involving a real person;
• fraud, scams, extortion, identity theft, false endorsements, forged evidence, fabricated admissions or misleading commercial claims;
• identity verification, access control, biometric authentication, background checks, or impersonation in medical, legal, financial, insurance, employment, education or government contexts;
• unauthorized politicians, candidates, government officials, celebrities, influencers, journalists, activists or other public figures;
• election interference, political persuasion by impersonation, false statements attributed to public figures or content likely to mislead the public about a matter of public interest;
• harassment, stalking, bullying, doxxing, defamation, hate, discrimination, threats, graphic violence, sexual violence, exploitation or promotion of self-harm;
• illegal activity, infringement of third-party rights, malware, attempts to identify private individuals, or evasion of platform, provider or legal safeguards; or
• testing, probing, reverse engineering or bypassing safety systems, rate limits, access controls, watermarks, provenance signals or enforcement measures.

The more specific rules and examples in the Content Guidelines also apply.

Safety checks are not approval

Avatyx may use automated classifiers, provider controls, metadata checks, rate limits and human review to reduce abuse. These measures may produce false positives or false negatives and may not detect every prohibited person, context or output. A passed check, available preview or completed generation does not mean that Avatyx has reviewed, endorsed, licensed or determined the legality, safety, accuracy or consent status of the media or output. You remain responsible for complying with these Terms and applicable law.

If prohibited or unexpected content appears

If any preview or output appears to depict a minor, nudity, sexual content, non-consensual intimate imagery, exploitation or other illegal or prohibited material, stop immediately. Do not approve, regenerate, download, copy, save, transmit, publish, display or otherwise use it. Submit a safety report using only the job reference and a description of the concern; do not upload or send the suspected illegal file to support.

Avatyx may block access, quarantine or remove the material, suspend the account, preserve relevant records, investigate, notify affected service providers or competent authorities, and cooperate with lawful requests. Where Avatyx reasonably suspects child sexual abuse material or another serious offence, user access may be disabled without prior notice and records may be retained notwithstanding an account-deletion request where legally permitted or required. These actions do not create a duty to monitor every request and do not limit any duty imposed by applicable law.

Publishing and downstream use

You decide whether to take output outside Avatyx and are responsible for that decision. Before sharing realistic AI-altered media, you must obtain all required permissions, comply with the destination platform's rules and applicable law, and clearly disclose that the content was artificially generated or manipulated. Do not present output as authentic evidence, original documentary footage or a genuine statement or action by the depicted person. A clean editor export may omit a pixel-baked label after you separately accept the clean-export terms; in that case you must add a clear disclosure when publishing or sharing where required. Do not remove or alter provenance signals, machine-readable metadata or watermarks retained in the file.

Avatyx cannot control copies after you download or share them, including third-party modification, redistribution, re-contextualization, removal, platform enforcement or other downstream use. To the extent permitted by law, you bear the risk and responsibility arising from your publication, distribution, representation and use of output outside the Service.

Credits, generations and refunds

• Credit packs are one-time purchases. Avatyx does not enroll you in a subscription.
• Credits are a limited, personal, non-transferable service balance. They are not money, cannot be withdrawn or resold and have no cash value.
• The price, credit quantity and generation charge shown in the Service at the time of the transaction apply to that transaction.
• A preview deposit, where charged, is counted toward that job's final render as shown before approval.
• A regeneration is a new generation request and may consume additional credits as displayed before you confirm it.
• If a generation cannot be completed or delivered because of a recognized technical failure, charged credits are restored under the job-settlement rules.
• A completed output is not refundable solely for aesthetic dissatisfaction or ordinary AI variance, subject always to mandatory consumer rights.
• Promotional or free credits may have separate eligibility limits and may be withdrawn in cases of abuse, duplication, fraud or error.

Nothing in these Terms excludes a mandatory right of withdrawal, refund, price reduction, repair, repeat performance or termination that applies under consumer law.

Before Avatyx opens checkout, consumers must expressly request that the purchased digital service begin during the statutory withdrawal period and acknowledge the information shown about the circumstances in which the right of withdrawal may be lost. These confirmations are not preselected and are recorded with the checkout session. Where the law still gives you a right of withdrawal or another mandatory remedy, that right remains unaffected.

Third-party services and availability

The Service relies on third-party infrastructure, payment, authentication, storage, moderation and AI-generation providers. Their systems may reject requests, change behavior, experience delays or become unavailable. Avatyx may change, suspend or discontinue features to address safety, legal, provider or operational requirements. We do not guarantee uninterrupted access, a particular provider, perpetual storage, compatibility with every device or that every generation will complete. Mandatory rights for paid services remain unaffected.

Enforcement

Avatyx may reject a request, restrict features, remove or disable access to media, cancel a job, suspend or terminate an account, limit free previews, withhold promotional benefits or take other proportionate action where we reasonably believe that these Terms, the Content Guidelines, third-party rights or law have been violated or that action is needed to protect users, Avatyx, providers or the public. Serious violations may result in immediate permanent suspension where permitted by law. Repeated violations, attempts to evade enforcement or repeated submission of manifestly illegal content may result in longer or permanent suspension. We may provide reasons and an appeal route where required by law.

No refund is due for value lost as a direct result of your fraud or prohibited use, except where mandatory law requires otherwise. Termination does not affect accrued rights, payment obligations, licenses already needed for legal compliance, or provisions that by their nature should survive.

Reporting, takedown and cooperation

To report unauthorized use of a likeness, illegal content or infringement, use the report and takedown form. Identify the exact job reference or electronic location, explain the legal or rights-based concern, provide contact information and confirm your good-faith belief that the report is accurate. Do not attach suspected illegal sexual material involving a minor. We may request information needed to verify the report and may preserve or disclose records when permitted or required by law. Knowingly false, abusive or fraudulent notices are prohibited.

Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available". Avatyx disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. Avatyx does not warrant that output will be accurate, authentic, unique, lawful for your intended use, free of third-party rights, accepted by another platform, or detected by every AI-content detector. You must not rely on output for factual, identity, evidentiary, medical, legal, financial, safety-critical or other high-risk decisions.

These disclaimers do not exclude any guarantee, warranty or statutory liability that cannot lawfully be excluded for you, including mandatory consumer protections.

Limitation of liability

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, death or personal injury caused by negligence, breach of mandatory data-protection duties, gross negligence where it cannot be limited, or any other liability or consumer remedy that cannot lawfully be excluded or limited.

Subject to that rule and to the maximum extent permitted by law, Avatyx is not liable for indirect, incidental, special, exemplary or consequential loss; loss of profit, opportunity, reputation, goodwill or data; or claims arising from your media, lack of permission, instructions, prohibited use, publication, failure to disclose AI alteration, or third-party modification or redistribution of output. Avatyx is not responsible for conduct or content of users or third parties except to the extent liability results from Avatyx's own breach of a non-excludable duty.

If you use the Service for business purposes, Avatyx's aggregate liability arising from the Service or these Terms is limited to the amount you paid Avatyx during the 12 months before the event giving rise to the claim. This business-user cap does not apply where a limitation is prohibited by law. Consumer liability is limited only to the extent permitted by the mandatory law applicable to that consumer.

Your responsibility for claims

If you use the Service for business purposes, you will defend, indemnify and hold Avatyx and its service providers harmless from third-party claims, damages, penalties and reasonable legal costs arising from your media, your lack of required permission, your output, your publication or downstream use, or your breach of these Terms or law, except to the extent caused by Avatyx's own breach or misconduct. If you are a consumer, you remain responsible, to the extent permitted by law, for direct loss Avatyx suffers because of your intentional or negligent violation of these Terms or third-party rights.

Changes and severability

We may update these Terms to reflect changes to the Service, providers, risks or law. We will identify the revision date and provide additional notice of material changes where required. Changes apply prospectively unless law requires otherwise. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue.

Governing law and consumer disputes

These Terms and the Service are governed by Czech law, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections of the country where you habitually reside or restrict access to a court or dispute process that mandatory law makes available. Please contact us first at legal@avatyx.app so we can try to resolve the issue directly.

If a consumer dispute arising from a purchase or service contract cannot be resolved by agreement, the consumer may submit it for out-of-court resolution to Česká obchodní inspekce (Czech Trade Inspection Authority), Ústřední inspektorát – oddělení ADR, Gorazdova 1969/24, 120 00 Praha 2, Czech Republic; email adr@coi.gov.cz; information and online submission at coi.gov.cz/informace-o-adr/.

Contact

Use the Support and takedown form for account support, billing issues, privacy requests, safety reports, appeals and urgent likeness takedowns. Formal legal notices and consumer complaints may also be sent to legal@avatyx.app or by post to the registered office identified above.