Legal
Terms of service
Last updated:
Jul 16, 2024
AVATARZ TERMS OF SERVICE
This Avatarz Terms of Service (“Agreement”) is entered into by and between Avatarz Technologies SA, a Swiss company headquartered in Lausanne (“Avatarz”), and the entity or person placing an order for or accessing the Services (“Customer”).
This Agreement consists of the terms and conditions set forth below and any Order Form referencing it. The “Effective Date” of this Agreement is the earlier of (a) Customer’s initial access to the Services through any online registration or provisioning process, or (b) the Effective Date of the first Order Form executed between the Parties.
This Agreement governs Customer’s initial purchase as well as any future subscriptions referencing these terms. Avatarz may update this Agreement periodically, as permitted in Section 13.4 (Amendment).
Capitalized terms shall have the meanings set forth in Section 1 or in the section where they are first used.
1. Definitions
1.1 “Authorized Devices”
means those mobile, desktop, or connected devices through which the Services can be accessed and used.
1.2 “Content”
means any data, text, code, images, graphics, audio, video, avatars, stories, or other materials created, uploaded, imported, or otherwise provided through the Services by Customer or its Users.
1.3 “Documentation”
means the technical and functional materials made available by Avatarz describing the use, operation, or configuration of the Services, including API references and SDK integration guidelines.
1.4 “Services”
means Avatarz’s proprietary web-based products and SaaS solutions, including but not limited to:
Storiz™ (interactive storytelling and first-party data collection platform),
Avatarz Studio™ (avatar creation and customization platform),
Enterprise SDK (integration toolkit for embedding avatars into third-party applications), and
FanzClub™ (community engagement and gamified experience module),
together with any associated mobile or web applications, APIs, or hosted systems.
Each Order Form will specify the scope of Customer’s subscribed Services.
1.5 “Order Form”
means any document (electronic or signed) executed by both Parties identifying the Services, subscription level, fees, and applicable terms.
1.6 “Modules” or “Components”
means optional add-on functionalities, analytics dashboards, or integrations made available within the Services. Modules may be developed by Avatarz, the Customer, or authorized third parties. Modules created by Avatarz are supported as part of the Services. Avatarz disclaims any warranty for third-party Modules except to the extent expressly agreed.
1.7 “User”
means any individual (employee, contractor, partner, or end-user) authorized by Customer to access or interact with the Services.
1.8 “Experience”
means any interactive content, avatar-driven journey, or immersive scenario generated via the Services, including but not limited to video stories, avatar guides, or branded missions.
2. License and Use Rights
2.1 Services
Avatarz hereby grants Customer a non-exclusive, non-transferable, revocable license during the Term (as defined in Section 12) to:
(a) use the Services and, where applicable, install related applications on Authorized Devices for Customer’s internal business purposes, and
(b) create, manage, and deploy interactive experiences using Avatarz’s hosted SaaS infrastructure, APIs, and tools (including Storiz™, Avatarz Studio™, and Enterprise SDK).
The Services are delivered electronically and may be accessed via secure URLs, APIs, or partner integrations.
2.2 Provisioning the Services
Avatarz shall provide Customer with necessary access credentials, security tokens, or API keys (“Access Protocols”) to enable authorized use of the Services.
Customer shall manage user provisioning internally and remain responsible for all actions or omissions by its Users.
Administrators designated by Customer may manage permissions, integrations, and access rights through the admin interface.
2.3 Account Registration
To access the Services, Users must create an account using accurate information (name, email address, password, etc.).
Accounts are personal and non-transferable.
Automated or shared “bot” accounts are prohibited.
Each User must be a human individual acting on behalf of the Customer or as a legitimate end-user of an Avatarz Experience.
2.4 Software Restrictions
Customer shall not, and shall not allow any User to:
a) attempt to gain unauthorized access to any Service, network, or data;
b) upload or distribute malware, spam, or harmful code;
c) impersonate another person, entity, or avatar;
d) reverse-engineer, decompile, or copy any proprietary component of the Services;
e) use the Services to build or train a competing system or product;
f) interfere with the integrity, security, or performance of the Services;
g) misuse first-party or end-user data for unlawful or discriminatory purposes;
h) display or disseminate any content that is defamatory, hateful, violent, harassing, or violates intellectual property or privacy rights;
i) remove or obscure proprietary notices, watermarks, or brand identifiers of Avatarz;
j) use the Services to publish adult, obscene, or politically extreme material; or
k) use any automation or scraping tools to extract data or content.
Customer will ensure that its use of the Services complies with all applicable laws, including privacy and data protection regulations (e.g., GDPR).
2.5 Content Restrictions
Customer represents that all Content and Experiences uploaded or generated within the Services:
comply with all laws and third-party rights;
do not mislead end-users or imply endorsement by Avatarz;
do not infringe intellectual property, privacy, or moral rights;
do not include adult, violent, discriminatory, or unlawful material; and
are consistent with Avatarz’s ethical and brand standards for digital avatars and storytelling.
Avatarz reserves the right to remove or disable any Content or Experience that violates these terms or applicable law.
2.6 Publicity
Customer grants Avatarz the right to refer to Customer and its brand (including logos and public project names) as a client or user of the Services for marketing purposes (e.g., case studies, websites, and pitch materials), unless otherwise agreed in writing.
2.7 Support
Unless specified otherwise in an Order Form, Avatarz shall provide standard support to Customers, including:
(a) email assistance Monday–Friday, 09:00–17:00 CET (Swiss public holidays excluded);
(b) reasonable efforts to correct or mitigate service errors; and
(c) periodic updates and enhancements that Avatarz makes generally available to subscribers.
Premium support plans and service-level agreements (SLAs) may be made available upon request.
Legal
Terms of service
Last updated:
Jul 16, 2024
AVATARZ TERMS OF SERVICE
This Avatarz Terms of Service (“Agreement”) is entered into by and between Avatarz Technologies SA, a Swiss company headquartered in Lausanne (“Avatarz”), and the entity or person placing an order for or accessing the Services (“Customer”).
This Agreement consists of the terms and conditions set forth below and any Order Form referencing it. The “Effective Date” of this Agreement is the earlier of (a) Customer’s initial access to the Services through any online registration or provisioning process, or (b) the Effective Date of the first Order Form executed between the Parties.
This Agreement governs Customer’s initial purchase as well as any future subscriptions referencing these terms. Avatarz may update this Agreement periodically, as permitted in Section 13.4 (Amendment).
Capitalized terms shall have the meanings set forth in Section 1 or in the section where they are first used.
1. Definitions
1.1 “Authorized Devices”
means those mobile, desktop, or connected devices through which the Services can be accessed and used.
1.2 “Content”
means any data, text, code, images, graphics, audio, video, avatars, stories, or other materials created, uploaded, imported, or otherwise provided through the Services by Customer or its Users.
1.3 “Documentation”
means the technical and functional materials made available by Avatarz describing the use, operation, or configuration of the Services, including API references and SDK integration guidelines.
1.4 “Services”
means Avatarz’s proprietary web-based products and SaaS solutions, including but not limited to:
Storiz™ (interactive storytelling and first-party data collection platform),
Avatarz Studio™ (avatar creation and customization platform),
Enterprise SDK (integration toolkit for embedding avatars into third-party applications), and
FanzClub™ (community engagement and gamified experience module),
together with any associated mobile or web applications, APIs, or hosted systems.
Each Order Form will specify the scope of Customer’s subscribed Services.
1.5 “Order Form”
means any document (electronic or signed) executed by both Parties identifying the Services, subscription level, fees, and applicable terms.
1.6 “Modules” or “Components”
means optional add-on functionalities, analytics dashboards, or integrations made available within the Services. Modules may be developed by Avatarz, the Customer, or authorized third parties. Modules created by Avatarz are supported as part of the Services. Avatarz disclaims any warranty for third-party Modules except to the extent expressly agreed.
1.7 “User”
means any individual (employee, contractor, partner, or end-user) authorized by Customer to access or interact with the Services.
1.8 “Experience”
means any interactive content, avatar-driven journey, or immersive scenario generated via the Services, including but not limited to video stories, avatar guides, or branded missions.
2. License and Use Rights
2.1 Services
Avatarz hereby grants Customer a non-exclusive, non-transferable, revocable license during the Term (as defined in Section 12) to:
(a) use the Services and, where applicable, install related applications on Authorized Devices for Customer’s internal business purposes, and
(b) create, manage, and deploy interactive experiences using Avatarz’s hosted SaaS infrastructure, APIs, and tools (including Storiz™, Avatarz Studio™, and Enterprise SDK).
The Services are delivered electronically and may be accessed via secure URLs, APIs, or partner integrations.
2.2 Provisioning the Services
Avatarz shall provide Customer with necessary access credentials, security tokens, or API keys (“Access Protocols”) to enable authorized use of the Services.
Customer shall manage user provisioning internally and remain responsible for all actions or omissions by its Users.
Administrators designated by Customer may manage permissions, integrations, and access rights through the admin interface.
2.3 Account Registration
To access the Services, Users must create an account using accurate information (name, email address, password, etc.).
Accounts are personal and non-transferable.
Automated or shared “bot” accounts are prohibited.
Each User must be a human individual acting on behalf of the Customer or as a legitimate end-user of an Avatarz Experience.
2.4 Software Restrictions
Customer shall not, and shall not allow any User to:
a) attempt to gain unauthorized access to any Service, network, or data;
b) upload or distribute malware, spam, or harmful code;
c) impersonate another person, entity, or avatar;
d) reverse-engineer, decompile, or copy any proprietary component of the Services;
e) use the Services to build or train a competing system or product;
f) interfere with the integrity, security, or performance of the Services;
g) misuse first-party or end-user data for unlawful or discriminatory purposes;
h) display or disseminate any content that is defamatory, hateful, violent, harassing, or violates intellectual property or privacy rights;
i) remove or obscure proprietary notices, watermarks, or brand identifiers of Avatarz;
j) use the Services to publish adult, obscene, or politically extreme material; or
k) use any automation or scraping tools to extract data or content.
Customer will ensure that its use of the Services complies with all applicable laws, including privacy and data protection regulations (e.g., GDPR).
2.5 Content Restrictions
Customer represents that all Content and Experiences uploaded or generated within the Services:
comply with all laws and third-party rights;
do not mislead end-users or imply endorsement by Avatarz;
do not infringe intellectual property, privacy, or moral rights;
do not include adult, violent, discriminatory, or unlawful material; and
are consistent with Avatarz’s ethical and brand standards for digital avatars and storytelling.
Avatarz reserves the right to remove or disable any Content or Experience that violates these terms or applicable law.
2.6 Publicity
Customer grants Avatarz the right to refer to Customer and its brand (including logos and public project names) as a client or user of the Services for marketing purposes (e.g., case studies, websites, and pitch materials), unless otherwise agreed in writing.
2.7 Support
Unless specified otherwise in an Order Form, Avatarz shall provide standard support to Customers, including:
(a) email assistance Monday–Friday, 09:00–17:00 CET (Swiss public holidays excluded);
(b) reasonable efforts to correct or mitigate service errors; and
(c) periodic updates and enhancements that Avatarz makes generally available to subscribers.
Premium support plans and service-level agreements (SLAs) may be made available upon request.