Last Updated: November 1, 2024
These AvaClone Mobile Application Terms of Use (as amended from time to time, the "Terms") are applicable to "AvaClone," an online AI character creation and interaction tool, and related contents, features, and functionality (together, the "Services") provided to users ("you" or "your") by PARODIST AI L.L.C-FZ ("we", "our" or "us").
1.1 These Terms form a contract between you and us, which does not require any physical, electronic, or digital signature. Your consent to these Terms constitutes the prerequisite for you and/or your child to use AvaClone and/or our Services, so please read these Terms carefully before using them.
1.2 Use of AvaClone (including but not limited to download, installation, browse, activation, registration, login, use, paying for use) by you and/or your child signifies your agreement to these Terms. If you do not accept these Terms, you and/or your child shall not use AvaClone in any manner.
1.3 These Terms contain important provisions related to children. Any user under 17 years old or the minimum age legally permitted in your jurisdiction to use services (including but not limited to online/offline computer software, commercial/non-commercial services, paid/non-paid services) shall not use AvaClone without their parent’s or legal guardian’s permission. If you are a child user, you should review these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian fully understand and agree to them. If you are a parent or legal guardian accepting these Terms on behalf of your child, you are responsible for the compliance with these Terms by you and your child. Any use of AvaClone by a child shall be deemed to have been permitted by and under the supervision of their parent or legal guardian.
1.4 These Terms contain important provisions on purchase and payment. All purchases and payments with AvaClone must be operated by an adult. Also, an identity verification process may be put in place to avoid a child user’s operation by mistake or accident. Pursuant to these Terms and subject to applicable laws, users are not entitled to any refund for a completed purchase without due reason. To the maximum extent permitted by applicable laws, no refund request will be accepted for our Services on the ground of a child user’s purchase or payment by mistake or accident.
1.5 If you and/or your child continue to use AvaClone and/or our Services after these Terms have been updated, you shall be deemed to have agreed to be bound by the updated version hereof. If you do not agree, you and/or your child shall cease using AvaClone, or you may use the pre-update version (but only to the extent technologically plausible).
2.1 We attach great importance to the protection of user personal information. We will collect, use, preserve and share your and/or your child’s personal information in accordance with these Terms, our Privacy Policy and applicable laws. We may synchronize your and/or your child’s personal information among your different mobile devices, in order to provide you and/or your child with better services.
2.2 You shall read and agree to our Privacy Policy before using AvaClone. Using AvaClone suffices the consent to our Privacy Policy. If You do not agree to the terms thereof, you and/or your child shall immediately stop accessing or using AvaClone. For details, please review our Privacy Policy.
3.1 We attach great importance to child user protection. In accordance with applicable laws, you acknowledge and undertake that you are an adult or the parent and/or legal guardian of a child user. We provide AvaClone to a child user only after his/her parent and/or legal guardian has fully read and agreed to these Terms. We have the right to stop providing our Services to the child once we are aware that his/her parent and/or legal guardian has not given consent.
3.2 Parents and/or legal guardians shall guide their children to pay attention to the safety of accessing the Internet. Payment is not allowed to be made by child users to AvaClone, and only a parent and/or legal guardian may process payment.
3.3 The protection of child users’ personal information will be implemented strictly following our Privacy Policy and applicable laws. For details, please refer to our Privacy Policy.
4.1 For purpose of these Terms, AvaClone and/or our Services include: AI Chatting: You can create AI character(s) via our AI algorithm, you can chat with AI character(s) created by you or other uses via AvaClone; Premium (Pro) services: If you subscribe to our value-added paid services, you will become a premium (Pro) user and receive more quota and functions; and Our other services provided to users.
4.2 The official AvaClone mobile application is available on platforms such as App Store and Google Play. These platforms are the only authorized channels to download the AvaClone app. We do not recognize the validity of any products and/or services that you and/or your child has obtained through any other channels, or any products and/or services not within our official price range. We shall have the right to refuse to provide services to users of such products and/or services. All risks and liabilities arising therefrom shall be assumed by you. If you and/or your child are not able to determine whether a particular channel is authorized or whether a particular product and/or service are our official Services, you may contact us.
4.3 You and/or your child shall only use our Services provided in AvaClone, and any contents separated from AvaClone by malicious and/or illegal means shall not be deemed as AvaClone and/or our Services as agreed herein. All legal consequences arising therefrom shall be borne by the perpetrator, and we will seek legal recourses against them in accordance with applicable laws.
4.4 Subject to these Terms, we grant you and/or your child a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use AvaClone and/or the search feedback derived therefrom (the “Derivative Contents”); however, you have no title or intellectual property rights in any of the Derivative Contents.
4.5 We reserve the right to stop or amend any of our Services in our sole discretion without prior notice to you. We will not be liable if for any reason all or any part of AvaClone and/or our Services are unavailable at any time. From time to time, we may restrict all or any part of any user’s access to and/or use of AvaClone and/or our Services.
4.6 Use of AvaClone requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require completing updates or upgrades from time to time, so you and/or your child’s ability to access and use AvaClone may be affected by those factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
4.7 When using AvaClone, you and/or your child may access data or services provided by third parties (such as payment channels, third-party web links and third-party SDKs). You understand and agree that we will not be responsible for any liabilities arising out of or in connection with any third-party products and/or services, except as otherwise provided by applicable laws. You are kindly reminded to carefully read the service terms, privacy policies and other agreements from the third parties before using any of their products and/or services.
5.1 Account Registration
To access and use AvaClone, you can install AvaClone Mobile Application in App Store or Google Play and log in, after which an AvaClone account will automatically be created for you. For a child user, registration of an AvaClone account must be conducted by or under the supervision of their parent or legal guardian who has agreed to these Terms. In the event a child uses AvaClone, it will be deemed that the child has obtained the consent of his/her parent or legal guardian and such use is made available by the parent or legal guardian.
As a requirement for accessing and/or using AvaClone, we may collect and process your personal data (including without limitation your uploaded pictures or input text, device information and log information, your unique device identifiers). It is a condition to your access and/or use of AvaClone that the information you provide to us be correct, current, updated and complete at all times, and do not contain any contents that violate applicable laws, social custom, or that infringe any rights or interests of ours and/or others. You agree that all information you provide to register with AvaClone is governed by the AvaClone Privacy Policy, and you agree to all actions we take with respect to your information consistent with the Privacy Policy and applicable laws. You acknowledge that you have read and understood the Privacy Policy and you consent to our collection, processing, and disclosure of your personal information for the purposes set out in the Privacy Policy.
If you are provided with any piece of information as part of our security procedure, you must treat such information as confidential, and you should be careful not to disclose it to any other person. You acknowledge that your account is personal to you and agree not to provide any other person with access to AvaClone using your security information. You shall be responsible for all actions taken under your account. You agree to notify us immediately of any unauthorized access to or use of your AvaClone account or any other actions that may cause breach of security.
We have the right to disable any user’s identifier, whether chosen by you or provided by us at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5.2 Account Management
You are not allowed to register any AvaClone account by using false information, impersonating someone else or using someone else’s data. In case that you violate the above representations, we reserve the right to terminate our Services to you and to take proper actions (e.g., warning, restricting or prohibiting the use of any or all of the AvaClone functions, terminating or deleting your account). We do not take any responsibility for any losses arising from your failure in providing true and accurate information or updating the information in a timely manner.
5.3 Protection of Account
You understand and agree that ownership of your AvaClone account is vested in us and that you and/or your child only have limited access to it. You shall take responsibility for all actions taken under your account, and you shall keep the account secure, and shall not give, transfer, lend, lease, sell, share or use the account with others, or engage in any monetary transactions. Otherwise, we reserve the right to take proper measures for your violation, and all liabilities arising therefrom shall be borne by you.
If you and/or your child find that your account has been used in an unusual and/or illegal manner by a third party, you shall immediately notify us; otherwise, all actions under your account will be deemed as your own.
5.4 Cancellation of Account
You may cancel your AvaClone account at any time. Please note that cancellation of an account is irreversible, and that, once you cancel the account:
- you will not be able to log back in or use any of our Services as a registered user;
- you are deemed to have voluntarily waived all your existing rights and interests in connection with the account (including but not limited to your right to use value-added services).
We cannot help you retrieve any content or information related to your account, such as your personal information and use records. You will not be able to continue to use the services which you have purchased even if you register a new AvaClone account. Please proceed with caution. You are recommended to back up all information and data relating to the account before cancellation.
Your AvaClone account shall meet all the following conditions in order to be cancelled:
- it is not associated with any dispute;
- there is no outstanding charge or issue with it; and
- the premium services purchased under the account have expired.
If your AvaClone account is associated with any dispute (including but not limited to complaint, whistle-blowing, litigation, arbitration, investigation by any government agencies or authorities), after you submit the cancellation request, we have the right to suspend or terminate the cancellation process.
Please note that cancellation of your AvaClone account shall not release you from any liability arising out of or in connection with your use of the account prior to cancellation.
6.1 User Rights
You and/or your child may only use AvaClone for lawful purposes and to the extent expressly authorized by these Terms. During use of AvaClone, you and/or your child have the right:
- to provide us with comments and suggestions related to our Services, so as to help us provide better services to you.
- to upload pictures, subject to these Terms. You shall not upload any contents that:
• are in violation of applicable laws and regulations;
• are in contravention of good social custom;
• infringe on our or any third party’s intellectual property rights and other interests;
• defame others, involve sexual harassment and racial discrimination or are harmful to minors;
• contain any virus that may damage the computer system of ours or any others;
• display advertising or other commercial promotional information; or contain other inappropriate contents.
In case that the contents that you and/or your child upload are suspected of involving illegal, infringing, or otherwise unpermitted contents, we may take measures such as rejecting the upload, directly blocking and/or deleting relevant information, without prior notice. All adverse consequences shall be borne by you. We will not take responsibility for any losses caused by your and/or your child’s violation of applicable laws. You shall also be responsible for eliminating the impact and compensating us for all losses arising therefrom, including but not limited to property damages, compensation for defamation, legal and counsel fees, and other reasonable fees we incur for the protection of our rights.
We are under no obligation to examine or verify any contents posted by you and/or your child, and we assume no responsibility relating to any such contents nor do we assume liability for breach of any of your and/or your child’s obligation(s) under these Terms. Notwithstanding the above, you understand and agree that we have the right to store the contents you and/or your child upload. You hereby authorize us to reasonably access and use the contents you and/or your child upload for purposes including but not limited to product analysis. You understand and agree that we reserve the right to delete any contents that you and/or your child upload if such contents violate applicable laws, and we will not assume any responsibility if such deletion has an adverse impact on you and/or your child. You are kindly reminded that any contents you and/or your child upload shall be backed up if such contents are very important to you.
6.2 User Obligations
6.2.1 You understand and agree that you shall bear any and all telecommunication traffic charges (if any) occurred from your and/or your child’s use of AvaClone or our Services, and the telecommunication fees may be charged directly by network operators.
6.2.2 You understand and agree to abide by these Terms, review regularly and comply with all Terms of Use published and updated.
6.2.3 You understand and agree that, during use of AvaClone, you and/or your child shall comply with applicable laws, observe public order, respect social morality, and shall not endanger network security or use the Internet to engage in illegal activities. In the event that we reasonably believe that you have violated any applicable laws, we may terminate our Services to you without prior notice.
6.2.4 You understand and agree that you and/or your child shall not engage in any of the following activities during use of AvaClone:
6.2.5 You understand and agree that subject to applicable laws, your and/or your child’s violations of applicable laws and these Terms, and infringement of our or other third-party’s rights and interests will be recorded by our device and may be submitted to the relevant government authorities as evidence.
The following are rules that everyone on AvaClone should comply with.
8.1 We will charge you fees for our value-added premium (Pro) services. For iOS and Android premium (Pro) services are available in different plans with multiple service level choices. All rates for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on AvaClone are subject to changes with or without expressive notice.
Please note that a plan for the premium services will be automatically renewed unless it is cancelled on or before the last day of the subscription period. As a result, we will bill you on the date of subscription and on each periodic renewal until cancellation.
8.2 We establish different rate standards depending on plans and may adjust the rates from time to time at our sole discretion.
8.3 You fully understand and agree that, the scope of our Services you have paid for is limited to those as described at the time of payment. AvaClone and/or our Services may be updated or expanded from time to time. You need to make additional payment for such updated or expanded services, at the then effective price notified by AvaClone.
8.4 If we come across any typographic errors with respect to pricing or services information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 90 business days of such corrective action taken.
8.5 It is hereby confirmed that we shall not be responsible for any of your tax liability arising from the services rendered by you through AvaClone.
8.6 You understand and agree that your payment for the aforesaid services includes payment to us via a third-party app stores such as App Store and Google Play.
8.7 You understand and agree that any possible commercial risks arising from the use of third-party payment methods may cause economic losses to you. We shall not be liable for any of the aforesaid risks and losses caused to you as long as we fully perform our obligations under these Terms and comply with applicable laws. You are kindly reminded to carefully read the service agreement, privacy policy and other legal documents of the third parties before using their services.
8.8 You may cancel your subscription at any time.
8.9 You understand and agree that, subject to applicable laws, any user payment made in accordance with our rates and policies will not be refunded, even if the subscription is subsequently cancelled.
9.1 Except as otherwise expressly indicated, provided herein or stipulated under applicable laws, all the intellectual property rights (including without limitation patent rights, trademark rights, copyrights, trade secrets) of the contents we offer (including but not limited to any webpages, texts, pictures, audios, videos, charts, interface designs, layout frames, data and procedures, codes, files, animations) shall belong to us. All the intellectual property rights of the contents generated during your use of AvaClone and/or our Services shall belong to us in accordance with applicable laws, and you shall not, without our written consent, implement, use or otherwise exploit such intellectual property, information or materials in any manner.
9.2 Unless otherwise expressly provided herein or stipulated under applicable laws, all copyrights, patents, trademarks and other intellectual property rights of the software on which we rely to provide AvaClone and/or our Services shall be ours. Without our prior written authorization, you shall not use (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, leasing, operating through any robot, spider or other program or device), modify, adapt or translate the software, technology or materials used by AvaClone, or create products or derivatives relating to AvaClone, or provide any part of or all AvaClone to any third party, or obtain source code of AvaClone through reverse engineering, decompilation, disassembly or other similar actions; otherwise, we have the right to hold you liable for any losses caused to us and/or others, and to report the above actions to the law enforcement or regulatory authorities as appropriate.
9.3 AI Contents
9.3.1 As you use AvaClone, some answers, responses, comments, suggestions, or other forms of feedback will be generated by the AI-based computer system (“AI Contents”). You understand and acknowledge that all AI Contents are the products of AI computer programs, and we cannot predict, edit or control the creation and substance of AI Contents. You understand and acknowledge that AvaClone is not responsible for the accuracy of the AI contents.
9.3.2 Pursuant to applicable laws and regulations, AvaClone owns the intellectual property rights of the AI Contents that are generated as a result of and during your use of AvaClone. To the extent that we are the intellectual property rights owner of such AI Contents, you are forbidden to use such AI Contents for commercial purpose without AvaClone’s expressive consent.
9.3.3 You acknowledge and accept that the AI language model in AvaClone may evolve based on user inputs, and thus impressions, values and biases received from AvaClone may be perpetuated or reinforced. All ideas, thoughts, feedback, responses, contents expressed in AvaClone are in no way attributable to us and/or our directors, executives, employees, and agents, and any potential liability for such contents and/or their expression is hereby explicitly excluded to the fullest extent permitted by applicable laws. In particular, we will not be responsible for any risk that is inherent in the operation of AI language model, including without limitation:
9.4 You and/or your child shall not under any circumstances use, delete without permission, cover up or alter any of our business logos including but not limited to the logo “AvaClone” (including the text, graph and combination of our and affiliated company’s logo, “AvaClone”, and the name of other logos, signs, and/or our Services), service marks, trade names, domain names, website names or other distinctive brand characteristics (the “Logos”). Without our prior written consent, you shall not display, use or apply for the registration of trademarks, domain names, etc. individually or in combination with any ways, nor shall you express or imply to others that you have the right to display, use, or otherwise have the right to dispose of such Logos, nor shall you engage in any other acts that would mislead others to believe that you are associated with such Logos. You shall be held fully liable for all losses and damages caused to us and/or others by you as a result of the use of such Logos in violation of these Terms.
9.5 You represent that all texts, images, data, information and other contents (“Licensed Contents”) uploaded by you and/or your child to AvaClone are owned by or legally authorized to you and/or your child and that you and/or your child have the right to upload the Licensed Contents as you do. You hereby authorize us to use such contents in the manner as agreed herein. The intellectual property rights of any contents uploaded by you and/or your child shall belong to you and/or your child or the original copyright owner per applicable laws. In case that any dispute arises out of or in connection with any Licensed Content uploaded by you and/or your child, you shall be solely responsible for resolving such dispute and all subsequent liabilities arising therefrom. In case that any third party claims any rights and/or interests in the Licensed Contents against us, you shall actively defend against the third party, on our behalf or, at our request, provide us with all necessary cooperation and assistance in defending against such third party (including but not limited to the provision of supporting documents, materials, information, etc. relating to the Licensed Contents). In case that any loss is caused to us as a result of any infringement or any other defects in rights of the Licensed Contents uploaded by you and/or your child, you shall compensate us for all losses caused thereby.
9.6 You understand and agree that, from the date of uploading the Licensed Contents to AvaClone and subject to applicable laws and our privacy practices, you and/or your child grant us a permanent, irrevocable, free of charge, perpetual, non-exclusive, sublicensable (multi-tiered) license (including but not limited to, all intellectual property rights such as the right of reproduction, communication through information networks, adaptation, compilation, modification, translation, making derivatives, performance and display except for the right of signature) to use the Licensed Contents worldwide, and to use, develop or license all or part of the Licensed Contents in any analysis of our Services. The scope of our rights includes, but is not limited to, all uses on all applications and end devices that may be available at present or in the future, such as smartphones, tablets, PCs, smart watches, smart screens, smart speakers, etc.
9.7 For the avoidance of doubt, the above license includes the use, reproduction, display and dissemination of the Licensed Contents owned by or licensed to you and/or your child for the purposes and in the manners permitted under these Terms.
10.1 This copyright policy applies to you if you submit content on a PARODIST AI L.L.C-FZ d/b/a AvaClone Mobile Application (“AvaClone”) service.
10.2 AvaClone respects the rights of all content creators and takes copyright seriously. It is our policy to respond to clear and valid notices of alleged copyright infringement. If you are a copyright owner and find content on a AvaClone service that infringes on your copyright, please submit a notice of infringement to our email in Contacts section.
10.3 Users of our services are prohibited from uploading, posting, or otherwise distributing through the services any content which may violate another party’s intellectual property rights. In other words, only submit your original work and not works created by someone else without their express authorization. Copying content from third party sources is copyright infringement and therefore prohibited on our services.
10.4 By submitting content to our services, you affirm that:
- You own the copyrights to the content or have express permission from the copyright owners to use and upload the content;
- Your uploading of the content will not violate any law, regulation, or ethic code, including but not limited to, if applicable, your school’s academic integrity policy;
- Uploading the content will not violate our Terms of Service or this Copyright Policy.
AvaClone will remove or disable access to user content if we are notified that it infringes on copyright. We will also terminate the accounts of those who repeatedly violate this Policy.
11.1 In accordance with the development of our business and to the maximum extent permitted by applicable laws and subject to the fulfillment of any mandatory requirements, we may change, suspend or terminate AvaClone and/or our Services at any time and from time to time, in which event we shall not be liable for breach of contract to you or any third party.
11.2 We have the right, for a good cause, to suspend or terminate your account or right to access or use AvaClone, or to delete or transfer what you have uploaded to or stored in AvaClone.
11.3 You understand and agree that you and/or your child will not be able to log in to your AvaClone account or check information in the account after we terminate our Services to you and/or your child. In such case, we will stop collecting and using your or your child’s personal information, and delete any information collected about you and/or your child, but other anonymized data and other data stipulated by laws and regulations will continue to be kept. Termination of our Services to you and/or your child will not prejudice your liability for breach of contract or any other cause to us and/or any third party prior to termination.
11.4 All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership and intellectual property rights provisions, disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if you and/or your child breach these Terms, our Privacy Policy, or our other rules and policies, we reserve the right to recover any amounts due and owing by you or to take legal actions including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you and/or your child.
11.5 We may amend these Terms at any time by posting the amended terms on AvaClone. It is your responsibility to review these Terms periodically. Your and/or your child’s continuously using of AvaClone following the posting of the revised Terms signifies that you accept and agree to the changes. You and/or your child are expected to check this page frequently so that you and/or your child are aware of any change, as they are binding on you and/or your child. If you do not agree to the revised Terms, you are no longer authorized to use AvaClone.
12.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT AVACLONE IS PROVIDED IN A FORM CONSISTENT WITH EXISTING TECHNOLOGY
AND CONDITIONS, THAT WE CANNOT GUARANTEE THAT IT IS FREE FROM DEFECTS, AND THAT WE DO NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES FOR AVACLONE AND/OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS
FOR CERTAIN PURPOSES, QUALITY, STABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, CONSISTENCY AND SAFETY. HOWEVER, WE UNDERTAKE TO CONTINUOUSLY IMPROVE THE QUALITY OF OUR SERVICES.
AVACLONE IS NOT A MEDICAL, PSYCHIATRIC OR ANY OTHER PROFESSIONAL ADVICE PROVIDER, NOR SHOULD OUR SERVICES BE CONSIDERED MEDICAL, MENTAL HEALTH OR OTHER PROFESSIONAL SERVICES. ONLY YOUR PHYSICIAN, HEALTHCARE PROVIDER OR OTHER PROFESSIONALS CAN DO THAT. THEREFORE, WE MAKE NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT OUR SERVICES WILL PROVIDE A THERAPEUTIC OR OTHER PRACTICAL BENEFIT.
12.2 In order to optimize product functions, improve user experience, and safeguard product security, we may update or upgrade AvaClone. In order not to affect your use of our Services, it is recommended that you update the software to the latest version.
12.3 To the fullest extent permitted by applicable laws, we do not provide warranties on the following matters:
- Due to technological limitations, we cannot guarantee that AvaClone and/or our Services are fully compatible with other software, hardware and/or systems, even if we have made our best efforts. In case of incompatibility, you may contact our Help Center for technical assistance. If the problem cannot be resolved, you may uninstall and stop using AvaClone;
- We do not warrant any matters related to the interruption of AvaClone, data loss, account loss, and damage to data in your account and other losses or risks which may be caused by force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government actions, and planning/adjustment/revision of AvaClone;
- For AvaClone software not downloaded and obtained from our official channels, we cannot guarantee their consistency, security and stability, nor can we guarantee that it has no computer virus, it has no disguised trojan horse program and other hacker software, nor do We assume any liabilities for any direct or indirect damages caused to you thereby;
- We do not guarantee the safety, reliability, timeliness and performance of AvaClone;
- We do not guarantee that AvaClone and/or any of our Services will meet your and/or your child’s expectations.
12.4 WE DO NOT UNDERTAKE ANY DIRECT, INDIRECT, INCIDENTAL, DERIVATIVE OR PUNITIVE DAMAGES FOR LOSS OF PROFITS,
BUSINESS REPUTATION, INFORMATION OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM:
- USE OR FAILURE IN USE OF AVACLONE AND/OR OUR SERVICES;
- ANY PRODUCT, INFORMATION OR SERVICE PURCHASED OR ACQUIRED THROUGH AVACLONE AND/OR OUR SERVICES;
- UNAUTHORIZED USE OR MODIFICATION OF USER DATA FOR ANY REASON THAT IS NOT CAUSED BY US;
- OTHER MATTERS RELATING TO AVACLONE AND/OR OUR SERVICES.
12.5 You shall take good care of your account. We shall not be liable for any loss, such as loss or decrease of the user’s rights and interests with regard to your account if the account is leaked, stolen or loss of usufruct for any reason not attributable to us.
12.6 We shall not be liable for any loss you incurred in connection with your failure in safeguarding your account or device, and/or any failure in retrieve of the account and the information thereunder due to lack of identity authentication or untruthful authentication information.
12.7 You understand and agree that you assume any and all risks associated with downloading and/or using AvaClone and/or our Services and all consequences arising from the use of AvaClone and/or our Services. To the maximum extent permitted by applicable laws, you and/or your child shall be solely responsible for any damage to the computer system or loss of data caused by downloading or using AvaClone.
12.8 You understand and agree that we have the right to make business changes, adjustments, and technical changes at our own discretion, and have the right to modify, suspend or terminate AvaClone and/or our Services at any time, without notifying you, and without assuming any liabilities for you or a third party, unless otherwise provided by applicable laws or agreed by both parties.
12.9 Subject to applicable laws, we shall be entitled to delete, block, or disconnect links as appropriate for your and/or your child’s violation or suspected violation of applicable laws and these Terms in our own judgment, and stop providing services to you and/or your child or terminate your account. We also shall have the right to keep relevant information in accordance with applicable laws and to report it to the law enforcement or regulatory authorities.
12.10 WE ARE ONLY RESPONSIBLE FOR THE DIRECT LIABILITY EXPRESSLY PROVIDED FOR HEREIN. UNLESS OTHERWISE PROVIDED HEREIN, THE TOTAL LIABILITIES THAT WE SHALL BE RESPONSIBLE FOR HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES CHARGED BY US FOR OUR SERVICES TO YOU AND/OR YOUR CHILD.
12.11 IN ADDITION TO SECTION 12.4 ABOVE, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INTEREST, INTERRUPTION OF BUSINESS, LOSS OF MATERIALS) CAUSED BY ANY ACTS FOR ANY REASON WHATSOEVER, NO MATTER THE DAMAGES ARE FORESEEABLE OR NOT, AND REGARDLESS OF THE FORM OF CONDUCT.
12.12 To the extent permitted by applicable laws, you agree to defend (at our option), indemnify and hold us and our service providers, suppliers, and licensors, and each of our respective officers, directors, employees and agents, including all third parties mentioned, or included in AvaClone and/or our Services, harmless from any and all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or damages, including without limitation to reasonable legal and accounting fees, resulting from or related to:
- your breach of any provision of these Terms;
- your use of AvaClone and/or our Services; or
- your violation, alleged violation or misappropriation of any intellectual property rights.
12.13 By accepting these Terms you waive all rights and agree to hold us harmless from any claims resulting from any actions taken by us during or as a result of investigations by either us or any law enforcement or regulatory authorities.
12.14 You shall use your best efforts to cooperate with us in the defense of any such claims. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of AvaClone and/or our Services.
13.1 To the extent permitted by applicable laws, you agree to indemnify and hold harmless us and/or our officers, directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of these Terms or our Privacy Policy.
14.1 These Terms shall be governed and construed by the laws of England and Wales.
14.2 To the fullest extent permissible by law, any dispute of any kind between you and us in connection with or arising out of your use of our Services shall be resolved through friendly negotiations. In case of failure of such negotiations, any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre Arbitration Rules, by one arbitrator appointed in compliance with the Rules.
14.3 UNLESS YOU OPT OUT AND EXCEPT OTHERWISE PROVIDED IN THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you have any question, comment, or suggestion regarding AvaClone, these Terms, or our Privacy Policy, please contact us through sending an email to avacloneai@gmail.com