Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("User", "you", "your") and [BuildAvatar legal entity name] ("BuildAvatar", "we", "us", "our"), the operator of the BuildAvatar platform available at https://buildavatar.ai (the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of these Terms and who we are

By accessing or using the Service, creating an account, or claiming an Avatar, you agree to be bound by these Terms and by any documents expressly incorporated by reference, including our Acceptable Use Policy and Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

BuildAvatar is operated by [BuildAvatar legal entity name], with its registered address at [registered address]. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

2. Eligibility (18+)

The Service is strictly for adults. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to access or use the Service. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Service does not violate any applicable law. The Service is not offered to, and may not be used by, anyone under 18.

3. Changes to these Terms

We may modify these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (for example, by email or through the Service). Changes are effective when posted, unless we state otherwise. Your continued access to or use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

4. Electronic communications and consent

By creating an account or using the Service, you consent to receive communications from us electronically, including transactional and service-related messages sent to the email address associated with your account (for example, verification emails, security notices, and important updates about the Service). You agree that electronic communications, notices, and disclosures satisfy any legal requirement that such communications be in writing. Transactional email is delivered through our email provider, Resend. You are responsible for keeping your email address accurate and current. You may adjust certain optional communication preferences where the Service makes such controls available; however, you cannot opt out of communications reasonably necessary to operate your account or the Service.

5. What BuildAvatar is and how it works

BuildAvatar is a platform where you design and claim a trained AI avatar (an "Avatar", also referred to as a "Creator") and receive access to:

• a Studio, where you can preview your Avatar and run edits on it; and
• a Resource Hub (the "Hub"), a library of operator training materials and prompts.

The general flow is: you build an Avatar by making trait selections; you claim that Avatar to reserve it exclusively to you; you use the Studio to preview and edit it; and you use the Hub to learn how to operate it.

Important product boundary. BuildAvatar provides the Avatar together with the associated education and tools. BuildAvatar is not a subscription, payment, or monetization platform.

• Content is created on TJP (https://tjp.com), a separate studio operating under its own terms.
• Monetization — including subscriptions, pay-per-view, tips, and messaging — happens on Fanplace (https://fanplace.com), a separate platform operating under its own terms.

BuildAvatar never processes subscriber payments and is not a party to any monetization transaction. See Section 8 for more detail on our relationship to TJP and Fanplace.

6. Account registration

To use the Service you must create an account.

• Email and password. An account consists of an email address and a password. You are responsible for choosing a strong password and for keeping it confidential.
• Email verification. Email verification is required. You must verify your email address before your account is fully enabled.
• Accurate information. You agree to provide accurate, current, and complete information and to keep it up to date. You must not impersonate any person or misrepresent your affiliation with any person or entity.
• One Avatar per account. Each account may build and claim one Avatar. You may not create multiple accounts to circumvent this limit or any other restriction in these Terms.
• Account security. You are responsible for all activity that occurs under your account. You must promptly notify us at [email protected] if you become aware of any unauthorised use of your account or any other breach of security. We are not liable for any loss arising from unauthorised use of your account where you have failed to safeguard your credentials.

7. Claiming an Avatar

"Claiming" an Avatar reserves that specific Avatar exclusively to you.

• Exclusivity. Once you claim an Avatar, it is held for you and is not made available to other users while your claim is valid.
• 72-hour window. To complete setup, you must create and verify a Fanplace account. A claimed-but-unverified Avatar is held for 72 hours. If setup is not completed within that window, the Avatar is released back to the available pool and your claim lapses.
• Identity verification is performed by Fanplace. Identity verification is completed on Fanplace, using Fanplace and its third-party verification providers, under Fanplace's own terms and privacy policy. BuildAvatar does not perform identity verification and does not collect government ID, passport, selfie-with-ID, or bank details.
• Release if not completed. If the required Fanplace account creation and verification are not completed within the 72-hour window, your claim is released and the Avatar becomes available to others. We are not responsible for the availability of any particular Avatar after a claim lapses.

8. Relationship to TJP and Fanplace

TJP and Fanplace are separate services operated by third parties, each with its own terms of service, creator agreements, and privacy policies.

• TJP is the content studio where content is created.
• Fanplace is the platform where monetization occurs and where identity verification is completed.

Monetization is governed entirely by Fanplace. All monetization — including subscriptions, pay-per-view, tips, and messaging — is governed by Fanplace's terms and its creator agreement, not by these Terms. BuildAvatar is not a party to any monetization transaction, does not process subscriber payments, and receives no monetization funds on your behalf.

Your use of TJP and Fanplace is subject to their respective terms. We are not responsible for the acts, omissions, content, availability, policies, or practices of TJP, Fanplace, or their providers. Any dispute arising from your use of TJP or Fanplace is between you and the relevant third party.

9. Our rights

We reserve the right, at our discretion and to the extent permitted by law, to:

• modify, suspend, or discontinue the Service (or any part or feature of it), and to modify, suspend, or terminate your account or access, with or without notice;
• monitor use of the Service for security, abuse-prevention, compliance, and operational purposes;
• remove, restrict, or refuse any content or activity that we believe violates these Terms, the Acceptable Use Policy, or applicable law, or that we otherwise deem inappropriate;
• investigate suspected violations of these Terms and take appropriate action; and
• cooperate with law enforcement and other authorities, and respond to lawful requests, as we deem necessary or appropriate.

We are not obligated to monitor the Service, and any decision to do so does not create an obligation to monitor further or to remove any particular content.

10. AI-generated content notice

The Avatar is an AI-generated, trained model (a LoRA). It is a synthetic character and does not depict a real, identifiable person. Images and other outputs produced through the Studio are generated by artificial intelligence and may contain inaccuracies, artefacts, or unexpected results. You acknowledge the synthetic, AI-generated nature of the Avatar and its outputs, and you agree not to represent the Avatar as a real individual or to use it in a way that would deceive others as to its nature where such deception is unlawful or harmful.

11. Intellectual property

• Our property. The Service — including the platform, software, user interfaces, Hub materials, trademarks, and the underlying Avatar models — is owned by us and our licensors and is protected by intellectual property and other laws. Except for the limited licence granted below, no rights are transferred to you.
• Your licence to your Avatar. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Avatar you have claimed, and outputs generated from it through the Studio, for lawful purposes consistent with these Terms and the Acceptable Use Policy.
• Your responsibility for use of generated content. You are solely responsible for how you use the Avatar and any generated content, including ensuring that your use complies with applicable law and the terms of any platform on which you publish or monetize. Where you introduce third-party material (for example, reference images, prompts, or other inputs), you are responsible for obtaining all necessary rights, permissions, and clearances, and you represent that you have them.
• Feedback. If you provide us with suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

12. Acceptable use

Your use of the Service is subject to our separate Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to comply with the Acceptable Use Policy at all times. A violation of the Acceptable Use Policy is a violation of these Terms and may result in removal of content, suspension, or termination of your account.

13. Disclaimers of warranties

THE SERVICE, THE AVATAR, THE STUDIO, THE HUB, AND ALL CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY AVATAR OR OUTPUT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE MAKE NO WARRANTIES REGARDING TJP, FANPLACE, OR ANY OTHER THIRD-PARTY SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BUILDAVATAR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED [liability cap, e.g. USD 100].

Because monetization occurs on Fanplace and content creation occurs on TJP, we have no liability for any monetization outcome, payment, chargeback, or transaction, all of which are governed by the applicable third-party platform. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless BuildAvatar and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms or the Acceptable Use Policy; (c) your violation of any applicable law or the rights of any third party, including intellectual property or privacy rights; (d) any third-party material you introduce; or (e) your use of TJP, Fanplace, or any other third-party service.

16. Governing law and dispute resolution

These Terms are governed by the laws of [jurisdiction], without regard to its conflict-of-laws rules. You and BuildAvatar agree that the courts located in [venue] will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to the personal jurisdiction of those courts, except where applicable law provides otherwise. Nothing in this section limits any mandatory consumer-protection rights available to you under the law of your place of residence.

17. Waiver, severability, and entire agreement

• Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Entire agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, and any other documents incorporated by reference, constitute the entire agreement between you and BuildAvatar regarding the Service and supersede any prior agreements on that subject.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets.

18. Contact

If you have questions about these Terms, you can contact us at:

• General and support: [email protected]
• Privacy: [email protected]
• Legal notices and DMCA designated agent: [email protected]

[BuildAvatar legal entity name], [registered address].