Terms and Conditions of Use

1. Purpose and scope

These Terms and Conditions of Use and, where a paid transaction is concerned, of Sale (the “Terms”) govern the relationship between IA‑VATAR and any person accessing the Website or using the Services.

They apply to visitors, members, consumers, professional customers, creators, avatar users and Social Network users. Certain functions may be governed by specific terms, a quotation, an order form or a separate agreement.

2. Publisher and operator

IA‑VATAR is a service designed and marketed by XV‑PROD / Rivieramedias.

• Publisher: Rivieramedias
• French business identification number (SIREN): 351 554 894
• Registered office: 50 boulevard Stalingrad – Le Port, 06300 Nice, France
• Publication director: X. Vuillemin
• Contact: contact@ia-vatar.com

IA‑VATAR is a distinct brand and service environment. These Terms apply exclusively to IA‑VATAR and replace, for these Services, any previous general reference to the XV‑PROD terms, except where an order is expressly concluded through an XV‑PROD infrastructure and refers to supplementary specific terms.

3. Definitions

Avatar: a visual, audio or interactive virtual identity. Skin: a standard appearance offered in the IA‑VATAR catalogue. Custom Avatar: an avatar specifically created at a customer’s request. Production: any video, audio, text, image, broadcast or other content made by the User through the Services. Account: a personal area providing access to all or part of the Services. AI Studio: the creation, voice synthesis, editing and broadcasting environment. Social Network: the virtual-identity and member presentation, location, discovery or interaction service. User Content: any item supplied, imported, entered, recorded or published by the User.

4. Acceptance and legal capacity

The User must read these Terms before using the Services and represents that they have the legal capacity to accept them. A person acting for a company, association or other organisation warrants that they are authorised to bind it.

Paid and professional functions may only be used by authorised persons. Where a function is reserved for adults, professionals or Premium subscribers, the User must not circumvent that restriction.

5. Access, registration and account security

Some pages are freely accessible; other functions require an Account, subscription, invitation or password. The User must provide accurate, current and complete information and keep it updated.

Credentials are personal and confidential. Transactions made through an Account are presumed to have been made by its holder unless proved otherwise. Any loss, disclosure or unauthorised use must be reported without delay. IA‑VATAR may require a reset, suspend compromised access or request reasonable identity verification.

6. Description of the Services

Depending on the selected offer, IA‑VATAR may provide:

• browsing and selection of catalogue skins;
• creation and configuration of standard or custom avatars;
• generation or synchronisation of voices, text, images and video;
• editing, previewing, importing, exporting and broadcasting Productions;
• integration of an avatar into a page or website;
• access to demonstrations, professional tools and Premium features;
• profile creation and participation in the Social Network;
• consulting, configuration, production and support services.

Demonstrations, mock-ups, simulations and experimental functions illustrate an intended operation and do not promise that a function will remain permanently available in exactly the same form.

7. Orders, prices and payment

The essential characteristics, price, duration and limits of an offer are those displayed at the time of ordering or stated in an accepted quotation. Prices are expressed in the indicated currency. Applicable taxes, charges and payment arrangements are shown before confirmation.

The Customer must check the order before confirming it. A custom order becomes final only after acceptance of the quotation and, where applicable, payment of the required deposit. Failed or rejected payment may result in suspension without affecting amounts already due.

Usage beyond included time, credits, storage, generation or broadcasting quotas may be invoiced at the rate stated in the offer. No unannounced paid overage will intentionally be incurred for a consumer without information or consent where required.

8. Subscriptions, renewal and cancellation

A subscription gives access to the features and quotas of the selected plan for the stated period. Unless otherwise indicated, it renews according to the stated billing cycle until cancelled.

Cancellation prevents future renewal but, except where mandatory law or the offer provides otherwise, does not refund the current period. Access normally remains available until the end of that period. Unused minutes, credits or allowances are not carried forward or refunded unless expressly stated.

When a subscription ends, Premium functions, hosting, publication and licensed-skin use may cease. The User must export their Productions within any stated period. Provisions concerning rights, payments, liability and content survive termination where their nature so requires.

9. Consumer right of withdrawal

Where legally applicable, a consumer has fourteen days to exercise the right of withdrawal, calculated from conclusion of the contract or receipt of the goods according to the nature of the transaction.

If the consumer requests performance before the period expires, they may owe the proportionate amount for the service already supplied. Subject to statutory requirements and the required express consents, withdrawal may be excluded for immediately supplied digital content, fully performed services or clearly personalised goods.

A withdrawal request must unambiguously state the consumer’s decision and include information identifying the order. It may be sent to the address in Article 28.

10. Catalogue skins: licence to use

Unless otherwise agreed in writing, the licence is personal or limited to the customer entity, non-exclusive, non-transferable, non-sublicensable and revocable following a breach. It permits use of the skin within the Services and lawful distribution of Productions created with it.

The User must not resell, rent, transfer, extract, distribute, make available, train a model from, re-list, register as a trade mark or present the skin itself as an exclusive creation. More than one user may select the same catalogue skin.

When the licence ends, no new work may be created with the skin and its source files may not be independently exploited. This does not retrospectively erase Productions lawfully created and published during the licence, subject to third-party rights and the selected offer.

11. Custom-made avatar: Customer ownership

This allocation applies to the personalised result expressly identified as a deliverable. It does not transfer tools, software, methods, generic models, know-how, interfaces, engines, libraries, fonts, third-party voices, music, licensed elements, open-source components, provider services or pre-existing IA‑VATAR materials.

The quotation or order form specifies whether source files, 3D models, prompts, datasets, voices, variants and exclusivity rights are included. Unless stated otherwise, only the final deliverables supplied to the Customer are covered.

The Customer warrants that all required permissions have been obtained where the requested avatar reproduces a person, brand, character, clothing, voice or other protected element. IA‑VATAR may refuse a request that creates a legal, ethical or reputational risk.

12. Ownership of User Productions

IA‑VATAR claims no ownership of the User’s original script, message, edit or creation. The User may exploit lawful Productions in accordance with their offer. This rule does not turn a licensed skin into User property or transfer rights in third-party music, images, voices, logos or other material.

Where the law does not recognise exclusive rights in an automatically generated element, IA‑VATAR cannot guarantee that exclusive copyright may be claimed. The User must assess legal and commercial availability before any significant exploitation.

13. Image rights, voice and consent

The User may import, reproduce, clone, synthesise or make use of a real person’s likeness or voice only with valid, informed permission appropriate to the intended use. Evidence of that permission must be retained and supplied following a serious report.

Identity theft, covert voice cloning, deceptive or malicious deepfakes, false endorsements, electoral manipulation, harassment, reputational harm, non-consensual pornography and sexualised use of a minor’s likeness are prohibited.

The virtual or synthetic nature of content must be disclosed where required by law, platform rules, context or fair dealing with the audience.

14. User Content

The User retains rights in their Content and grants IA‑VATAR, for the period needed to provide the Service, a non-exclusive technical licence to host, copy, convert, format, process, transmit and display it solely to perform and secure the Service and comply with law.

The User warrants that Content is lawful, accurate where presented as factual, free from malware and supported by all necessary rights. The User is solely responsible for backups, publication and destination.

IA‑VATAR will not publicly use a private Production as a commercial reference without permission, unless the User has already made it public and its reuse is lawful, or separate consent has been given.

15. Prohibited uses

The Services must not be used to:

• breach any law, court order, intellectual-property right, image right, privacy right or trade secret;
• deceive the public about a person’s identity, manufacture false evidence or commit fraud;
• distribute hateful, terrorist, child-abuse, non-consensual, defamatory, threatening or violent content;
• present medical, legal or financial output as professional advice without competent review and appropriate warnings;
• automate spam, manipulate audiences, unlawfully collect data or evade platform rules;
• probe, attack, overload, reverse engineer or circumvent security, access controls, quotas or watermarks;
• resell access, share credentials, scrape the catalogue or train a competing system without written consent.

16. Social Network and member interactions

The User chooses information displayed on a profile and understands that public material may be viewed, saved or shared by others. Unnecessary sensitive contact details should not be published.

Maps, geolocation and profiles are intended for discovery and contact. Locations may be approximate. IA‑VATAR does not guarantee a member’s identity, reliability, competence or conduct and is not party to transactions between users.

Members must act fairly, respect consent and report abuse. IA‑VATAR may restrict a profile or remove content that breaches these Terms.

17. Nature and limitations of artificial intelligence

Artificial-intelligence systems are probabilistic. A response, voice, animation or image may be inaccurate, incomplete, unexpected or contain artefacts. Demonstrations do not replace professional analysis.

The User must review, listen to, check and approve every Production before publication, especially where it concerns a person, brand, sensitive information or important decision. IA‑VATAR does not guarantee total absence of error, absolute originality or suitability for a purpose not expressly agreed.

18. Reporting, moderation and cooperation

Without being under a general monitoring obligation, IA‑VATAR may investigate a report, preserve evidence, restrict content, suspend a function or provide information lawfully required by competent authorities.

A person alleging infringement must provide their identity, the content and location concerned, grounds and supporting evidence. Manifestly abusive reports may expose their author to liability.

19. Availability, maintenance and providers

IA‑VATAR uses reasonable efforts to make the Services available but does not guarantee uninterrupted availability. Maintenance, updates, incidents, providers, the Internet or force majeure may cause interruptions.

Some functions rely on third-party payment, hosting, synthesis, broadcasting, social-media or AI services. Changes or unavailability may require a function to be adapted, replaced or withdrawn. Where reasonably possible, IA‑VATAR will seek to preserve equivalent functionality.

20. Personal data, cookies and security

Personal data is processed to provide and secure the Services, manage accounts, orders, subscriptions, communications, legal obligations and support requests. Details of purposes, legal bases, retention, recipients and individual rights appear in the privacy or GDPR policy linked in the footer.

Subject to statutory conditions, individuals may have rights of access, correction, erasure, restriction, objection and portability. Non-essential cookies are subject to User choice where consent is required.

No system provides absolute security. Users should avoid submitting unnecessary sensitive or confidential data to generation fields and must retain their own backups.

21. IA‑VATAR intellectual property

The Website, IA‑VATAR brand, logos, interfaces, text, structure, databases, software, engines, functions, graphics, skins, demonstrations and documentation are protected and remain the property of their respective rights holders.

These Terms grant no right other than the limited permission to use the Services under the selected offer. Unauthorised reproduction, substantial extraction, adaptation, imitation, resale or exploitation is prohibited.

Suggestions may be considered without compensation, provided they contain no confidential information or third-party rights.

22. Confidentiality and business information

Each party protects non-public information identified as confidential or reasonably understood to be confidential. This does not cover information already public, lawfully known, lawfully obtained from a third party or required to be disclosed by law.

Specific professional terms may impose stronger confidentiality obligations. Unless agreed in writing, the standard Service must not be used as a vault for strategic secrets, health data or information subject to special regulatory requirements.

23. Warranties and liability

IA‑VATAR performs its obligations under applicable law. Nothing limits mandatory consumer rights or liability for personal injury, gross negligence, fraud or any liability that cannot lawfully be excluded.

The User is responsible for instructions, Content, permissions, approvals, publications, audience relationships and platform compliance. The User bears the consequences of publishing without review or modifying a deliverable after delivery.

For professional Users, except in cases of gross negligence or mandatory law, IA‑VATAR’s aggregate liability for an event is limited to direct, foreseeable and proven loss and to the amount excluding tax actually paid for the affected Service during the preceding twelve months. Indirect loss and loss of revenue, customers, opportunity, reputation or data are excluded where legally permissible.

24. Suspension and closure

IA‑VATAR may immediately suspend access where there is a security risk, non-payment, suspected fraud, third-party infringement, authority request or serious breach. Where circumstances permit, the User will be informed and allowed to respond.

A remediable breach may be subject to formal notice. A serious or unremedied breach may result in termination without affecting outstanding payments or possible damages.

25. Communications, evidence and records

Computer records, emails, technical logs, order confirmations and connection data kept under reasonable conditions may serve as evidence, without preventing the User from providing contrary evidence.

Notices are sent to the Account contact details. The User must keep them current and review messages and notices displayed in their personal area.

26. Changes to Services and Terms

IA‑VATAR may amend the Services and Terms to reflect improvements or technical, economic, legal or security changes. The revision date appears at the beginning.

Where a change materially affects a current subscription, the User is informed within a reasonable period and receives the rights provided by law or specific terms. If a clause is invalid, the remaining clauses continue to apply.

27. Governing law, complaints and disputes

These Terms are governed by French law. Complaints must first be sent in writing with enough information to identify the Account, order and issue.

After a prior written complaint remains unresolved, a consumer may use the competent consumer mediator free of charge, whose details will be communicated in accordance with applicable requirements. The consumer retains the right to bring proceedings before the competent court.

For business-to-business disputes, the courts having jurisdiction over the publisher’s registered office shall have jurisdiction, subject to mandatory law or a contrary written agreement.

28. Contact