Terms of Service
1) Acceptance of These Terms
These Terms of Use (the “Terms”) are a binding agreement between you and Arena (“Arena,” “we,” “us,” or “our”) governing your use of our websites, web interfaces, tools, and services, including the AI Avatar product (collectively, the “Services”). By accessing or using the Services in any way, you agree to these Terms and to policies referenced here (e.g., our Privacy Policy, Copyright/DMCA Policy, and Community Guidelines). If you do not agree, do not use the Services.
2) Changes to These Terms
We may update these Terms and the Services from time to time (e.g., feature changes, legal or security reasons). We will use reasonable efforts to provide notice of material changes (e.g., email, in-product notice, or on our site). Continued use after changes become effective constitutes acceptance. If you do not agree, you must stop using the Services.
3) Eligibility, Accounts, and Security
You must be at least 13 years old (or the age of digital consent in your jurisdiction). If you are 13–17, you represent that you have parental/guardian consent. You agree to provide accurate registration information, keep your credentials secure, and are responsible for all activity under your account.
4) Usernames & Vanity URLs; Reclaim
Choose a username/vanity URL that is accurate, lawful, non-infringing, and appropriate (no impersonation, trademark/copyright violations, hate, vulgarity, or handle/domain squatting). Arena may require changes or may reassign a username/vanity URL that (a) infringes or violates rights, (b) is misleading or abusive, or (c) has been inactive for six (6) months or more (no login, link updates, or material traffic).
5) Automated Accounts
You may not create, access, or manage accounts using bots, scripts, or other automated means (including bulk or serial sign-ups) except with Arena’s prior written permission.
6) What AI Avatar Does (and Doesn’t) Do
AI Avatar allows you to: (a) ingest content (e.g., social posts, text you authored, audio you recorded), (b) generate a clone of your own voice and persona, and (c) deploy an avatar that clearly discloses it is an AI clone and interacts with your audience as an engagement tool.
- Transparency is mandatory. You must clearly and conspicuously inform your audience that the avatar is an AI clone and not a human speaking live. You may not use the Services to deceive, impersonate, or mislead.
7) Your Content & Responsibilities
“User Content” means anything you submit, upload, stream, link, or otherwise provide to the Services (including knowledge-base inputs, audio, scripts, prompts, links/cards, affiliate offers, product listings, and avatar interactions). You represent and warrant that you own or have all necessary rights, permissions, and licenses to provide User Content and to enable Arena to process it under these Terms. You are solely responsible for:
- the accuracy, legality, and completeness of User Content;
- all outputs and conversations produced by your avatar; and
- any links, cards, affiliate programs, or commerce you configure, including required FTC disclosures, taxes, refunds, chargebacks, and customer support.
Arena does not control or endorse User Content, avatar outputs, or external offers, and is not responsible or liable for them. See §§21–22.
8) License to Arena
To operate and improve the Services, you grant Arena a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, transmit, display, and otherwise use User Content solely to provide, secure, maintain, and improve the Services as described in these Terms and our Privacy Policy. You retain ownership of your User Content.
9) Prohibited Uses
You may not use the Services to: (a) impersonate or mislead; (b) clone or simulate any third party’s voice, likeness, or persona without valid written permission; (c) violate IP, publicity, privacy, or other rights; (d) generate or distribute unlawful, harassing, hateful, exploitative, or otherwise abusive content; (e) circumvent disclosures that an interaction is AI-generated; (f) remove notices, reverse engineer, or attempt to access source code except as allowed by law; (g) introduce malware, scrape without permission, or interfere with the Services.
10) Mini-Page, Links, and Commerce Features
The Services include a mini-page experience (similar to link aggregators) where you may add links, cards, storefront items, affiliate offers, and other modules.
- Third-Party Sites & Offers. External sites, offers, and processors you connect are not controlled by Arena. We do not endorse and are not responsible for their availability, security, accuracy, policies, fulfillment, refunds, chargebacks, or support. All dealings are solely between you and the third party.
- Seller of Record. Unless Arena expressly states otherwise in writing, you are the seller of record for products/services you offer via your mini-page. You are responsible for listings, pricing, taxes, legal disclosures, fulfillment, quality, customer support, refunds, returns, chargebacks, and payment-network compliance.
- Donations/Tips. If you enable voluntary support features, donations are gratuitous (no goods/services required). Do not use donation features to fundraise for charities or causes unless permitted by law and expressly authorized by Arena.
- Advertising & Endorsement Disclosures. If you post affiliate links or paid partnerships, you must make clear and conspicuous disclosures compliant with applicable laws (e.g., U.S. FTC Endorsement Guides) and platform rules. You may not remove, hide, or tamper with any disclosure labels that Arena provides.
- Prohibited Conduct. Do not post malware, scraping tools, or unauthorized ads/solicitations, or otherwise misuse the mini-page.
11) Fees and Subscriptions
If you purchase a paid plan, you authorize us (and our payment processors) to charge fees and applicable taxes. Subscriptions renew automatically until canceled. Except where required by law or expressly stated otherwise, fees are non-refundable. Plan features or pricing may change with reasonable advance notice for materially adverse changes.
12) Privacy
Please review our Privacy Policy for how we collect, use, and share information. By using the Services, you consent to those practices.
13) Children’s Privacy (COPPA)
We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information, contact us at [legal@myavatar.ai]; we will promptly delete it.
14) Profile Visitors and End-User Data
You are responsible for how you collect, use, and share data from visitors interacting with your mini-page, including contact forms, subscriptions, and purchases. You must provide all legally required notices/disclosures and obtain necessary consents (e.g., email/ads/telemarketing rules). If Arena offers a Data Processing Addendum (DPA), it is incorporated by reference where applicable; you agree to execute/accept it if required.
15) Data & Analytics
Arena may generate and own aggregated and de-identified analytics about use of the Services (“Analytics”). We may provide dashboards or reports derived from Analytics without warranty and may use Analytics to operate, secure, and improve the Services.
16) Copyright & DMCA
If you believe content infringes your copyright, submit a DMCA notice to [legal@myavatar.ai] with all required elements (17 U.S.C. §512). We may remove content and terminate repeat infringers.
17) Right-of-Publicity & Replica Complaints
In addition to DMCA processes, Arena may remove or disable access to alleged unauthorized voice/likeness/persona replicas upon receipt of a complaint invoking right-of-publicity or similar laws and may suspend repeat violators.
18) Service Changes; Availability
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable for any unavailability or loss of data. You are responsible for maintaining backups of your User Content.
19) Intellectual Property; Feedback
The Services and all Arena materials are owned by Arena or its licensors and are protected by IP laws. You may not copy, modify, or create derivative works of the Services. If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
20) Termination
You may stop using the Services at any time. We may suspend or terminate access immediately if you breach these Terms or for other legitimate reasons. Upon termination, your rights under these Terms end, but sections that by nature should survive (including §§7–11, 15–17, 19, 21–27) will survive.
21) Disclaimers
THE SERVICES (INCLUDING AI AVATAR OUTPUTS AND ANY LINKS/CARDS YOU DEPLOY) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ARENA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. ARENA DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, USER CONTENT, AVATAR INTERACTIONS/OUTPUTS, OR THIRD-PARTY SITES/PRODUCTS YOU LINK OR PROMOTE.
22) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, ARENA’S TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ARENA IN THE 12 MONTHS BEFORE THE EVENT OR (B) USD $100.
23) Arbitration Agreement; Class Action Waiver
You and Arena agree to resolve disputes by binding individual arbitration under the Federal Arbitration Act, administered by [JAMS/AAA] under its applicable rules, in [County, State] (or by video/phone if in-person is impractical). No class or representative actions; only individual claims may be arbitrated. A court of competent jurisdiction may enter judgment on the award.
Opt-Out: You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing [legal@myavatar.ai] with subject “Arbitration Opt-Out” and your full name and account email.
24) Indemnification
You will defend, indemnify, and hold harmless Arena and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your User Content; (b) your avatar’s conversations or outputs; (c) your links/cards, affiliate activities, or products; (d) your breach of these Terms; or (e) your violation of any law or third-party rights (including IP, publicity, and privacy).
25) Export; Sanctions
You must comply with U.S. export control and sanctions laws (e.g., EAR, OFAC). You may not use the Services in embargoed regions or by prohibited parties.
26) Open-Source Notices
The Services may include open-source components subject to their own licenses. To the extent an open-source license conflicts with these Terms for a component, the open-source license controls for that component. Open-source notices will be posted on our website’s legal page or documentation.
27) Miscellaneous
- Governing Law. These Terms are governed by the laws of the State of [Choose: Delaware/California], excluding conflicts-of-law rules, and by applicable U.S. federal law.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset sale.
- Entire Agreement; Order of Precedence. These Terms (plus referenced policies) are the entire agreement between you and Arena regarding the Services. If you are a creator using monetization or advanced cloning features, the Creator Terms of Service supplement these Terms; in creator-specific conflicts, the Creator Terms control.
- Severability; No Waiver. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
- Compliance Representations. You represent you are not on any restricted list and will comply with applicable laws.