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Terms of Service

Avartan · avartan.ai · avartan.com.au — Effective date: 11 August 2026 · Last updated: 14 August 2026

Plain-English summary (not a substitute for the full terms): Avartan helps you generate short-form marketing content with AI and publish it to social platforms. You own the content you create; you're responsible for what you publish and for complying with each social platform's rules. AI output can be wrong or similar to others' output — review before posting. Subscriptions renew automatically; credits and usage limits apply. We can suspend accounts that abuse the service.

These Terms of Service ("Terms") are a binding agreement between you and Innovation Engine Global Pty Ltd (ABN 94 668 670 675) ("Avartan," "we," "us") governing your use of the avartan.ai and avartan.com.au websites, applications, APIs, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, Acceptable Use Policy, and Copyright Policy, which are incorporated by reference.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. The Service

Avartan is an AI-powered organic marketing platform that:

  • generates a brand profile from your website and inputs;
  • generates short-form content (images, videos, slideshows, text, AI-avatar videos) using artificial intelligence;
  • surfaces trending third-party content for inspiration and "remixing" (creating new, structurally-inspired content — not copying);
  • schedules and publishes content to third-party social platforms (e.g. TikTok, Instagram, YouTube) that you connect;
  • provides analytics on published content and, optionally, on your website via a tracking script;
  • offers optional add-ons such as managed social accounts, an API, and AI credits.

We may add, change, or remove features at any time. Material reductions to paid functionality will be communicated in advance where reasonably practicable.

2. Eligibility and Accounts

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. The Service is not directed at children.
  • You must provide accurate registration information and keep it current.
  • You are responsible for all activity under your account and for keeping credentials secure. Notify us immediately at [email protected] of any unauthorized use.
  • One person or entity may not maintain accounts for the purpose of evading usage limits, bans, or platform restrictions.

3. Your Content and Inputs

"Your Content" means content you upload (media, demo videos, brand assets, scripts, face/likeness images) and content generated by the Service at your direction ("Output").

  • Ownership. As between you and Avartan, you own Your Content, including Output, to the extent permitted by applicable law. We claim no ownership of it.
  • License to us. You grant Avartan a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify, and transmit Your Content solely to (a) operate and provide the Service (including publishing to platforms you connect), (b) prevent abuse, and (c) comply with law. This license ends when you delete the content or your account, except for copies in routine backups and content already published to third-party platforms at your direction.
  • Your responsibility. You represent that you have all rights needed for anything you upload, including rights to any person's likeness, voice, music, trademarks, or footage. Do not upload content you do not have rights to use.

4. AI-Generated Content

You acknowledge and agree that:

  1. Output may be inaccurate. AI systems produce content that may be false, misleading, or unsuitable. You must review all Output before publishing. You are solely responsible for content you publish.
  2. Output may not be unique. Similar prompts may produce similar output for other users. We do not warrant that Output is original or non-infringing, and copyright protection for AI-generated works varies by jurisdiction.
  3. Likeness and avatars. If you create AI influencers or avatars from a real person's image or voice, you must have that person's documented, informed consent. You may not create avatars of public figures or third parties without authorization. See the Acceptable Use Policy.
  4. Disclosure obligations. You are responsible for complying with disclosure requirements that apply to your published content, including advertising-disclosure rules (e.g. FTC endorsement guides), platform rules on AI-generated or synthetic media labeling, and any applicable laws on deepfakes or manipulated media.
  5. Third-party AI providers. Output is generated using third-party AI models. Your inputs may be processed by those providers as described in our Privacy Policy. We do not permit providers to use your inputs to train their generally-available models except as disclosed there.

5. Trend Library and Remixing

The Service displays third-party social content ("Inspiration Content") for reference and analysis. You agree that:

  • Inspiration Content belongs to its respective creators and platforms. Display within the Service is not a license to copy it.
  • The remix feature is designed to produce new content inspired by the structure, format, or hook style of trending content — not reproductions. You must not use the Service to republish, closely imitate, or create derivative works of any specific third-party post without authorization.
  • You are solely responsible for ensuring your published content does not infringe third-party rights. See our Copyright Policy for infringement reports.

6. Connected Social Accounts and Publishing

  • You may connect third-party social accounts (TikTok, Instagram, YouTube, etc.). You represent that you are authorized to operate each connected account.
  • Platform terms apply. Your use of each platform through Avartan is governed by that platform's own terms, and you are responsible for complying with them (including content policies, posting limits, and commercial-use rules). We may enforce posting limits within the Service to protect your accounts and our platform access, and we may change these limits at any time.
  • YouTube. If you connect a YouTube account, you also agree to the YouTube Terms of Service. Google's Privacy Policy (https://policies.google.com/privacy) describes Google's handling of your data. You can revoke Avartan's access via Google security settings (https://myaccount.google.com/permissions).
  • No guarantee of distribution. We do not control platform algorithms. We make no promises about views, reach, follower growth, virality, monetization, or that accounts will avoid restriction, "shadow-banning," or suspension by platforms.
  • Publishing failures. Posts can fail due to platform outages, API limits, or account restrictions. We will surface failure reasons and retry where feasible, but we are not liable for missed or delayed publications.

7. Plans, Credits, Billing

  • Subscriptions. Paid plans bill in advance on a monthly or annual cycle and renew automatically until cancelled. You can cancel anytime in Settings → Billing; cancellation takes effect at the end of the current billing period.
  • Credits. Certain features consume AI credits. Monthly plan credits reset each billing cycle and do not roll over; purchased add-on credits do not expire while your account remains active. Credits have no cash value, are non-transferable, and are not redeemable for money except where required by law.
  • Usage limits. Plans include limits (e.g. content saves, daily swipe limits, workspaces, connected accounts, storage). We may enforce limits technically and adjust them prospectively with notice.
  • Price changes. We may change prices with at least 30 days' notice; changes apply from your next renewal.
  • Taxes. Fees are exclusive of taxes, which you are responsible for, except taxes on our income.
  • Payment processing is handled by our payment processor (e.g. Stripe); we do not store full card numbers.
  • Refunds are governed by our Refund Policy. Except as stated there or required by law, fees are non-refundable.
  • API overage. If you enable API overage billing, metered usage beyond plan limits is charged at the published rates.

8. Managed ("Warmed") Accounts Add-On

If you purchase managed social accounts:

  • Accounts are created and operated by us or our contractors on your behalf. Fees: a recurring per-account management fee plus per-post fees, as published at purchase, requiring an active subscription.
  • Platform risk. Social platforms prohibit or restrict certain account practices, and platforms may restrict or terminate managed accounts at any time. You accept this risk. We do not guarantee account longevity, reach, or continued platform access. If a platform bans a managed account, our sole obligation is the replacement or credit remedy published on the Warmed Accounts page at the time of purchase.
  • Managed accounts remain subject to these Terms and each platform's terms. We may discontinue the add-on with notice, in which case unused prepaid fees will be refunded pro-rata.

9. API, MCP, and Developer Tools

  • API keys are confidential; you are responsible for use under your keys.
  • You must comply with published rate limits and documentation. We may throttle, revoke keys, or suspend API access for abuse or excessive load.
  • If you build on our API for clients (agency/whitelabel use), you remain responsible for your clients' compliance with these Terms, and you may not misrepresent Avartan output as human-created where disclosure is legally required.

10. Acceptable Use

You must comply with our Acceptable Use Policy. In short, don't use the Service for unlawful content, spam or platform manipulation, deceptive impersonation or non-consensual likenesses, infringement, or abuse of the Service's infrastructure.

11. Our Intellectual Property

The Service — including software, models configuration, design, trademarks, and content we provide (excluding Your Content and Inspiration Content) — is owned by Avartan or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. You may not copy, modify, reverse-engineer, resell, or create derivative works of the Service except as permitted by law or the whitelabel program.

We may use feedback you provide without restriction or compensation.

12. Third-Party Services

The Service interoperates with third-party services (social platforms, AI model providers, payment processors, analytics). We are not responsible for third-party services, their availability, or changes to their APIs or terms that affect Service functionality.

13. Termination and Suspension

  • By you: cancel or delete your account anytime in Settings.
  • By us: we may suspend or terminate your access (with notice where practicable) if you materially breach these Terms, create legal or security risk, fail to pay, or if a platform partner requires it. Where the breach is curable, we will generally give you an opportunity to cure.
  • On termination, your license to the Service ends. We will make Your Content available for export for 30 days after termination (except terminations for serious abuse), after which we may delete it. Sections that by their nature survive (including 3, 4, 5, 11, 14–17) survive termination.

14. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT ANY MARKETING RESULTS, ENGAGEMENT METRICS, REVENUE, OR PLATFORM ACCOUNT OUTCOMES.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (b) OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (ii) US $100.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING, WHERE APPLICABLE, LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR DEATH/PERSONAL INJURY CAUSED BY NEGLIGENCE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to resupplying the services or paying the cost of having the services resupplied.

16. Indemnification

You will defend and indemnify Avartan against third-party claims arising from (a) Your Content (including Output you publish), (b) your use of connected platform accounts, (c) your violation of these Terms or applicable law, or (d) your violation of third-party rights, including intellectual-property and likeness/publicity rights.

17. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia, excluding conflict-of-laws rules. Courts located in New South Wales, Australia have exclusive jurisdiction, and each party consents to venue there. (Optional: insert arbitration clause + class-action waiver here if desired — consult counsel, especially for US consumer users.) Mandatory consumer-protection laws of your country of residence are unaffected.

18. Changes to These Terms

We may update these Terms. For material changes we will give at least 14 days' notice by email or in-app notice. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and cancel before the change takes effect (with a pro-rata refund of prepaid fees for the unused period if the change materially disadvantages you).

19. General

Entire agreement; severability; no waiver by inaction; you may not assign these Terms without our consent (we may assign in connection with a merger or sale); no third-party beneficiaries; export-control and sanctions compliance required; force majeure applies to events beyond reasonable control; notices to you may be sent to your account email, and to us at [email protected].

Contact: Innovation Engine Global Pty Ltd (ABN 94 668 670 675), 81-83 Campbell Street, Surry Hills NSW 2010, Australia · [email protected]