Avatar & Digital Human Terms

1. Definitions

• Avatar / Digital Human.A synthetic on-screen presenter generated from an image, video, or model that reproduces a person’s face, appearance, or motion.
• Actor. The real person whose face, likeness, or voice an avatar is built to resemble.
• Likeness.A person’s recognizable face, image, appearance, voice, or other identifying attributes.
• Biometric Data. Facial geometry and related features extracted from an uploaded image, which may qualify as a biometric identifier under laws such as the Illinois Biometric Information Privacy Act (BIPA). See our Biometric Data Policy.
• Output. Any video, image, or other content you generate using an avatar.
• Service Providers. The third parties that process data to deliver the Service, including our avatar model host (Replicate) and the underlying model provider. See our Subprocessors list.

2. Your consent and representations

To create an avatar you must give informed consent and confirm the representations below. This consent is captured for each avatar you create and is stored, with the time you gave it, as a record of your agreement. We keep every version of these terms on file, so the terms in effect at that time can always be identified. You represent and warrant that the uploaded image is one of the following:

• a photo of yourself; or
• a photo of a real person who has given you their explicit consent to create and animate their avatar; or
• not a real, identifiable person (for example, a fully synthetic or fictional character).

You further represent that the image does not depict any celebrity, politician, public figure, or any other real person without authorization, and does not depict a minor.

The exact statement you confirm at the consent checkbox is:

“I understand that to create and animate an avatar, TapVid and its service providers (including the model host Replicate and the model provider) will process my uploaded image and extract facial geometry, which may be a biometric identifier, as described in the Biometric Data Policy. I consent to this collection, use, storage, and disclosure to those service providers. I represent that the image shows myself, or a person who gave me explicit consent, or is not a real, identifiable person; that it does not depict any celebrity, public figure, or other person without authorization, and is not a minor. I accept full legal responsibility for the image and the videos I generate, and I agree to the Terms and Acceptable Use Policy.”

3. Eligibility and age

• You must be at least the age of majority in your jurisdiction (18 in most places) to create an avatar or accept these terms.
• You may not create an avatar of any person under 18, and you may not upload an image of a child.
• We screen uploads and may block or remove an avatar where the subject appears to be a minor. Age screening is one layer of a combined block, disclosure, and takedown process and is not represented as perfectly accurate.

4. Prohibited subjects and uses

The following are prohibited when creating or using an avatar. This section adds to, and does not limit, our Acceptable Use Policy.

Prohibited subjects. You may not create or upload an avatar that depicts:

• a celebrity, politician, government official, or other public figure, without their explicit authorization;
• any other real, identifiable person who has not given you explicit consent;
• a minor, or a person who appears to be a minor.

Prohibited uses. You may not use an avatar or Output to:

• create sexual or nude content, or any child sexual abuse material (CSAM), which we report to NCMEC as required by law;
• create non-consensual intimate imagery (NCII) or sexualized deepfakes of any real person;
• impersonate, defraud, or deceive others, including scams, phishing, identity theft, or fake endorsements;
• produce election, political campaign, or government-official content presented as authentic, or other misinformation or disinformation;
• create violent, hateful, harassing, defamatory, or discriminatory content;
• advertise or promote restricted or age-gated goods where prohibited (for example weapons, illegal drugs, or gambling);
• violate any applicable law or third-party right.

5. Facial and biometric data

• To build and animate your avatar, we and our Service Providers process your uploaded image and extract facial geometry, which may be Biometric Data.
• Screening checks (such as celebrity matching and age estimation) that compute a facial embedding do so in memory and discard it immediately; they do not store the embedding.
• Uploaded images sent to our model host are processed under a data processing agreement, are not used to train models, and are deleted on the shortest necessary schedule.
• Where any biometric feature is stored (for example to prevent abuse), we obtain the specific consent required and apply a defined retention and destruction schedule.
• Our Privacy Policy and Biometric Data Policy describe the categories of data, purposes, Service Providers (as sub-processors), any cross-border transfer, and your rights.

6. AI disclosure

Avatars and Output are synthetic, AI-generated content. You are responsible for any disclosure that applicable law requires when you publish or distribute them, and you must not present them in a way that misleads people into believing they are authentic recordings of a real person.

7. Ownership and license

• Subject to these terms, you retain the rights you hold in the avatars and Output you create, and you are responsible for having the rights and consents needed to use them.
• You grant us the limited license needed to host, process, and deliver the Service (including transmitting your image to our Service Providers to generate the avatar and Output).
• We may retain minimal records (such as your consent log) as described in these terms and our Privacy Policy.

8. Your responsibility and indemnification

Responsibility for uploaded likenesses. You are solely responsible for every image you upload and every video you generate from it. You represent and warrant that you own or have obtained all rights and consents needed to use the likeness of any person shown in the image, that the image does not contain any celebrity, public figure, or other real person without their explicit authorization, and that it does not contain a minor.

You agree to indemnify and hold harmless SigmaZ and its affiliates from any claim, liability, loss, damage, or expense (including reasonable legal fees) arising out of the image you upload or the video you generate, including any claim of infringement of rights of publicity, likeness, reputation, privacy, or any other right. We may remove any violating content and may suspend or terminate your account.

9. Reporting, removal, and takedown

• If your likeness, or a likeness you own the rights to, is used without permission, you can report it with the Report Issue button in the TapVid app or by contacting us (see Section 12), and an Actor may request removal of their likeness at any time.
• We remove content that violates these terms and take action against the responsible account.
• Reports of non-consensual intimate imagery are processed within 48 hours, consistent with the TAKE IT DOWN Act.
• Copyright owners may send a notice under our Copyright Policy.

10. Suspension and termination

We may suspend or terminate access, and remove avatars or Output, where we reasonably believe these terms or our Acceptable Use Policy have been violated, where required by law, or to protect users and third parties. Serious or repeated violations may result in permanent account termination.

11. Changes to these terms

We may update these Avatar Terms from time to time. Before a material change takes effect, we will notify you by email or through a notice in the Service; minor changes, such as corrections or formatting, take effect when we post them. The time recorded with your consent, together with our archive of past versions, identifies the terms you accepted at each avatar creation.

12. Contact

Questions, likeness or removal requests, and copyright notices can be sent to official@tapvid.ai, or submitted with the Report Issue button in the TapVid app.