Terms of Service for Avatario

Last Updated: December 25, 2025

1. Acceptance of Terms

By downloading, installing, and using the Avatario mobile application (the "Application") and associated services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Agreement"). If you do not agree to these terms, do not use the Services.

This Agreement is between you and Artur Gorbaczewski ("Developer," "we," "us," "our," or "Company") only, and not Apple, Inc. We are solely responsible for the Application and its content. Apple is not responsible for the Application, its content, maintenance, support, or any claims you may have relating to it.

We reserve the right to modify these Terms at any time. Continued use of the Services following any modifications constitutes your acceptance of the updated Terms. Material changes will be communicated to you by posting the updated Terms in the Application, updating the "Last Updated" date, and/or sending email notification.

2. License Grant and Scope

2.1 Limited License Grant

Subject to your compliance with this Agreement and applicable laws, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on Apple-branded devices (including iPhone, iPad, and iPod touch) that you own or control, solely for your personal, non-commercial use.

This license does not permit you to:

  • Use the Application on any Apple device you do not own or control
  • Install the Application on a shared device for use by multiple users
  • Distribute the Application over a network or make it available for simultaneous use by multiple devices
  • Transfer, assign, sublicense, or share your license with others

2.2 Restrictions on Use

You agree not to:

  • Copy, modify, or create derivative works based on the Application
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code
  • Sell, rent, lease, transfer, or otherwise distribute rights to the Application
  • Use the Application for commercial, business, or revenue-generating purposes without written permission
  • Remove or alter any proprietary notices, labels, trademarks, or marks
  • Use the Application in any manner that violates applicable laws or regulations
  • Attempt to gain unauthorized access to the Application, its systems, or servers
  • Transmit malware, viruses, worms, or other harmful code through the Application
  • Engage in any activity that disrupts, interferes with, or impairs the proper functioning of the Application
  • Access the Application through automated means (bots, scrapers, etc.) without authorization
  • Use the Application to help others violate these terms

3. Credits System and Purchases

3.1 Credit System

Avatario uses a credit-based system for avatar transformations:

  • Free Credits: You receive 3 free credits when you first use the Application
  • Credit Consumption: Each avatar transformation consumes 2 credits
  • Credit Persistence: Credits do not expire and remain available until used
  • Non-Transferable: Credits cannot be transferred between devices or users

3.2 Credit Purchases

You may purchase additional credits through in-app purchases:

  • Credit Packs: Available in various sizes with bonus credits for larger packs
  • Pricing: Prices are displayed in the App Store at the time of purchase and may vary by location and currency
  • Processing: Purchases are processed through Apple's payment system via RevenueCat

3.3 Refund Policy

  • Non-Refundable: Credit purchases are generally non-refundable as credits can be consumed immediately
  • Technical Issues: If you experience technical issues preventing transformations, contact us for support
  • Apple Refunds: For payment-related issues, contact Apple Support for their refund process
  • Discretionary Credits: We may, at our discretion, provide credits to resolve customer service issues

3.4 Failed Transformations

If a transformation fails due to a technical error on our end:

  • Credits may be automatically refunded to your balance
  • Contact support if credits are not restored within 24 hours
  • We are not responsible for failures due to poor photo quality or network issues

4. Intellectual Property Rights

4.1 Application Ownership

The Application, including all software, code, design, graphics, audio, video, text, animations, and all other materials contained within it, is the exclusive intellectual property of the Developer and is protected by copyright, trademark, patent, and other intellectual property laws worldwide.

No part of the Application may be reproduced, distributed, transmitted, displayed, or otherwise used without our express written permission, except as permitted by this Agreement.

4.2 User Content Ownership and License

You retain full ownership of:

  • Photos you upload to the Application
  • Avatar transformations generated from your photos

By using the Application to process your photos, you grant us the following limited licenses:

  • Processing License: To reproduce and process your photos solely for the purpose of generating avatar transformations
  • Temporary Storage: To temporarily store photos during the transformation process
  • No Retention: We delete your original photos immediately after transformation
  • No Commercial Use: We will not use your photos or avatars for commercial purposes without your explicit consent

4.3 Generated Content

  • You own all avatars generated from your photos
  • You may use your avatars for personal, non-commercial purposes
  • You may share your avatars on social media and other platforms
  • Commercial use of avatars may require additional licensing

5. User Content and Your Responsibilities

5.1 Photo Upload Responsibility

You are solely responsible for all photos you upload to Avatario. You warrant that:

  • You own the photos or have permission from the photo subject
  • You have consent to use photos of other individuals
  • Your photos do not infringe upon any third-party rights
  • Your photos comply with all applicable laws and regulations

5.2 Prohibited Content

You agree not to upload photos that:

  • Depict individuals without their consent
  • Contain inappropriate, explicit, or offensive content
  • Feature minors without parental consent
  • Violate intellectual property rights of others
  • Could be used for fraud, deception, or identity theft
  • Violate any applicable laws or regulations

5.3 Content Guidelines

For best results and appropriate use:

  • Use clear, well-lit photos where faces are visible
  • Only upload photos of yourself or photos where you have explicit consent
  • Do not use the Application to create misleading or harmful content
  • Consider the impact of sharing generated avatars publicly

5.4 No Responsibility for Results

We are not responsible for:

  • How closely avatars resemble the original photo
  • The artistic interpretation applied by AI transformation
  • How others perceive or use your generated avatars
  • Any consequences of sharing your avatars publicly

6. Third-Party Services and Integration

6.1 AI Processing Services

Avatario uses third-party AI services to generate avatar transformations:

  • Data Transmission: Your photos are transmitted securely to AI processing servers
  • Processing: Photos are processed according to the selected transformation style
  • Deletion: Photos are deleted after transformation is complete
  • Third-Party Terms: AI providers process data according to their own terms and privacy policies

6.2 Supabase Backend

We use Supabase for backend infrastructure:

  • Credit Management: Your credit balance is managed through Supabase
  • Device Identification: Anonymous device IDs are stored for service continuity
  • Security: Data is encrypted and stored securely

6.3 RevenueCat Payment Processing

In-app purchases are processed through RevenueCat:

  • Payment Handling: RevenueCat manages the connection to Apple's payment system
  • Purchase Records: Transaction data is retained for billing and support purposes
  • Privacy: Review RevenueCat's privacy policy at https://www.revenuecat.com/privacy

6.4 Third-Party Service Disclaimer

We do not endorse, warrant, guarantee, or control the services provided by third parties. Your use of any third-party service is:

  • At your sole risk
  • Governed by that service's terms of service and privacy policy
  • Not our responsibility
  • Subject to that service's limitations of liability

7. Privacy and Data Protection

Your use of Avatario is also governed by our separate Privacy Policy, which is accessible within the Application and at https://avatario.app/privacy/. You must review and agree to the Privacy Policy to use the Application.

Key points:

  • Photos are deleted immediately after transformation
  • We do not maintain a database of user photos or facial data
  • Credits and device data are managed securely
  • We comply with GDPR, CCPA, and other applicable privacy laws

For questions about data privacy, contact us at contact@avatario.app.

8. Warranties Disclaimer

8.1 Application Provided "As-Is"

THE APPLICATION AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

8.2 No Warranties Regarding:

We make no representations or warranties regarding:

  • The accuracy, quality, or resemblance of generated avatars
  • The continuous, uninterrupted, or error-free operation of the Application
  • The absence of bugs, errors, viruses, or security vulnerabilities
  • Compatibility with all Apple devices, operating systems, or software versions
  • That the Application will meet your specific needs or expectations
  • That any defects will be corrected
  • That transformation results will be consistent or predictable

8.3 AI Limitations

AI-generated avatars:

  • May not accurately represent the original photo
  • Are artistic interpretations, not exact reproductions
  • May vary in quality based on input photo quality
  • Should not be used for identification or official purposes
  • May produce unexpected or inconsistent results

9. Limitation of Liability

9.1 Cap on Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

  • Indirect, incidental, special, consequential, punitive, or exemplary damages
  • Loss of profits, revenue, data, business opportunities, or anticipated savings
  • Loss of goodwill or reputation
  • Damages arising from your use of, inability to use, or reliance on the Application
  • Unauthorized access to or alteration of your data
  • Any dissatisfaction with generated avatar quality or appearance
  • Any other damages, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory

9.2 Total Liability Cap

OUR TOTAL LIABILITY for any and all claims arising from this Agreement, your use of the Application, or any related matter shall not exceed the lesser of:

  • The amount you paid for credits in the 12 months preceding your claim, or
  • $100 USD (or equivalent in your local currency)

If you paid nothing for credits, our total liability is limited to $0.

9.3 Exclusive Remedy

If you are dissatisfied with the Application or the Services, your exclusive remedy is to cease using the Application and uninstall it from your device.

10. Indemnification

You agree to indemnify, defend (at your expense), and hold harmless the Developer, Apple, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

  • Your use of the Application or Services
  • Your violation of this Agreement
  • Your violation of any applicable law, regulation, or third-party rights
  • Photos you upload or avatars you create
  • Your infringement of intellectual property rights
  • Uploading photos of others without their consent
  • Any claims by third parties related to your use of the Application

11. Termination

11.1 Termination by You

You may terminate this Agreement and your use of the Application at any time by:

  • Uninstalling the Application from your device
  • Ceasing all use of the Services

Note: Unused credits are forfeited upon termination and are non-refundable.

11.2 Termination by Developer

We may suspend or terminate your access to the Application and Services immediately and without notice if:

  • You materially violate this Agreement
  • You upload prohibited content
  • You engage in fraudulent activity
  • We determine termination is necessary for legal, security, technical, or business reasons
  • We discontinue the Application or Services
  • Required by law or court order

11.3 Effect of Termination

Upon termination:

  • Your license to use the Application is immediately revoked
  • You must uninstall the Application and cease all use of the Services
  • Unused credits are forfeited
  • We may delete your data as required by our retention policies
  • Provisions that survive termination remain in effect

12. Governing Law and Jurisdiction

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles. However:

  • EU Citizens: If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, you may bring claims in the courts of your country of residence, and the laws of your country of residence will apply
  • California Residents: If you are a resident of California, you may have additional rights under California law

12.2 Jurisdiction and Venue

You agree to submit to the exclusive jurisdiction of the courts of Poland for any disputes arising from this Agreement or your use of the Application, subject to the exceptions noted above.

13. Dispute Resolution

13.1 Informal Resolution

Before pursuing formal legal action, you agree to attempt to resolve any dispute informally by contacting us at contact@avatario.app with a detailed description of the issue. We will attempt to resolve your concern within 30 days of receiving your message.

13.2 Limitation on Legal Actions

Any legal action or proceeding arising from this Agreement or your use of the Application must be commenced within one (1) year after the cause of action arises. If a claim is not brought within this period, it is permanently barred.

14. Severability

If any provision of this Agreement is found by a court or arbitrator to be invalid, unenforceable, or illegal, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is impossible, severed from this Agreement. All remaining provisions will continue in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and the Developer regarding the Application and Services. It supersedes all prior and contemporaneous agreements, understandings, representations, warranties, and negotiations, whether oral or written.

16. Contact Information

For questions, concerns, support, or to report violations of this Agreement, please contact:

Artur Gorbaczewski Avatario Development Email: contact@avatario.app Website: https://avatario.app/

We will make reasonable efforts to respond to your inquiry within 7-10 business days.

17. Additional Terms for EU Users

If you are a consumer in the European Union, you have statutory rights under EU consumer protection laws that cannot be waived. These rights are in addition to the protections in this Agreement.

18. Additional Terms for California Residents

If you are a California resident, you may have additional rights under California's consumer protection laws, including CCPA/CPRA regarding personal information. These rights are not waived by this Agreement.

Effective Date: December 25, 2025

Last Updated: December 25, 2025

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Transform your photos into stunning AI avatars with multiple creative styles. From anime and superhero to cyberpunk and fantasy - create unique profile pictures and share-worthy transformations instantly.

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