AVATARIC.AI TERMS OF SERVICE
Effective Date: June 10, 2026
Last Updated: June 10, 2026
These Terms of Service ("Terms") govern your access to and use of the websites, applications, software, APIs, artificial intelligence systems, AI agents, digital avatars, integrations, content, documentation, and related services provided by Avataric.ai Technologies Corp., a corporation incorporated in British Columbia, Canada ("Avataric.ai", "Avataric", "Company", "we", "our", or "us").
By accessing or using the Services, creating an account, purchasing a subscription, deploying an AI Agent, integrating the Services with third-party systems, or otherwise agreeing to these Terms, you agree to be legally bound by these Terms.
If you are using the Services on behalf of a company, nonprofit, government body, educational institution, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" and "Customer" refer to that organization.
If you do not agree to these Terms, you must not access or use the Services.
1. DEFINITIONS
For purposes of these Terms:
"Account" means an account registered to access or use the Services.
"AI Agent" means an artificial intelligence-powered agent, assistant, chatbot, virtual representative, voice agent, digital human, avatar-based agent, conversational interface, workflow agent, or similar system created, configured, deployed, or managed through the Services.
"Avatar" means a digital, visual, audio, or interactive representation of a person, character, brand, organization, or fictional persona created or used through the Services.
"Customer" means the individual or legal entity that accesses, subscribes to, or uses the Services.
"Customer Data" means all data, content, prompts, instructions, files, documents, knowledge bases, records, configurations, AI Agent settings, workflows, conversation histories, user interactions, audio, images, video, and other materials submitted to, uploaded to, processed through, or generated by the Services for or on behalf of Customer.
"Input" means prompts, instructions, data, files, documents, images, audio, video, text, or other materials submitted to the Services.
"Output" means responses, content, text, audio, video, images, summaries, recommendations, generated agent responses, or other materials generated by the Services in response to Input.
"Services" means Avataric.ai's enterprise AI agent platform, websites, applications, APIs, software, digital avatars, AI Agent tools, integrations, administrative dashboards, documentation, support, and related offerings.
"Subscription Plan" means the paid or unpaid plan under which Customer accesses the Services.
"Third-Party Services" means products, services, platforms, APIs, models, hosting providers, communication services, payment processors, or other third-party technologies that may be integrated with, connected to, or used by the Services.
"User" means an individual who accesses or uses the Services, including Customer's employees, contractors, administrators, end users, website visitors, customers, or other persons who interact with an AI Agent.
2. DESCRIPTION OF SERVICES
Avataric.ai provides an enterprise AI agent platform that enables organizations to design, configure, deploy, manage, and monitor conversational AI Agents across websites, digital channels, business systems, and customer-facing experiences.
Depending on the Subscription Plan and features enabled, the Services may allow Customers to:
Create AI Agents for customer engagement, service, support, information delivery, lead qualification, internal workflows, or other lawful business purposes.
Configure AI Agents using Customer Data, documents, knowledge bases, website content, FAQs, business rules, prompts, and instructions.
Deploy AI Agents through websites, landing pages, portals, embedded widgets, integrations, APIs, or supported communication channels.
Use AI-powered digital avatars, voice, video, text, or other interactive modalities.
Connect AI Agents with business systems, CRM systems, cloud services, automation tools, or third-party applications.
Monitor usage, conversations, performance, analytics, and agent behaviour.
Generate Output using artificial intelligence technologies.
Avataric.ai may update, improve, modify, add, remove, or discontinue features from time to time.
3. ELIGIBILITY
You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Services.
You may not use the Services if:
You are prohibited from using the Services under applicable law.
Your use of artificial intelligence technologies is prohibited by laws or regulations applicable to you.
You are located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to sanctions or trade restrictions that prohibit use of the Services.
You have previously been suspended or removed from the Services, unless Avataric.ai has provided written permission.
4. ACCOUNTS AND ADMINISTRATION
To access certain Services, you may be required to create an Account.
You agree to:
Provide accurate, current, and complete information.
Maintain the confidentiality of login credentials.
Promptly update Account information when necessary.
Notify Avataric.ai of unauthorized access or suspected security incidents.
Accept responsibility for all activity conducted through your Account.
Customer is responsible for managing its administrators, users, permissions, AI Agents, integrations, and access controls.
Avataric.ai is not responsible for losses arising from unauthorized use of an Account where such use results from Customer's failure to protect credentials, configure permissions, or maintain appropriate internal controls.
5. CUSTOMER DATA
5.1 Customer Ownership
Customer retains all right, title, and interest in and to Customer Data.
Avataric.ai does not acquire ownership of Customer Data, including uploaded documents, prompts, AI Agent configurations, knowledge bases, conversation histories, generated Outputs, or Customer-created AI Agents, except for the limited rights necessary to provide the Services.
5.2 License to Provide Services
Customer grants Avataric.ai a worldwide, non-exclusive, limited, royalty-free license to host, store, process, transmit, display, reproduce, transform, and use Customer Data solely as necessary to:
Provide, maintain, and support the Services.
Process Inputs and generate Outputs.
Configure, deploy, and operate AI Agents.
Provide integrations requested by Customer.
Monitor, secure, and troubleshoot the Services.
Prevent fraud, abuse, misuse, and security threats.
Comply with applicable law and legal obligations.
5.3 No Sale of Customer Data
Avataric.ai does not sell Customer Data.
5.4 No Advertising Use
Avataric.ai does not share Customer Data for third-party advertising purposes.
5.5 No Training of Public or Shared AI Models
Avataric.ai does not use Customer Data, Customer Content, uploaded documents, prompts, conversation histories, AI Agent interactions, or generated Outputs to train public or shared artificial intelligence models.
Customer Data is processed solely to provide the Services requested by Customer, unless Customer expressly agrees otherwise in writing.
5.6 Customer Responsibility for Customer Data
Customer is solely responsible for:
The accuracy, quality, legality, and appropriateness of Customer Data.
Obtaining all required rights, permissions, consents, and authorizations.
Ensuring Customer Data does not violate applicable law or third-party rights.
Ensuring Customer Data is suitable for use with AI technologies.
Reviewing and managing Customer Data used to configure AI Agents.
Customer must not submit Customer Data that it is not legally permitted to use.
6. AI AGENTS
6.1 Customer-Controlled AI Agents
AI Agents created through the Services operate under the direction and control of Customer.
Customer is responsible for the design, configuration, deployment, monitoring, and use of AI Agents, including any statements, actions, outputs, recommendations, or interactions generated by AI Agents.
6.2 No Agency Relationship with Avataric.ai
AI Agents created through the Services do not represent Avataric.ai.
AI Agents are not employees, contractors, agents, representatives, legal proxies, or authorized spokespersons of Avataric.ai. AI Agents may not create obligations, commitments, warranties, or representations on behalf of Avataric.ai.
6.3 AI Agent Disclosure
Customer is responsible for determining whether applicable laws, regulations, industry standards, or internal policies require disclosure that users are interacting with an AI system.
Avataric.ai recommends that Customers clearly disclose when users are interacting with an AI Agent where transparency is legally required or consistent with responsible AI practices.
6.4 Monitoring and Human Oversight
Customer is responsible for implementing appropriate human oversight, review, escalation, and monitoring processes for AI Agent deployments.
Customer must not rely on AI Agents for legally significant, high-risk, or regulated decisions unless such use is lawful and supported by appropriate human review and professional oversight.
7. AI OUTPUTS
7.1 Nature of AI Outputs
Customer acknowledges that artificial intelligence systems are probabilistic and may generate Output that is:
Inaccurate;
Incomplete;
Misleading;
Outdated;
Offensive;
Biased;
Unintended;
Similar or identical to output generated for other users.
Avataric.ai does not guarantee that Output will be accurate, unique, lawful, reliable, or fit for any particular purpose.
7.2 Customer Review Required
Customer is responsible for reviewing, validating, and approving Output before relying on it, publishing it, transmitting it to third parties, or using it in business operations.
7.3 Ownership of Output
Subject to Customer's compliance with these Terms, Avataric.ai assigns to Customer any right, title, and interest Avataric.ai may have in Output generated specifically for Customer through the Services.
This assignment does not include Avataric.ai's rights in the Services, platform, software, algorithms, models, templates, workflows, system prompts, interfaces, documentation, or underlying technology.
7.4 Similar Outputs
Due to the nature of AI systems, similar or identical Output may be generated for other users. Avataric.ai does not guarantee exclusivity of Output.
8. AVATARS, VOICES, LIKENESSES, AND PERSONA RIGHTS
If Customer uploads, creates, clones, generates, or uses any image, voice, video, likeness, name, persona, trademark, logo, brand identity, or other identifiable representation through the Services, Customer represents and warrants that it has all necessary rights, permissions, licenses, and consents.
Customer may not use the Services to:
Create an unauthorized imitation of a real person.
Clone a voice without consent.
Use a person's likeness without authorization.
Misrepresent the identity of an AI Agent.
Create deceptive deepfakes.
Infringe publicity, privacy, trademark, copyright, or personality rights.
Avataric.ai may remove, suspend, disable, or restrict any Avatar, voice, likeness, AI Agent, or Customer Data that it reasonably believes violates these Terms, applicable law, or third-party rights.
9. ACCEPTABLE USE
Customer may use the Services only for lawful purposes and in accordance with these Terms and Avataric.ai's Acceptable Use Policy.
Customer must not use the Services:
Where artificial intelligence technologies are prohibited by applicable law.
To violate laws, regulations, court orders, or contractual obligations.
To infringe intellectual property, privacy, publicity, or other rights.
To create deceptive, fraudulent, harmful, or unlawful AI Agents.
To impersonate any person or entity without lawful authorization.
To generate or distribute malware, phishing content, scams, or malicious code.
To harass, threaten, exploit, abuse, or harm individuals.
To promote violence, terrorism, extremist activity, or criminal conduct.
To create or distribute child sexual abuse material or exploit minors.
To make high-risk decisions without legally required human oversight.
To bypass safeguards, rate limits, access controls, or security measures.
To reverse engineer, scrape, copy, or misuse the Services.
To develop, train, benchmark, or improve a competing AI agent platform without Avataric.ai's written permission.
Customer is responsible for ensuring its use of the Services complies with all laws and regulations applicable in the jurisdictions where its AI Agents are deployed.
10. RESTRICTED AND HIGH-RISK USES
Unless expressly permitted in writing by Avataric.ai and lawful under applicable regulations, Customer must not use the Services for:
Medical diagnosis or treatment decisions.
Emergency response decisions.
Legal advice without qualified legal oversight.
Financial, credit, lending, insurance, or employment eligibility decisions.
Biometric identification for law enforcement or surveillance purposes.
Political persuasion, voter manipulation, or deceptive campaigning.
Decisions that produce legal or similarly significant effects on individuals without required human review.
Any use that is prohibited by applicable AI, privacy, consumer protection, employment, financial, healthcare, or sector-specific laws.
Customer is solely responsible for determining whether its use of the Services is permitted in its industry and jurisdiction.
11. THIRD-PARTY AI PROVIDERS AND INFRASTRUCTURE
Avataric.ai uses selected third-party technology providers to deliver certain Services. Depending on the features used, Customer Data may be processed by providers such as:
OpenAI;
HeyGen;
Google Cloud;
DigitalOcean;
Other infrastructure, AI, hosting, analytics, security, or service providers used to operate the Services.
Such providers process Customer Data solely for the purpose of providing the Services, supporting requested functionality, maintaining security, or complying with legal obligations.
Avataric.ai will use commercially reasonable efforts to require service providers to maintain appropriate technical, organizational, and contractual safeguards.
Avataric.ai may update its providers from time to time as the Services evolve.
12. THIRD-PARTY SERVICES AND INTEGRATIONS
The Services may allow Customer to connect AI Agents with Third-Party Services, including CRM systems, websites, business applications, communication tools, automation platforms, APIs, or other systems.
Customer is responsible for:
Configuring integrations correctly.
Ensuring it has authority to connect Third-Party Services.
Complying with third-party terms.
Managing permissions and data flows.
Reviewing what data is transmitted to or from third-party systems.
Avataric.ai is not responsible for Third-Party Services, including their availability, security, functionality, accuracy, or handling of data.
13. DATA STORAGE AND DELETION
13.1 Data Storage Location
Avataric.ai is incorporated in British Columbia, Canada.
Customer Data is primarily stored and processed in the United States using trusted cloud infrastructure providers. By using the Services, Customer acknowledges that Customer Data may be transferred to, stored in, or processed in the United States or other jurisdictions where Avataric.ai or its service providers operate.
13.2 Deletion of AI Agents and Uploaded Documents
When Customer permanently deletes an AI Agent, uploaded document, or Customer Content through the Services, Avataric.ai will permanently delete the associated Customer Data from active production systems without undue delay, subject only to temporary backup retention, technical limitations, legal obligations, fraud prevention, security requirements, or dispute resolution needs.
Backup copies, logs, or archival records may persist for a limited period in accordance with Avataric.ai's standard retention schedules and will be securely deleted or overwritten in the normal course.
13.3 Enterprise Deletion Requests
Enterprise Customers may request deletion of Customer Data by contacting Avataric.ai, subject to applicable legal, contractual, technical, security, and backup limitations.
14. SECURITY
Avataric.ai uses commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.
These safeguards may include:
Encryption of Customer Data in transit using TLS.
Encryption of Customer Data at rest where supported by the underlying infrastructure.
Role-based access controls.
Authentication and authorization controls.
Logging and monitoring.
Vulnerability management.
Security patching.
Incident response procedures.
Access limitation based on business need.
Customer acknowledges that no internet-based service, cloud platform, or AI system can be guaranteed to be completely secure.
Customer is responsible for maintaining appropriate security controls within its own environment, including user permissions, passwords, endpoint security, internal policies, and integration settings.
15. PRIVACY
Avataric.ai processes personal information in accordance with its Privacy Policy.
Customer is responsible for ensuring that it has all notices, consents, legal bases, and authorizations required to submit personal information to the Services and to deploy AI Agents that interact with individuals.
Where Avataric.ai processes personal information on behalf of Customer, the parties may enter into a Data Processing Addendum.
Avataric.ai is a British Columbia corporation and may be subject to Canadian privacy laws, including the British Columbia Personal Information Protection Act and the Personal Information Protection and Electronic Documents Act, where applicable.
16. CONFIDENTIALITY
Each party may receive confidential information from the other party.
"Confidential Information" means non-public information that a reasonable person would understand to be confidential, including business information, technical information, product plans, pricing, Customer Data, security information, credentials, and proprietary materials.
Each party agrees to:
Use Confidential Information only for purposes related to these Terms.
Protect Confidential Information using reasonable care.
Disclose Confidential Information only to personnel, contractors, advisors, or service providers who need to know it and are bound by confidentiality obligations.
Confidential Information does not include information that:
Is publicly available without breach of these Terms.
Was already known without confidentiality obligations.
Is independently developed without use of Confidential Information.
Is lawfully received from a third party without confidentiality obligations.
A party may disclose Confidential Information where required by law, provided it gives notice where legally permitted.
17. INTELLECTUAL PROPERTY
17.1 Avataric.ai Technology
Avataric.ai retains all right, title, and interest in and to the Services, including:
Software;
APIs;
Platform architecture;
User interface;
Documentation;
Workflows;
Templates;
System prompts;
Models;
Algorithms;
Databases;
Design elements;
Trademarks;
Branding;
Trade secrets;
Know-how;
Underlying technology.
Except for rights expressly granted in these Terms, no rights are transferred to Customer.
17.2 Customer Restrictions
Customer must not:
Copy, modify, distribute, sell, lease, or sublicense the Services.
Reverse engineer, decompile, or attempt to extract source code.
Circumvent access controls or usage limits.
Remove proprietary notices.
Use Avataric.ai trademarks without written permission.
Access the Services to build a competing product.
Misuse documentation, APIs, or platform functionality.
17.3 Feedback
If Customer provides feedback, suggestions, ideas, or recommendations, Avataric.ai may use them without restriction, obligation, or compensation.
18. SUBSCRIPTION PLANS, FEES, AND PAYMENT
Certain Services require paid Subscription Plans.
Customer agrees to pay all applicable fees according to the selected plan, order form, invoice, or written agreement.
Unless otherwise stated:
Fees are charged in advance.
Fees are non-refundable except where required by law or expressly agreed in writing.
Taxes are Customer's responsibility.
Late payments may result in suspension or termination.
Avataric.ai may change fees upon notice.
If Customer purchases through a third-party marketplace, reseller, or payment processor, additional terms may apply.
19. TRIALS, BETA FEATURES, AND PREVIEW SERVICES
Avataric.ai may offer free trials, beta features, preview releases, pilot programs, or experimental functionality.
Such offerings are provided for evaluation purposes and may be modified, limited, suspended, or discontinued at any time.
Beta and preview features may be incomplete, unstable, inaccurate, or subject to additional restrictions.
Avataric.ai provides beta and preview features without warranties, indemnities, service commitments, or support obligations unless expressly agreed in writing.
20. SUPPORT AND SERVICE AVAILABILITY
Avataric.ai may provide support according to the applicable Subscription Plan or written agreement.
Avataric.ai does not guarantee uninterrupted availability of the Services.
The Services may be unavailable due to:
Maintenance;
Updates;
Security work;
Infrastructure failures;
Third-party provider outages;
Force majeure events;
Customer configuration issues;
Internet or telecommunications failures.
Unless expressly stated in a separate Service Level Agreement, Avataric.ai does not provide uptime guarantees.
21. SUSPENSION
Avataric.ai may suspend or restrict access to the Services if:
Customer violates these Terms.
Customer fails to pay fees.
Customer's use creates security, legal, operational, or reputational risk.
Customer's AI Agent appears to violate law or third-party rights.
Suspension is required by law or requested by a provider.
Customer's use threatens the integrity of the Services.
Customer exceeds usage limits or abuses platform resources.
Avataric.ai will use reasonable efforts to provide notice where practical, unless immediate action is required.
22. TERMINATION
Customer may stop using the Services at any time.
Avataric.ai may terminate or suspend access if Customer materially breaches these Terms, fails to pay fees, creates legal or security risk, or uses the Services unlawfully.
Upon termination:
Customer's right to access the Services ends.
Avataric.ai may delete Customer Data in accordance with its retention policies.
Fees already paid are non-refundable unless required by law.
Provisions intended to survive termination will remain in effect.
23. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
AVATARIC.AI DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY;
SECURITY;
ERROR-FREE OPERATION;
UNINTERRUPTED SERVICE;
FITNESS OF AI OUTPUTS.
AVATARIC.AI DOES NOT WARRANT THAT:
AI AGENTS WILL OPERATE WITHOUT ERROR.
OUTPUTS WILL BE ACCURATE OR COMPLETE.
CUSTOMER'S USE WILL ACHIEVE A PARTICULAR RESULT.
THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS.
THE SERVICES WILL BE FREE FROM HARMFUL COMPONENTS.
AI-GENERATED CONTENT WILL BE UNIQUE, LAWFUL, OR APPROPRIATE FOR CUSTOMER'S USE CASE.
CUSTOMER USES THE SERVICES AND OUTPUTS AT ITS OWN RISK.
24. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVATARIC.AI WILL NOT BE LIABLE FOR:
INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
LOST PROFITS;
LOSS OF REVENUE;
LOSS OF BUSINESS;
LOSS OF GOODWILL;
LOSS OF DATA;
BUSINESS INTERRUPTION;
SUBSTITUTE SERVICES;
AI OUTPUT ERRORS;
THIRD-PARTY SERVICE FAILURES.
AVATARIC.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:
(a) CAD $500; OR
(b) THE FEES PAID BY CUSTOMER TO AVATARIC.AI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF AVATARIC.AI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
25. INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless Avataric.ai, its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:
Customer's use of the Services.
Customer Data.
AI Agents created, configured, deployed, or managed by Customer.
Outputs used, published, or relied upon by Customer.
Customer's violation of these Terms.
Customer's violation of law.
Customer's violation of third-party rights.
Unauthorized use of voices, images, videos, likenesses, names, personas, trademarks, or copyrighted materials.
Customer's integrations with Third-Party Services.
Customer's failure to provide required notices, consents, disclosures, or human oversight.
Avataric.ai may assume exclusive control of any matter subject to indemnification. Customer agrees to cooperate with Avataric.ai's defence.
26. EXPORT CONTROLS AND SANCTIONS
Customer must comply with all applicable export control, sanctions, anti-corruption, and trade compliance laws.
Customer may not use the Services in or for the benefit of countries, regions, entities, or individuals subject to applicable sanctions or restrictions where such use is prohibited.
Customer represents that it is not prohibited from using the Services under applicable trade laws.
27. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
28. DISPUTE RESOLUTION
The parties agree to first attempt to resolve disputes through good-faith negotiations.
If a dispute cannot be resolved informally, either party may submit the dispute to binding arbitration administered by the Vancouver International Arbitration Centre in Vancouver, British Columbia, Canada, in accordance with its applicable rules.
The arbitration will be conducted in English.
The arbitrator's decision will be final and binding and may be entered in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property rights, confidential information, data security, or proprietary interests.
29. CLASS ACTION WAIVER
To the maximum extent permitted by law, disputes must be resolved on an individual basis.
Neither party may bring or participate in a class action, representative proceeding, collective action, or consolidated proceeding against the other party.
30. NOTICES
Avataric.ai may provide notices by email, through the Services, through Account notifications, or by posting updates on its website.
Customer may provide legal notices to Avataric.ai at:
Avataric.ai Technologies Corp.
British Columbia, Canada
Email: legal@avataric.ai
Notices are deemed given when sent, posted, or delivered, unless applicable law requires otherwise.
31. CHANGES TO THESE TERMS
Avataric.ai may update these Terms from time to time.
If changes are material, Avataric.ai will use reasonable efforts to notify Customers by email, dashboard notice, website posting, or other reasonable means.
Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.
If Customer does not agree to updated Terms, Customer must stop using the Services.
32. CHANGES TO THE SERVICES
Avataric.ai may modify, improve, suspend, discontinue, or replace any part of the Services at any time.
Avataric.ai is not required to maintain any feature, integration, AI model, provider, or functionality indefinitely.
33. FORCE MAJEURE
Avataric.ai will not be liable for delay or failure to perform resulting from causes beyond its reasonable control, including:
Acts of God;
Natural disasters;
Labour disputes;
Internet failures;
Utility failures;
Cyberattacks;
War;
Terrorism;
Civil unrest;
Government actions;
Cloud provider failures;
AI provider outages;
Payment processor disruptions;
Supply chain disruptions.
34. ASSIGNMENT
Customer may not assign or transfer these Terms without Avataric.ai's prior written consent.
Avataric.ai may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or operation of law.
35. SEVERABILITY
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
The invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent as closely as possible.
36. WAIVER
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
A waiver must be in writing and signed by the party granting the waiver.
37. ENTIRE AGREEMENT
These Terms, together with any applicable order forms, policies, addenda, and written agreements incorporated by reference, constitute the entire agreement between Customer and Avataric.ai regarding the Services.
These Terms supersede all prior or contemporaneous agreements, communications, and understandings regarding the Services.
38. ORDER OF PRECEDENCE
If there is a conflict between these Terms and another agreement signed by Avataric.ai and Customer, the signed agreement will control to the extent of the conflict.
If there is a conflict between these Terms and an order form, the order form will control only for the specific commercial terms stated in that order form.
39. CONTACT INFORMATION
For legal questions regarding these Terms, contact:
Avataric.ai Technologies Corp.
A British Columbia, Canada corporation
Email: hello@avataric.ai
Website: https://www.avataric.ai
Mailing Address:
501-3292 Production Way
Burnaby, BC V5A 4R4
Canada