Terms & Conditions
AI Avatar

1. Introduction

These Terms and Conditions ("T&Cs") govern your use of the AI Avatar services ("Service") provided by ModelProp Ltd ("Company"). By using the Service, you agree to these T&Cs. If you do not agree, you must not use the Service.

2. Scope of Service

2.1 The Service enables the creation of AI-generated avatars for marketing and other purposes as agreed between the Company and the Client.

2.2 The Service is provided subject to the conditions outlined in these T&Cs and any additional agreements signed between the Company and the Client.

3. Data Processing and Privacy

3.1 The Company processes personal data in accordance with applicable data protection laws, including the UK GDPR.

3.2 As part of the Service, the Company uses a third-party provider, HeyGen, to create the avatar and process data. HeyGen adheres to GDPR compliance and implements SOC 2 Type II certified security measures. Further details can be found at HeyGen's Privacy Policy.

3.3 The Company uses its proprietary TrustAI framework to ensure transparency, fairness, and accountability in AI operations.

3.4 Clients retain full ownership of personal data shared with the Company and may request its deletion at any time by contacting support@modelprop.ai.

4. Intellectual Property

4.1 Clients retain ownership of any content they upload to the Service ("User Input") and any AI-generated outputs ("User Output") produced by the Service.

4.2 By using the Service, Clients grant the Company a non-exclusive, royalty-free license to use User Input solely for the purpose of providing the Service.

4.3 The Company retains ownership of its proprietary technologies, including but not limited to TrustAI, used to deliver the Service.

5. Service Availability and Modifications

5.1 The Service is provided "as is" and "as available." The Company does not guarantee uninterrupted or error-free operation of the Service.

5.2 The Company may update or modify the Service from time to time. In the event of material changes, the Company will provide Clients with at least thirty (30) days' notice.

6. Liability

6.1 The Company's liability for claims arising under these T&Cs shall not exceed the total fees paid by the Client in the six (6) months preceding the claim.

6.2 The Company shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits or data.

6.3 Each party agrees to indemnify and hold the other harmless from claims arising out of breaches of these T&Cs or misuse of the Service.

6.4 The Company shall not be held liable for failures due to causes beyond its control, including acts of God, natural disasters, and internet outages.

7. Ethical AI Practices

7.1 The Company adheres to its TrustAI framework to ensure the ethical use of AI. Key principles include:

• T — Transparency: We commit to providing clear explanations about where we know AI is used substantially in our content.
• R — Responsibility: We pledge to use AI ethically and responsibly, avoiding applications that may be misleading, harmful, or compromise user privacy.
• U — Understanding: We strive to ensure that our audiences are well-informed about the capabilities and limitations of AI.
• S — Safety: We prioritise the safety of our users, ensuring that our AI systems undergo rigorous testing and are free from biases.
• T — Trustworthiness: Our promise is to build and maintain the trust of our users, adhering to the highest standards of integrity.

8. Termination

8.1 Either party may terminate the agreement by providing one month's written notice.

9. Governing Law and Dispute Resolution

9.1 These T&Cs are governed by the laws of England and Wales.

9.2 Disputes shall first be resolved through mediation. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

10. Contact Information

For any questions or concerns, please contact support@modelprop.ai.

Last Updated: 01 December 2024