Terms of Service
Last updated: December, 2024
These Terms of Service, which we'll refer to simply as the "Terms," set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list of the "dos and don'ts" when using them. These Terms are more than just rules, though -- they form a legally binding contract between us and you that you accept when clicking on the box marked "I agree". Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Services. If you have any questions, please don't hesitate to contact us at [email protected].
Table of Contents
- The Basics
- Our Services
- User Accounts
- Fees and Payment
- Use Restrictions
- Representations
- Intellectual Property
- Content and User Content
- Copyright -- DMCA
- Indemnification
- Disclaimers
- Limitation of Liability
- Term and Account Termination
- Force Majeure
- Notices
- General
1. The Basics
Key Terms
We are OnvoLabs LTD, and we'll refer to ourselves as "OnVo," "us," "our," or "we." Our offices are located at Office 11W, 8 Georgiou Christoforou , Strovolos, Nicosia 2012, Cyprus. When we use the term "you," we mean anyone using our Services. When we refer to our "Platform," we mean our website and/or mobile app that allows you to interact with AI-generated (artificial intelligence) avatars in connection with adult content and when we refer to our "Services," we mean any services available on the Platform, including chatting with avatars either online or by phone, and/or interacting with an AI-generated image of an avatar in connection with adult content.
Privacy
When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at Privacy Notice for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
Changes to these Terms
We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
2. Our Services
Subject to these Terms, OnVo allows you to use the Services on a non-exclusive basis for your own purposes. The Services allow you to interact with AI-generated avatars that respond to you as a romantic partner ("Avatars"). The Services are provided solely to adults over the age of 18. Children under the age of 18 are expressly prohibited from using the Services. If you become aware of any child under the age of 18 who has created an account, please notify us immediately.
Avatars
The Platform allows you to set certain preferences about your Avatar, such as its gender (including non-binary designations) and sexual orientation as well as whether the Avatar is realistic or anime. Your preferences will be saved on your account. After selecting your preferences, the Platform will offer you a variety of Avatars that meet those preferences. You can either select one of the Platform's existing Avatars or create your own. Once you create your Avatar, you may chat with it online. All of your Avatars, as well as your chats, are saved to your account.
Sharing Avatars
You may share the Avatars you've created with other users and interact with Avatars shared with you by other users. You control the privacy settings on your account. You may opt-in to various public/community features of the Services at your discretion.
Additional Features
You may purchase additional features on the Platform using tokens, which you can purchase using your credit card. These additional features include the creation of AI images and phone conversations with your Avatar. To receive phone calls, you will need to provide us with your phone number.
3. User Accounts
In order to use the Services, you will need to create an account. You can also register by logging in through certain third-party accounts you may have. When creating an account, you will be asked to provide your name and email. You may only do so if that the third-party account is yours and you have the right to use that account with our Services. Subject to applicable law, OnVo may refuse to open an account for any individual at its sole discretion. Accounts are created for individual users and may not be shared between multiple users.
You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, OnVo will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
4. Fees and Payment
You can create an account and use our basic services free of charge. In order to engage in an unlimited number of chats with your Avatar, you must purchase a subscription. We offer monthly, quarterly, and annual subscriptions at different price points, all as specified on the Platform. We reserve the right to change the subscription prices upon notice to you. Any price changes will enter into effect upon the start of the next billing cycle. When you register for a subscription, you must provide your payment details through a third-party payment processor, and you agree to pay OnVo the fees specified on the Platform. Payments shall be made on a monthly basis, in advance of the applicable month. Fees, including prepaid fees, are generally non-refundable. Please see our Refund Policy for more information.
Tokens
As stated above, you may purchase tokens on the Platform using your credit card. The fees for each token are as specified on the Platform. Tokens can be used to order additional features, such as phone calls with your Avatar and to generate AI images. Payments made for tokens are generally non-refundable. Please see our Refund Policy for more information.
Taxes
Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.
If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services.
5. Use Restrictions
You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Services in any other way; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
Using the Services to simulate illegal acts is strictly prohibited. Prompts requesting an Avatar to behave in an illegal manner or to engage in a simulated imitation of an illegal act shall be refused. We reserve the right to review and investigate any such activities and may take any actions necessary to ensure each user's compliance with these Terms, including, if necessary, the suspension or termination of a user's account.
Child Exploitation
All users are expressly prohibited from using our Services to generate content that exploits, mimics, or endangers children, such as content related to child pornography, the sexual exploitation of children, sexual harassment, or any other form of harm. Users shall not prompt the Services to create Avatars or other Content that resembles children. Any such attempts shall be investigated, such Content, if found, will be removed, and we reserve the right to take all actions necessary to ensure the safety of our Platform.
6. Representations
Our Representations
We represent that OnVo is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Services faithfully, diligently, and in accordance with the standard practices in our industry.
Your Representations
By accepting these Terms, you represent that: (a) you are at least 18 years old, are legally permitted to access adult content, and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party, including any laws relating the access or consumption of adult content that may apply to you; (c) all the registration information you submit is and will remain truthful and accurate; (d) you have all necessary rights, consents, and licenses needed to provide any User Content (defined below) that you provide; (e) and the User Content is compliant with applicable law and does not infringe on the intellectual property, privacy, publicity, moral, or any other rights of any third party; and (f) our use of your User Content as allowed under these Terms will not cause us to infringe on the rights of any third party. You also undertake that you will use the Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported.
7. Intellectual Property
Our Property
We retain all worldwide intellectual property rights, title, and interest in our Platform, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases, we have obtained the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
Your Property
When you provide User Content through the Services, including the prompts that you submit to our AI systems and Avatars (i.e. your input) that content remains yours. By providing User Content, you allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services, as well as for analytics purposes and for improvement of the Services and training and/or developing any AI models by us and any of our AI service providers. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
8. Content and User Content
Definitions
We may provide certain materials, such as avatars, images, videos, voice notes, chats, posts, and calls through the Services and may also allow you and other users to provide certain types of material, such as images, recommendations, reviews, comments, and feedback. "User Content" means materials you provide and "Content" means any content available through the Services, including User Content that may be provided by other users. Your messages through the chat feature are also considered User Content.
User Content Restrictions
You are fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that:
- violates the legal rights of others, including defaming, abuse, stalking or threatening others;
- infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
- is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- does not comply with any applicable laws, rules, or regulations;
- restricts or inhibits use of the Services;
- posts, stores, transmits, offers, or solicits anything that contains the following, or that you know or should know contains links to the following or to locations that in turn contain links to the following:
- material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such causes),
- material that is racially or ethnically insensitive, defamatory, harassing or threatening,
- material that references, simulates, encourages, or condones illegal sexual acts;
- material that exploits or mimics children;
- any virus, worm, trojan horse, or other harmful or disruptive component; or
- anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
User Interaction
When interacting with other users, whether or not such interaction occurs within the Platform, you agree to conduct yourself in a respectful and appropriate manner. This includes, but is not limited to, refraining from abusive, threatening, or harassing behavior, personal attacks, discrimination, or offensive language. Please note that if you interact with others or make User Content available to others, it may be possible for others to obtain Personal Data about you. We have no control over the use of this data by others and are not responsible for the use of any Personal Data that you disclose to any third party. We reserve the right to monitor interactions between users and to intervene or take action where necessary, which may include, but not be limited to, suspending or terminating the accounts of users who do not adhere to these guidelines.
9. Copyright -- DMCA
You may not post User Content that violates another's intellectual property rights. As the provider of your User Content, you are responsible for ensuring, to the best of your ability, that the User Content is non-infringing. If we are notified that certain User Content violates intellectual property rights, we may remove that User Content at any time and at our sole discretion, without notifying you, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). We reserve the right to take any additional measures we deem appropriate, including suspending and/or terminating your accounts. If you believe that something appearing on the Services infringes your or another's intellectual property rights, please notify us at [email protected]. If you believe that a notice has been wrongly filed against you, you may send us a counter-notice to the address above. Please note that notices and counter-notices must meet the DMCA's requirements and that there can be substantial penalties for false claims under the DMCA. We suggest consulting with your legal advisor before filing a notice or counter-notice.
10. Indemnification
You agree to indemnify, defend, and hold harmless OnVo, and its respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and (d) infringement of any right of any third party.
We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss or loss, including reasonable court costs, attorneys' fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
Either party claiming indemnification under this Section ("Indemnitee") shall: (i) provide the other party ("Indemnifying Party") with written notice of a claim promptly upon becoming aware thereof, (ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party's expense, in the defense and settlement of the claim.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE PLATFORM, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER.
We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
Avatars
Avatars are powered using AI systems. The content Avatars provide you is created autonomously by such systems (i.e. their output), which respond to the messages and/or conversations you have with them (i.e. your input) using algorithms and machine learning techniques. We cannot ultimately control what input you will feed the Avatar and what output the AI systems will generate as a result. Therefore, your use of the Services is at your own risk. Use the Services with discretion. We highly discourage you from including any sensitive information in your input, such as financial information, health information, contact information, or other personal or sensitive materials. While we take measures to protect your data, we cannot guarantee its security. We do not endorse and disclaim all liability for the output you receive and any actions you take or other consequences that arise out of your use of the Services.
Users
We cannot anticipate or control the actions or inactions of anyone else, including our clients, users, or unauthorized users. Therefore, we disclaim all liability, regardless of the form of action, for the acts or omissions of any and all users (including unauthorized users), that are not solely due to our gross negligence or willful misconduct. The foregoing disclaimer includes any user's misrepresentation of his/her age.
User Content
User Content comes from sources outside of our control, we take no responsibility for the accuracy, usefulness, safety, appropriateness, or non-infringement of any User Content; your use of any User Content is at your own risk. We do not endorse any opinions or recommendations expressed in any User Content. We have no obligation to display or maintain any User Content and may remove it without notice to you and for any reason. Any User Content that you opt to make public or share with other users will not be considered confidential. If you make User Content available to others, it may be possible for others to obtain Personal Data about you (such as your contact details and location). We have no control over the use of this data by others and are not responsible for the use of any Personal Data that you disclose through the Services by any third party.
Third-Party Content
Our Platform may provide you with links (including ads) to third-party sites and services. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party's data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
Resemblance to Real People
Any Avatar bearing any resemblance to any real person is purely coincidental. Avatars are fictional characters and are not meant to represent any real person. Any Avatars bearing the likeness of a real person will be removed.
In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONVO (AND ANY OF ITS OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ONVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.
13. Term and Account Termination
Term.These Terms will take effect when you accept them and shall continue in full force and effect until they are terminated in one of the ways described below. Subscription terms shall automatically renew for additional terms of the same length unless terminated in accordance with the terms below.
How to Terminate Your Account. You may request to terminate your account (and, by association, these Terms) at any time by sending an email to [email protected]. We will process your request promptly after receiving your notice. Upon termination, you may continue to use the Services until the end of the applicable month. Subscription fees shall not be refunded or pro-rated upon termination.
Termination by OnVo. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days' prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iii) you fail to pay any fees you are required to pay, including if you initiate a chargeback If your account is terminated, you may not rejoin by opening a new account without our permission.
Effect of Termination. Upon the termination of your account for whatever reason, you will no longer have access to the premium features of the Service available through a subscription. Any unused tokens in your account will be deleted so ensure that you use all your tokens before your subscription ends. Unused tokens are nonrefundable and will not regenerate if you reinstate your account. Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
14. Force Majeure
Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
15. Notices
To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
16. General
These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.