AvatarReacts

Terms of Service

Important Notice: This Terms of Service agreement is subject to binding arbitration and a waiver of class action rights as detailed in the section "Binding Arbitration and Class Action Waiver". PLEASE READ THE AGREEMENT CAREFULLY.

Last updated: June 12, 2026.

Please read these terms of use carefully before using this app. These terms of use ("Terms", "Agreement") are an agreement between Daruma Ventures LLC ("Daruma Ventures LLC", "us", "we" or "our"), and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of our web and Applications and any of their products or services (collectively, "Applications" or "Services"). By using the Applications on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms and any other applicable law.

We may update or modify these Terms at any time. If we make material changes, we may provide notice by posting the updated Terms on this page, updating the "Last updated" date, or through other reasonable means. Your continued use of the Services after such changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.

AI-Generated Content Disclaimer

The Services use artificial intelligence and third-party providers to generate avatars from text prompts and to render reaction videos from videos you upload. By using the Services, you acknowledge and agree to the following:

Accounts and Membership

You must be at least 18 years of age to use this Applications. By using this Applications and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Applications through the sign-in methods we offer, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Your use of any third-party login provider we may offer is also subject to that provider's terms and policies. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may, at our sole discretion and without prior notice or liability, suspend, restrict, or terminate your account or access to the Services (or any part thereof) at any time for any reason, including but not limited to: (a) violation of these Terms; (b) suspected fraud, abuse, or misuse of the Services; (c) use of the Services to generate unlawful, misleading, deceptive, or harmful content; (d) infringement of intellectual property or other rights; (e) non-payment of fees; or (f) actions that may harm Daruma Ventures LLC, its users, or third parties. We may also remove or disable any content at our discretion.

If your account is terminated, you may lose access to your User Content and Generated Content, and we are not obligated to provide you with a copy. We may prevent re-registration and block access using any means available to us, including email address and IP address blocking.

Your Responsibilities

Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your Account.

You will ensure that your use of the Services, including any Generated Content, does not violate any applicable law, regulation, or third-party right. You are solely responsible for all content you create, modify, publish, or distribute using the Services.

Without limitation, you are responsible for ensuring that all advertisements, marketing materials, claims, testimonials, and representations comply with applicable laws and regulations, including FTC guidelines, consumer protection laws, advertising platform policies, intellectual property rights, and rights of privacy and publicity. You are solely responsible for substantiating any claims made in your content and for obtaining any required permissions, licenses, or consents.

Subscriptions, Promotions, and Trials

Daruma Ventures LLC may offer free trials, promotional pricing, and paid subscription plans for the Services. Unless otherwise stated, subscriptions renew automatically until canceled. You may cancel at any time through your account, billing portal, or any method we make available, but cancellation will take effect at the end of the then-current billing period unless otherwise required by law. If you do not cancel before the end of a free trial or promotional period, you authorize Daruma Ventures LLC and its payment processor to begin charging the applicable subscription fees for the plan you selected. Fees are non-refundable except as required by law or as expressly stated in our Refund Policy.

If any payment is not successfully settled, is reversed, or is subject to a chargeback, we may suspend or terminate your access to the Services immediately without notice. You agree to pay all outstanding amounts owed, including any fees, chargebacks, or penalties incurred. We reserve the right to use third-party collection services or pursue legal remedies to recover unpaid amounts to the fullest extent permitted by law.

Content Ownership and License

You retain ownership of any content, prompts, inputs, brand materials, or media you submit to the Services ("User Content"). You grant Daruma Ventures LLC a worldwide, non-exclusive, royalty-free license to use, process, store, transmit, and display User Content solely as necessary to provide, maintain, and improve the Services.

Subject to your compliance with these Terms and any applicable payment obligations, AvatarReacts grants you a non-exclusive, worldwide license to use the content generated by the Services ("Generated Content") for your internal and commercial purposes. You acknowledge that Generated Content may not be unique and that other users may receive similar or identical outputs.

You are solely responsible for ensuring that your User Content and your use of Generated Content do not infringe or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party. Daruma Ventures LLC makes no representations or warranties regarding ownership, originality, or non-infringement of Generated Content.

Avatars, Likeness, and Uploaded Video

Avatars on AvatarReacts are generated from text prompts. The Services do not offer uploading a photograph of a real person's face to create an avatar. If you upload any video or other material, or use any avatar through the Services, you represent and warrant that you have all necessary rights, licenses, and consents to use that material, including any likeness it contains, including for commercial purposes.

You are solely responsible for ensuring that your use of any likeness, voice, or identity complies with applicable laws, including rights of publicity, privacy, and consent. Daruma Ventures LLC does not verify or guarantee that any likeness or generated avatar is lawful for your intended use.

You agree that Daruma Ventures LLC shall not be liable for any claims arising from your use of any avatar, likeness, or generated representation, including claims related to misappropriation, impersonation, or violation of publicity or privacy rights. Additional terms may apply as set forth in our Custom Avatar Policy.

Backups

We are not responsible for Content residing in the Applications. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During use of the Applications, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Applications. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Email

By providing your email address, you consent to receive communications from Daruma Ventures LLC, including account-related, transactional, and service-related messages, as well as marketing and promotional emails. You may opt out of marketing communications at any time by using the unsubscribe link in our emails or by contacting us via the Contact link in the footer. You acknowledge that you may continue to receive non-promotional, service-related communications as necessary to provide the Services.

Third-Party Services

The Services rely on third-party providers, including but not limited to providers of artificial intelligence, image generation, video generation, hosting, storage, analytics, authentication, and payment processing. We do not control and are not responsible for the performance, availability, accuracy, legality, or policies of any third-party services.

We make no guarantees that the Services will be uninterrupted, error-free, or available at all times. Features may change, be limited, or become unavailable due to third-party provider changes, outages, rate limits, content restrictions, or other factors outside our control.

Your use of third-party services may be subject to their own terms and policies, and you are responsible for reviewing and complying with those terms. Daruma Ventures LLC disclaims all liability arising from or related to any third-party services.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Applications or its Content:

Further, subject to your compliance with these Terms and any applicable payment obligations, you may use Generated Content for your internal and commercial purposes. Except as expressly permitted herein, you may not copy, modify, distribute, sell, sublicense, or exploit any part of the Services or underlying technology. You agree not to change or delete any ownership notices from materials downloaded or printed from the Applications. Nothing in these Terms shall be interpreted as granting any license to Daruma Ventures LLC's intellectual property except as necessary to use the Services. We reserve the right to terminate your use of the Service or any related Applications for violating any of the prohibited uses.

Acceptable Use and Usage Limits

Your use of the Services is subject to reasonable usage limits and fair use policies designed to prevent abuse, ensure system performance, and maintain service quality for all users. These limits may include restrictions on generation volume, rate limits, feature access, or other usage thresholds.

We reserve the right, at our sole discretion, to monitor usage and to suspend, restrict, or terminate access to the Services if we determine that your usage exceeds reasonable limits or violates our Acceptable Use Policy.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. Daruma Ventures LLC is not responsible or liable for any loss or damage resulting from any interaction with other Applications users, persons you meet through the Applications, or persons who find you because of information posted on, by or through the Applications. You agree to take reasonable precautions in all interactions with other users on the Applications, and conduct any necessary investigation before meeting another person. Daruma Ventures LLC is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Intellectual Property Rights

All intellectual property on the Applications and Website are owned by Daruma Ventures LLC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, trade names, and trade dress, are owned, registered and/or licensed by Daruma Ventures LLC. All content on the Applications (except for Personal Information), including but not limited to our name, logo, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Daruma Ventures LLC; All rights reserved. This Agreement does not transfer to you any intellectual property owned by Daruma Ventures LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Daruma Ventures LLC. All trademarks, service marks, graphics and logos used in connection with our Applications or Services, are trademarks or registered trademarks of Daruma Ventures LLC or Daruma Ventures LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Applications or Services may be the trademarks of other third-parties. Your use of our Applications and Services grants you no right or license to reproduce or otherwise use any Daruma Ventures LLC or third-party trademarks.

Disclaimer of Warranty

You agree that your use of the Services is solely at your own risk. The Services and all content, including Generated Content, are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Daruma Ventures LLC disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Daruma Ventures LLC makes no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Services will be accurate, reliable, compliant, or effective; (d) any Generated Content will be suitable for advertising, marketing, or commercial use; or (e) any errors or defects will be corrected.

You understand and agree that any use of Generated Content, including in advertisements or marketing materials, is done at your own discretion and risk, and you are solely responsible for any outcomes, claims, or liabilities arising from such use.

No advice or information, whether oral or written, obtained by you from Daruma Ventures LLC or through the Services shall create any warranty not expressly stated in these Terms.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Daruma Ventures LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, business, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Services, including any Generated Content.

To the maximum extent permitted by law, Daruma Ventures LLC's total aggregate liability for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amount you paid to Daruma Ventures LLC in the three (3) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

The limitations in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Daruma Ventures LLC has been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Daruma Ventures LLC and its directors, officers, employees, contractors, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content or use of Generated Content; (c) any advertisements, marketing materials, claims, or representations you create, publish, or distribute; (d) your violation of these Terms or any applicable law or regulation; or (e) your infringement or violation of any intellectual property, privacy, publicity, or other rights of any third party.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Binding Arbitration

Any dispute, claim or controversy ("Claim") relating in any way to this Agreement, the Site, or your use of the Services will be resolved by binding arbitration as provided in this section, rather than in court, except that you may assert claims in small claims court if your claims qualify.

If you are located in the United States: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the "Rules") as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in a Federal District Court or a New York state court located in New York County, New York. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out via email to the address listed in the footer of this website with subject line LEGAL OPT OUT. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Daruma Ventures LLC also will not be bound by them.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and Amendments

We may update or modify these Terms at any time as described above. Your continued use of the Services after such changes become effective constitutes your acceptance of the updated Terms.

No Agency or Endorsement

Nothing in these Terms or your use of the Services creates any partnership, joint venture, agency, or employment relationship between you and Daruma Ventures LLC. You may not represent or imply that you are acting on behalf of Daruma Ventures LLC or that Daruma Ventures LLC endorses, sponsors, or approves any of your content, advertisements, or activities.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Applications or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Applications and its Services.

Contacting Us

If you have any questions about these Terms of Service, please use the Contact link in the footer of this website.