These Terms of Service ("Agreement") govern your use of the Avanti platform and services ("Services"), which allow you to generate images using text-to-image artificial intelligence and share them on a social feed. This Agreement outlines your rights and responsibilities concerning the images and other assets you may generate with the Service or share within the Avanti community ("Assets"). By accessing and using the Services, you accept and agree to be bound by the terms of this Agreement. If you do not agree to these terms, please do not use the Services.
To access certain features of Avanti, including the ability to generate images using our AI and participate in the social feed, you may be required to register for an account. By registering, you agree to:
Maintain the security of your form of identification (Sign in with Apple).
Accept all risks of unauthorized access to the Registration Data and any other information you provide to Avanti.
You are responsible for all activity that occurs under your account, whether or not you know about it. You agree to notify Avanti immediately of any unauthorized use of your account or any other breach of security.
Avanti reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Avanti provides a platform for users to create and share images using text-to-image AI technology. The service is available to both free and paid users with different levels of access and functionality:
Images generated by free users are for personal, non-commercial use only and will include an Avanti watermark. Free users are subject to a quota on the number of images they can generate within a given timeframe. Images created by free users are automatically published to the Avanti social feed.
Paid users with an active subscription have an increased image generation quota and the ability to generate images without an Avanti watermark. Plus users have the option to keep their generated images private and not share them on the Avanti social feed.
Regardless of the subscription status, all users must adhere to the following rules regarding the use of the service:
Do not use Avanti to generate or disseminate unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful content.
Avoid infringing or violating the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party.
Refrain from transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Avanti reserves the right to remove any content or suspend your access to the Service without prior notice for any users found to be in violation of these terms.
While using Avanti, you must comply with all applicable laws, regulations, and ethical guidelines. You are solely responsible for your conduct and your communication with other users of the Service. The following uses of Avanti are explicitly prohibited:
You may not use the service for any unlawful purposes or to promote illegal activities.
You may not infringe upon or violate someone else's rights or encourage others to do so. #### Abuse and Misconduct: Harassing, abusing, or harming another person or group, including Avanti employees and representatives, is strictly prohibited.
You may not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others.
Excessive posting of the same content or spamming is not allowed. Commercial advertising without proper authorization is also prohibited.
You may not disrupt or interfere with the normal operation of the service, including actions that could overload Avanti's infrastructure.
Generating or sharing sexual or NSFW (Not Safe For Work) content is strictly prohibited.
Avanti reserves the right to enforce these restrictions by any means necessary, including, but not limited to, suspending or terminating your account and cooperation with legal authorities.
Avanti respects intellectual property rights and adheres to the DMCA guidelines for addressing claims of copyright infringement. If you believe your copyrighted work has been unlawfully copied, you can submit a notice to our copyright agent with the necessary details.
Upon receiving a valid notice, Avanti will:
Users who dispute the claim may submit a counter-notice. Avanti will review the counter-notice and may restore the content unless legal action is initiated by the original claimant.
Governing Law These Terms of Service and any dispute that may arise between you and Avanti will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Dispute Resolution For any dispute with Avanti, you agree to first contact us and attempt to resolve the dispute with us informally. If Avanti has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding any Avanti claims for injunctive or other equitable relief) by binding arbitration. The arbitration will be conducted in Berlin, Germany, unless you and Avanti agree otherwise. Each party will be responsible for paying any arbitration fees in accordance with the arbitrator's rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Limitation on Claims Any cause of action or claim you may have arising out of or relating to these terms of service must be commenced within one (1) year after the claim or cause of action arises; otherwise, such cause of action or claim is permanently barred.
Avanti aims to provide a reliable and consistent service to all users. To ensure fair access and the stability of the service, the following rate limiting policies are in place:
Free users are subject to a quota limiting the number of images that can be generated within a certain timeframe. This quota is designed to prevent abuse of the service and to ensure equitable access for all users.
Plus users will enjoy a higher quota for image generation as part of their subscription benefits. Details of the Plus quota are specified in the "Subscription Terms" section.
Avanti reserves the right to throttle or limit access to the service at any time, for any user, if we believe that user’s actions are imposing an unreasonable load on our infrastructure, disrupting the services for other users, or if we detect usage patterns that suggest automated or non-human traffic.
Users must not take any action to circumvent the rate limiting policies, including the use of multiple accounts or other technical means.
Avanti reserves the right to modify the rate limiting and access policies to maintain the highest service level possible for all users. Any changes to these policies will be communicated through the service or via email.
All payments for subscriptions and other in-app purchases within Avanti are processed by Apple Inc. ("Apple") through the user's iTunes account. By subscribing or making a purchase, you are agreeing to Apple's applicable payment policy and confirming that you are authorized to use the provided payment method associated with your iTunes account.
Subscriptions are billed on a recurring basis through your iTunes account. Your subscription will automatically renew unless turned off in your iTunes Account Settings at least 24 hours before the end of the current subscription period. The renewal charge for your subscription will be billed to your account within 24 hours prior to the end of the current period.
You can manage your subscription and turn off auto-renewal by going to your Account Settings on your device after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.
If any subscription fees are not paid through your iTunes account, you will need to resolve the issue with Apple directly. Avanti does not have access to your iTunes account information and cannot handle payment issues related to your account.
Subscriptions can be canceled at any time through your iTunes Account Settings. You will have access to the Plus features of Avanti until the end of your current billing cycle, but no refunds will be provided for any unused portion of the term. All transactions are subject to the applicable policies of Apple's iTunes Store.
Avanti's community thrives on creativity and expression through images generated by our AI technology. In fostering a collaborative and safe space, we require all members to adhere to the following guidelines:
You must be 17 years of age or older to use Avanti. By creating an account, you represent and warrant that you are at least 17 years old.
Engage with other users respectfully. Personal attacks, harassment, hate speech, or any discriminatory behavior will not be tolerated. Avoid content that may be offensive or alienate individuals or groups based on race, gender, sexual orientation, religion, ethnicity, age, or disability.
Post content suitable for a diverse audience. Content that is explicit, violent, or otherwise deemed objectionable is strictly prohibited. Ensure you have the rights to any content you share and do not infringe upon the intellectual property rights of others.
Refrain from spamming, flooding the community with posts, or creating duplicate posts. These behaviors can negatively impact the experience for other users. Promote constructive interaction and positivity. Do not partake in or encourage disruptive or damaging conduct.
Utilize the in-app reporting tools to alert us of any users who violate these guidelines or engage in inappropriate behavior. Avanti will assess reported violations and take necessary actions, including but not limited to content removal, account suspension, or other measures to uphold these guidelines.
By participating in the Avanti community, you agree to follow these Community Guidelines. Failure to comply may result in the suspension or termination of your account. Avanti reserves the right to remove content and enforce account actions at our discretion to maintain the integrity of our community.
Avanti, its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, special, indirect, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Avanti has been advised of the possibility of such damages), resulting from:
The use or the inability to use the service; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of any third party on the service; Any other matter relating to the service. Avanti's total liability to you for all claims under these Terms of Service shall not exceed the amount you paid Avanti for the use of the service.
Indemnity You agree to indemnify and hold Avanti, its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, your connection to the service, your violation of the Terms of Service, or your violation of any rights of another.
All content included on the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Avanti or its licensors and protected by copyright and other laws that protect intellectual property and proprietary rights.
Avanti does not claim ownership of the content you create using the text-to-image AI service. However, by sharing your generated content on Avanti's social feed, you grant Avanti a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any content you post on or through the Service.
(a) Termination of Repeat Infringer Accounts. Avanti respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. § 512(i) of the Copyright Act, Avanti has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. Avanti may terminate access for participants who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please refer to the "DMCA and Takedowns Policy" section for instructions on how to submit a proper claim.
Avanti, the Avanti logo, and other Avanti graphics, logos, slogans, taglines, and trade names used on the Service are trademarks of Avanti and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that appear on the Service are the property of their respective owners.
Your privacy is very important to us at Avanti. All personal information collected and used from the Service will be processed in accordance with our Privacy Policy, which is a separate document available on our website or upon request.
By using Avanti, you acknowledge that you have read and agree to be bound by our Privacy Policy.
For any questions regarding privacy, or to obtain a copy of the Privacy Policy, please contact us using the information provided in the "Contact Information" section.
Termination by Avanti Avanti may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
Termination by User You may terminate your use of the Service at any time by deactivating your account and discontinuing your use of Avanti.
Effect of Termination Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. Avanti shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Survival Any provisions of these Terms that, by their nature, should survive termination of your use of the Service will survive such termination.
Avanti reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Acceptance of Changes By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Notification of Changes We may notify you of changes to these Terms through the Service interface, via email, or through other reasonable means of communication. It is your responsibility to check these Terms periodically for changes.
This section gives you the flexibility to make changes to the Terms and Conditions as necessary and outlines the method of communicating those changes to your users.
Please review this section to ensure it matches your intended practices for updating these Terms and Conditions. If you have specific notification procedures or timelines in mind, or if you would like to make any modifications, let me know.
If you have any questions about these Terms and Conditions, your dealings with this Service, or if you would like to provide feedback, please contact us at:
Avanti Support
support@federicoramos.com.ar www.federicoramos.com.ar
We aim to respond to all inquiries and feedback in a timely and professional manner.