Terms of Service

These Terms of Service ("Terms") govern your access to and use of Claq (the "Service"), operated by Arthur de Paula Filiberto (Sole Trader) (ABN 42 627 319 380) ("Claq", "we", "us", "our"), a company based in Australia. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Claq provides an AI-powered platform for generating avatars and videos for digital marketing purposes. Features include video generation, avatar creation, and related tools. Features and functionality may change over time.

2. Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to use Claq. By using the Service you confirm you meet this requirement.

You are responsible for:

• Providing accurate registration information and keeping it current.
• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.

Notify us promptly at hello@claq.ai if you suspect unauthorised access.

3. Acceptable use

You agree not to use Claq to create, upload, or distribute content that:

• Depicts real, identifiable people (including public figures) without their verifiable consent.
• Constitutes a "deepfake" intended to deceive, defame, harass, or impersonate.
• Is sexually explicit, depicts minors in any sexualised or unsafe context, or constitutes child sexual abuse material.
• Promotes violence, terrorism, self-harm, or illegal activity.
• Spreads political misinformation, election interference, or fraudulent endorsements.
• Infringes intellectual property, publicity, or privacy rights of any person or entity.
• Violates Australian law including the Online Safety Act 2021 (Cth), Criminal Code Act 1995 (Cth), or the Australian Consumer Law.
• Attempts to reverse-engineer, scrape, overload, or circumvent the Service or its safety systems.

We may suspend or terminate accounts that breach this section, with or without notice, and may report unlawful content to relevant authorities (including the eSafety Commissioner where required).

4. User-uploaded content and likeness

You may upload content to the Service ("User Content"), including text, images, audio, and — where supported — your own likeness (facial images or voice recordings) for avatar creation.

You represent and warrant that:

• You own or have all necessary rights, licences, and consents to upload the User Content.
• Where User Content includes the likeness, voice, name, or other identifying features of any person (including yourself), you have obtained that person's verifiable, informed, written consent for its use in AI-generated outputs.
• The User Content does not violate Section 3 (Acceptable use) or any applicable law.

Licence to Claq

You grant Claq a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and modify your User Content solely to the extent necessary to provide and operate the Service (for example, to render videos, deliver outputs to you, generate previews, and maintain backups). This licence ends when you delete the User Content or close your account, except where retention is required by law or for legitimate backup cycles.

Training

We will not use your User Content to train, fine-tune, or improve our AI models or any third-party AI models unless you have given us explicit, opt-in consent (for example, by enabling a clearly-labelled setting). You may withdraw that consent at any time, and we will stop using your User Content for training going forward.

Biometric and sensitive information

If the Service permits upload of facial images, voice recordings, or other biometric identifiers, we treat that data as sensitive information under the Privacy Act 1988 (Cth) and handle it as described in our Privacy Policy.

5. Generated output and ownership

Subject to your compliance with these Terms and payment of applicable fees, you own the videos, avatars, and other outputs generated through your use of the Service ("Output").

You may use the Output for any lawful purpose, including commercial digital marketing.

Important limits on ownership

• We make no warranty that Output is unique. Generative AI may produce similar or identical outputs for different users, and we cannot guarantee originality, copyrightability, or non-infringement of third-party rights.
• You are solely responsible for ensuring that your use of the Output complies with applicable laws, including disclosure obligations for AI-generated content under the Australian Consumer Law, advertising codes, and platform policies (e.g., Meta, Google, TikTok rules for synthetic media).
• Where Output contains the likeness of a real person, you must clearly label it as AI-generated where required by law or platform rules, and you remain solely responsible for any claims arising from its publication or distribution.

6. Third-party AI services

Claq uses third-party AI providers (for example, OpenAI, Anthropic, and other model and infrastructure providers) to deliver parts of the Service. Your User Content may be transmitted to these providers strictly for the purpose of generating Output. We select providers that contractually agree not to use customer data to train their models, and we list current sub-processors in our Privacy Policy.

We are not responsible for the independent acts or omissions of third-party providers but will take reasonable steps to address material failures that affect the Service.

7. Subscriptions, fees, and payments

Some features require a paid subscription or one-off purchase. By subscribing, you agree to the price, billing cycle, and plan details shown at checkout.

• Processors. Payments are processed by third-party providers (which may include Stripe, Razorpay, Paddle, PayPal, or other supported processors). We do not store full card details on our servers.
• Currency. Prices are shown in USD and are exclusive of any applicable taxes as indicated at checkout, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Renewals. Subscriptions renew automatically at the end of each billing period at the then-current price, unless cancelled before renewal.
• Cancellation. You may cancel anytime from your account settings. Cancellation takes effect at the end of the current billing period.
• Refunds. Except where required by the Australian Consumer Law (see Section 11), fees are non-refundable. We do not provide refunds for partial periods, unused credits, or accidental renewals, except at our discretion.

8. Credits and usage limits

The Service may operate on a credit, generation-quota, or tiered usage model. Unused credits may expire as stated on the pricing page. We may reasonably adjust limits to prevent abuse or protect the Service.

9. Termination

• By you. You may close your account at any time from your settings.
• By us. We may suspend or terminate your access if you breach these Terms, if required by law, or if continued service poses a risk to other users or to the Service. Where reasonably practicable we will give notice and an opportunity to cure.
• Effect of termination. Your licence to use the Service ends. Output already generated and downloaded by you remains yours. We may delete User Content stored on our systems after a reasonable retention period (see our Privacy Policy).

10. Service availability and changes

We aim to keep Claq available but do not guarantee uninterrupted service. We may modify, suspend, or discontinue any part of the Service, with reasonable notice for material changes that affect paid users.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where to do so would be unlawful.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel your subscription and receive a refund for the unused portion, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Service remedied if it is not of acceptable quality and the failure does not amount to a major failure.

12. Disclaimers

To the maximum extent permitted by law, and subject to Section 11:

• The Service and Output are provided on an "as is" and "as available" basis.
• We do not warrant that Output will be accurate, suitable for any particular purpose, free of bias, or fit for use in any specific marketing channel.
• AI-generated content may contain errors, artefacts, or unexpected results. You are responsible for reviewing Output before publication.

13. Limitation of liability

To the maximum extent permitted by law, and subject to Section 11:

• Our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the fees you paid to Claq in the 12 months preceding the event giving rise to the claim, or (b) AUD $100.
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or reputational harm.
• Where liability cannot be excluded but can be limited, our liability is limited to (at our option) re-supplying the Service or paying the cost of having the Service re-supplied.

14. Indemnity

You agree to indemnify and hold harmless Claq and its officers, employees, and contractors from any claim, loss, or expense (including reasonable legal fees) arising from: (a) your User Content; (b) your use of Output, including any third-party claims about likeness, defamation, or IP infringement; (c) your breach of these Terms; or (d) your violation of any law.

15. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia. You and Claq submit to the non-exclusive jurisdiction of the courts of that State.

Before commencing proceedings, you agree to first contact us at hello@claq.ai and attempt to resolve the dispute in good faith for at least 30 days.

16. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, by email or in-app notice) before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Contact