SpeakAvatar Terms of Use

last updated: September 25, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms & Conditions:

Application: means the software program provided by the Company downloaded by You on any electronic device, named SpeakAvatar

Application Store: means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Payment Platform: means the payment platform used to process your payment (e.g., Paddle).

Affiliate: means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account: means a unique account created for You to access our Service or parts of our Service.

Country: refers to: The Netherlands

Company: (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to DeepAvatar Tech B.V., The Netherlands, Groningen, Paterswoldseweg 806, 9728 BM, KvK: 92002994.

Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback: means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial: refers to a limited period of time that may be free when purchasing a Subscription.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

Service: refers to the Application.

Subscriptions: refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions: (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You: (referred to as User) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, every three months or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

Subscriptions purchased via Application Stores:

You can cancel the renewal of Your Subscription with the Application Store.

The Company may provide You with a step-by-step guide on how to cancel Your Subscription. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Subscriptions purchased via an online platform owner (e.g., Paddle):

You can cancel the renewal of your Subscription through the platform's account/billing portal (e.g., your Paddle account). The Company may provide you with a step-by-step guide on how to cancel your Subscription. Fees already paid for your current Subscription period are non-refundable, unless required by applicable law or by the platform's own policy, and you will retain access to the Service until the end of your current Subscription period.

Billing

All billing and transaction processing are carried out by the applicable Payment Platform and are governed by that platform's terms and conditions and/or end-user license agreement. If you experience any issues related to a payment, you must contact the Payment Platform directly.

For certain membership options, payments may also be made via the Apple App Store and/or Google Play where the Company provides the relevant services through a mobile application. Purchase and payment flows may differ by platform, so please carefully review the purchasing and payment rules of the platform you use.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

In-app purchases via Application Stores:

The Application Store's refund policy will apply to all In-app purchases. If You wish to request a refund, You may do so by contacting the Application Store directly.

Direct purchases on the Website:

Where you purchase directly on https://speakavatar.app/ ("Website"), the Company provides a limited right of refund subject to the terms of the Refund Policy available at https://speakavatar.app/refund-policy/

Free Trial

The Company may, at its sole discretion, may offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchase and Payment

Purchases that are made on Our website are processed and handled by the Payment Processing Platform of Paddle.com Inc. or Paddle.com Market Ltd (Paddle.com Inc. and Paddle.com Market Ltd are together referred to as "Paddle") and are not stored or processed on Our servers. By making a purchase, You must also agree to the Terms and Conditions of the Payment Platform. You acknowledge and agree that You are fully responsible for managing your purchases on the Application and the amount you spend on purchase within the Application. For certain membership models, payment and purchase can also be made via Apple App Store and/or Google Play, if the Company offers the relevant services via mobile application. The User's purchase and payment processes may vary depending on the platform used. Please make sure that you carefully read the rules set by the relevant platform regarding purchase and payment transactions.

Our online order process is conducted by Our online reseller Paddle. Paddle is the Merchant of Record for Our online orders. Paddle provides all customer service enquiries and handles returns. Your relationship with Paddle is governed by the following Terms and Conditions https://paddle.com/legal/checkout-buyer-terms and Privacy Policy https://paddle.com/legal/privacy . Paddle's Privacy Policy applies whenever your purchase content using the Paddle. You are responsible for all amounts payable associated with purchases made through the Payment Platform. Besides, the Payment Platform may make available to You various payment processing methods to facilitate the purchase. You are required to abide by any relevant terms and conditions or other legal agreement, whether with the Payment Platform or a third party, that governs your use of a given payment processing method. The Payment Platform may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchase You make through the Payment Platform. For certain membership models, payment and purchase can also be made via Apple App Store and/or Google Play, if the Company offers the relevant services via mobile application. The User's purchase and payment processes may vary depending on the platform used. Please make sure that You carefully read the rules set by the relevant platform regarding purchase and payment transactions.

If You are under 18 then You are legally required to have You parents' or legal guardians' permission to make any purchases. By completing a purchase, You are confirming to us that You have any and all permission that may be necessary in order to allow You make that purchase. If you are a parent or legal guardian of someone under the age of 18, we recommend that You consider any parental control provided that you are concerned that your child may make excessive purchases.

The in-app purchases are purchased from and billed by the Payment Platform, not the Company. These purchases are subject to the terms and conditions of the Payment Platform. All billing and refund inquiries shall be directed to the Payment Platform. Having said that, the Company does not have access to the Payment Platform accounts and transactions. For certain membership models, payment and purchase can also be made via Apple App Store and/or Google Play, if the Company offers the relevant services via mobile application. The User's purchase and payment processes may vary depending on the platform used. Please make sure that You carefully read the rules set by the relevant platform regarding purchase and payment transactions.

Provided that it is not due to the User or the device used by the Use or the technical characteristics of the device used by the User (i) if any purchase is not successfully completed or the services do not work as specified once the purchase is completed downloaded, or (ii) if your preferred membership model allows You to use our services through a mobile application, but You are not able to use our services after making a purchase for such a membership, we will, after becoming aware of issue or being notified of the issue by You, we will investigate the reason for the issue. If You notice such an issue or a similar issue, please contact us immediately at support@speakavatar.app. Our technical team will use reasonable endeavours to resolve the issue and contact You as soon as possible.

You acknowledge and agree that all billing and transaction process are handled by the Payment Platform and governed by the Payment Platform's terms and conditions/end user license agreement. If You have any payment related issues with purchases, then You need to contact the Payment Platform directly. For certain membership models, payment and purchase can also be made via Apple App Store and/or Google Play, if the Company offers the relevant services via mobile application. The User's purchase and payment processes may vary depending on the platform used. Please make sure that You carefully read the rules set by the relevant platform regarding purchase and payment transactions.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Application.

You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with Our Application or a Third-Party Social Media Application.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Generative AI

Additional terms apply when you use the Company's generative AI services and features.

You may use generative AI features to submit inputs and receive generated outputs. When you use generative AI features, the inputs and outputs are your Activity Materials. You are responsible for your Activity Materials and will not use the Company's generative AI features in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering generative AI, outputs may not be unique and the Company may generate the same or similar output for third parties.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Should You desire to remove any data associated with your Account that has been collected and stored on the Company's servers, please contact us at support@speakavatar.app and provide us Your Account ID.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Application, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. Section 2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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.

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, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@speakavatar.app