CUSTOM AVATAR POLICY

2.1. “Custom Avatar” or “Digital Twin”

refers to a highly realistic, AI-generated, photorealistic or stylized visual representation of a specific human being, rendered dynamically by Kivoo AI based on Source Material provided by the User.

2.2. “Voice Clone” or “Synthetic Audio”

refers to an artificially generated audio model that perfectly, or near-perfectly, mimics the unique vocal timbre, pitch, cadence, and phonetic characteristics of a specific human being, generated via Kivoo AI’s text-to-speech engine.

2.3. “Source Material”

means any and all raw data uploaded by the User to train, condition, or instruct the Kivoo AI neural networks. This includes, without limitation, MP4 video recordings, high-resolution JPEG/PNG photographs, WAV/MP3 audio recordings, webcam captures, and specific textual descriptions of physical attributes.

2.4. “Biometric Data”

refers to the mathematical representations, facial geometry maps, voiceprints, and underlying algorithmic weights extracted by Kivoo AI from your Source Material exclusively to generate the Custom Avatar.

3.1. The User's Absolute Burden of Proof:

You are strictly, absolutely, and unequivocally prohibited from uploading Source Material, training a Custom Avatar, or synthesizing a Voice Clone of any human being unless you possess their explicit, informed, and legally binding written consent. You bear the sole, absolute, and unshared legal burden of proving this consent exists.

3.2. Cloning Yourself (First-Party Verification):

If you are generating a Custom Avatar of your own physical body and voice, you implicitly provide this consent by utilizing the platform, interacting with the training modules, and agreeing to this Policy. You warrant that the Source Material you upload genuinely depicts you, the registered Account holder.

3.3. Cloning Employees, Actors, or Clients (Third-Party Verification):

If you are operating on behalf of an advertising agency, marketing firm, or corporate entity, and you are creating a Custom Avatar of an employee, hired actor, client, or brand ambassador, you must possess a fully executed, legally binding commercial release form, talent agreement, or likeness licensing contract. This legal documentation must explicitly grant you the right to utilize artificial intelligence, machine learning, and digital synthesis to recreate their likeness for commercial deployment.

3.4. The Right of Audit and Immediate Takedown:

Kivoo AI assumes absolutely no legal obligation to proactively verify the consent of the individuals depicted in your Source Material before you initiate training. However, Kivoo AI reserves the absolute, unreviewable right to digitally audit your Account, demand cryptographic or physical proof of written consent, and immediately, permanently, and irreversibly delete any Custom Avatar or Voice Clone if we suspect, in our sole discretion, that the likeness was stolen, scraped, or utilized without the subject’s explicit permission.

4.1. The Absolute Prohibition on Public Figure Impersonation:

You shall not, under any circumstances, upload Source Material scraped from the public internet, YouTube, television broadcasts, or social media to clone the likeness or voice of sitting politicians, former heads of state, political candidates, international celebrities, A-list actors, professional athletes, prominent business executives, journalists, or highly recognizable social media influencers.

4.2. The Prohibition on Deceased Individuals:

You are strictly forbidden from uploading archival footage, historical photographs, or old audio recordings to digitally "resurrect" or clone the likeness of deceased individuals, including deceased celebrities, historical figures, or private family members, regardless of whether you claim to hold their post-mortem publicity rights.

4.3. The Prohibition on Non-Consensual Private Impersonation:

You shall not use Kivoo AI to clone the voice or synthesize the face of your ex-partners, coworkers, neighbors, teachers, classmates, or any private citizen. The generation of deepfakes to stalk, harass, bully, or psychologically abuse specific, identifiable individuals is a severe violation of this Policy and will result in immediate referral to law enforcement.

4.4. The Prohibition on Synthetic Minors:

You are absolutely forbidden from uploading images, videos, or audio of children or individuals under the age of eighteen (18) to create Custom Avatars. Kivoo AI’s automated safety classifiers are trained to detect pediatric facial structures, and any attempt to clone a minor will result in an immediate, permanent Account ban.

5.1. Strict Limitation of Processing Purpose:

When you upload Source Material, Kivoo AI’s underlying neural networks extract mathematical representations of facial geometry and vocal pitch. Kivoo AI explicitly, legally guarantees that this extracted Biometric Data is processed for one absolute, exclusive purpose: rendering your specific, requested Custom Avatar or Voice Clone within your secure Account.

5.2. The Absolute Prohibition on Cross-Training:

Kivoo AI unequivocally promises that we do not, will not, and cannot use your highly specific, personal Source Material, custom facial geometry, or unique voiceprints to train our generalized, public-facing foundational AI models. Your likeness will never be offered to other Kivoo AI users as a generic stock actor or template. Your Custom Avatar is mathematically siloed and cryptographically locked exclusively to your specific Account infrastructure.

5.3. Protection Against Data Brokers:

Kivoo AI does not, under any circumstances whatsoever, sell, lease, rent, trade, or commercially distribute your Source Material, Biometric Data, or Custom Avatars to third-party data brokers, facial recognition surveillance companies, or behavioral advertising conglomerates.

5.4. Ephemeral Storage and Permanent Deletion:

When you affirmatively choose to delete a Custom Avatar or Voice Clone from your Kivoo AI dashboard, or if your Account is permanently terminated, Kivoo AI initiates a cascading, cryptographic wipe. The underlying Source Material, the extracted mathematical Biometric Data, and the final synthetic model weights are irreversibly purged from our active cloud databases and rendering nodes within thirty (30) days, rendering the digital twin completely unrecoverable.

6.1. User Ownership of Source Material:

You retain all applicable, pre-existing ownership rights, copyright, and publicity rights to the original raw video and audio Source Material you upload to the platform.

6.2. Kivoo AI’s Ownership of the Generative Model:

You explicitly acknowledge that while you own your face and your voice, Kivoo AI owns the proprietary neural network architecture, the algorithmic weights, the source code, and the specific rendering technology required to generate the Custom Avatar. You cannot export, download, or extract the underlying AI model itself from our servers; you may only download the final rendered MP4 or WAV files (the Outputs) generated by utilizing the model.

6.3. The License to Generate and Broadcast:

Provided you maintain an active, paid Subscription and remain in perfect standing with our Master Terms of Service, Kivoo AI grants you a perpetual, worldwide, commercial-use license to utilize, broadcast, monetize, and distribute the final video and audio Outputs generated using your Custom Avatar. You are free to use your digital twin for YouTube automation, social media marketing, corporate training videos, and commercial advertising.

7.1. Massive Indemnification for Likeness Theft:

You agree to fully, completely, and aggressively indemnify, defend, and hold harmless Kivoo AI, its founders, engineers, cloud providers, and legal counsel from and against any and all massive, complex, and routine claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to exorbitant attorney’s fees) arising directly or indirectly from your unauthorized cloning of a human being.

7.2. Commercial Fraud and Defamation Liability:

If you utilize your Custom Avatar (or the authorized avatar of an actor you hired) to synthesize videos that violate truth-in-advertising laws, promote financial scams, make illegal medical claims, or defame a third party, you bear the absolute, unmitigated financial liability for all associated regulatory fines, FTC actions, civil judgments, and legal defenses. Kivoo AI will not be held liable for the words you type into the script generator.

8.1. The Uncanny Valley and Artifact Disclaimer:

Kivoo AI makes absolutely no warranties, representations, or guarantees regarding the aesthetic perfection, hyper-realism, or emotional accuracy of your Custom Avatar or Voice Clone. You expressly acknowledge that the rendered Avatar may exhibit the "uncanny valley" effect, visual artifacts, robotic lip-syncing errors, distorted micro-expressions, or unnatural vocal inflections.

8.2. No Refunds for Avatar Dissatisfaction:

As exhaustively detailed in our Master Financial Policy, the immense GPU compute time required to train a Custom Avatar is instantaneously consumed upon initiation. Therefore, all fees associated with custom avatar training, voice cloning, and subsequent video rendering are strictly, absolutely, and irreversibly non-refundable. We will not issue a fiat refund, partial credit, or prorated discount simply because you are dissatisfied with how your digital twin looks, sounds, or moves.

9.1. The Takedown Procedure:

If any individual, corporate entity, talent agency, or legal representative discovers that their face, voice, or proprietary character has been cloned, synthesized, or utilized as a Custom Avatar on kivooai.com without their explicit, documented permission, they must immediately submit a formal, legally binding takedown notice to help@kivooai.com.

9.2. Required Information for a Likeness Takedown:

The notice must contain a physical or electronic signature of the individual (or their authorized agent), identification of the specific unauthorized video or audio Output, information reasonably sufficient to locate the offending Account, and a statement made under penalty of perjury that the use of the likeness is entirely unauthorized.

9.3. Immediate Action and Account Annihilation:

Upon receipt of a valid likeness takedown notice, Kivoo AI will act swiftly to permanently delete the offending Custom Avatar, purge all related Source Material from our servers, and immediately, irrevocably ban the offending User’s Account without issuing a refund. Kivoo AI will fully cooperate with law enforcement and the victim’s legal counsel, including the unhesitating provision of the offending User's IP logs and generation history.

10.1. Unilateral Right to Modify:

The legislative landscape governing artificial intelligence, deepfakes, synthetic media, and biometric privacy is evolving at unprecedented speed globally. Consequently, Kivoo AI reserves the absolute, unilateral right to dynamically update, heavily revise, entirely rewrite, or subtly amend this Master Custom Avatar Policy at any time, for any reason, without requiring your prior consent. Your continued training or generation of Custom Avatars following the posting of an updated Policy constitutes your absolute, legally binding acceptance of the newly revised restrictions.

10.2. Exclusive Contact Protocol:

As an independent, cloud-native SaaS platform, Kivoo AI does not maintain a public physical corporate headquarters, nor do we accept physical mail, certified letters, or in-person service of process for legal disputes regarding synthetic media.

All inquiries regarding acceptable cloning practices, reporting of unauthorized deepfakes, DMCA takedown notices, or formal correspondence regarding the incredibly dense, strict text of this Master Custom Avatar Policy must be submitted strictly, exclusively, and entirely via electronic mail.