TERMS OF SERVICE FOR THE AVATARSPARK SYSTEM (B2B)

Version: 1.0   Effective date: 31.01.2026

NovumSpark Sp. z o.o., registered office: Łódź, address: ul. Okopowej 113 lok. 19, postal code 91-849

registry court: District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register

KRS: 0001220718 / NIP: 7262718050 / REGON: 543846251

Share capital: PLN 100,000.00

Contact: [email protected]

I. GENERAL PROVISIONS AND DEFINITIONS

§ 1. Introductory provisions

  1. These Terms set out the rules for providing electronic services within the “AvatarSpark” system by NovumSpark Sp. z o.o., with its registered office in Łódź at ul. Okopowej 113 lok. 19, postal code 91-849, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under number 0001220718, NIP 7262718050, REGON 543846251, with share capital of PLN 100,000.00 (hereinafter: the “Service Provider” or the “Company”).
  2. AvatarSpark is a SaaS (Software as a Service) platform that enables the generation and sharing of interactive video and/or audio materials using artificial intelligence tools (GenAI), and (depending on the plan) integration via API and the Plugin (Widget).
  3. The Service is intended exclusively for business entities. Consumers and consumer‑entrepreneurs within the meaning of applicable law are not entitled to use the Service.
  4. These Terms constitute a standard form contract within the meaning of Article 384 of the Polish Civil Code and are made available in a manner that enables their obtaining, reproduction and storage.
  5. Annexes indicated at the end of the document form an integral part of these Terms.

§ 2. Definitions

  1. API – a programming interface provided by the Company enabling integration of the System with the Client’s systems.
  2. Authorized Partner – an entity cooperating with the Company, authorized to offer the Service in its own name or on behalf of the Company, under a separate partner agreement (if applicable).
  3. Account Data – identification and contact data of the Client and users authorized to use the Account.
  4. DPA – data processing provisions referred to in § 22.
  5. Grace Period – a period of temporary limitation of functionality in case of payment delay, pursuant to § 17.
  6. Input (Source Materials) – data, content, files, recordings, images, information or other materials introduced by the Client into the System.
  7. Client – a natural person, legal person or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity, who enters into an Agreement with the Company. Due to the B2B nature of the Service, the Client status cannot be held by consumers or by natural persons entering into the Agreement directly in connection with their business activity where the Agreement does not have a professional character for them (so‑called consumer‑entrepreneurs).
  8. Output (Generated Materials) – results generated by the System based on the Input (e.g., video, audio, text, graphics), including files made available to the Client for download/playback.
  9. Account – the Client’s account in the System enabling use of the Service.
  10. Plugin (Widget) – a software component (source code, script, library) enabling embedding the Player on the Client’s website or application and communication with the API.
  11. Player – the user interface used to display and play Output and (optionally) conduct interaction with the End User.
  12. Subscription Plan / Subscription – a paid Service plan, the scope and limits of which are defined in Annex 1.
  13. Privacy Policy – the Company’s information document on data processing within the Service (for Clients), available at https://avatarspark.com/en/legal/privacy_policy.
  14. Widget Privacy Policy – the information document regarding data collected by the Plugin/Widget (for End Users), available directly in the Player interface and at https://avatarspark.com/en/legal/widget_privacy_policy.
  15. Force Majeure – an external event impossible to foresee and prevent, in particular: natural disasters, infrastructure failures, actions of public authorities, wars, riots, long‑term power/Internet outages, mass cyberattacks.
  16. System / Service – services provided by the Company within AvatarSpark, including software, infrastructure and functionalities available under the selected Subscription Plan.
  17. User – a person acting on behalf of the Client with access to the Account.
  18. End User – a natural person visiting the Client’s website/application who interacts with the Player. The End User is not a party to the Agreement concluded under these Terms.
  19. Spark Points (SP) – a billing unit used in the System to measure and charge for the use of functionalities, in particular video generation and AI functions. Conversion rule: 1 SP = 1 second of generated video; for AI functions (e.g., AI Wizard, TTS optimization) fixed fees apply as set out in the Price List. SP usage history is available in the Client panel.
  20. Presentation and administration layer – the System’s web application and the API/components required for login and Account management.
  21. Generative layer – the part of the Service responsible for processing Input and generating Output using AI tools, including external providers (if applicable).
  22. Technical Defect – a malfunction of the System due to reasons attributable to the Company, consisting in particular of: (a) unavailability of System functions contrary to the SLA, (b) errors preventing generation or download of Output despite sufficient funds (SP), (c) generation of technically corrupted files (e.g., empty, unplayable). A Technical Defect does not include failure to meet the Client’s subjective expectations as to aesthetics, style, fidelity of rendering or substantive content of the Output, resulting from the probabilistic nature of AI models.

§ 3. Conclusion of the Agreement, authority, Account

  1. The Agreement for provision of the Service is concluded upon acceptance of these Terms by a person registering the Account or activating a Subscription on behalf of the Client.
  2. The person entering into the Agreement declares that they are authorized to represent the Client and incur obligations on its behalf. The Company may request documents confirming such authority.
  3. Using the Service requires creating an Account and having a device with Internet access and an up‑to‑date browser.
  4. The Client is responsible for the actions of Users using the Account and for the security of login data.

§ 4. Relationship with an Authorized Partner (if applicable)

  1. If the Client purchases the Service via an Authorized Partner, commercial terms (price, invoicing, first‑line support) may result from a separate agreement between the Client and the Partner.
  2. To the extent not regulated by such separate agreement, the Company’s provision of the Service is governed by these Terms.
  3. The Company is not responsible for the obligations of the Authorized Partner towards the Client unless mandatory law provides otherwise.

II. COPYRIGHT, LICENSES, MATERIALS

§ 5. License to the System and Marketing

  1. The Company grants the Client a non‑exclusive, non‑transferable license to use the System to the extent necessary to use the Service during the term of the Agreement.
  2. The Client does not acquire intellectual property rights to the System, models, source code (except for the Plugin as specified in § 10) or documentation, beyond the rights expressly granted in these Terms.
  3. Unless the Client objects in writing or electronically, the Company may use the Client’s name and logo in its client list (references) for marketing purposes related to the Company’s business activity, in particular by placing them on the Service website, in sales presentations, offer materials and on social media, without disclosing confidential information. The Client may withdraw consent at any time with effect for the future.

§ 6. Rights to Source Materials (Input)

  1. The Client declares that it has all rights and consents necessary to introduce Input into the System and to process them within the Service, including (if applicable) consents of persons whose image/voice/personal data are contained in the Input.
  2. The Client grants the Company (and its subcontractors) a non‑exclusive license to use the Input solely for providing the Service, including processing, format conversion, storage and creation of backups – to the extent technically necessary.
  3. The Client bears sole responsibility for the legality of the Input and the consequences of their use in the System.

§ 7. Rights to Generated Materials (Output)

  1. Subject to mandatory provisions of law and third‑party rights, the Client acquires the right to use the Output within the Subscription Plan, including publication, distribution and use in business activity.
  2. The Company does not guarantee that the Output will not be similar to content generated for other clients or publicly available. This results from the probabilistic nature of the solutions.
  3. The Client is responsible for how the Output is used, in particular for ensuring that it does not mislead recipients and for fulfilling AI content labeling obligations (if applicable) – in accordance with § 24 and the laws applicable to the Client.
  4. At the Client’s request, the Company may (if functionality permits) provide generation history/source parameters (prompts) to the extent technically possible, while respecting trade secrets and System security.

§ 8. Confidentiality

  1. The parties undertake to keep Confidential Information obtained in connection with the Agreement confidential both during its term and for a period of 3 years after its termination, unless the law requires a longer period.
  2. “Confidential Information” means in particular: technical data, architecture, prices, commercial terms, development plans, materials provided during implementation, as well as Input and Output, provided that the Client marks them as confidential or their confidential nature results from the circumstances.
  3. The confidentiality obligation does not apply to information: (i) publicly available without fault of the party, (ii) disclosed pursuant to law or at the request or decision of an authority, (iii) legally obtained from a third party.
  4. The parties may disclose Confidential Information to their employees and subcontractors who need to know it in connection with performance of the Agreement, provided they are bound by a confidentiality obligation at least equivalent to that arising from these Terms.

III. NATURE OF THE AI SERVICE, API AND PLUGIN

§ 9. Probabilistic nature of the Service and no guarantee of results

  1. The Client acknowledges that the Service uses AI tools and the generation results are probabilistic and non‑repeatable.
  2. The Company does not guarantee that the Client’s subjective expectations as to style, aesthetics, content or “quality” of the Output will be met, unless it explicitly follows from the feature description (Technical Defect).
  3. The Company may update AI models, which may affect generation results, without obtaining separate consent from the Client.
  4. Previews and test versions are indicative and do not constitute an assurance of the final result.

§ 10. Rules for using the API and Plugin (Widget)

  1. Scope of availability:
    • Within the Service, the Company may provide the Client with access to the API and a Plugin enabling embedding the Player on the Client’s website or application.
    • Availability of the API and Plugin depends on the selected Subscription Plan (Annex 1).
  2. Plugin license:
    • The Company grants the Client a non‑exclusive, non‑transferable license to use the Plugin solely to integrate with the System and display Output on the Client’s websites/apps.
    • The Client may modify the Plugin only to the extent necessary for integration (e.g., CSS styling), provided that functional integrity, security and Company markings are maintained.
    • In particular, it is prohibited to: (i) remove or hide the Company’s markings (including the link to the Widget Privacy Policy and the reporting button), (ii) make the Plugin available to third parties as a standalone product, (iii) use the Plugin to bypass limits or safeguards of the Service.
  3. API keys and security:
    • Access to the API requires authentication with API keys generated in the Client Account.
    • The Client is responsible for the security of API keys and must protect them. API keys should be treated as confidential information.
    • If compromise of an API key is suspected, the Client must immediately invalidate it and generate a new one. The Company may temporarily suspend an API key in case of suspected abuse.
  4. Security logs and technical data (Company acting as controller):
    • To ensure security, prevent abuse and maintain integrity of the Service, the Plugin may record technical data, including IP address, request identifiers, event time, error information, and basic device/browser data.
    • Within the scope described above, the Company acts as a data controller and processes such data based on legitimate interest (Article 6(1)(f) GDPR). Retention period: up to 90 days, unless longer retention is necessary to establish, pursue or defend claims.
  5. Reporting function in the Plugin (Notice & Takedown):
    • The Plugin contains a function enabling End Users to report directly to the Company potentially unlawful content (in particular infringements of copyright, personal rights, image, impersonation, disinformation).
    • As part of the report, the Plugin collects data provided by the reporter (e.g., email address, category of violation, description) and technical data necessary to handle the report. In this scope, the Company acts as controller to fulfill obligations under § 23, the DSA and to defend against claims. Retention period: 3 years.
    • The Client undertakes not to remove, hide or block the reporting function in the Plugin.
  6. Client obligations towards End Users:
    • The Client, as the administrator of its website/application, is responsible for fulfilling information obligations and (if required) obtaining consents regarding storage/access technologies on end devices (cookie banner/CMP) – in accordance with the law applicable to the Client and End Users.
    • The Client must inform End Users about the use of external solutions (AvatarSpark Plugin), the possibility of IP logging for security purposes, and the reporting function.
    • The Company provides information about data collected by the Plugin in the Widget Privacy Policy at https://avatarspark.com/en/legal/widget_privacy_policy, to which the Client may link.
  7. Markings and transparency:
    • The Plugin contains a discreet “Powered by AvatarSpark” marking with a link to the Widget Privacy Policy and a reporting button.
    • The Company may agree to modify the visual marking under premium plans (white‑label). Even in white‑label mode, machine‑readable metadata and required AI labeling mechanisms (if available in the System) remain active.
  8. Updates:
    • The Company may update the API and Plugin to improve functionality, security or legal compliance.
    • If an update requires changes on the Client side, the Company will inform the Client in advance within a reasonable time, if technically possible.

§ 11. Technical requirements

  1. Technical requirements for using the System include: a device with Internet access, an up‑to‑date browser, and a properly configured environment for integration (in the case of API/Plugin).
  2. Detailed requirements and integration recommendations may be published in the Company’s technical documentation.

IV. AVAILABILITY, PROCESSING TIME, MAINTENANCE

§ 12. Availability level (SLA) and measurement method

  1. The Company ensures System availability in a layered model:
    • Presentation, administration and API layer: availability at 99.0% per month.
    • Generative layer (AI processing): provided on a best‑effort basis.
  2. The SLA applies only to the availability of the System interface (login, panel, API) and does not cover generation time, processing queues or quality of generation results.
  3. “Unavailability” means the inability to log in or perform an API request in the presentation/administration layer, excluding outages resulting from: (i) maintenance windows, (ii) force majeure, (iii) failures of the Client’s Internet providers, (iv) security breaches, (v) API limit overruns by the Client.
  4. In the event of a breach of the SLA in sec. 1(a), the Company’s sole remedy for the Client are Service Credits in accordance with Annex 1, provided that the Client submits a claim within 14 days after the end of the month to which the breach relates.

§ 13. Processing time

  1. The Client acknowledges that the time to generate Output depends on multiple factors (e.g., load, plan limits, material complexity, queues, model parameters, external providers).
  2. The Company does not guarantee a specific generation time unless expressly agreed otherwise in writing (extended SLA/Enterprise).

§ 14. Maintenance windows

  1. The Company may conduct planned maintenance (Maintenance Windows) to maintain, repair or develop the System.
  2. The Company informs about planned Maintenance Windows in advance, if technically possible. Work may be performed at night or on weekends.

V. DATA, RETENTION, EXPORT

§ 15. Data, backups, retention and export

  1. The Company stores Input and Output for the duration of the Agreement and for 30 days after its termination to enable the Client to download data or migrate, unless: (a) the Client deletes data earlier, (b) the law requires longer retention, or (c) the data are subject to a dispute/claim – until proceedings are concluded.
  2. The Company may perform backups to ensure continuity. Backups are stored for a period resulting from the Company’s backup policy (no longer than necessary).
  3. The Client may export data (within available features) during the Agreement. After termination, the Company may provide export upon the Client’s request within 30 days, if technically possible.
  4. Technical data and security logs are retained in accordance with § 10 sec. 4 (up to 90 days), and the N&T register in accordance with § 23 (3 years).

VI. FEES, SUBSCRIPTION, BLOCKING

§ 16. Subscription and payments

  1. Use of the Service is paid, unless the Company provides a trial period or a free plan.
  2. Billing rules, price list, limits and overage fees are defined in Annex 1.
  3. Billing is based on Spark Points (SP). SP are consumed when using paid functions:
    • video generation – 1 SP per each started second of video,
    • AI functions (AI Story Wizard, TTS text optimization, node recommendations) – fixed fees indicated each time in the System interface when the function is selected.
    The Client can monitor SP usage in the System panel in real time.
  4. If the SP limit in the Subscription Plan is exhausted:
    • The System automatically blocks generation of new Output (video) and use of paid AI functions until SP are topped up or a new billing period begins.
    • The Client retains access to the panel, existing projects and previously generated materials.
    • The Client may purchase additional SP or upgrade the Subscription Plan in accordance with Annex 1.
  5. Invoices are issued in accordance with tax regulations. Payment terms are specified in Annex 1.
  6. Failure to pay on time may result in a Grace Period and suspension of the Service.

§ 17. Access blocking (Grace Period)

  1. In the event of payment delay, the Company may apply the following stages:
    • Stage 1: notification and limitation of selected functions,
    • Stage 2: suspension of new Output generation,
    • Stage 3: suspension of Account access (while preserving the ability to download data, if possible).
  2. Details of stages and timelines may depend on the Subscription Plan and are set out in Annex 1 or a Company communication.

VII. LIABILITY

§ 18. Limitation of liability (Liability Cap)

  1. The total liability of the Company towards the Client, regardless of legal basis, is limited to the amount of net fees paid by the Client for the Service during the 12 months preceding the event causing the damage.
  2. The Company’s liability for lost profits (lucrum cessans) is excluded.
  3. The Company is not liable in particular for:
    • interruptions resulting from Force Majeure,
    • failures on the side of external providers within the generative layer,
    • use of Output by the Client in an unlawful or misleading manner,
    • damages resulting from actions or omissions of third parties (including Authorized Partners),
    • processing time, queues and delays in Output generation,
    • quality, style, aesthetics, content or other characteristics of the Output inconsistent with the Client’s subjective expectations (not constituting a Technical Defect),
    • the need to regenerate Output for reasons not constituting a Technical Defect,
    • conflicts of the Plugin with the Client’s website/application software,
    • actions or omissions of the Client towards End Users (e.g., lack of information obligations or required consents),
    • actions taken by the Company in response to notices received under § 23, provided they were in accordance with the procedure and the law.
  4. The limitations in sec. 1–3 do not apply to: (i) damages caused intentionally or by gross negligence, (ii) injury to life, health or body, (iii) liability that cannot be excluded under mandatory law.

§ 19. Client liability and indemnification

  1. The Client is responsible for the legality of the Input and the manner of using the Output.
  2. The Client undertakes to indemnify the Company and cover reasonable costs (including legal fees) resulting from third‑party claims related to: (a) Input provided by the Client, (b) use of Output by the Client in a manner contrary to law, (c) breach of information/consent obligations towards End Users, (d) modifications to the Plugin made by the Client.
  3. The Company will promptly inform the Client of a claim and allow the Client to participate in the defense, without prejudice to the Company’s right to take protective actions.

VIII. TERM AND TERMINATION

§ 20. Termination of the Agreement

  1. The Agreement is concluded for a fixed term corresponding to the Billing Period and is automatically renewed unless the Client resigns in accordance with Annex 1.
  2. Either party may terminate the Agreement with immediate effect in the event of a material breach by the other party, after an ineffective request to remedy the breach within 7 days (if the breach is remediable).
  3. The Company may terminate the Agreement with immediate effect in the event of critical breaches specified in § 23 or use of the Service to circumvent the law.
  4. Termination results in loss of access to the Account, subject to § 15 (export/retention).

IX. PERSONAL DATA PROTECTION (GDPR)

§ 21. Data protection – general provisions

  1. The Company is the data controller of personal data of Clients and Users (e.g., Account Data, billing, contact). Detailed information is provided in the Privacy Policy available at https://avatarspark.com/en/legal/privacy_policy.
  2. To the extent that the Client introduces personal data into the System as part of the Input or within data processed to provide the Service (including End User data processed on behalf of the Client), the Company acts as a processor within the meaning of Article 28 GDPR – in accordance with § 22 (DPA).
  3. End User data and the Plugin (role clarification – version 2.1):
    • The Client remains the controller of End User data collected and processed within its website/application and in connection with the use of Output (e.g., store account identifiers, order data, the Client’s own analytics).
    • If, through the Player, the System receives interaction content/parameters from an End User (e.g., query text), to the extent necessary to provide the Service to the Client, the Company acts as a processor on behalf of the Client (DPA).
    • Regardless of (a)–(b), the Company acts as controller for technical/security logs described in § 10 sec. 4 and for data reported under § 10 sec. 5 and § 23.
  4. The parties undertake to cooperate in the performance of GDPR obligations, including providing information, handling data subject requests and reporting data breaches, in accordance with the DPA.

§ 22. Personal data processing (DPA)

  1. Subject and duration: The Company processes personal data entrusted by the Client to the extent necessary to provide the Service, for the duration of the Agreement and – within the retention period in § 15 – for up to 30 days after its termination (unless the law requires longer).
  2. Nature and purpose: hosting, storage, processing Input, generating Output, providing the Player/API, maintenance and technical support.
  3. Categories of data and data subjects: data may include, among others, image, voice, text content, identification and contact data – depending on what the Client introduces into the System and how the Service is used. Data subjects: Client’s employees, collaborators, clients/contractors, End Users.
  4. Company obligations (processor):
    • process data only on documented instructions of the Client,
    • ensure confidentiality of persons authorized to process data,
    • implement appropriate security measures,
    • support the Client in exercising data subject rights (to the extent technically possible),
    • after the end of services, delete or return data (according to § 15), unless the law requires retention,
    • provide the Client with information necessary to demonstrate compliance and allow audit under sec. 9.
  5. Subprocessors:
    • The Client gives a general consent for the Company to use subprocessors listed at https://avatarspark.com/en/legal/processors.
    • The Company will inform the Client of planned changes to subprocessors in advance (at least 14 days), if possible, and the Client may raise a justified objection. In case of objection, the parties will attempt to agree on a solution; failing agreement, the Client may terminate the Agreement effective at the end of the current Billing Period.
  6. Transfers outside the EEA: if use of subprocessors involves transfers outside the EEA, the Company applies appropriate legal mechanisms (e.g., SCC) in accordance with the Privacy Policy and the subprocessor’s documentation.
  7. Personal data breaches: The Company will promptly inform the Client of a personal data breach affecting entrusted data and provide information necessary to assess and potentially notify the breach.
  8. Security measures: The Company applies measures appropriate to risk (including access control, transmission encryption, monitoring, backups, environment segmentation). Details may result from the Company’s security policies and may be provided upon request to the extent that critical information is not disclosed.
  9. Audit:
    • The Client may conduct a DPA compliance audit no more than once per year, after agreeing on the date (min. 14 days) and scope.
    • An audit must not violate the Company’s trade secrets, security of other clients or continuity of the System. The Company may alternatively propose security reports/certificates or a remote audit.
  10. If the Client processes special categories of data (Article 9 GDPR) or data on criminal convictions (Article 10 GDPR) within the Service, it does so at its own responsibility and ensures a legal basis, and the Company does not provide services for unequivocal biometric identification of persons, unless the parties agree otherwise in writing.

X. CONTENT POLICY, NOTICE & TAKEDOWN, AI ACT

§ 23. Content safety policy and Notice & Takedown procedure

  1. It is prohibited to introduce content into the System or generate materials that:
    • violate the law or third‑party rights (in particular image rights, copyrights, personal rights),
    • are used to create deepfakes for fraud, disinformation or impersonation,
    • contain pornographic content (including sexualization of minors), hate speech, or incite violence,
    • are used for phishing, fraud, spam or other abuses.
  2. The Company may use automated content verification mechanisms and, in case of justified suspicion of a breach of these Terms, temporarily limit access to functions, Output or the Account.
  3. Response procedure:
    • Minor violations – warning and request to remove the violation within 48 hours.
    • Major violations – temporary suspension of the Account (up to 30 days) and suspension of generation; in justified cases, partial refund for the suspension period may be possible if the violation was not intentional.
    • Critical violations – immediate and permanent Account block with no right to refund.
  4. Notice & Takedown reporting channels:
  5. Notice requirements – for a notice to be complete, it should include at least:
    • a justified reason why the reporter believes the content is unlawful,
    • location of the content (URL/Output identifier/project identifier),
    • name/company name and email address of the reporter,
    • a statement that the reporter acts in good faith and that the information provided is, to the best of their knowledge, accurate and complete,
    • (if applicable) evidence or substantiation of rights (e.g., identification of the work, proof of authorship, power of attorney).
  6. Incomplete notices may not be processed. The Company may request supplementation.
  7. Handling notices:
    • The Company will review a notice without undue delay, no later than within 14 days of receiving a complete notice.
    • For manifestly unfounded, abusive or bad‑faith notices, the Company may refuse to act or limit the ability to submit further notices by the person concerned.
    • If a notice is deemed valid, the Company may disable access to the indicated content or Output (temporarily or permanently) and take actions appropriate to the violation.
    • The Company will notify the Client of a notice concerning its content and the decision with justification.
  8. Appeal procedure:
    • The Client whose content has been blocked/removed may appeal within 14 days of notification.
    • Appeals should be submitted to [email protected] and include: (i) Client data, (ii) content identifier, (iii) justification, (iv) evidence (if applicable).
    • The Company will review the appeal within 14 business days and inform the Client of the decision with justification.
  9. Out‑of‑court dispute resolution (DSA): where applicable, the parties may use certified out‑of‑court dispute resolution bodies for moderation decisions under the DSA, without prejudice to the right to pursue claims in court.
  10. The Company keeps a register of notices and appeals for 3 years for evidentiary and reporting purposes.
  11. Submitting false notices or abusing the Notice & Takedown procedure may result in liability of the reporter under general rules.

§ 24. Transparency and AI content labeling obligations (AI Act)

  1. The Company implements transparency and labeling mechanisms for AI‑generated content to meet obligations arising from applicable and upcoming regulations (including the AI Act) and market best practices.
  2. AI labels may include:
    • machine‑readable metadata (e.g., tags in files, headers, origin identifiers),
    • visible labels in the interface (e.g., “Content generated by AI”),
    • a verification endpoint (API) enabling confirmation of authenticity and origin of the Output (if available under the plan).
  3. The Client undertakes to:
    • not remove or hide AI labels if provided by the System,
    • label published materials as required by the law applicable to the Client and the use context,
    • not use the Output to mislead recipients or impersonate third parties.
  4. In white‑label mode, the scope of visible labels may change; however, machine‑readable metadata remain active if generated by the System, and the Client remains responsible for meeting information obligations towards recipients.

XI. COMPLAINTS, CHANGES TO TERMS, DISPUTES

§ 25. Complaints

  1. The Client may submit complaints regarding a Technical Defect or improper performance of the Service to [email protected] or via the System panel.
  2. A complaint should include at least: Client data, description of the issue, date and time of the event, screenshots/logs (if available).
  3. The Company will review the complaint within 14 business days; in complex cases, it will inform about the extension and its reasons.
  4. Provisions on complaints do not exclude other rights under mandatory law.

§ 26. Changes to the Terms

  1. The Company may amend the Terms for valid reasons, in particular: changes in law, changes in the scope of the Service, security changes, changes in the billing model, changes of external providers affecting the Service.
  2. The Company will inform the Client of changes at least 14 days in advance by publishing a new version and sending a notice to the email address assigned to the Account or in the System panel.
  3. If the Client does not accept the changes, it may terminate the Agreement effective at the end of the current Billing Period. Continued use after the changes take effect constitutes acceptance.

§ 27. Dispute resolution

  1. The Agreement is governed by Polish law.
  2. The parties will seek amicable resolution of disputes, in particular through negotiations or mediation.
  3. In the absence of agreement, the competent court is the common court with territorial jurisdiction over the Company’s registered office, unless mandatory law provides otherwise.

§ 28. Final provisions

  1. If any provision of the Terms is found invalid, the remaining provisions remain in force, and the parties will replace the invalid provision with one that best approximates the economic purpose of the invalid provision.
  2. These Terms enter into force on the date indicated in the header. The Terms are available at https://avatarspark.com/en/legal/terms.
  3. In matters not regulated by the Terms, Polish law applies.

XII. ANNEXES

Annex 1: Price List, Subscription Plans and Billing Rules available at: https://avatarspark.com/en/plans

A. Subscription plans – https://avatarspark.com/en/plans

B. Billing definitions

  1. Billing Period – the period for which subscription fees are charged. The Billing Period starts on the subscription activation date.
  2. Renewal – automatic extension of the subscription for the next period unless the Client resigns according to the rules in the panel or agreement. The Company may inform about an upcoming Renewal at least 7 days in advance.
  3. SP limit exhaustion – after using the entire Spark Points limit within the Subscription Plan, the System automatically blocks paid functions (video generation, AI functions) until:
    • additional SP are topped up (according to the offer available in the Client panel) or
    • a new Billing Period begins (automatic limit reset).
    The Client retains full access to the panel and previously generated materials.
  4. Service Credits – compensation for SLA breach (presentation/administration/API layer):
    • Availability 99.0%–98.0%: 5% of monthly fee
    • Availability below 98.0% to 95.0%: 10% of monthly fee
    • Availability below 95.0%: 25% of monthly fee
    Maximum credits in a given month: 25% of the monthly fee. Credits are not paid out in cash and are non‑transferable.
  5. Payment term – 7 days from invoice date. Currency: PLN (for settlements outside Poland, EUR possible – details on request).
  6. Spark Points (SP) – the System billing unit. Charging rules:
    • Video generation: 1 SP = 1 second of generated material (rounded up to a full second).
    • AI functions: fixed per‑run fees as shown in the System panel.
    SP usage is recorded in the operations history available in the Client panel.

C. Feature availability in plans

Note: Machine‑readable metadata are present in all plans and cannot be disabled. AI functions (AI Story Wizard, TTS optimization, node recommendations) are available in all plans and billed according to the rates shown in the System panel.

Annex 2: List of subprocessors available at: https://avatarspark.com/en/legal/processors

Annex 3: Widget Privacy Policy available at: https://avatarspark.com/en/legal/widget_privacy_policy

Document version: 1.0   Last updated: 31.01.2026