Terms & Conditions.
1. Operator
queue s.r.o., registered office at Peckova 280/9, 186 00 Prague 8, company registration number (IČO) 28459075, VAT number (DIČ) CZ28459075. The company is registered in the Commercial Register kept by the Municipal Court in Prague, section C, file 143039. Avatify.cz is a trademark of queue s.r.o.
Contact address: Nile House, Karolinská 654/2, Karlín, 186 00 Prague 8. Contact: hello@avatify.cz
2. Subject of the service
The subject of the service is the creation of marketing videos using digital avatars, custom avatars and personal avatars. The offer also includes the add-on service Profession and setting change for an existing avatar, which makes it possible to adjust an already created avatar, changing the background, context, role and voice, without the need to create a new one.
3. Prices and VAT
All prices are shown excluding 21% VAT. Payment terms are handled individually after contact with the client.
4. Revisions
Every order includes 1 free revision. Each additional revision: from 515 CZK excl. VAT. Before final delivery, the client receives a preview to approve.
A revision means a single consolidated list of requested changes submitted by the client.
5. Delivery
Delivery dates are estimates unless otherwise agreed.
6. Consent and responsibility for content
The client acknowledges that the Avatify service uses generative artificial intelligence technology to create digital avatars and videos. Generated videos may contain minor visual or pronunciation imperfections inherent to AI-generated media. These do not constitute a defect unless explicitly agreed otherwise.
The client expressly declares and warrants that all materials, inputs and information provided for the creation of an avatar or video, including photographs, videos, logos and other visual materials, are used lawfully, either on the basis of the client's own copyright, a valid licence or the express consent of their author or rights holder. The client further warrants that the use of these materials does not infringe the rights of third parties.
The client is responsible for ensuring that submitted scripts do not infringe copyright, trademark or personality rights.
The client bears full responsibility for the legality of the materials provided. The provider bears no responsibility for the use of materials supplied by the client in breach of legal regulations or without the relevant authorisations.
7. Personal avatar and consent
To create a personal avatar, the express consent of the person who will be digitally depicted is required, in accordance with applicable European Union legislation.
The provider reserves the right to refuse creation of a personal avatar if identity cannot be verified or misuse is suspected.
8. Artificial intelligence and content transparency (AI Act)
The Avatify service uses generative artificial intelligence and third-party artificial intelligence technologies to create digital avatars and videos. The resulting video may therefore contain image, audio or audiovisual content that has been created or modified using artificial intelligence.
Not every video created through Avatify is automatically a so-called deepfake. Depending on the nature of the specific output, it may be (I) ordinary content featuring a digital avatar, (II) content depicting a specific, identifiable real person, or (III) content that resembles a real person, object, place or event in a way that could be mistakenly considered authentic and to which the transparency obligations under the AI Act may therefore apply.
A technical marking that the output was created or modified by artificial intelligence (for example metadata, a watermark or another machine-readable marking mechanism) may be included in the output through the artificial intelligence technology used or its provider, where such a mechanism is available and relevant. Avatify does not guarantee such technical marking of a specific video beyond the features provided by the technologies used.
The client is responsible for how the resulting video is subsequently used, published, distributed or otherwise made available. If a transparency obligation under the AI Act or other applicable legislation applies to a specific video when it is published or otherwise made available, the client is obliged to ensure it is met, in particular to ensure clear and appropriate labelling of the content where required. An example of such labelling may be the wording “Video created using artificial intelligence”; this is not, however, the only permissible wording. The information provided in these terms and conditions does not in itself replace any obligation to label a specific video in a manner that is visible or otherwise perceptible to the persons to whom the content is made available. These contractual arrangements do not alter the statutory allocation of obligations under the AI Act.
If, under a separate agreement, Avatify itself publishes or distributes a video on behalf of the client, it may, where required, ensure appropriate labelling of the content.
The client's responsibility for the materials provided and for the consent of persons captured in the video is governed by clauses 6 and 7 of these terms.
9. Licence
Videos are licensed for the client's commercial use, including paid advertising on social media and other online platforms.
10. Liability
The provider is not liable for business losses, indirect damages or lost profits arising from the use of the delivered videos.