Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and MALCOMSON BROTHERS LIMITED ("Company", "we", "us", or "our"), a company registered in England and Wales, concerning your use of the AvatarMill service accessible at avatarmill.com (the "Service").

By accessing, registering for, or using our Service, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you disagree with any part of these terms, you must not access or use our Service. You must be at least 18 years old to use our Service.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to both you personally and that organisation.

2. Description of Service

AvatarMill is an AI creative studio that lets you generate, edit, and finish images and videos for social media and other commercial use. The Service includes the ability to:

• Create reusable AI characters from reference photographs you upload
• Generate and edit images and videos featuring those characters or other prompts
• Apply device-authentic finishing such as camera profiles, EXIF metadata, and codec normalisation
• Organise work in shared workspaces with multiple team members and roles
• Download generated content for your own use
• Optionally share generated content to a community feed

The Service relies on third-party AI providers to execute generation requests. Outputs are inherently probabilistic: results vary between runs and are not guaranteed to meet a specific brief.

3. Accounts and Workspaces

3.1 Account Creation

To use the Service you must create an account. You agree to:

• Provide accurate, current, and complete information at registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and not share them
• Accept responsibility for all activity under your account
• Notify us promptly at hello@avatarmill.com of any unauthorised access

3.2 Workspaces and Roles

The Service organises work into workspaces (also referred to as "tenants"). Each workspace has an Owner who created it, and may include Admins, Members, and Guests invited by the Owner or Admins. Different roles have different permissions to invite members, manage billing, create generations, or read-only browse content.

The Owner of a workspace is responsible for the activity of all users in that workspace, including paying for credits consumed and ensuring members comply with these Terms and the Acceptable Use Policy.

3.3 Account Termination

We reserve the right to suspend or terminate your account, or any individual workspace, if:

• You violate these Terms or our Acceptable Use Policy
• You provide false, misleading, or fraudulent information
• The account is used for activity we reasonably suspect to be illegal or abusive
• You attempt to evade rate limits, billing, or content moderation
• Required by law, court order, or instruction from a third-party provider we depend on

You may close your account at any time by contacting us. Termination does not entitle you to a refund of unused credits except as required by law.

4. Your Content and Generated Content

4.1 Content You Upload

You retain ownership of all photographs, video, prompts, character configurations, and other material you upload or input ("User Content"). By submitting User Content you represent that you have all rights necessary to do so, including (where the User Content depicts an identifiable person) any required consents from that person.

By uploading User Content you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, transmit, and process that content solely as needed to operate the Service for you, including transmitting it to the third-party AI providers we use to execute your requests.

4.2 Generated Content

Subject to these Terms and your full payment of any applicable fees, you own the images and videos the Service generates from your prompts ("Generated Content"). You are solely responsible for how you use Generated Content, including ensuring it complies with applicable law and the rights of any depicted persons.

You acknowledge that:

• AI outputs are not unique to you; substantially similar outputs may be generated for other users
• Some jurisdictions do not recognise copyright in purely AI-generated material; we make no representation as to the copyrightability of Generated Content
• Generated Content reflecting an identifiable real person may engage publicity, image, or personality rights you must clear separately

4.3 Community Sharing

If you choose to share Generated Content to the community feed, you grant us a non-exclusive, royalty-free, worldwide licence to display that content within the Service to other users. You can withdraw content from the community at any time, and we may remove community content at our discretion.

4.4 Content Restrictions

You must not upload, generate, or share content that violates our Acceptable Use Policy. We reserve the right (but have no obligation) to review, refuse, or remove any content that we believe violates these Terms or any applicable law.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including the AvatarMill name, logos, software, models we have trained, prompt templates, device-authentic profiles, and the underlying platform, is owned by MALCOMSON BROTHERS LIMITED and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or trade dress without our prior written consent.

5.2 Licence to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or commercial purposes in accordance with these Terms.

5.3 Feedback

Any feedback, comments, or suggestions you provide about the Service may be used by us without obligation, attribution, or compensation to you.

6. Payment, Credits, and Billing

6.1 Generation Credits

The Service operates on a prepaid credit model:

• Credits are purchased through Stripe and added to your workspace balance
• Each generation, edit, finish, or media-analysis run consumes credits at the rate displayed at the time of the action
• Pricing per model and per operation may change; the price you see at the moment of purchase or generation is the price that applies
• Credits are denominated in your workspace and not transferable between workspaces
• Credits do not expire while your account is active, but are forfeited if your account is terminated for breach

6.2 Auto-Topup

You may enable auto-topup, which authorises us to charge a saved payment method via Stripe when your credit balance falls below a threshold you set. You can disable auto-topup at any time from your billing settings.

6.3 Taxes

Prices are exclusive of VAT or other applicable taxes unless stated otherwise. You are responsible for any taxes applicable to your purchase that we are not required to collect.

6.4 Refunds

Credits and other charges are non-refundable except where required by law (for example, the UK consumer cancellation right where it applies) or where we determine in our sole discretion that a refund is appropriate, such as where a generation failed for reasons within our control and credits were not automatically restored.

6.5 Failed Payments

If a payment is declined or reversed (including chargebacks), we may suspend the relevant workspace, claw back any credits added by that payment, and recover our reasonable costs.

7. Privacy and Data Protection

Our collection and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. If you process personal data of third parties through the Service, our Data Processing Agreement applies. By using the Service you consent to that processing.

8. Disclaimers

8.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

8.2 AI-Generated Content Disclaimer

We do not warrant that AI-generated images or videos will:

• Meet your specific requirements or expectations
• Be accurate, realistic, free of artefacts, or fit for any particular purpose
• Faithfully reproduce the likeness of any reference subject
• Be unique to you or distinguishable from other AI-generated material
• Carry any particular metadata, EXIF, or watermarking guarantees, even where such finishing is requested

8.3 Third-Party Services

The Service depends on third-party providers for AI inference, payment processing, email delivery, hosting, and storage. Their availability, terms, and policies are outside our control. We are not responsible for outages, errors, or content moderation decisions made by those providers.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALCOMSON BROTHERS LIMITED SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORISED ACCESS TO OR USE OF THE SERVICE
• DAMAGES RESULTING FROM ANY GENERATED CONTENT OR ITS USE
• DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) £100 OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FRAUD).

10. Indemnification

You agree to indemnify, defend, and hold harmless MALCOMSON BROTHERS LIMITED, its officers, directors, employees, and contractors from any claims, liabilities, damages, losses, and reasonable legal fees arising from:

• Your use of the Service or any User Content or Generated Content
• Your breach of these Terms or the Acceptable Use Policy
• Your violation of the rights of any third party, including intellectual property, publicity, or privacy rights
• Activity in any workspace you own or administer, including the actions of users you have invited

11. Modifications

11.1 Service Modifications

We may modify, suspend, or discontinue the Service (or any feature) at any time. Where we discontinue a paid feature you actively use, we will use reasonable efforts to notify you in advance.

11.2 Terms Modifications

We may revise these Terms from time to time. We will indicate revisions by updating the "Last updated" date and, for material changes, by sending notice to your account email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-law provisions. Nothing in this clause deprives you of the protection of mandatory consumer-law provisions of your country of habitual residence where applicable.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be addressed by good-faith negotiation between the parties. If unresolved within thirty (30) days, the parties may refer the dispute to the exclusive jurisdiction of the courts of England and Wales.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and (where applicable) our Data Processing Agreement, constitute the entire agreement between you and MALCOMSON BROTHERS LIMITED regarding the Service.

13.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions continue in full force and effect.

13.3 Waiver

Failure to enforce any right under these Terms is not a waiver of that right or any other right.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or novate our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets.

13.5 Force Majeure

We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, network or power outages, denial-of-service attacks, or failures of upstream providers.

14. Contact

For questions about these Terms, please contact us at: