Character Invoker

Terms of Service

Effective Date: 06/17/2024

1. Introduction

Welcome to Character Invoker (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website CharacterInvoker.com (the “Site”) and the AI avatar creation services (the “Service”) provided through the Site. By accessing or using the Site or Service, you agree to be bound by these Terms. If you do not agree, do not use the Site or Service.

2. Eligibility

You must be at least 12 years old to use the Service. Using the Service, you represent and warrant that you meet this age requirement.

3. User Account

  • 3.1 Account Creation: To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • 3.2 Account Responsibility: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of the Service

  • 4.1 Permitted Use: You may use the Service to create AI-generated avatars for personal, or commercial use. Any other use requires prior written permission from us.
  • 4.2 Prohibited Use: You agree not to:
    • Use the Service to create or distribute content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
    • Use the Service to create avatars that infringe the intellectual property rights or privacy rights of others.
    • Attempt to interfere with the operation of the Service or circumvent any security measures.

5. Intellectual Property

  • 5.1 Ownership: Once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes. However, we provide no warranties that you will be able to trademark or claim copyright ownership of our Artwork or that any trademark application or copyright claim will not infringe on any third-party Intellectual Property Rights
  • 5.2 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service to create AI-generated avatars for personal or comercial use.
  • 5.3 User Content: By submitting any content (e.g., text descriptions, images) to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such content for the purpose of providing the Service.

6. Data Privacy

  • 6.1 Data Collection: We collect, use, and share your data in accordance with our Privacy Policy. By using the Service, you consent to such data practices.
  • 6.2 Data Security: We implement reasonable measures to protect your data. However, you acknowledge that no data transmission or storage system can be guaranteed to be 100% secure.

7. Disclaimers and Limitation of Liability

  • 7.1 Disclaimer of Warranties: The Service is provided “as is” without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • 7.2 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, arising out of your use or inability to use the Service.

8. Indemnification

You agree to indemnify, defend, and hold harmless Character Invoker, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service or violation of these Terms.

9. Refund Policy

Digital Subscription Products 

If you stop using Character Invoker but forget to cancel your subscription, we’ll generally be happy to refund your latest subscription payment as long as you haven’t used any credits or created any images since the payment went through. To request a refund, log in to your Character Invoker account and send us a refund request via the Feedback Form.

Digital Products 

Credit packs and Pro subscriptions are non-refundable if any credits have been used. We don’t offer partial or pro-rated refunds.

All refund requests must be made within 7 days of the original purchase (in the case of non-recurring orders) or the latest subscription payment (in the case of subscription products).

Account Closure for Breaking Terms of Service

If your account is closed by us for violating the Terms of Service, you will NOT be eligible for a refund for any unused credits left in your account.

Non-returnable items:

Gift cards

NightCafe credits that have been used in a generation

Downloadable products

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us via the Feedback Form.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

10. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of United States of America, without regard to its conflict of law principles.

11. Changes to the Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. Your continued use of the Service after such modifications will constitute your acknowledgment and acceptance of the modified Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at support@characterinvoker.com

By using our Service, you agree to these Terms.