Terms of Service

If you are entering into an agreement with Lavatr on behalf of a company or other organization, you represent that you have authority to bind that organization.

1. Our Services

Lavatr is an AI-powered communication and content agency. Our services may include content strategy and planning, AI avatar and digital twin implementation, script development, video production and editing, synthetic voice and video generation, interactive AI experiences, and related creative, consulting, and production services (collectively, the “Services”).

Certain Services are delivered using third-party artificial intelligence and technology platforms. Lavatr provides the strategy, creative, production, implementation, and managed-service layer but does not develop or own all of the underlying technology used to provide the Services.

The specific Services, deliverables, pricing, and other terms applicable to a client engagement may be described in a proposal, order form, service agreement, statement of work, or other written agreement between Lavatr and the client (“Client Agreement”).

If a Client Agreement conflicts with these Terms, the Client Agreement will control with respect to that engagement.

2. Third-Party AI and Technology Providers

Lavatr uses third-party technology providers to deliver portions of the Services.

Lavatr currently uses HeyGen for certain AI avatar, digital twin, voice, and video-generation capabilities. Client photos, videos, audio, voice recordings, likeness, and related materials may be processed through HeyGen when necessary to create and operate an authorized avatar or generate content using that avatar.

Lavatr may also use other third-party providers for editing, production, cloud storage, communications, and related functions.

These technology providers operate platforms that Lavatr does not own or control. Their availability, functionality, security practices, and performance may therefore be subject to their own terms, policies, and technical limitations.

Lavatr may add, replace, or modify technology providers as our Services and available technologies evolve, provided that we continue to handle Client Content in accordance with applicable agreements and our Privacy Policy.

For additional information about the technology currently used for AI avatar generation, clients may review HeyGen’s Terms of Service. HeyGen’s terms govern its underlying technology and platform and do not replace these Terms or the applicable agreement between Lavatr and its clients.

3. Client Content and Authorization

“Client Content” means photographs, video, audio, voice recordings, scripts, documents, trademarks, logos, brand materials, information, instructions, and other content provided to Lavatr by or on behalf of a client.

Clients retain all ownership rights they have in their Client Content, including their name, image, voice, likeness, trademarks, logos, and other proprietary materials. Providing these materials to Lavatr does not transfer ownership to Lavatr.

By providing Client Content to Lavatr, the client grants Lavatr and the technology providers used by Lavatr the limited permission necessary to access, transmit, upload, process, store, reproduce, and use that Client Content solely for the purpose of providing the Services requested by the client.

Lavatr will not use a client’s image, voice, likeness, AI avatar, or digital twin to independently create content unrelated to the client’s engagement or for purposes not authorized by the client.

Clients represent and warrant that they own or have obtained all rights, permissions, licenses, and consents necessary for Lavatr to use the Client Content as contemplated by the Services.

If Client Content includes the image, voice, likeness, or other personal information of another individual, the client is responsible for obtaining appropriate authorization from that individual before providing the material to Lavatr.

4. AI Avatars, Voice, and Likeness

Lavatr will not knowingly create an AI avatar, digital twin, synthetic voice, or similar digital representation of an individual without appropriate authorization.

Clients retain their rights in their name, image, voice, likeness, and other personal attributes used in connection with an AI avatar or digital twin. Lavatr does not claim ownership of a client’s identity, likeness, or voice.

When a client authorizes Lavatr to create or manage an AI avatar or digital twin, that authorization is limited to providing the Services and creating content within the scope of the client engagement.

This may include content identified in an agreed content strategy, content plan, production schedule, individual client request, or other mutually agreed direction.

Lavatr will not intentionally use a client’s AI avatar, digital twin, voice, or likeness to create unrelated content, endorse third-party products or services, communicate positions or opinions on the client’s behalf, or otherwise use the client’s digital representation outside the scope of the client engagement without additional authorization.

Lavatr may use authorized third-party technology providers, currently including HeyGen for certain avatar, voice, and video-generation capabilities, as necessary to provide these Services.

When a client asks Lavatr to create or manage an AI representation of another person, including an employee, executive, spokesperson, contractor, or other individual, the client represents that it has obtained all permissions and consents necessary to authorize Lavatr and its technology providers to perform those Services.

Additional consent or verification may be required as part of the avatar creation process.

5. AI-Generated Content and Client Review

Certain deliverables produced through the Services may incorporate artificial intelligence or synthetic media.

Lavatr combines AI technology with human strategy, creative direction, production, and review. However, AI-generated content may occasionally contain inaccuracies, omissions, unexpected results, or other errors.

Clients are responsible for reviewing and approving final content before publication or distribution.

This responsibility is particularly important for content involving legal, financial, medical, tax, regulatory, cybersecurity, technical, or other professional or factual claims.

Unless specifically agreed otherwise in writing, Lavatr does not provide legal, financial, medical, tax, regulatory, or other professional advice and does not guarantee the accuracy of information supplied by a client or generated from third-party technology.

Clients remain responsible for how final content is published, distributed, represented, and used.

6. Ownership and Intellectual Property

Client Identity and Materials

Clients retain all rights they have in their name, image, voice, likeness, trademarks, logos, source photographs, source video, source audio, proprietary information, and other Client Content.

Nothing in these Terms gives Lavatr ownership of a client’s identity, likeness, voice, or personal brand.

Final Deliverables

Upon full payment of all applicable fees, the client owns the final videos, scripts, captions, graphics, and other final deliverables created specifically for the client as part of the Services, subject to any underlying third-party intellectual property, technology rights, licensed materials, or applicable usage restrictions.

Lavatr Materials

Lavatr retains ownership of its pre-existing intellectual property and general methodologies, frameworks, processes, templates, workflows, know-how, production techniques, strategy methodologies, prompts, systems, and other materials developed independently of a specific client engagement.

Nothing in these Terms transfers ownership of Lavatr’s underlying methodologies or intellectual property to a client.

Third-Party Technology and Materials

Underlying AI models, software, avatar platforms, voice technology, stock or licensed assets, and other third-party technologies or materials remain the property of their respective providers or licensors.

Nothing in these Terms transfers ownership of the underlying technology used to generate an AI avatar or digital twin to Lavatr or the client.

7. Portfolio and Promotional Use

Unless otherwise agreed in writing, clients grant Lavatr permission to identify them as a client and to display completed work that has already been publicly released by the client for Lavatr’s portfolio, website, social media, sales presentations, case studies, and promotional purposes.

This permission applies only to displaying or referencing authorized work already created as part of the client engagement. It does not authorize Lavatr to use a client’s AI avatar, digital twin, voice, or likeness to generate new promotional content on Lavatr’s behalf.

Clients may request in writing that Lavatr not use their name, logo, likeness, or work for promotional purposes. Lavatr will honor reasonable confidentiality or brand requirements communicated by the client.

Lavatr will not publicly disclose confidential or unpublished Client Content for promotional purposes without authorization.

8. Fees, Billing, and Cancellation

Fees, payment schedules, recurring charges, deliverables, cancellation terms, and any applicable commitments will be specified in the applicable Client Agreement.

Clients agree to pay all fees when due.

Unless otherwise stated in the Client Agreement, amounts paid for Services already performed, production already completed, or third-party costs already incurred are non-refundable.

Lavatr may pause Services when an account is materially past due.

Termination or cancellation does not eliminate payment obligations for Services already performed or costs already incurred.

9. Acceptable Use

Clients may not use the Site or Services to:

• violate applicable laws or regulations;

• infringe intellectual property, privacy, publicity, or other rights;

• create or distribute unauthorized impersonations or deceptive representations of another person;

• provide Lavatr with content they do not have the right to use;

• create fraudulent, defamatory, abusive, harmful, or unlawful content;

• interfere with or attempt to gain unauthorized access to Lavatr systems or third-party platforms; or

• use AI-generated content in a misleading manner where disclosure of its AI-generated nature is required by applicable law.

Lavatr may decline, suspend, or terminate work that we reasonably believe violates these Terms, applicable law, third-party platform requirements, or the rights of another person.

10. Confidentiality

In providing the Services, Lavatr and its clients may exchange confidential or proprietary information.

Each party agrees to use reasonable care to protect confidential information received from the other and to use such information only as reasonably necessary to perform or receive the Services.

Confidential information does not include information that is publicly available through no breach of an obligation, was already lawfully known to the receiving party, is independently developed without use of the confidential information, or is lawfully received from another source without a confidentiality obligation.

Lavatr may disclose information to employees, contractors, and technology providers who reasonably need access to provide the Services and who are subject to appropriate confidentiality or data-protection obligations.

11. Privacy and Data Processing

Lavatr’s collection and handling of personal information is described in our Privacy Policy.

Where Lavatr processes personal information on behalf of a business client, additional data-processing terms may apply. Lavatr maintains a Data Processing Addendum (“DPA”) for business and enterprise clients and can provide it upon request.

Certain personal information and Client Content may be processed by third-party technology providers as necessary to provide the Services.

12. Service Availability and Third-Party Dependencies

Lavatr works to provide reliable and timely Services but cannot guarantee that third-party platforms, AI systems, cloud services, or other technologies will always be available, uninterrupted, error-free, or unchanged.

Features or functionality may occasionally change because of updates, outages, policy changes, technical limitations, or other actions by third-party providers.

When reasonably possible, Lavatr may use alternative technologies, workflows, or providers to continue delivering the Services.

13. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and Services are provided on an “as available” basis.

Lavatr does not guarantee specific marketing, sales, audience, engagement, revenue, lead-generation, business, or other commercial results from the Services.

While Lavatr uses reasonable care in providing its Services, no AI system, technology platform, content strategy, or marketing activity can guarantee particular outcomes.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Lavatr will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost business opportunities, loss of goodwill, or loss of data arising from or related to the Site or Services.

To the fullest extent permitted by applicable law, Lavatr’s total aggregate liability arising from or relating to the Services will not exceed the total fees paid by the client to Lavatr during the thirty (30) days immediately preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited or excluded.

15. Indemnification

Clients agree to indemnify and hold harmless Lavatr and its owners, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable expenses arising from:

• Client Content provided to Lavatr;

• the client’s lack of required rights, permissions, or consents;

• unauthorized use of another person’s image, voice, likeness, intellectual property, or other rights;

• use or distribution of deliverables in violation of law or these Terms; or

• a material breach of these Terms.

16. Termination

Either party may terminate Services as permitted under the applicable Client Agreement.

Lavatr may suspend or terminate Services if a client materially violates these Terms, fails to make required payments, requests unlawful or unauthorized content, or uses the Services in a manner that creates material legal, security, reputational, or third-party platform risk.

Sections that by their nature should survive termination — including payment obligations, intellectual property, confidentiality, limitation of liability, and indemnification — will remain in effect.

17. Governing Law and Disputes

These Terms and any dispute arising from them will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal action arising from these Terms or the Services will be brought in the state or federal courts having jurisdiction in the county in Florida in which Lavatr maintains its principal place of business, unless the parties agree otherwise in writing.

18. Changes to These Terms

Lavatr may update these Terms periodically to reflect changes in our Services, technology, legal requirements, or business practices.

When we make material changes, we will update the “Last Updated” date above. Changes will apply prospectively unless otherwise required by law.

For existing client engagements, material contractual changes will not override contrary terms in an existing Client Agreement without appropriate notice or agreement.

19. General Terms

These Terms, together with any applicable Client Agreement and incorporated policies, constitute the agreement governing the applicable Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Lavatr’s failure to enforce a provision of these Terms does not waive its right to enforce that provision later.

Neither party creates a partnership, joint venture, employment, or agency relationship with the other solely by entering into these Terms.

20. Contact Us

Lavatr.ai

MDMStudio LLC d/b/a Lavatr.ai

Email: hello@lavatr.ai