Toki AI Terms of Service

Effective Date: August 11, 2025

1. General Provisions

These Terms of Service ("Terms") govern your access to and use of the Toki AI platform, which includes AI avatar video generation capabilities that transform photos into lifelike, talking avatars with natural expressions, lip-sync, gestures, and customizable voices (collectively, the "Services"). By registering for an account, accessing, or otherwise engaging with the Services, you ("User," "you," or "your") signify your acceptance of these Terms, creating a legally enforceable contract with Toki AI ("we," "us," or "our"). Suppose you are entering these Terms on behalf of a company, organization, or other entity. In that case, you represent and warrant that you have the authority to bind that entity to these Terms.

If any aspect of these Terms is unacceptable, you must immediately discontinue all use of the Services. These Terms supersede any prior agreements or understandings regarding the Services, except where explicitly referenced in separate enterprise or custom agreements.

We may assign these Terms, including all rights and obligations, in the event of a merger, acquisition, sale of assets, or corporate restructuring, without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written approval, and any attempted assignment shall be void.

2. Modifications to the Terms

We reserve the right to amend these Terms at our discretion to accommodate evolving Services, technological advancements, user feedback, legal developments, or business requirements. Changes will be effective upon posting the revised Terms on the platform, with the updated "Effective Date" indicated above. Your continued access or use of the Services following such modifications constitutes your binding acceptance of the updated Terms. If you disagree with the revisions, your sole remedy is to cease using the Services. It is your responsibility to review these Terms periodically.

3. Privacy Policy

Protecting your personal information is a core priority. Your interaction with the Services is also governed by our Privacy Policy, incorporated into these Terms by reference. The Privacy Policy outlines our practices concerning the collection, use, storage, disclosure, and protection of your data, including personal details provided during account creation, content uploads, or Service usage. We strongly encourage you to read the Privacy Policy to understand how we handle your information. When you provide personal data on behalf of others (e.g., photos for avatar generation), you warrant that you have obtained all necessary consents.

4. Account Registration and Management

4.1 Account Creation

To fully utilize certain Services, such as generating extended avatar videos or accessing premium features, you must register an account by supplying accurate, current, and complete information, including a valid email address and secure password (your "Account Details"). You may also register via third-party authentication services (e.g., Google or other social logins), in which case some Account Details may be imported automatically.

4.2 Representations

By registering, you affirm that:

  • You are at least 18 years old or the age of majority in your jurisdiction, or a duly authorized representative of a legal entity.
  • All provided information is truthful and up-to-date.
  • You will promptly update any changes to maintain accuracy.

4.3 Account Security

You are solely responsible for safeguarding your Account Details and monitoring all activities on your account. Any actions taken under your account are deemed authorized by you, whether or not you personally performed them. If you suspect unauthorized access, security breaches, or suspicious activity, notify us immediately at [email protected] to allow us to investigate and, if necessary, suspend the account or issue new credentials.

4.4 Username Restrictions

Prohibited usernames include those that:

  • Impersonate others or entities.
  • Infringe trademarks or other rights.
  • Contain offensive, vulgar, discriminatory, or misleading content. We reserve the right to reject or change usernames at our discretion.

5. License to Access and Use the Services

5.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, in accordance with applicable laws and regulations. This license does not convey ownership and is conditional on your adherence to all restrictions.

5.2 Legal Compliance

You are responsible for ensuring that your use complies with local, national, and international laws, including export controls, data protection regulations, and content standards. The Services may be accessed globally, but you must verify legal permissibility in your location.

5.3 Prohibited Activities

As a condition of this license, you agree not to engage in, or facilitate, any of the following:

  1. Infringing, misappropriating, or violating any third-party rights, including intellectual property, privacy, or publicity rights (e.g., uploading photos for avatars without consent).
  2. Generating, distributing, or promoting illegal, harmful, explicit, defamatory, discriminatory, violent, obscene, or otherwise objectionable content, including deepfakes intended to deceive or harm.
  3. Modifying, copying, renting, selling, leasing, or distributing any part of the Services, or creating derivative works without explicit authorization.
  4. Reverse engineering, decompiling, disassembling, or attempting to discover the source code, algorithms, models, or underlying structures of the Services (except where expressly permitted by law).
  5. Automatically scraping, extracting, or harvesting data or Outputs in bulk, or using automated tools to bypass rate limits or access restrictions.
  6. Misrepresenting AI-generated Outputs (e.g., avatars or videos) as human-created, especially in contexts that could mislead others, such as news, testimonials, or legal documents.
  7. Interfering with, disrupting, or overburdening the Services, including through denial-of-service attacks, viruses, malware, or unauthorized access to our systems or other users' accounts.
  8. Using Outputs to develop, train, or improve competing AI models, platforms, or services.
  9. Impersonating individuals or entities without authorization, including in avatar videos.
  10. Violating any ethical guidelines, such as using the Services for political manipulation, spam, harassment, or fraudulent schemes.

Any violation may result in immediate suspension or termination of your access, removal of offending Content, and pursuit of legal remedies. We may monitor usage to enforce these restrictions, but we are not obligated to do so.

6. License to Your Content

6.1 Definitions

When you interact with the Services, you may submit inputs like photos, audio files, or scripts ("Input"), which generate corresponding outputs such as avatar videos ("Output"). Input and Output are collectively referred to as "Content."

6.2 Ownership

You retain all ownership rights in your Content, to the extent permitted by law, and we assign to you any rights we may acquire in Outputs. However, you are fully responsible for your Content, including ensuring it:

  • Complies with all laws and these Terms.
  • Does not infringe third-party rights.
  • Is appropriate for your intended use.

6.3 License Grant

By uploading or generating Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to access, host, store, reproduce, modify (for technical purposes), transmit, display, distribute, analyze, and use your Content solely to:

  • Operate, provide, and maintain the Services.
  • Improve and develop our AI models, algorithms, and features (e.g., training on anonymized data).
  • Promote the Services (e.g., anonymized examples).
  • Comply with legal obligations or respond to disputes.
  • Share with affiliates or service providers as needed for these purposes.

6.4 Content Responsibilities

You represent and warrant that you have all necessary rights, consents, and permissions to grant this license and that your Content does not contain viruses, malware, or prohibited material. We may, at our sole discretion and without notice, review, edit, delete, or restrict access to any Content that violates these Terms or poses risks.

6.5 User Understandings

When using the Services, you understand and agree that:

  • Outputs may be incomplete, inaccurate, biased, or offensive, and do not represent our views. Always verify Outputs independently, especially for factual accuracy or suitability in sensitive contexts like medical, legal, or financial advice.
  • Do not use Outputs for decisions with material impacts on individuals (e.g., employment, housing, or health assessments) without human oversight.
  • If Outputs reference third-party products, it does not imply endorsement or affiliation.
  • Due to AI's generative nature, similar Outputs may be produced for other users independently; your rights do not extend to those.

7. Our Intellectual Property Rights

The Services, including all software, AI models, interfaces, designs, text, graphics, logos, icons, audio, video, databases, and the overall "look and feel," are owned by us or our licensors and protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide. All rights not expressly granted herein are reserved.

You may not:

  • Remove or alter any proprietary notices.
  • Use our trademarks without permission.
  • Create competitive products based on our IP.
  • Exploit the Services in any unauthorized manner.

Violations may lead to immediate account termination, without refund, and legal action.

8. Payment Terms

8.1 Billing Structure

The Services offer free access for basic features, with optional paid subscriptions or one-time purchases for enhanced capabilities, such as longer avatar videos, watermark removal, priority processing, or additional storage. Pricing details are available on the platform.

8.2 Payment Obligations

For paid Services:

  • Billing: Please provide accurate payment information (e.g., credit card details). We use secure third-party processors and may share details as per our Privacy Policy. Subscriptions auto-renew periodically (e.g., monthly) until canceled via your account settings. You authorize recurring charges and are responsible for all taxes, fees, and charges.
  • Changes: We may adjust prices with at least 30 days' notice via email or in-app alerts. Increases apply at the next renewal cycle, allowing you to cancel beforehand.
  • Cancellation and Refunds: Cancel anytime; access continues until the period ends. Payments are non-refundable except where required by law (e.g., cooling-off periods). For refund requests, contact [email protected] with details; we process approved refunds to the original method.
  • Representations: You warrant the legal right to use your payment methods and the accuracy of information. Failed payments may result in service suspension until resolved.

9. Confidentiality Obligations

Through the Services, you may encounter our confidential information ("Confidential Information"), such as proprietary algorithms, beta features, or internal data, marked as confidential or reasonably understood as such.

You agree to:

  • Use Confidential Information only for authorized Service use.
  • Protect it with at least the same care as your sensitive data.
  • Not disclose it without our written consent, except to your employees or advisors on a need-to-know basis under similar obligations.
  • Notify us promptly of any unauthorized access.

If disclosure is legally compelled, provide us with advance notice to seek protections. This obligation survives termination.

10. Termination of Access

10.1 User Termination

You may terminate your account and cease using the Services at any time via account settings or by contacting [email protected].

10.2 Our Termination Rights

We may suspend or terminate your access, delete your account, or remove Content if:

  • You breach these Terms or the Privacy Policy.
  • Your use poses harm, risk, or liability to us, users, or third parties.
  • Required by law.
  • Your account is inactive for over 12 months (with notice for paid accounts).
  • For any other reason at our discretion.

10.3 Effects of Termination

Upon termination:

  • Your license ends immediately.
  • You must delete all retained Outputs and Confidential Information.
  • We may delete your Content (no liability for loss).
  • Prepaid fees may be refunded prorata if termination is not due to your breach.

If you believe termination was erroneous, appeal via [email protected].

11. Discontinuation of Services

We may discontinue or modify any Service or feature with reasonable notice, except in emergencies. In such cases, we will provide prorated refunds for unused prepaid portions and assist with data export where feasible.

12. Copyright Infringement Complaints

We respect intellectual property and respond to valid notices under applicable laws (e.g., DMCA). If you believe Content on the Services infringes your copyrights, submit a written notice to [email protected] including:

  1. Your physical or electronic signature (or authorized agent's).
  2. Description of the infringed work.
  3. Location of the infringing material on the Services.
  4. Your contact information.
  5. Statement of good-faith belief that use is unauthorized.
  6. Statement, under penalty of perjury, of accuracy and authorization.

We may remove alleged infringing Content and terminate repeat infringers. Counter-notices from accused users will be handled similarly.

13. Services Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR UNINTERRUPTED OPERATION. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, INTERRUPTIONS, OR HARMFUL COMPONENTS, OR THAT OUTPUTS WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR ANY USE. USE IS AT YOUR SOLE RISK, AND YOU ASSUME RESPONSIBILITY FOR ANY RESULTING DAMAGES, INCLUDING TO YOUR DEVICES OR DATA.

14. Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS THAT THE SERVICES OR OUTPUTS WILL BE TIMELY, COMPLETE, CURRENT, OR ERROR-FREE. WE MAY MODIFY, SUSPEND, OR DISCONTINUE FEATURES WITHOUT NOTICE OR LIABILITY. NO ORAL OR WRITTEN ADVICE FROM US CREATES A WARRANTY.

15. Your Submitted Information

ANY INFORMATION YOU SUBMIT THROUGH THE SERVICES (E.G., INPUTS) IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY FOR LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO SUCH INFORMATION.

16. Third-Party Content and Links

The Services may include or link to third-party content, services, or resources (e.g., integrated AI models or external links). We do not endorse, monitor, or assume responsibility for such content's accuracy, legality, or quality. Interactions with third parties are at your risk, and we disclaim liability for any resulting issues. Review third-party terms and privacy policies.

17. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY. THIS INCLUDES DAMAGES FROM THEFT OF DATA, COMPUTER MALFUNCTIONS, OR NEGLIGENCE.

OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS, SO THEY MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, and suppliers from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services.
  • Your Content.
  • Breaches of these Terms.
  • Violations of laws or third-party rights.
  • Negligent or willful misconduct.

We may assume control of the defense at your expense, and you shall cooperate fully. You may not settle any claim without our consent if it imposes obligations on us.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of the jurisdiction where Toki AI is headquartered, without regard to conflict-of-law principles. The specific jurisdiction will be disclosed upon request by contacting [email protected].

19.2 Informal Resolution

For any disputes arising from or relating to these Terms or the Services, you agree to first attempt informal resolution by contacting [email protected] with your name, a description of the dispute, the relief sought, and contact details. If unresolved within 60 days (or a mutually agreed period), disputes may proceed to formal resolution.

19.3 Arbitration

Disputes not resolved informally shall be settled through binding arbitration administered by a recognized arbitration body under its consumer arbitration rules, conducted by a single arbitrator in a mutually agreed location (or remotely if preferred). Each party bears its own costs, except as awarded by the arbitrator. Arbitration is on an individual basis only; no class actions or consolidations are permitted.

19.4 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with your name, address, and a clear statement of intent to opt out. If arbitration is unenforceable, disputes shall be resolved in courts of competent jurisdiction in the location where Toki AI is headquartered, with both parties consenting to jurisdiction and venue.

19.5 Exceptions

We may seek injunctive relief in any court for intellectual property infringements or breaches causing irreparable harm, without bond or proof of damages.

20. Error Reporting and Feedback

You may submit feedback, suggestions, error reports, or ideas about the Services ("Feedback") to [email protected]. By doing so, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, incorporate, and commercialize Feedback without compensation or attribution. You warrant that Feedback does not contain third-party confidential information and that you have the right to provide it.

21. Force Majeure

Neither party shall be liable for failures or delays due to events beyond reasonable control, including acts of God, natural disasters, wars, terrorism, riots, embargoes, governmental actions, pandemics, cyberattacks, or utility failures (excluding payment obligations). The affected party must notify the other promptly and use reasonable efforts to mitigate impacts.

22. Additional Provisions

22.1 Severability

If any Term is held invalid or unenforceable, it shall be reformed to reflect original intent, with remaining Terms in full effect.

22.2 No Waiver

Our failure to enforce any right does not constitute a waiver.

22.3 Entire Agreement

These Terms represent the entire agreement, superseding prior communications.

22.4 Export Compliance

You agree not to export or re-export the Services in violation of applicable export laws, including to embargoed countries or denied persons.

22.5 Mobile Access

If accessing via mobile apps, you acknowledge dependency on app stores and agree to comply with their terms. We are solely responsible for the Services, not App Stores.

23. Acknowledgment

BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

24. Contact Information

For questions, support, or notices regarding these Terms, please email us at [email protected]. We aim to respond promptly.