WHEN YOU CREATE AN ACCOUNT OR USE THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, PLEASE DO NOT REGISTER, ACCESS OR USE THE APP NOR ANY OF THE SERVICES.
These terms and conditions (the “Terms”) form a legal agreement between you (the “User”, “you” or “your”) and AVATAi Sdn. Bhd. (formerly known as Spherum Sdn.Bhd.) (the “Company”, “Spherum”, “AVATAi”, “we”, “our” or “us”), a private company limited by shares with registration number 202401014822 (1560672-D), incorporated and registered in Malaysia, whose current registered office is at Malaysia, Kuala Lumpur, Suite 7.2, 7th Floor, East Wing, Rohas Tecnic, 9 Jalan P.Ramlee and includes any future registered address of the .
These Terms govern the relationship between you and us and sets forth the terms and conditions by which you may access and use the App and the Services (as defined below).
Please take the time to read these Terms carefully. Use of the App is not intended for persons under the age of 18. If you are not at least 18 years old, you may not use the App at any time or in any manner. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that we have unlawfully collected information from a child under the age of 18 on the App, contact us at tiah.oonsu@spherum.my .
The following definitions apply in these Terms.
“Android”: means the mobile operating system developed by Google primarily for touchscreen devices, such as cell phones and tablets.
“Apple”: means Apple, Inc. or any of its affiliates.
“App”: means the AVATAi mobile application software and any features within it (part of AVATAi + and/or AVATAi Pro), or updates or supplements to it.
“App Store”: means the appstore on which the App was downloaded by the User (namely, the Apple appstore or Google playstore or their respective successors, as applicable).
“Featured AVATAi™ Sequence”: means an AVATAi™ Model created by a third-party (i.e. not the User). Featured AVATAi™ Sequence(s) may be available in the App free of charge or as in-App purchases.
“Google”: means Google, Inc. or any of its affiliates.
“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Superpower(s)”: means any visual element(s)/filter(s) that can be applied to an AVATAi™ Model and is defined as a “Superpower” in the App.
“AVATAi™ Experience(s)”: means any video recording(s) (including accompanying audio recording(s), if any) recorded through the App, which display(s) one or a number of AVATAi™ Models.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.