Terms & Conditions

These Terms and Conditions (the Terms) govern your access to and use of say-vi, an artificial intelligence avatar and video platform, together with our websites, applications, application programming interfaces and related services (the Services). The Services are operated by Buildberg Pty Ltd (we, us or our).

By creating an account, or by accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and you refers to that organisation.

You must be at least 18 years old and able to form a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements. The Services are not intended for, and must not be used by, anyone under 18.

say-vi lets you create a reusable AI avatar from a photograph, generate and edit scripts, render videos, and publish them to social platforms you choose to connect. The Services rely on third-party technology, including HeyGen for avatar creation and video rendering and OpenAI for script generation, and on platforms such as Meta and TikTok for publishing.

We may add, change, suspend or remove features from time to time. We do not guarantee that any particular feature, integration or third-party platform will remain available.

You are responsible for the accuracy of the information you provide and for all activity that occurs under your account. You agree to keep your credentials confidential and to notify us promptly of any unauthorised use.

• You must keep your password and any API keys secret. API keys grant programmatic access to your account and must be treated like a password.
• You are responsible for activity carried out using your API keys, including by applications you build or authorise.
• We may rotate, suspend or revoke credentials where we reasonably believe they have been compromised or misused.

Your Content means the images, photographs, briefs, prompts, scripts, captions, avatars, audio and videos you upload to, generate with, or publish through the Services.

Avatars and videos created with the Services are synthetic media generated by artificial intelligence. You are responsible for how you use and distribute them. You must not present AI-generated content in a way that is misleading or deceptive, and you must comply with the disclosure rules of any platform you publish to and with all applicable laws, including the Australian Consumer Law prohibition on misleading or deceptive conduct.

The Services include an AI-disclosure step that cannot be skipped. You agree not to remove, obscure or falsify any AI-generated label, watermark or disclosure applied to or required for your content.

You must not use the Services to:

• create or publish a likeness of any person without their consent, including for impersonation, deepfakes or fraud;
• generate content that is unlawful, harassing, hateful, sexually exploitative, or that depicts a real person in a false or defamatory light;
• infringe the intellectual property, privacy or publicity rights of others;
• mislead or deceive, including by passing off AI-generated content in breach of section 6;
• interfere with, probe or circumvent the security, rate limits or integrity of the Services;
• scrape, resell or build a competing service from the Services; or
• breach the terms of any connected third-party platform.

We may investigate and take action, including removing content and suspending accounts, where we reasonably believe these Terms have been breached.

The Services integrate with third parties such as HeyGen, OpenAI, Meta and TikTok. Your use of those platforms is governed by their own terms and policies, and your authorisations there are between you and them. We are not responsible for third-party platforms, and we are not liable for their acts, omissions, availability or changes to their terms. When you connect a platform, you authorise us to access and use it on your behalf to the extent needed to provide the Services.

Some features may be offered on a paid basis. Where they are, the applicable fees, billing cycle and inclusions will be presented to you before you purchase. Payment card details are handled by our payment provider and are not stored by us.

• Unless stated otherwise, fees are exclusive of GST and other taxes, which you are responsible for paying.
• Subscription fees are billed in advance and, to the extent permitted by law and subject to your rights under the Australian Consumer Law, are non-refundable.
• We may change our fees on reasonable notice. Changes do not affect the period you have already paid for.

The Services, including the software, models, interfaces, designs, text and branding (but excluding Your Content and third-party materials), are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms. All rights not expressly granted are reserved. You must not use our trade marks or branding without our prior written consent.

We aim to keep the Services available but do not warrant that they will be uninterrupted, timely, secure or error-free. We may perform maintenance, impose usage or rate limits, and modify or discontinue all or part of the Services. Rendering and publishing depend on third-party providers and may be delayed or unavailable for reasons beyond our control.

Except for the guarantees and rights that apply under the Australian Consumer Law and other laws that cannot be excluded (see section 13), and to the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We do not warrant that AI-generated outputs will be accurate, suitable for any purpose, or free from error, and you are responsible for reviewing them before use.

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded.

Where we are permitted to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to re-supplying the relevant Services or paying the cost of having them re-supplied.

Subject to section 13, and to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings, however arising;
• we are not liable for loss or damage caused by third-party platforms, by your content, or by your use of AI-generated outputs; and
• our total aggregate liability arising out of or in connection with the Services or these Terms is limited to the greater of the fees you paid us for the Services in the 12 months before the claim arose, or AUD 100.

To the maximum extent permitted by law, you agree to indemnify us against any loss, liability, cost or expense we suffer arising out of your breach of these Terms, your Content, your use of the Services, or your infringement of the rights of any person, including any claim that you uploaded an image or likeness without the necessary consent.

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if necessary to protect the Services or other users. On termination, your right to use the Services ends and we may delete Your Content in accordance with our Privacy Policy. Sections that by their nature should survive termination, including those on intellectual property, disclaimers, liability and indemnity, will continue to apply.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that we collect, use and disclose your information as set out there.

We may update these Terms from time to time. We will post the updated version with a new effective date, and where changes are significant we will take reasonable steps to notify you. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us about the Services and supersede any prior understanding.
• Severability: if any provision is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: a failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a sale, merger or restructure of our business.
• Force majeure: we are not liable for any failure or delay caused by events beyond our reasonable control.

For any question about these Terms, please contact us:

• By email: legal@say-vi.com
• Buildberg Pty Ltd, a proprietary company registered in New South Wales, Australia.