Sume Terms of Service

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. The Service is not intended for children under 13 (or 16 in certain jurisdictions under laws like COPPA or GDPR). By using the Service, you represent that you meet these requirements and are not barred from using similar services under applicable laws.

We restrict use in jurisdictions where the Service may violate local laws. You are responsible for complying with all applicable laws, including export controls and sanctions.

2. Account Registration and Security

To use the Service, you must create an account via Google sign-in. You agree to provide accurate information and authorize us to access data from Google as described in our Privacy Policy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access at support@sumelabs.com. We may suspend or terminate accounts for security reasons or violations of these Terms.

3. Service Description and Features

Sume allows you to create AI avatars by uploading images and voice clips of a persona, providing personality descriptions, and interacting via voice/video conversations. Features include:

• Avatar generation using AI models.
• Private sharing via links (not public or global sharing).
• Free tier with subscription upgrades for more usage.

We use third-party services (e.g., AWS, OpenAI, Gemini, Grok) for processing. Availability is not guaranteed; we may modify or discontinue features at any time.

4. User Content and Licenses

a. Your Content

You may upload images, voice clips, text descriptions, and conversation data ("User Content"). You retain ownership of your User Content, but grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, process, reproduce, modify, and display it as necessary to provide the Service, including:

• Generating and hosting avatars.
• Storing data as per our Privacy Policy (e.g., 1-month retention for uploads; longer for conversation history used in anonymized global AI training).
• Sharing via private links you initiate.

This license ends when you delete your content or account, except for retained copies for legal/compliance purposes.

b. Representations and Warranties

By uploading User Content, you represent and warrant that:

• You own or have all necessary rights, consents, and permissions (including written consent from any identifiable individuals) to use and share the content, including likenesses, voices, or biometric data.
• The content does not infringe third-party rights (e.g., copyright, trademark, right of publicity, privacy) or violate laws (e.g., deepfake regulations, biometric privacy laws like BIPA).
• You have obtained explicit, informed consent for any biometric data (e.g., facial or voice features) from the subject, in compliance with applicable laws.
• The content is not derived from unauthorized sources and will not be used for deceptive, harmful, or illegal purposes.

You agree not to upload content depicting minors, public figures without rights, or anything that could create non-consensual deepfakes or synthetic media.

c. Biometric Data

User Content may include biometric identifiers (e.g., facial geometry, voice prints). We handle this in compliance with laws like Illinois BIPA, CCPA, and GDPR. By uploading, you consent to our processing as described in our Privacy Policy. You must obtain and provide proof of consent from any third parties upon request.

5. Prohibited Conduct

You agree not to:

• Create, share, or use avatars for illegal, harmful, or deceptive purposes, including:
  • Non-consensual deepfakes, synthetic media, or replicas that violate right of publicity, privacy, or deepfake laws (e.g., TAKE IT DOWN Act, DEFIANCE Act, state statutes in California, New York, etc.).
  • Explicit, intimate, violent, hateful, or discriminatory content.
  • Fraud, harassment, defamation, election interference, or child exploitation.
• Upload content without necessary consents or that infringes intellectual property.
• Use the Service to generate content depicting minors or without age-appropriate safeguards.
• Bypass restrictions, reverse-engineer AI models, or use automated tools to scrape data.
• Share private links publicly or in ways that enable unauthorized access.
• Violate any laws, including biometric data regulations or export controls.

We prohibit "inappropriate avatars" as defined in our guidelines, which may evolve to comply with new laws (e.g., 2026 deepfake expansions). We use automated and manual moderation to enforce this; violations may result in content removal, account suspension, or reporting to authorities.

6. AI Usage and Model Training

We use your conversation history (audio/video) in anonymized or aggregated form for global AI model training to improve the Service. We do not use uploaded images/voice clips for training unless you explicitly consent. You acknowledge AI outputs may not be accurate, original, or error-free.

7. Intellectual Property

The Service, including AI models, software, and branding, is owned by us or our licensors. You receive a limited, revocable license to use the Service for personal, non-commercial purposes. Do not copy, modify, or distribute our IP without permission.

Generated avatars are derivative works; you own them subject to our underlying IP and third-party rights in inputs.

8. Monitoring, Termination, and Suspension

We may monitor User Content for compliance but are not obligated to. We reserve the right to remove content, suspend/terminate accounts, or restrict access for violations, legal requirements, or at our discretion. Upon termination, your license ends, and we may delete your data.

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE). WE DISCLAIM LIABILITY FOR AI OUTPUTS, USER CONTENT ACCURACY, OR THIRD-PARTY ACTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE SERVICE, EVEN IF ADVISED OF POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED AMOUNTS PAID BY YOU IN THE PRIOR 12 MONTHS (OR $100 IF FREE USER).

These limitations apply to claims related to deepfakes, biometric data, or publicity rights, but do not limit liability for gross negligence or willful misconduct where prohibited.

10. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, or expenses (including attorneys' fees) arising from:

• Your User Content or use of the Service.
• Violations of these Terms or laws (e.g., deepfake, publicity, biometric regulations).
• Claims by third parties regarding unauthorized use of their likeness, voice, or data.

11. Dispute Resolution and Governing Law

These Terms are governed by California law, without regard to conflicts principles. Any disputes shall be resolved exclusively in state/federal courts in San Francisco, California. You waive jury trial rights where applicable.

For consumer claims, we encourage informal resolution first via support@sumelabs.com. If unresolved, arbitration may apply under AAA rules (costs shared).

12. Miscellaneous

• Severability: If any provision is invalid, the rest remain enforceable.
• No Waiver: Failure to enforce does not waive rights.
• Assignment: We may assign these Terms; you may not without consent.
• Entire Agreement: These Terms, plus Privacy Policy, constitute the full agreement.

13. Changes to Terms

We may update these Terms; check periodically. Material changes will be notified.

14. Contact Us

For questions, contact:

• Email: support@sumelabs.com