Terms of use

These Terms of Use (the “Terms”) are concluded between ROIFORCIO GmbH, a limited liability company incorporated under the laws of the Republic of Austria, registered with the Austrian Commercial Register under FN 461562v, with its registered office at 15/62 Wallgasse, 1060 Vienna, Austria (“ROIFORCIO”, “we”, “us”), and you, as a visitor to or user of the resource pitchavatar.com including its subdomains (the “website”), the mobile application (the “application”) and the software-as-a-service functionality made available through them (together, the “Service”).

By visiting the website, downloading the application, registering an account or using any functionality of the Service, you accept these Terms. If you do not accept them, you must not use the Service.

The following documents form an integral part of these Terms: the Privacy Policy, the Acceptable Use Policy, the AI Transparency Notice, the Synthetic Content Marking Policy and, where you use the Service as a business customer, the Data Processing Agreement. In the event of a conflict, the Data Processing Agreement prevails in matters of personal data processing, and the Acceptable Use Policy prevails in matters of permitted use.

1. Visitors and Users

1.1. A visitor is any natural or legal person who has visited at least one page of the website or downloaded the application.

1.2. Visitors who view one or several pages of the website without prior registration and authorisation are readers.

1.3. Visitors who register and are authorised through unique personal credentials become Users. Users have access to the advanced features of the Service.

1.4. The Service is intended for professional and business use. You may register an account only if you are at least 18 years of age and have full legal capacity, or if you act on behalf of a legal person and are duly authorised to bind it. Where you register on behalf of a legal person, that legal person is the User and is bound by these Terms, and references to “you” include it.

1.5. You are responsible for the accuracy of the registration data you provide, for the confidentiality of your credentials and for all activity carried out through your account. You shall notify us without undue delay at info@roi4cio.com of any unauthorised use of your account.

2. Use of website and application resources; intellectual property

2.1. Only registered Users may use the interactive resources, publish their own materials and communicate online.

2.2. Users have the right to leave feedback, publish their own content on their profile, post messages and requests, and otherwise use the resources in any manner that does not conflict with these Terms, the Acceptable Use Policy or applicable law.

2.3. All intellectual property rights in the Service, including the website, the application, the underlying software, models, interfaces, databases, documentation, trade marks, designs and all content made available by us, are and remain the exclusive property of ROIFORCIO or of its licensors. Nothing in these Terms transfers any such right to you.

2.4. Subject to your compliance with these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your own internal business or professional purposes for the duration of your subscription.

2.5. You shall not, and shall not permit any third party to: (i) copy, reproduce, modify, translate, adapt or create derivative works of the Service or any part of it; (ii) decompile, disassemble or reverse engineer the Service, or attempt to derive its source code, models, weights, prompts or architecture, except to the extent such acts cannot be restricted under mandatory law; (iii) rent, lease, lend, resell, sublicense, provide as a service bureau or otherwise make the Service available to any third party, except as expressly permitted under Section 12; (iv) circumvent or attempt to circumvent any technical limitation, access control, rate limit, quota or security measure; (v) use any automated means to extract data from the Service, or use the Service or its outputs to develop, train, fine-tune or benchmark a competing artificial intelligence model or service; or (vi) remove, obscure or alter any proprietary notice.

2.6. Copying of website or application content without our prior written consent is prohibited. Partial quotation of materials is permitted with an obligatory reference to the source page (news – not more than 15%, reviews and testing – not more than 5%) and the full name of ROIFORCIO GmbH.

3. User Content

3.1. “User Content” means all materials that you or persons acting under your account upload to, submit to or generate through the Service, including documents, texts, links, prompts, images, audio and video recordings, voice samples, avatars and the outputs generated from them.

3.2. As between you and us, you retain all rights in your User Content. You grant us a non-exclusive, worldwide, royalty-free right to host, store, reproduce, adapt, transmit and process User Content solely to the extent necessary to provide, secure, maintain and support the Service, to comply with law and to enforce these Terms. Where you use the Service as a business customer, this processing of personal data is governed by the Data Processing Agreement.

3.3. We do not use your User Content to train publicly available or general-purpose artificial intelligence models, and we do not make it available to other customers. Where generative capabilities are performed by third-party providers acting as our subprocessors, we contract for the same restriction; the current list of subprocessors is published in the Privacy Policy.

3.4. You warrant that you hold all rights, licences, consents and authorisations necessary for the upload and processing of your User Content through the Service, including the rights of the authors, performers and other rightholders concerned and, where the content depicts or reproduces the image or voice of a natural person, the consent of that person. You shall indemnify us against any third-party claim arising from a breach of this warranty.

3.5. Liability for the accuracy of information posted in publicly accessible areas of the Service rests solely with its author. Public sections are subject to post-moderation. We may remove or restrict access to User Content which, in our reasonable assessment, infringes these Terms, the Acceptable Use Policy or applicable law, and shall inform you of such removal and of its grounds, unless prohibited from doing so by law.

4. Restrictions on publishing information

4.1. When publishing information, Users shall observe the restrictions established by these Terms and the Acceptable Use Policy, including the prohibition of unlawful, discriminatory, defamatory, obscene or pornographic content and of any act prohibited by Austrian or applicable Union law.

4.2. Those restrictions apply irrespective of the User’s awareness of them.

5. Artificial intelligence features, transparency and acceptable use

5.1. The Service incorporates artificial intelligence systems within the meaning of Regulation (EU) 2024/1689 (the “AI Act”), including a conversational AI assistant (Chat-avatar), AI presenters and avatars, AI voice cloning, and AI video translation and dubbing. ROIFORCIO acts as the provider of those AI systems; certain generative capabilities are powered by third-party general-purpose AI providers disclosed in the Privacy Policy.

5.2. Interaction with AI. Where you or your audience interact with the Chat-avatar or with any conversational feature of the Service, you are interacting with an artificial intelligence system and not with a natural person. We design the Service so that this fact is disclosed in accordance with Article 50(1) of the AI Act. Further detail is set out in the AI Transparency Notice.

5.3. Marking of AI-generated content. Audio, image, video and text outputs generated by the Service are marked in a machine-readable format and are detectable as artificially generated or manipulated, in accordance with Article 50(2) of the AI Act and as described in the Synthetic Content Marking Policy.

5.4. Integrity of markings. You shall not remove, alter, suppress, degrade or otherwise circumvent, and shall not use any tool or service designed to remove, alter, suppress, degrade or circumvent, any watermark, provenance metadata, content credential, machine-readable marking or visible AI label applied by the Service to its outputs; nor shall you represent to any third party that content generated by the Service was created by a natural person. Any such act constitutes a material breach of these Terms and entitles us to suspend or terminate your access with immediate effect.

5.5. Deployer obligation – deepfake disclosure. A User who employs the Service to generate or manipulate image, audio or video content constituting a deep fake, or text published to inform the public on matters of public interest, acts as a deployer within the meaning of the AI Act and is solely responsible for disclosing to the relevant audience that the content has been artificially generated or manipulated, in accordance with Article 50(4) of the AI Act. We provide the technical means enabling such disclosure but do not assume the deployer’s legal responsibility.

5.6. Voice and likeness – consent. You may clone, reproduce or simulate the voice or the likeness of a natural person only with the prior, specific, informed and documented consent of that person, evidenced by a signed consent form or by a confirmation given by the data subject in writing or by e-mail, which you shall retain for as long as the corresponding voice or likeness is used and produce to us upon reasoned request. Permitted cases are your own voice or likeness, that of a duly authorised member of your organisation, or that of engaged voice or acting talent. Cloning the voice or likeness of a public figure, of a customer or of any other third party without such consent is strictly prohibited and constitutes misuse of the Service.

5.7. Prohibited AI uses. It is strictly prohibited to use the Service to generate or manipulate non-consensual intimate imagery, child sexual abuse material, or any content or practice prohibited under Article 5 of the AI Act. We apply technical safeguards intended to prevent such outcomes and reserve the right to suspend accounts and to report violations to the competent authorities. The full list of prohibited uses is set out in the Acceptable Use Policy.

5.8. AI literacy. Where you deploy the Service within an organisation, you shall take measures to support the development of AI literacy of the staff and other persons operating the Service on your behalf, having regard to their technical knowledge, experience and training and to the context in which the Service is used, as required by Article 4 of the AI Act as amended by Regulation (EU) 2026/1744. That provision does not require you to guarantee any specific level of AI literacy of any individual.

5.9. Applicability. The obligations under Article 50 of the AI Act apply from 2 August 2026. The prohibitions added to Article 5 of the AI Act by Regulation (EU) 2026/1744 apply from 2 December 2026. The provisions of this Section apply as from the respective dates on which the corresponding obligations become applicable.

6. Privacy and data protection

6.1. Use of the Service entails the collection and processing of personal data by ROIFORCIO. Where we determine the purposes and means of that processing – in particular in respect of registration, billing, support, security and marketing data – we act as controller and process the data in accordance with the Privacy Policy.

6.2. Where you use the Service as a business customer and upload User Content containing personal data of your employees, clients, audiences or other third parties, you act as controller and we act as processor on your behalf. That processing is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and is accepted by you upon acceptance of these Terms.

6.3. Voice samples and facial images processed for the purpose of generating an avatar, a synthetic voice or a translated recording are used exclusively to produce the output requested by you. They are not used to identify or authenticate any natural person and are not processed for the purpose of uniquely identifying a natural person.

7. Fees, payment and taxes

7.1. Access to the paid functionality of the Service is provided in accordance with the tariff plans published on the website. Prices are stated in US dollars unless a different currency is indicated at the point of purchase.

7.2. Payments are processed by FastSpring (Bright Market, LLC d/b/a FastSpring) acting as Merchant of Record. In that capacity FastSpring is the seller of record for the transaction, issues the invoice or receipt, and collects and remits applicable sales taxes, VAT and other transaction taxes. The payment terms, refund handling and tax treatment applied by the Merchant of Record apply in addition to these Terms.

7.3. Prices are exclusive of applicable taxes unless stated otherwise at the point of purchase. Where you are a business customer, you shall provide a valid VAT identification number where required.

7.4. We may change the tariff plans with effect for future subscription periods. A price change does not affect a subscription period already paid for and is notified in accordance with Section 13.

8. Subscriptions, free trial and refunds

8.1. The paid Service is provided as a recurring subscription (monthly or annual) which renews automatically for successive periods of the same length unless cancelled before the end of the current period through the account interface or by notice to info@roi4cio.com.

8.2. A free trial of seven (7) days may be offered. Unless cancelled before its expiry, the trial converts into a paid subscription at the applicable tariff.

8.3. A refund is available in respect of the first subscription purchase only, upon request submitted within fourteen (14) calendar days of that purchase. Statutory withdrawal rights of consumers under Directive 2011/83/EU and the Austrian Fern- und Auswärtsgeschäfte-Gesetz remain unaffected; where the Service is supplied in full before the expiry of the withdrawal period with the consumer’s prior express consent and acknowledgement of the loss of the withdrawal right, the withdrawal right lapses in accordance with the law.

8.4. In support of the people of Ukraine, Pitch Avatar does not provide the Service in the Russian Federation or in the Republic of Belarus.

9. Availability, support and changes to the Service

9.1. We use commercially reasonable efforts to make the Service available on a continuous basis, save for planned maintenance, emergency maintenance and events beyond our reasonable control. Where an individually agreed service level applies, it is set out in a separate written agreement.

9.2. We may modify, add to or discontinue individual features of the Service. Where a modification materially and adversely affects the functionality contracted for, we shall notify you in accordance with Section 13 and you may terminate the affected subscription with effect from the date on which the modification takes effect, against a pro rata refund of prepaid fees for the unused period.

9.3. We may suspend access to the Service, in whole or in part and with immediate effect, where required to avert a security risk or a breach of law, or where you are in material breach of these Terms or of the Acceptable Use Policy. Where practicable, the suspension is preceded by notice and is limited to what is necessary.

10. Warranties and disclaimer

10.1. We warrant that the Service will perform substantially in accordance with its published documentation and that it will be provided with the care and skill of a competent professional.

10.2. Outputs generated by artificial intelligence systems are probabilistic. They may be inaccurate, incomplete, outdated or unsuitable for a particular purpose, and may be similar to outputs generated for other users. We do not warrant the accuracy, completeness, originality, non-infringement or fitness for a particular purpose of any output. You are responsible for reviewing, verifying and approving any output before you use, publish or rely on it, and for ensuring that your use complies with applicable law and with the rights of third parties.

10.3. Save as expressly provided in these Terms, and to the extent permitted by mandatory law, all warranties, conditions and undertakings implied by statute or otherwise are excluded. Statutory warranty rights (Gewährleistung) of consumers remain unaffected.

11. Limitation of liability

11.1. We are liable without limitation for damage caused intentionally or by gross negligence, for personal injury, for damage covered by mandatory product liability law, and in cases of fraudulent concealment or the assumption of an express guarantee.

11.2. In the case of slight negligence we are liable only for the breach of an obligation the fulfilment of which is essential to the proper performance of these Terms and on the observance of which you may regularly rely, and that liability is limited to the damage typically foreseeable at the time of conclusion of these Terms.

11.3. Subject to paragraph 11.1, our aggregate liability for all claims arising in any period of twelve (12) consecutive months shall not exceed the total amount of fees paid by you for the Service in respect of that period, and in any event shall not exceed one hundred thousand US dollars (USD 100,000).

11.4. Subject to paragraph 11.1, we shall not be liable for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, loss of business opportunity or for any indirect or consequential damage. We shall not be liable for damage arising from the content of any output, from the use, publication or distribution by you of an output, from a breach by you of Section 5, or from the loss or corruption of User Content to the extent you have not maintained an adequate independent copy of it.

11.5. Liability under Article 82 of Regulation (EU) 2016/679 is governed by the Data Processing Agreement and by that Regulation, and is not limited by this Section beyond what that Regulation permits.

11.6. The limitations in this Section apply equally to our affiliates, bodies, employees, agents and subcontractors.

12. Business customers, resellers and partners

12.1. Where you acquire access to the Service for use by your organisation, you are responsible for the acts and omissions of every person who uses the Service under your account or under a user seat allocated by you, as if they were your own.

12.2. The resale, sublicensing or other onward supply of the Service to third parties is permitted only under a separate written partner, reseller or distribution agreement concluded with ROIFORCIO. Absent such an agreement, no right to resell or to sublicense is granted.

12.3. Where you acquire the Service through an authorised partner, reseller or distributor of ROIFORCIO, these Terms govern your use of the Service, while the commercial terms of your purchase (price, term, invoicing and payment) are governed by your agreement with that partner. The partner is not our agent, is not authorised to make any representation, warranty or commitment on our behalf, and is not authorised to vary these Terms.

12.4. Where you use the Service to provide services to your own clients, you shall ensure that those clients are informed of the artificial nature of the generated content in accordance with Section 5 and that all consents required under paragraph 5.6 have been obtained and documented.

12.5. Where you deploy an AI system provided through the Service under your own name or trade mark, or substantially modify it, or modify its intended purpose, you may become a provider within the meaning of Article 25 of the AI Act and assume the corresponding obligations. You shall inform us before any such deployment and shall bear sole responsibility for compliance with the obligations thus assumed.

13. Changes to these Terms

13.1. We may amend these Terms and the documents incorporated into them, in particular in order to reflect changes in the functionality of the Service, in our subprocessors or in applicable law.

13.2. We shall notify registered Users of any amendment by e-mail sent to the address associated with the account, and by publication of the amended version on the website, not less than thirty (30) calendar days before the amendment takes effect. The notice shall identify the amended provisions and the date of entry into effect.

13.3. If you do not agree to an amendment, you may terminate your subscription by notice given before the amendment takes effect; in that case the termination takes effect on the date on which the amendment takes effect and we shall refund prepaid fees for the unused period on a pro rata basis. If you continue to use the Service after that date, the amended Terms apply.

13.4. An amendment does not apply retroactively and does not affect a subscription period already paid for, save where the amendment is necessary to comply with a mandatory legal requirement or with a decision of a competent authority, in which case it takes effect on the date required by that requirement or decision.

13.5. Amendments that are purely editorial, that are favourable to the User or that do not affect the parties’ rights and obligations may be published without prior notice.

14. Export control and sanctions

14.1. Each party shall comply with all applicable export control and sanctions laws, including Regulation (EU) 2021/821 (dual-use items), Council Regulation (EU) No 833/2014 and Council Regulation (EC) No 765/2006, each as amended, the sanctions programmes of the European Union and of the Republic of Austria, the U.S. Export Administration Regulations and the sanctions administered by OFAC, the measures administered by HM Treasury, and the measures of the United Nations Security Council. You acknowledge that the Service incorporates technology of United States origin and may therefore be subject to U.S. export control and sanctions law in addition to that of the European Union.

14.2. You represent, warrant and undertake on an ongoing basis that: (i) you are not located in, nor a national or resident of, nor accessing the Service from, a country or territory subject to comprehensive economic sanctions or embargo; (ii) you are not listed on, nor owned or controlled by, nor acting on behalf of a person listed on, a denied, restricted or sanctioned party list maintained by the European Union, the Republic of Austria, the United States (including the OFAC SDN List), the United Kingdom or the United Nations; and (iii) you will not use, export, re-export, transfer or otherwise make available the Service, any software or technology made available through it, or any output of it, to an end user, destination or end use in breach of applicable export control or sanctions law.

14.3. No-Russia and no-Belarus undertaking. You shall not use, supply, transfer, re-export or otherwise make available, directly or indirectly, the Service, any account, credential or access right to it, or any software or technology made available through it, to or for use in the Russian Federation or the Republic of Belarus, or to any natural or legal person established in, resident in or acting on behalf of a person established in those territories. This undertaking is contractual in nature and applies irrespective of whether the Service qualifies as a good or as a service under any particular sanctions measure; where the Service or any component of it falls within the scope of Article 12g of Council Regulation (EU) No 833/2014, the statutory re-export prohibition applies in addition. The restrictions on the supply of software and IT services under Article 5n of that Regulation apply in addition and are not limited by this paragraph.

14.4. You shall use your best efforts to ensure that the purpose of paragraph 14.3 is not frustrated by any third party further down the commercial chain, including resellers, sub-users and recipients of content generated through the Service.

14.5. Any breach of paragraph 14.3 or 14.4 constitutes a material breach of an essential element of these Terms. Upon becoming aware of such a breach we may, at our sole discretion: (a) suspend your access to the Service with immediate effect; (b) terminate these Terms and your account with immediate effect by written notice; and (c) claim compensation for the damage incurred or likely to be incurred as a result.

14.6. You shall provide the information and certifications reasonably requested by us in order to verify compliance with this Section. We may refuse, suspend or restrict access to the Service pending receipt of satisfactory assurances. We keep the geographic scope of the Service under review in the light of the evolving sanctions landscape and may update this Section in accordance with Section 13. Access to individual features may additionally be restricted by third-party providers of United States origin.

15. Term and termination

15.1. These Terms apply for as long as you use the Service or hold an account. You may terminate at any time by cancelling your subscription and closing your account; termination takes effect at the end of the subscription period paid for.

15.2. We may terminate these Terms and close your account with immediate effect where you are in material breach of these Terms or of the Acceptable Use Policy and, in the case of a remediable breach, have failed to remedy it within fourteen (14) days of our written request, or where continued provision of the Service would expose us to a breach of law.

15.3. Upon termination your right to use the Service ceases. User Content is deleted in accordance with the Privacy Policy and, for business customers, with the Data Processing Agreement. We shall make User Content available for export for a period of thirty (30) days following termination, save where termination results from a breach of Section 14 or from a legal prohibition.

15.4. Sections 2.3 to 2.6, 3.4, 5.4, 10, 11, 14 and 16, and any provision which by its nature is intended to survive, remain in force after termination.

16. Final provisions

16.1. These Terms are governed by the law of the Republic of Austria, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods. Where you are a consumer habitually resident in another Member State of the European Union, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your state of residence.

16.2. The courts competent for the first district of Vienna, Austria, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Where you are a consumer, the statutory rules on jurisdiction apply. The European Commission provides an online dispute resolution platform at ec.europa.eu/odr; we are not obliged and do not undertake to participate in dispute resolution proceedings before a consumer arbitration board.

16.3. If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid provision which comes closest to the economic purpose pursued by the parties.

16.4. You may not assign these Terms or any right under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a transfer of the business to which the Service belongs, subject to your right to terminate where the assignment materially affects your position.

16.5. Notices to us shall be sent to ROIFORCIO GmbH, 15/62 Wallgasse, 1060 Vienna, Austria, or by e-mail to info@roi4cio.com. Notices to you shall be sent to the e-mail address associated with your account.

16.6. These Terms, together with the documents referred to in the introductory part, constitute the entire agreement between the parties in respect of the Service and supersede all prior versions of the Terms of Use.