Custom Avatar Policy

Effective Date: July 11, 2025

1. Introduction

This Custom Avatar Policy (“Policy”) sets out the legal terms and usage conditions related to the creation, upload, licensing, and distribution of custom avatars and associated video content (“Custom Avatar Content”) within the MakeUGC platform, operated by Make Media Limited (“MakeUGC”, “we”, “our”, or “us”).

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This Policy is a legally binding supplement to our primary Terms of Service, Privacy Policy, and any other applicable MakeUGC policies. By accessing or using any part of the MakeUGC platform to create, generate, upload, or distribute Custom Avatar Content, you ("User") acknowledge and agree to comply with the provisions of this Policy in full.

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2. Scope of the Policy

This Policy applies to all users—individuals, businesses, agencies, or teams—who engage with any part of the MakeUGC platform to produce Custom Avatar Content, either by uploading their own likeness or persona, or by utilizing MakeUGC’s AI tools to create an avatar-based experience. It applies equally to content that is created, edited, distributed, or downloaded through the platform using avatars that reflect real or fictional identities.

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Users are fully responsible for the legal compliance of any content they introduce or generate on the platform.

3. Key Definitions

  • “Custom Avatar Content” refers to any video, image, AI-rendered avatar, likeness, performance, voice, or related digital media that includes a user-created or uploaded visual identity.
  • “Licensing” refers to the legal permission granted by the rights holder to use, display, publish, modify, or distribute any intellectual property embedded within a Custom Avatar.
  • “Platform” or “MakeUGC” refers to the software, tools, API integrations, mobile apps, and web properties owned and operated by Make Media Limited that enable AI-powered content creation.

4. Licensing and Intellectual Property

a. User’s Responsibility for Rights Clearance

All media, voices, images, music, likenesses, or performances incorporated into Custom Avatar Content must be fully licensed or owned by the User. This includes third-party assets such as:

  • Voiceover files and synthetic voice licenses
  • Image or likeness permissions
  • Stock music, ambient tracks, or sound effects
  • Brand references, names, logos, or slogans

By uploading or generating Custom Avatar Content, you warrant that you hold all necessary legal rights, licenses, permissions, or clearances for such usage. You may not use the Platform to replicate the likeness of any individual—public or private—without lawful authority or signed consent.

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b. Ownership and Grant of License to MakeUGC

While MakeUGC does not claim ownership over your Custom Avatar Content, you hereby grant MakeUGC a non-exclusive, worldwide, royalty-free license to store, process, transfer, and display such content solely for the purpose of providing the Services to you. This license is necessary to enable video rendering, customer support, moderation, and account delivery features. We do not commercially exploit user content for third-party gain.

5. Prohibited Uses and Content Restrictions

Users are strictly prohibited from generating, uploading, or distributing Custom Avatar Content that:

  • Infringes upon copyrights, trademarks, likeness rights, or publicity rights
  • Is false, misleading, or impersonates a real person without consent
  • Contains nudity, pornography, explicit material, or hate speech
  • Promotes violence, drugs, gambling, scams, or unethical activity
  • Violates applicable local, regional, or international law

Any violations may lead to immediate removal of the content, suspension of services, revocation of licensing rights, or referral to legal authorities, depending on the severity.

6. User Obligations

a. Compliance with Laws and Accuracy

Users are solely responsible for ensuring that any Custom Avatar Content complies with local, national, and international laws, including but not limited to copyright, privacy, defamation, AI disclosure, and advertising standards.

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Users are also responsible for the accuracy of any metadata, attributions, disclosures, or source materials related to the avatars they create or publish. Falsifying identities or misrepresenting AI-generated avatars as real individuals is prohibited.

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b. Liability and Assumption of Risk

MakeUGC assumes no liability for the Custom Avatar Content created or uploaded by users. You assume full legal responsibility for any claims, damages, disputes, or violations arising out of the production, distribution, or use of your content, including claims from third-party rights holders.

7. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MakeUGC and its affiliates, officers, directors, employees, licensors, and agents from and against any and all claims, losses, liabilities, expenses, legal actions, or damages—including attorneys’ fees—arising out of or relating to:

  • Your breach of this Policy or the Terms of Service
  • Your infringement of intellectual property or privacy rights
  • Your misuse or unauthorized distribution of Custom Avatar Content
  • Your violation of any law or regulation in connection with use of the Platform

8. Disclaimers and Limitation of Liability

MakeUGC provides access to its Services and Custom Avatar generation tools strictly on an “as-is” and “as-available” basis. We make no representations or warranties regarding:

  • The legality or enforceability of your generated content
  • The uniqueness or accuracy of the output
  • The viability of using avatars for commercial, educational, or testimonial purposes

To the extent permitted by law, MakeUGC disclaims all liability for indirect, incidental, special, punitive, or consequential damages. Our total liability in relation to this Policy shall not exceed the amount paid by you for the Services in the past 12 months, or £100, whichever is greater.

9. Enforcement and Violations

We reserve the right to monitor usage and content for compliance with this Policy. We may remove or disable any Custom Avatar Content and suspend or terminate accounts if we believe, in our sole discretion, that a User has violated this Policy, applicable laws, or our Terms of Service.

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Violations may be reported to us at support@makeugc.ai. All reports will be reviewed and acted upon appropriately and confidentially.

10. Amendments and Updates

MakeUGC reserves the right to amend or update this Policy at any time without prior notice, unless required by law. When significant updates are made, we will notify users via email or in-platform notifications. Continued use of the Platform after such changes constitutes acceptance of the revised Policy.

11. Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of England and Wales, as outlined in the Terms of Service. Any disputes arising under this Policy shall be resolved exclusively through the arbitration and dispute resolution procedures described in the Terms.

12. Contact Information

If you have any questions, concerns, or require clarification regarding this Policy or the use of Custom Avatar Content on our platform, please contact:

📧 Email: help@makeugc.ai

🏢 Office: Silverstream House, 45 Fitzroy Street, London, England, W1T 6EB

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