These Terms of Use ("Terms") govern your access to and use of totalkto.ai (the "Service"), an application that lets you create AI-generated talking avatars from photographs, optionally clone a voice, attach knowledge documents, and hold AI-generated conversations. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
totalkto.ai uses third-party artificial intelligence services to (a) generate an animated, lip-synced talking avatar from a still photograph, (b) optionally create a synthetic "clone" of a voice from an audio sample, (c) extract text from documents you upload to ground the avatar's responses, and (d) generate conversational replies. The output is synthetic, AI-generated media and does not represent the real statements, opinions, or actions of any real person.
By uploading or submitting any photograph, image, audio recording, voice sample, document, file, name, or other content ("User Content"), you represent, warrant, and agree that:
You retain ownership of your User Content. You grant us and our third-party processors a limited license to host, process, transmit, and transform it solely to provide the Service to you (for example, sending a photo to the avatar provider, or an audio sample to the voice provider).
You must not use the Service to:
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless totalkto.ai, its owners, officers, employees, and partners from and against any and all claims, demands, investigations, liabilities, losses, damages, fines, penalties, and costs (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of any law or of any third party's rights, including any person whose likeness, voice, or data you used without proper consent.
The Service relies on third-party providers to function, and your User Content is transmitted to them to deliver features you request. These currently include the avatar/streaming provider (D-ID), the voice and speech-to-text provider (ElevenLabs), the language-model provider (OpenAI), and the authentication, database, and storage provider (Supabase). Your use is also subject to their respective terms and privacy policies. See our Privacy Policy for details on data handling.
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any output will be accurate.
To the maximum extent permitted by law, totalkto.ai and its owners, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for any legal claims, fines, or penalties arising out of or related to your use of the Service or your User Content, even if advised of the possibility of such damages. To the extent any liability cannot be excluded, our total aggregate liability is limited to the greater of the amount you paid us in the 3 months before the event giving rise to the claim, or USD $50.
We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or used the Service unlawfully. You may stop using the Service and request deletion of your data at any time (see the Privacy Policy).
We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use after changes take effect constitutes acceptance.
These Terms are governed by the laws of Germany, without regard to conflict-of-laws principles.
Questions about these Terms: [email protected].