Terms of Service

1.1 These Terms of Service (hereinafter "Terms") govern the rights and obligations between the Provider and the User in connection with the use of the SaaS platform AvocAIdo, available at https://avocaido.com (hereinafter "Platform").

1.2 The Provider of the Platform is:

• Company name: PS:Digital, s.r.o.
• Registered office: Šustekova 5, Bratislava – Petržalka 851 04, Slovak Republic
• Company ID (IČO): 47 585 439
• Tax ID (DIČ): 2024008140
• VAT ID (IČ DPH): SK2024008140
• Registration: Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No.: 95596/B
• Email: team@avocaido.com
• Phone: +421 910 760 011

1.3 The consumer protection supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P.O. BOX 5, 820 07 Bratislava, Slovak Republic.

1.4 Use of the Platform is conditional upon unconditional acceptance of these Terms. By creating an account (registering) or by commencing use of the Platform, the User expresses consent to these Terms.

1.5 The Service is intended exclusively for persons aged 16 or older. By registering, the User confirms that they meet this age requirement.

2.1 Platform/Service: The AvocAIdo software solution provided as Software-as-a-Service (SaaS), designed for generating and editing images using artificial intelligence (AI).

2.2 User: A natural or legal person who has registered on the Platform. If the User acts within the scope of their business activity, they are considered a business user (B2B). If they act outside the scope of business, they are considered a consumer (B2C).

2.3 Account: A personalised User interface accessible after registration.

2.4 Credit: A unit of digital value on the Platform that serves as payment for individual operations (generation, analysis, etc.).

2.5 AI Model: A third-party artificial intelligence algorithm supplied by sub-processors (primarily OpenAI, Google, Replicate, and Kie.ai) that generates Outputs.

2.6 Prompt: A textual or visual instruction entered by the User for the purpose of generating an image.

2.7 Input: Any data, texts, or reference photographs uploaded by the User to the Platform.

2.8 Output: An image or visual content generated by the Platform based on the User's instructions.

2.9 Subscription: A recurring paid access model to a credit package (Starter, Professional, Agency).

2.10 Top-up: A one-time purchase of additional credits outside of a Subscription.

2.11 Rollover Limit: The maximum number of unused credits that may be carried over from the current billing period to the next.

2.12 Merchant of Record (MoR): The entity Stripe Payments Europe Ltd. that acts as the legal seller of the Service, processes payments, issues invoices, and remits applicable taxes.

3.1 Access to the Service requires creating an account via email address and password or through Google OAuth authentication.

3.2 The User is obligated to provide truthful and up-to-date information. The User is solely responsible for the security of their login credentials and any activity under their account.

3.3 Each User is permitted to maintain only one account. Creating multiple accounts for the purpose of abusing free credits (Free Trial) is prohibited and may result in the suspension of all related accounts.

3.4 The Provider reserves the right to refuse registration or terminate an existing account upon reasonable suspicion of a violation of these Terms, applicable laws, or the usage terms of external AI models.

4.1 AvocAIdo is an AI image generation and visual art direction tool. It includes features such as style analysis, simultaneous generation via multiple AI models, editing, upscaling, and a style library.

4.2 Nature of AI Outputs: The User acknowledges that Outputs are generated by probabilistic models. The Provider does not guarantee the quality, accuracy, truthfulness, or aesthetic suitability of Outputs for any particular purpose. Outputs may vary even when the same Prompt is repeated.

4.3 Availability and External APIs: The functionality of the Platform depends on the availability of third-party API interfaces. The Provider is not liable for temporary unavailability of the Service caused by outages of these external partners.

4.4 Maintenance: The Provider has the right to perform scheduled and unscheduled maintenance of the Platform for the purpose of updates, upgrades, or bug fixes.

5.1 Use of Platform features is charged through the deduction of credits from the User's account.

5.2 Free Trial: A new User receives a one-time allocation of 4,000 credits free of charge upon registration.

5.3 Subscription Plans (monthly billing):

• Starter: EUR 19/month — 50,000 credits (Rollover Limit: 100,000 credits)
• Professional: EUR 49/month — 150,000 credits (Rollover Limit: 260,000 credits)
• Agency: EUR 99/month — 350,000 credits (Rollover Limit: 520,000 credits)

5.4 Top-up Packages (one-time):

• EUR 10: 16,700 credits
• EUR 15: 25,000 credits
• EUR 20: 33,300 credits
• EUR 25: 41,700 credits

5.5 Operation Pricing (credit consumption):

• Image generation: 185–300 credits depending on the selected model at standard 1K resolution (using all 4 models simultaneously: 1,010 credits); higher output resolutions cost more per the current in-app price list (up to 500 credits for 2K and 735 credits for 4K per model, where supported)
• Style analysis from a photograph: 3,000 credits
• Upscale (resolution enhancement): 600 credits
• Zoom (outpainting/scene expansion): 500 credits
• Resize (format/aspect ratio change): 250 credits per format

5.6 Rollover and Expiration: Unused credits from a Subscription carry over to the following month only up to the Rollover Limit set for the given plan. Upon account cancellation or termination of the Service, unused credits expire without entitlement to compensation.

6.1 Payments are processed through Stripe, which acts as the Merchant of Record. The User enters into a purchase agreement for digital content directly with Stripe.

6.2 Prices are quoted in EUR. The Provider reserves the right to change the pricing, with the User being notified at least 15 days before the start of a new billing period.

6.3 Automatic Renewal: Subscriptions are automatically renewed every 30 days. The User may cancel a Subscription at any time in their account settings.

6.4 Right of Withdrawal (B2C): The consumer acknowledges and expressly consents that by granting consent to begin the provision of digital content before the expiry of the withdrawal period, the consumer loses the right to withdraw from the contract pursuant to consumer protection legislation.

6.5 Refunds: Credits are non-refundable once partially or fully used. Any refund requests for unused packages will be assessed on a case-by-case basis.

7.1 Inputs: The User represents and warrants that they are the owner of, or hold the necessary licences to, all Inputs uploaded to the Platform. The User grants the Provider a non-exclusive, royalty-free licence to process these Inputs solely for the purpose of providing the Service.

7.2 Outputs: The Provider waives any and all claims to Outputs generated by the Platform based on the User's instructions. The User is entitled to freely use, modify, distribute, and commercially exploit the Outputs to the maximum extent permitted by applicable law. The User acknowledges that AI-generated outputs may not qualify for copyright protection.

7.3 Provider's Intellectual Property: The Platform, its design, source code, algorithms, texts, and the AvocAIdo trademark are the exclusive intellectual property of the Provider (PS:Digital, s.r.o.).

8.1 Disclosure Obligation: The Provider informs the User that the Platform utilises artificial intelligence systems. All visual Outputs are generated by artificial intelligence. The AvocAIdo Platform is a generative AI system classified as "limited risk."

8.2 Technical Labelling: The Provider embeds an EXIF metadata tag with the information "AI Generated" in every generated Output in accordance with Art. 50(2) of the AI Act.

8.3 User's Obligation (Art. 50(4) AI Act): If the User publicly publishes Outputs that appear to be authentic depictions of real persons, objects, or events (so-called deepfakes), the User is obligated to clearly and visually disclose that the content was created or manipulated by artificial intelligence.

8.4 Ethical Use: The User must not use AI systems for purposes prohibited under Article 5 of the AI Act (e.g., subliminal techniques, social scoring, exploitation of vulnerable groups).

9.1 The User undertakes not to use the Platform for:

1. Generating content depicting child sexual abuse material (CSAM), extreme violence, or hate speech.
2. Creating deepfake content with the intent to defraud, defame, or spread disinformation.
3. Infringing copyright, personality rights, or the privacy of third parties.
4. Generating content that violates the terms of use of external AI models.
5. Automated access to the Service (scraping, bots) without the Provider's written consent.
6. Circumventing security features or credit system limits.

9.2 Violation of these prohibitions entitles the Provider to immediately suspend the account without compensation.

10.1 The Service is provided on an "as is" basis, without any express or implied warranties as to functionality, fitness for a particular purpose, or uninterrupted availability.

10.2 The Provider shall not be liable for any direct, indirect, or consequential damages arising in connection with the use of Outputs by the User or third parties.

10.3 The Provider's total liability for damages shall be limited to the amount paid by the User during the 3 months preceding the occurrence of the damage. In the case of consumers (B2C), this limitation applies only to the extent permitted by law.

10.4 The Provider shall not be liable for damages incurred as a result of the User's failure to label AI content when publishing publicly.

11.1 In the event of a malfunction of the Service or non-compliance with these Terms, the User may file a complaint by sending an email to: team@avocaido.com.

11.2 The Provider shall resolve the complaint without undue delay, no later than 30 days from the date of filing.

11.3 If the User is a consumer and is dissatisfied with the resolution, they may contact the alternative dispute resolution body (SOI) or via the ODR platform at: https://ec.europa.eu/consumers/odr.

12.1 The User may request account cancellation at any time through the Platform settings or by email.

12.2 The Provider is entitled to suspend or cancel the User's account in the event of a material breach of these Terms or non-payment of a Subscription.

12.3 Upon account cancellation, the User's personal data will be deleted without undue delay from active production systems. Data may remain in encrypted automatic backups for a maximum of 7 days. Data required by law shall remain stored for the applicable statutory period.

13.1 The processing of personal data is carried out in accordance with the GDPR and Act No. 18/2018 Coll. Detailed information is contained in the Privacy Policy.

14.1 Legal relations established by these Terms shall be governed by the laws of the Slovak Republic.

14.2 Any disputes shall be resolved by the competent court in the Slovak Republic with subject-matter and territorial jurisdiction.

15.1 If any provision of these Terms becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.

15.2 The Provider reserves the right to amend these Terms. The User will be notified by email at least 30 days before the effective date of the new version.

15.3 These Terms shall enter into force and take effect on 18 March 2026.