Terms of Service

Effective Date: January 20, 2026

1. Welcome to Expert Avatar

1.1 Introduction

These Terms of Service ("Terms") govern your access to and use of the Expert Avatar platform and related products and services provided by Melochora LLC ("Company," "we," "us," or "our"), including our website, mobile applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING SECTION 17 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS HOW DISPUTES BETWEEN US ARE RESOLVED.

1.2 About the Services

Expert Avatar is a platform that enables users ("Experts") to create AI-powered avatars of themselves by participating in voice interviews. These avatars capture an Expert's knowledge, expertise, and personality. Other users ("Seekers") can interact with these avatars to learn from the Expert's knowledge. Seekers may also send messages to the real Expert through the avatar.

The Services involve:

Voice interviews that are recorded and transcribed
Voice cloning technology to replicate an Expert's voice
Image processing to create cartoon-style avatars from photographs
AI-powered conversations between Seekers and Expert avatars
Messaging functionality between Seekers and Experts

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Services at least seven (7) days before the changes take effect. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

1.4 Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

2. Eligibility

2.1 Age Requirement

You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.

2.3 Geographic Scope and U.S.-Oriented Services

The Services are designed for, and primarily directed toward, users located in the United States. Data processing, storage, and operations primarily occur in the United States, though some third-party service providers may process data in other locations.

If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws. You acknowledge and agree that:

Your data will be transferred to and primarily processed in the United States
U.S. law, not the law of your jurisdiction, governs data handling and privacy
You assume all risk of any cross-border data transfer
Expert Avatar makes no representations regarding compliance with laws outside the United States

3. Account Registration

3.1 Account Creation

To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at support@melochora.com of any unauthorized use of your account or any other breach of security.

3.3 Account Responsibility

You are solely responsible for all content you submit through your account and for all activities conducted through your account. Expert Avatar will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of Services

4.1 Expert Interviews

Experts participate in voice interviews conducted by our AI interviewer. These interviews are recorded and transcribed to capture the Expert's knowledge, perspectives, and expertise.

4.2 Avatar Creation

Using information from interviews, along with voice recordings and photographs you provide, we create an AI-powered avatar that represents you. This includes:

A cartoon-style visual representation based on your photograph
A cloned voice based on your voice recordings
AI-generated responses based on your interview content

4.3 Seeker Interactions

Seekers can interact with Expert avatars through voice or text conversations. The avatar responds using AI technology, drawing from the Expert's interview content and using the Expert's cloned voice. Seeker audio recordings may be retained by Expert Avatar and our service providers for the purpose of providing and improving the Services.

4.4 Messaging

Seekers may request to send messages or questions to the real Expert through the avatar. Experts can review and respond to these messages at their discretion.

4.5 Service Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

5. Fees and Payment

5.1 Free Tier

Each Expert receives sixty (60) minutes of free chat usage per month. Chat usage is measured by the duration of conversations between Seekers and the Expert's avatar.

5.2 Paid Usage

Usage beyond the free tier is billed per minute at rates published on our website or as specified in a separate agreement between you and Expert Avatar. We reserve the right to change pricing at any time with thirty (30) days' notice.

5.3 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5.4 Refund Policy

Service Fees Are Non-Refundable. Fees paid for usage of the Services (including chat minutes, avatar generation, and other service usage) are non-refundable except as required by applicable law.

Billing Errors. If you believe you have been charged in error (for example, duplicate charges, charges for services not rendered, or incorrect amounts), you may request a refund by contacting us at support@melochora.com within sixty (60) days of the charge. We will investigate and, if we confirm a billing error, issue a refund for the incorrect amount.

Unauthorized Charges. If you believe your payment method was charged without your authorization, please contact us immediately at support@melochora.com. We will work with you and our payment processor to investigate and resolve the issue.

Disputes. If you dispute a charge for any other reason, you must notify us within sixty (60) days of the charge. Disputes not reported within this period may not be eligible for review.

5.5 Changes to Pricing and Free Tier

We reserve the right to modify, reduce, or discontinue the free tier, promotional offers, or any pricing at any time. Changes to the free tier or promotional offers may take effect immediately. Changes to paid pricing will take effect with at least thirty (30) days' notice. Your continued use of the Services after any such changes constitutes your acceptance of the new terms. We are not obligated to provide refunds, credits, or compensation for any changes to the free tier or promotional offers.

5.6 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on Expert Avatar's net income.

6. User Conduct and Prohibited Uses

6.1 General Conduct

You are solely responsible for all content you submit to the Services and for your conduct while using the Services. You agree to use the Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Content and Activities

You agree NOT to use the Services to:

(a) Professional Advice

Provide, seek, or represent any content as professional medical, legal, financial, tax, or other licensed professional advice
Hold yourself out as a licensed professional unless you clearly disclose that the avatar is AI-generated and not a substitute for professional consultation

(b) Sexual Content

Create, share, or solicit sexually explicit, pornographic, or obscene content
Engage in sexual harassment or sexually exploit any person

(c) Harmful Content

Create content that promotes, glorifies, or provides instructions for self-harm, suicide, or eating disorders
Create content that encourages violence, terrorism, or violent extremism
Threaten, harass, bully, stalk, or intimidate any person

(d) Hate Speech

Create content that demeans or promotes discrimination or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic

(e) Offensive and Illegal Content

Create defamatory, libelous, or fraudulent content
Impersonate any person or entity or misrepresent your affiliation
Violate any applicable law or regulation
Infringe any intellectual property or proprietary rights of any party
Distribute malware, viruses, or other harmful code

(f) Platform Abuse

Interfere with or disrupt the Services or servers
Circumvent any access restrictions or security measures
Scrape, data mine, or use automated tools to access the Services
Use the Services to send spam or unsolicited communications

(g) Artificial Intelligence and Machine Learning

Access, scrape, copy, or otherwise collect any content from the Services for the purpose of training or fine-tuning the weights of any machine learning model, large language model, generative AI system, or similar technology
Use any automated tools, bots, or AI agents to interact with the Services except as expressly authorized by Expert Avatar
Reproduce, redistribute, or create derivative works from AI-generated content for the purpose of developing competing services

Clarification: Expert Avatar uses your content only for prompting, contextualization, and runtime inference to operate the Services. Expert Avatar does not train or fine-tune its own model weights using your content. However, third-party service providers we use for voice synthesis, avatar generation, and AI-powered conversations may use data processed through their services to improve their own models and services, subject to their respective terms and privacy policies. For more information, see the AI Model Training section of our Privacy Policy at https://expertavatar.com/privacy.

(h) Recording, Redistribution, and Doxxing

Record, capture, scrape, or otherwise preserve avatar conversations or any portion of the Services using any means, including audio recording, video recording, screen recording, or screenshots, except to the extent required by applicable law
Publish, redistribute, or broadcast avatar conversations or outputs in a manner that attributes statements to an Expert as if the Expert personally made those statements
Dox, harass, or attempt to identify any other user, or publish any other user's personal contact information (including email, phone number, address, or social handles) without their express consent

(i) Seeker Restrictions on Expert Content

Copy, reproduce, download, save, store, or archive any Expert content, including avatar responses, voice outputs, interview content, or any other materials created by or derived from an Expert's participation in the Services
Redistribute, republish, share, or transmit Expert content through any medium, including social media, websites, messaging platforms, or any other distribution channel
Create derivative works from, modify, adapt, or transform any Expert content
Use Expert content for any commercial purpose, including but not limited to training AI models, creating competing services, or monetization
Claim ownership of, or remove any proprietary notices from, any Expert content

6.3 Content Moderation and No Duty to Monitor

We reserve the right, but have no obligation, to monitor, review, edit, or remove any content at any time and for any reason, including content that we determine violates these Terms or is otherwise objectionable. We may suspend or terminate your account for violations of these Terms.

Expert Avatar has no obligation to:

Monitor, review, or audit avatar conversations
Correct errors in AI-generated responses
Intervene in harmful, inaccurate, or offensive discussions
Verify the accuracy of any content

Any moderation, review, or intervention is entirely discretionary. The absence of moderation does not imply approval or endorsement of any content.

7. Content License Grant

7.1 Your Content

"Your Content" means all text, audio, images, photographs, and other materials you submit to the Services, including interview responses, profile information, and any other content you provide.

7.2 License Grant

By submitting Your Content to the Services, you grant Expert Avatar a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

Copy, store, display, and distribute Your Content
Create derivative works from Your Content, including AI-generated avatars and responses
Use Your Content to operate and provide the Services
Make Your Content available to other users as contemplated by the Services (e.g., making your avatar accessible to Seekers)
Use Your Content for limited promotional purposes related to the Services

Clarification: This license is granted solely for the purposes of operating the Services, providing avatar interactions, and promoting the platform. Expert Avatar does not use Your Content to train or fine-tune its own model weights. Your Content is used only for prompting, contextualization, and runtime inference. However, third-party service providers may use data processed through their services to improve their own models, as described in the AI Model Training section of our Privacy Policy.

Term of License; Survival: The licenses granted in this section are granted for as long as reasonably necessary to operate and provide the Services to you (including making your avatar available to Seekers as you configure), and will terminate when you delete your account, except that the licenses may continue for a limited period and purpose to the extent necessary for (a) backup retention and technical deletion processes (up to thirty (30) days), (b) legal compliance and valid legal process, (c) fraud prevention, security, and abuse investigations, and (d) establishing, exercising, or defending legal claims. Aggregated or de-identified data that cannot reasonably be linked to you may be retained and used after deletion.

7.3 Representations

You represent and warrant that:

You own all rights to Your Content or have obtained all necessary permissions
Your Content does not violate any third party's rights, including intellectual property rights, privacy rights, or publicity rights
Your Content complies with these Terms and all applicable laws

7.4 Retention of Rights; No Ownership Claim

As between you and Expert Avatar, you retain all right, title, and interest in and to Your Content. Expert Avatar does not claim ownership of Your Content. The licenses granted in this Section 7 do not transfer ownership; they grant only the rights necessary for Expert Avatar to operate the Services as described.

8. Voice Cloning Consent

8.1 Consent to Voice Cloning

By using the Services and providing voice recordings, you expressly consent to Expert Avatar creating a synthetic clone of your voice ("Cloned Voice") using voice synthesis technology. For additional information about how we collect, use, and protect your voice recordings and biometric information, please see the Biometric Information Notice section of our Privacy Policy.

8.2 Use of Cloned Voice

You grant Expert Avatar a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

Create, store, and use your Cloned Voice
Use your Cloned Voice to generate audio responses through your Expert avatar
Use your Cloned Voice in connection with the Services

8.3 Understanding of Technology

You acknowledge and understand that:

Your Cloned Voice is a synthetic reproduction and may not perfectly replicate your natural voice
Your Cloned Voice will be used to generate AI responses that you did not personally speak
Seekers interacting with your avatar will hear your Cloned Voice speaking AI-generated content

9. Image and Likeness Consent

9.1 Consent to Use Likeness

By uploading photographs or images of yourself to the Services, you expressly consent to Expert Avatar using your likeness to create visual representations of you, including cartoon-style avatars ("Avatar Images").

9.2 License Grant for Likeness

You grant Expert Avatar a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

Create Avatar Images based on your photographs
Display and distribute Avatar Images through the Services
Use your likeness in connection with the operation of the Services
Use your likeness for promotional purposes limited to marketing the Expert Avatar platform itself

Exclusions: This license does not permit Expert Avatar to:

License, sell, or sublicense your likeness to third parties for advertising unrelated to the Services
Use your likeness for standalone commercialization separate from the Services

9.3 Right of Publicity

You waive any claims related to the right of publicity that may arise from Expert Avatar's use of your likeness as permitted by these Terms.

10. AI-Generated Content and Disclaimers

10.1 Nature of AI Content

You acknowledge and understand that:

Avatar conversations are generated by artificial intelligence technology
AI-generated responses are not personally created, reviewed, or approved by the Expert
AI systems are inherently unpredictable and may produce responses that are inaccurate, incomplete, or unexpected
Avatar responses do not represent the actual real-time opinions or statements of the Expert

10.2 No Professional Advice

THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE. AI-generated content is for informational and entertainment purposes only and should never be relied upon as a substitute for professional medical, legal, financial, psychological, or other licensed professional advice. Always consult qualified professionals for specific advice.

10.3 Assumption of Risk

YOU USE THE SERVICES AT YOUR OWN RISK. You acknowledge that:

Interacting with AI systems may produce content that is emotionally affecting, distressing, or triggering
You are solely responsible for how you interpret and act upon any information received through the Services
Expert Avatar is not responsible for any decisions you make or actions you take based on AI-generated content

10.4 No Liability for Self-Harm

EXPERT AVATAR IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING SELF-HARM, THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR YOUR RELIANCE ON AI-GENERATED CONTENT. If you are experiencing thoughts of self-harm or suicide, please contact a mental health professional or crisis helpline immediately.

10.5 Mental Health Resources

If you are in crisis, please contact:

National Suicide Prevention Lifeline: 988 (US)
Crisis Text Line: Text HOME to 741741 (US)
International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/

10.6 No Attribution; No Endorsement

Avatar output does not represent the Expert's actual beliefs, opinions, or statements. You acknowledge and agree that:

AI-generated avatar responses are synthetic and may differ materially from what the Expert would actually say
Avatar responses have not been approved, reviewed, or endorsed by the Expert
You must not attribute avatar statements to the Expert as if they were the Expert's factual, real-time statements
AI-generated responses may contain errors, misalignment with the Expert's views, tone inconsistencies, or fabrications

Experts: By using the Services, you acknowledge that your avatar may produce responses that:

Do not accurately represent your views
Contain errors or omissions
Differ in tone or substance from what you would personally communicate

You waive claims against Expert Avatar arising from any misalignment, errors, fabrications, or tone issues in your avatar's responses.

11. Third-Party Interactions and Introductions

11.1 Seeker Content; Expert Use of Seeker Messages

"Seeker Content" includes questions, messages, prompts, and other materials a Seeker submits through the Services. Seekers grant Expert Avatar the rights necessary to host, process, display, and transmit Seeker Content to operate the Services.

Experts may view and reference Seeker messages and questions (text only) and may reuse them outside the Services, including verbatim excerpts, provided that Experts (a) do not publish a Seeker's personal contact information, (b) do not dox, harass, or attempt to identify a Seeker without the Seeker's consent, and (c) comply with applicable law. Experts do not have access to Seeker audio recordings through the Services.

Seeker Rights to Expert Content. Seekers are granted a limited, personal, non-transferable, non-sublicensable license to access and view Expert avatars and avatar responses solely through the Services for personal, non-commercial use during an active session. Seekers acquire no ownership or other rights in any Expert content. All rights not expressly granted are reserved by the Expert and Expert Avatar. For specific prohibited uses of Expert content, see Section 6.2(i) (Seeker Restrictions on Expert Content).

11.2 Disclaimer of Responsibility

The Services may facilitate introductions or communications between Experts and Seekers. EXPERT AVATAR IS NOT RESPONSIBLE FOR ANY INTERACTIONS, RELATIONSHIPS, OR COMMUNICATIONS THAT OCCUR BETWEEN USERS, WHETHER INITIATED THROUGH THE SERVICES OR OTHERWISE.

11.3 User Responsibility

You acknowledge and agree that:

Any interactions with other users are solely between you and those users
Expert Avatar does not screen, vet, or endorse any users
You are solely responsible for evaluating and bearing all risks associated with interactions with other users
Expert Avatar has no obligation to become involved in disputes between users

11.4 No Liability for Relationships

Expert Avatar disclaims all liability for any harm, loss, or damage arising from relationships, communications, meetings, or other interactions that are facilitated or initiated through the Services, including but not limited to:

Physical, emotional, or financial harm
Fraud, misrepresentation, or misconduct by other users
Failed business or personal relationships

12. Expert Avatar Feedback

12.1 Seeker Comments

As an Expert, you acknowledge that Seekers may interact with your avatar and may make comments, ask questions, or provide feedback that you find disagreeable, offensive, or hurtful.

12.2 No Liability for Seeker Conduct

EXPERT AVATAR IS NOT RESPONSIBLE FOR ANY HARM OR DISTRESS YOU MAY EXPERIENCE AS A RESULT OF CONTENT SUBMITTED BY SEEKERS TO YOUR AVATAR OR MESSAGES SENT TO YOU THROUGH THE SERVICES.

12.3 Moderation Tools

We may provide tools to help you manage interactions with your avatar, but we do not guarantee that all objectionable content will be prevented or removed.

13. Intellectual Property

13.1 Expert Avatar Property

The Services, including all software, algorithms, designs, text, graphics, and other content provided by Expert Avatar ("Company Content"), are owned by Expert Avatar or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Company Content without our prior written consent.

13.2 Trademarks

"Expert Avatar," "Melochora," and related logos are trademarks of Melochora LLC. You may not use these trademarks without our prior written permission.

13.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Expert Avatar a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate the Feedback into the Services without any obligation to you.

13.4 Copyright Complaints

If you believe that content on the Services infringes your copyright, please send a notice to support@melochora.com containing:

Identification of the copyrighted work
Identification of the allegedly infringing material
Your contact information
A statement of good faith belief that the use is unauthorized
A statement under penalty of perjury that your notice is accurate
Your physical or electronic signature

Designated DMCA Agent:

Melochora LLC
2108 N ST #7813
Sacramento, CA 95816
USA
Email: support@melochora.com

13.5 Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Expert Avatar has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. Expert Avatar may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13.6 Counter-Notice

If you believe that content you submitted was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notice to support@melochora.com containing the following information:

Your physical or electronic signature
Identification of the content that has been removed or disabled and the location at which it appeared before removal
A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to the jurisdiction of the federal courts located in the Northern District of California, and that you will accept service of process from the person who provided the original infringement notification

If we receive a valid counter-notice, we will send a copy to the original complaining party. If the original complaining party does not notify us within ten (10) business days that they have filed a court action seeking to restrain the allegedly infringing activity, we may, in our discretion, restore the removed content.

13.7 Content Takedown Policy (Non-Copyright)

In addition to our DMCA procedures for copyright claims, we may remove or disable access to content that violates these Terms, including but not limited to content that:

Constitutes harassment, bullying, or threats
Contains hate speech or discrimination
Doxxes or publishes personal information without consent
Impersonates another person or entity
Is fraudulent, deceptive, or misleading
Otherwise violates Section 6 (User Conduct and Prohibited Uses)

Reporting Violations: To report content that violates these Terms (other than copyright infringement), please contact us at support@melochora.com with the subject line "Content Report" and include:

A description of the content and its location
The reason you believe it violates our Terms
Your contact information

Review Process: We will review reports and, in our sole discretion, determine whether to remove or disable the content. We are not obligated to remove content based on a report, and we may request additional information. We may notify the user whose content is affected, but we are not required to do so in cases involving safety or legal concerns.

No Guarantee: We do not guarantee that we will remove any particular content or take action within any specific timeframe. Our decision to remove or not remove content is final and not subject to appeal.

13.8 Testimonials and Endorsements

If you provide a testimonial, review, case study, or endorsement about the Services (collectively, "Testimonials"), you grant Expert Avatar a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display the Testimonial in connection with marketing and promoting the Services.

You represent and warrant that:

Your Testimonial reflects your honest opinions, findings, beliefs, or experience
You have the right to provide the Testimonial
Your Testimonial does not violate any third party's rights

Expert Avatar may use your name, likeness, and general location (city/state) in connection with your Testimonial. If you wish to have your Testimonial removed, please contact us at support@melochora.com.

Expert Avatar's use of Testimonials complies with Federal Trade Commission (FTC) guidelines on endorsements. We may edit Testimonials for length or clarity, but we will not materially alter the substance of your statement.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Expert Avatar does not warrant that:

The Services will meet your requirements
The Services will be uninterrupted, timely, secure, or error-free
The results obtained from the Services will be accurate or reliable
Any errors in the Services will be corrected

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPERT AVATAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF EXPERT AVATAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

IN NO EVENT WILL EXPERT AVATAR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO EXPERT AVATAR IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

15.3 Basis of the Bargain

The limitations of liability in this section reflect the allocation of risk between you and Expert Avatar and are an essential basis of the bargain between us.

15.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the exclusions and limitations in this section shall apply to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Expert Avatar, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of the Services
Your Content
Your violation of these Terms
Your violation of any rights of any third party
Your violation of any applicable law or regulation
AI-generated avatar speech or content attributed to you as an Expert
Any professional, regulated, or specialized advice provided through your avatar
Third-party harm caused by your avatar's responses
Claims arising from interactions between Seekers and your avatar

Experts specifically acknowledge that they bear responsibility for claims arising from their avatars' responses, including but not limited to claims of:

Defamation or misattribution
Professional malpractice or regulated advice
Harm caused by inaccurate, misleading, or fabricated avatar content

California Residents: If you are a California resident, you hereby waive California Civil Code Section 1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the maximum extent permitted by law.

17. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.0 Informal Dispute Resolution

Before initiating any arbitration or legal proceeding, you and Expert Avatar agree to first attempt to resolve any Dispute informally. To initiate informal resolution, either party must send the other a written notice describing the nature and basis of the Dispute and the relief sought ("Dispute Notice").

For Disputes you initiate: Send your Dispute Notice to support@melochora.com and by mail to Melochora LLC, 2108 N ST #7813, Sacramento, CA 95816. Your notice must include your name, the email address associated with your account, a description of the Dispute, and the specific relief you seek.

For Disputes we initiate: We will send our Dispute Notice to the email address associated with your account.

The parties agree to negotiate in good faith for at least sixty (60) days after receipt of the Dispute Notice before initiating arbitration. If the Dispute is not resolved within this period, either party may proceed to arbitration as described below. The running of any statute of limitations or filing deadlines will be tolled during this informal resolution period.

17.1 Agreement to Arbitrate

You and Expert Avatar agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided below.

This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA"). The FAA, and not state arbitration law, shall govern the interpretation and enforcement of this arbitration agreement.

17.2 Exceptions

This arbitration agreement does not apply to:

Claims that may be brought in small claims court
Claims for injunctive or equitable relief to protect intellectual property rights
Users who are residents of the European Union, European Economic Area, or United Kingdom (such users may bring claims in their local courts)

17.3 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND EXPERT AVATAR WAIVE THE RIGHT TO A TRIAL BY JURY.

17.4 Waiver of Class Actions

YOU AND EXPERT AVATAR AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the entirety of this arbitration agreement shall be null and void.

17.5 Arbitration Procedures

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted by a single arbitrator in San Francisco, California, unless you and Expert Avatar agree otherwise. The arbitrator's decision will be final and binding.

17.6 Costs

Each party will bear its own costs and attorneys' fees. Filing fees and arbitrator compensation will be governed by JAMS rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation, Expert Avatar will pay a reasonable portion of the filing fees.

17.7 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@melochora.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

17.8 Changes to This Section

If Expert Avatar makes any material changes to this arbitration section, you may reject such changes by providing written notice within thirty (30) days of the change.

17.9 Mass Arbitration Procedures

If twenty-five (25) or more similar arbitration demands are submitted against Expert Avatar by the same law firm or coordinated group of law firms within a ninety (90) day period ("Mass Filing"), the following procedures apply:

(a) Batching: Arbitration demands will be processed in batches of ten (10) demands. Only one batch may be filed, processed, and adjudicated at a time. Subsequent batches may not proceed until the prior batch is resolved.

(b) Bellwether Process: The parties will select a total of ten (10) initial cases (five selected by claimants' counsel, five by Expert Avatar) to proceed first as "bellwether" cases. The results of these bellwether cases will inform potential resolution of remaining claims.

(c) Mediation: After the bellwether cases are resolved, the parties will participate in a single mediation of all remaining claims before a mutually agreed-upon mediator. Expert Avatar will pay the mediation fee. If the parties cannot resolve remaining claims within ninety (90) days after mediation, the batching process will continue.

(d) Fees: Arbitration fees for claims in a Mass Filing are due only when a demand is included in an active batch.

(e) Opt-Out of Arbitration: If the parties cannot agree on resolution after the mediation period, any remaining claimant or Expert Avatar may elect to have remaining claims proceed in court rather than arbitration by providing written notice within sixty (60) days after the close of the mediation period.

18. Termination and Data Deletion

18.1 Termination by You

You may terminate your account at any time by contacting us at support@melochora.com or through the account settings in the Services.

18.2 Termination by Expert Avatar

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

Violation of these Terms
Conduct that we determine is harmful to other users or Expert Avatar
Extended periods of inactivity (ninety (90) days or more without login or use of the Services)

18.3 Effect of Termination

Upon termination:

Your right to use the Services will immediately cease
We may delete your account and associated data, subject to the Data Deletion Guarantees section below
The licenses you granted to Expert Avatar in these Terms will survive termination only to the extent required for backup retention (up to thirty days) and legal compliance as described in the Data Deletion Guarantees section below
The following sections of these Terms will survive termination: Content License Grant, Voice Cloning Consent, Image and Likeness Consent, AI-Generated Content and Disclaimers, Third-Party Interactions and Introductions, Expert Avatar Feedback, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration and Class Action Waiver, and General Provisions

18.4 Data Deletion Guarantees

Expert Avatar is committed to deleting your data when you or we terminate your account or when you delete content. Upon deletion:

When an Expert deletes an avatar:

All interview recordings associated with that avatar are permanently deleted
All Seeker conversations with that avatar are permanently deleted
All images and voice data associated with that avatar are permanently deleted
The avatar becomes permanently inaccessible

When an Expert deletes their account:

All of the Expert's avatars are deleted as described above
All associated recordings, images, voice data, and transcripts are permanently deleted
All profile information is permanently deleted

When a Seeker deletes their account:

All conversation history is permanently deleted
All messages sent to Experts are deleted from our systems
All profile information is permanently deleted

Exceptions: Deletion may be delayed or limited only for:

Legal compliance, including valid legal process, regulatory requirements, or litigation holds
Fraud prevention or security investigations
Backup retention for up to thirty (30) days following deletion

Irreversibility: Deletion is permanent and irreversible. Once data is deleted, it cannot be recovered.

19. General Provisions

19.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

Notwithstanding any mandatory consumer protection or data protection laws of your jurisdiction, you agree that California law governs your use of the Services and these Terms to the maximum extent permitted by law. Any claim that California law cannot govern shall be resolved under California law, except where expressly prohibited by the mandatory laws of your jurisdiction.

19.2 Jurisdiction

For any disputes not subject to arbitration, you and Expert Avatar consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

19.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Expert Avatar regarding the Services and supersede all prior agreements.

19.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.5 Waiver

Expert Avatar's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19.6 Assignment

You may not assign these Terms without Expert Avatar's prior written consent. Expert Avatar may assign these Terms without restriction.

19.7 Consent to Electronic Communications

By creating an account or using the Services, you consent to receive electronic communications from Expert Avatar, including emails, in-app notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to receive electronic communications by deleting your account, but this may affect your ability to use the Services.

19.8 Notices

We may provide notices to you via email to the address associated with your account or through the Services. You may provide notices to us at support@melochora.com or by mail to:

Melochora LLC
2108 N ST #7813
Sacramento, CA 95816
USA

19.9 Export Controls

You agree to comply with all applicable export control laws and regulations.

19.10 Force Majeure

Expert Avatar will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

19.11 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19.12 International Users; No GDPR Compliance

Expert Avatar operates exclusively from the United States and does not represent compliance with the General Data Protection Regulation (GDPR), UK GDPR, EU consumer protection directives, or any other non-U.S. data protection or consumer protection law.

If you access the Services from the European Union, European Economic Area, United Kingdom, or any other jurisdiction outside the United States:

You acknowledge that Expert Avatar does not comply with GDPR, UK GDPR, or EU consumer protection laws
Your data will be processed in the United States under U.S. legal standards
You use the Services at your own risk
To the maximum extent permitted by law, you waive claims based on EU or other foreign data protection or consumer laws
You assume all risk associated with cross-border data transfer and processing

This section does not prohibit users from any jurisdiction from accessing the Services. However, users from jurisdictions with laws that materially conflict with these Terms should carefully evaluate whether the Services are appropriate for them.

19.13 Accessibility

Expert Avatar is committed to making the Services accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and to comply with applicable accessibility laws, including the Americans with Disabilities Act (ADA).

Our Efforts Include:

Designing interfaces with accessibility in mind
Providing keyboard navigation support
Maintaining sufficient color contrast
Supporting screen reader compatibility where feasible
Ongoing review and improvement of accessibility features

Feedback and Assistance: If you experience any difficulty accessing any part of the Services, or if you have suggestions for improving accessibility, please contact us at support@melochora.com with the subject line "Accessibility." We welcome your feedback and will work to address accessibility concerns in a timely manner.

Limitations: Due to the nature of real-time voice AI interactions, certain features of the Services may present inherent accessibility challenges. We are committed to exploring solutions and providing alternative means of access where possible.

19.14 Enterprise and Business Agreements

These Terms apply to individual users of the Services. Enterprise customers, business entities, and organizations that wish to use the Services under different terms may enter into a separate written agreement with Expert Avatar. If you have entered into a separate enterprise or business agreement with us, that agreement governs your use of the Services to the extent it conflicts with these Terms. For inquiries about enterprise agreements, please contact us at support@melochora.com.

20. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

Email: support@melochora.com

Mail:
Melochora LLC
2108 N ST #7813
Sacramento, CA 95816
USA