Terms of Service

Welcome to ClavSI. These Terms of Service (the “Terms”) govern access to and use of the ClavSI platform (the “Service”) provided by Bertuprojects, with registered office in Milan, Italy, VAT no. 14276770964 (“we”, “us”, the “Controller”). By using the Service you accept these Terms in full.

1. Definitions

• User: anyone who accesses or uses the Service.
• Account: the personal profile created to access the Service.
• User Content: text, images, audio, video, prompts and any other material provided or generated by the User through the Service.
• Credits: units of account used to consume the Service's AI features.

2. Account and access

To access the Service you must create an Account with accurate and truthful information. You are responsible for keeping your credentials confidential and for all activity carried out through your Account. You must be at least 16 years old to sign up.

3. Use of the Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use the Service in accordance with these Terms. You agree not to:

• Generate or publish content that is unlawful, defamatory, obscene, discriminatory or infringes the rights of others.
• Use the Service for phishing, spam, fraud or other illegal activities.
• Try to bypass technical limits, decompile or reverse-engineer the platform.
• Resell, sublicense or redistribute the Service without written authorization.
• Upload content that infringes third parties' intellectual property rights.

4. Generated content and intellectual property

4.1 User Content

You keep ownership of the rights to the Content you provide or generate through the Service. You grant ClavSI a limited, non-exclusive license to process, store and display your Content to you for the sole purpose of providing the Service.

4.2 AI output

Output generated by the AI models through the Service may be used for commercial purposes unless stated otherwise. ClavSI claims no exclusive rights over the output generated by your Account. However, some third-party models may impose restrictions: please check the underlying provider's terms before any significant commercial use.

4.3 ClavSI trademarks

All trademarks, logos, source code and materials of the ClavSI platform are owned by Bertuprojects. Using them without written authorization is prohibited.

5. Faces, voices and people's rights

Among other things, the Service lets you create avatars from a photograph of a face, clone a voice and lip-sync a video. By uploading or generating the face, voice or other recognisable features of a person, you represent and warrant that:

• if the person is you, the material is yours and you upload it freely;
• if it is another person, you have obtained their free, specific and documented consent to that use (for a minor, the consent of whoever holds parental responsibility) and you can produce it if we ask;
• you hold all the rights needed on the uploaded material, including image rights (Art. 10 of the Italian Civil Code and Arts. 96-97 of Italian Law no. 633 of 22 April 1941), rights over the voice, copyright and related rights, and whatever data protection law requires;
• you will not use the result to make people believe that the person said or did something they did not, unless that person authorised it and the context does not mislead whoever sees or hears it.

Public figures and trademarks: you may use the face, voice or name of a public figure, or third-party trademarks, logos, works and protected characters, only if you hold a licence or permission from the rights holder, or if your use falls within an exception provided by law. The assessment and the responsibility are entirely yours: Bertuprojects grants no licence over third-party people, trademarks or works and does not review the content you generate in advance.

We may ask you at any time to prove the consent or the licence. If you cannot, or if the person concerned withdraws their consent, we may remove the content and the related models (for example an avatar or a cloned voice).

6. Prohibited content

Even with the consent of the people involved, you may not use the Service to create, upload or distribute:

• sexual or pornographic content, or nudity of a sexual nature, depicting real or fictional people;
• any content that sexualises minors or depicts them inappropriately: we remove it immediately and report it to the authorities;
• content that deceives about real facts, events or statements, such as false statements attributed to real people, fake news events or disinformation about elections or health;
• content that harms a person's reputation, dignity, privacy or safety;
• harassment, threats, bullying, or incitement to hatred, discrimination or violence;
• fraud, scams and impersonation: for example using a cloned face or voice to obtain money, data or access, to get around identity verification systems or to pose as another person or organisation;
• any other content that is unlawful under Italian law, European Union law or the law of the country where you use or distribute it.

The Service may apply automated checks and refuse requests it considers contrary to these rules. The fact that content was generated does not make it lawful: responsibility for its use remains yours.

7. Marking and transparency of generated content

Images, videos and audio generated with the Service carry in the file's metadata a machine-readable marking that identifies them as generated by artificial intelligence (for images, the IPTC code “trainedAlgorithmicMedia” and the credit “Made with ClavSI (AI-generated)”). The marking does not change what you see or hear.

You agree not to remove, alter or conceal that marking and not to help others do so.

When you publish or distribute generated or manipulated content that realistically depicts existing people, places, objects or events, or text published to inform the public on matters of public interest, you must clearly disclose that it was artificially generated or manipulated, as required by Article 50 of Regulation (EU) 2024/1689 on artificial intelligence and by other applicable rules, including those of the platforms where you publish. For evidently artistic, creative, satirical or fictional works, a disclosure that does not hamper the enjoyment of the work is enough.

8. Reports and removal of content

Anyone, even without an account, can report content they believe is unlawful or contrary to these Terms, in particular an unauthorised use of their face or voice.

To report, write to [email protected] or use the report link. If you have an account you can also do it from the Assistant in the app. In your report, please include:

• where the content is (link, screenshot or precise description);
• why you believe it is unlawful or contrary to the Terms;
• your name and contact details and, if you are reporting a use of your face or voice, that you are the person concerned or represent them;
• a statement that the report is made in good faith and that the information provided is accurate and complete.

What happens next:

1. we confirm receipt of the report and review it in a timely, diligent and objective manner; in serious and urgent cases (non-consensual sexual content, minors, ongoing fraud) we block the content immediately as a precaution;
2. if the content turns out to be unlawful or contrary to the Terms, we remove it or disable access to it, together with the related models (for example the avatar or the cloned voice), and we may suspend or close the account that uploaded or generated it;
3. we notify the decision and its reasons to the user who uploaded or generated the content, unless the law or an investigation by the authorities prevents it, and we inform the reporter of the outcome;
4. both the uploader and the reporter can challenge the decision by replying to our message: we review it and reply with our reasons. This is without prejudice to recourse to the courts and to the out-of-court dispute settlement bodies provided for by Regulation (EU) 2022/2065 on digital services.

We may suspend, for a reasonable period, the processing of reports from anyone who frequently submits manifestly unfounded ones. We cooperate with the competent authorities and provide them with the information required by law.

9. Indemnification

You agree to indemnify and hold Bertuprojects harmless from any claim, damage, penalty, cost and expense (including reasonable legal fees) arising from the content you upload, generate or distribute through the Service, from a breach of these Terms or from a breach of third-party rights, in particular the image, voice, privacy, data protection and intellectual property rights of the people and rights holders involved. If you are a consumer, this clause applies to the extent permitted by consumer protection law.

10. Credits, subscriptions and payments

Using the AI features consumes Credits. Credits are granted on sign-up (Free plan) and through subscriptions or additional purchases.

Subscriptions and credit packs are sold by Bertuprojects, which issues the tax document, applies the taxes due by law and handles every order-related request, including refunds. Payments (card and PayPal) are processed by Stripe, which acts as payment service provider and not as seller: card or PayPal account details are entered in Stripe's forms and ClavSI neither receives nor stores them.

Monthly and annual subscriptions renew automatically at the end of each period until you cancel them. You can cancel at any time from Plans → Manage: the subscription stays active until the end of the period already paid for. Plan Credits are reset at every renewal and do not roll over; pack Credits stay on your balance. Refunds follow the Refund policy.

11. Availability and changes to the Service

The Service is provided “as is”. We reserve the right to change, suspend or discontinue individual features of the Service, even without notice, for technical, economic or legal reasons. We will do our best to limit interruptions and to announce significant changes in advance.

12. Limitation of liability

To the extent permitted by law, Bertuprojects is not liable for indirect or consequential damages, loss of data, loss of profit or business interruption arising from use of the Service. Bertuprojects' total liability towards you shall not exceed the amount you paid to ClavSI in the twelve months before the event giving rise to the damage.

13. Suspension and termination

We may remove content and suspend or close your Account, with or without notice, in the event of a breach of the Terms (in particular sections 5, 6 and 7), illegal activity or misuse of the Service; when we do, we tell you why, unless the law prevents it. You can close your Account at any time from the settings; closing it deletes your personal data as set out in our Privacy Policy.

14. Changes to the Terms

We may update these Terms to reflect changes in the law or in the Service. We will notify you of significant changes by email or within the platform at least 14 days before they take effect. Using the Service after the update means you accept the new Terms.

15. Governing law and jurisdiction

These Terms are governed by Italian law. For any dispute, without prejudice to mandatory consumer rights, the Court of Milan, Italy, has exclusive jurisdiction.

16. Contact

For questions about these Terms, write to [email protected].