1. Agreement to these Terms
These Terms and Conditions (the "Terms") form a legally binding agreement between you ("you", "User") and Deepacal ("Deepacal", "we", "us", "our"), the operator of deepacal.com, the Deepacal web application, the Deepacal Windows desktop application, the Deepacal progressive web app and all related APIs, features and services (together, the "Services").
By creating an account, purchasing credits, uploading content, or otherwise accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms and by every policy incorporated into them by reference, including the Privacy Policy, Acceptable Use Policy, AI Content & Responsible Use Policy, Payment & Billing Policy, Refund & Cancellation Policy, Subscription & Credits Policy, User Content Policy, Face Upload & Biometric Consent Policy, Recording & Media Usage Policy, Anti-Fraud Policy, Anti-Impersonation Policy and all other documents published in the Deepacal Legal Center.
If you do not agree to these Terms, you must not access or use the Services.
2. Eligibility and age requirement
You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to use the Services. The Services are not directed to children and we do not knowingly permit minors to register, upload biometric material or purchase credits.
You must not use the Services if you are the subject of applicable sanctions, are located in a comprehensively sanctioned territory, or have previously been suspended or terminated by Deepacal.
- You represent that all registration information, including your email address, country and WhatsApp number, is accurate, current and belongs to you.
- You represent that you have the legal capacity to enter into a binding contract.
- You represent that your use of the Services is lawful in the jurisdiction from which you access them.
3. Accounts, authentication and security
You are responsible for all activity that occurs under your account, whether or not authorised by you. You must keep your password, one-time codes, authenticator seeds and recovery details confidential and must notify us immediately at support@deepacal.com if you suspect unauthorised access.
Deepacal offers two-factor authentication (authenticator app and email one-time codes) and may require it for certain accounts or actions. Administrator accounts and privileged operations require additional verification and are recorded in an immutable audit log.
Accounts are personal. You may not sell, rent, share, transfer or allow any third party to use your account or credits. Multi-accounting to obtain bonus credits, activation benefits, promotional pricing or to evade a suspension is a material breach of these Terms.
4. Description of the Services
Deepacal is an AI production platform. Depending on the features enabled for your account, the Services may include:
- Live — real-time AI face swapping on your webcam stream, with optional recording, theatre mode, OBS/NDI output and downloadable WebM or MP4 exports.
- Studio — AI avatar video generation, multi-scene projects, templates, batch generation, scheduling, marketplace avatars, instant and photo avatars, voice cloning and AI voiceovers.
- Lip-Sync & Translation — synchronising speech to uploaded video and translating spoken content into other languages.
- Photo Swap and Photo Edit — AI face swapping between images and natural-language AI photo editing.
- Character Swap — replacing characters in video with generated performances and synthetic speech.
- AI Scriptwriter — generating scripts and copy for avatar and short-form video.
- Library — storage of your recordings, generated media and saved faces, with signed, time-limited access links.
- Numbers — virtual phone numbers for SMS verification, rentals and related telecom services supplied through third-party providers.
- Billing — pay-as-you-go credits, credit packs, one-time Live activation and payment processing through third-party payment providers.
5. Credits, activation and pricing
The Services are pay-as-you-go. Credits are a prepaid, limited, revocable licence to consume computing and third-party provider capacity on the Services. Credits are not money, not a deposit, not e-money, not a security and not a stored-value instrument, carry no cash value, earn no interest and are not transferable or redeemable for cash.
Feature pricing (for example, credits per second of Live, per generated video, per photo operation, or per verification or rental) is displayed in the application and may be changed prospectively at our discretion. Certain features may require a one-time activation payment set by Deepacal from time to time, which may include bonus credits.
Full detail is set out in the Subscription & Credits Policy, the Payment & Billing Policy and the Refund & Cancellation Policy, each of which forms part of these Terms.
6. Your content and the licence you grant us
You retain ownership of the photographs, videos, audio, scripts, faces and other material you upload or generate ("User Content"). You grant Deepacal a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, transcode, cache, adapt and process User Content strictly to operate, secure, troubleshoot and improve the Services, to transmit it to the third-party AI and telecom providers required to fulfil your request, and to comply with law.
This licence ends when you delete the relevant content or your account, except for copies retained in backups, transaction records, safety logs or where retention is required by law, as described in the Data Retention & Deletion Policy.
We do not use your uploaded faces or generated media to train Deepacal's own foundation models without your explicit, separate, opt-in consent.
7. Warranties you give us
Each time you upload, generate, export or share content using the Services, you represent and warrant that:
- You are the person depicted, or you hold documented, informed, written consent from every identifiable person whose face, likeness, body or voice appears in the content, including consent to biometric processing where applicable.
- You own or hold all rights, licences and clearances necessary for the source material, including copyright, trade mark, performers' rights, publicity rights and music rights.
- The content is not, and will not be used to create, sexual content involving real identifiable people without consent, any content sexualising minors, non-consensual intimate imagery, or material that incites violence or hatred.
- The content will not be used to impersonate any person or entity for fraud, deception, election interference, financial manipulation, KYC circumvention or the creation of false evidence.
- Your use complies with all applicable laws, including biometric, data protection, telecommunications, consumer, sanctions and anti-money-laundering laws.
8. Prohibited conduct
The Acceptable Use Policy sets out prohibited conduct in full and is incorporated here. In summary, you must not use the Services to commit fraud or identity theft, impersonate others, deceive verification or KYC systems, create non-consensual or sexual deepfakes, harass or defame, infringe intellectual property, circumvent credits, rate limits or feature gates, reverse engineer or scrape the Services, resell access without written authorisation, or transmit malware.
We may investigate, restrict, suspend, refuse service, remove content, withhold or reverse credits and report unlawful activity to competent authorities without prior notice where necessary to prevent harm.
9. Third-party providers
The Services depend on independent third-party providers for AI inference, avatar generation, speech synthesis, translation, telephony and payments. Their availability, models, pricing, output quality and policies are outside our control and may change or be withdrawn.
Your use of features powered by those providers is additionally subject to their terms. Deepacal is not liable for the acts, omissions, outages, model behaviour or content moderation decisions of third-party providers. A current list is maintained in the Subprocessors & Third-Party Providers Notice.
10. Intellectual property in the Services
Deepacal, the Deepacal name, logo, interface, source code, designs, prompts, workflows, documentation and all related intellectual property are owned by Deepacal or its licensors and are protected by copyright, trade mark and other laws. Nothing in these Terms transfers any ownership to you.
Subject to your compliance with these Terms and payment of all applicable amounts, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own lawful purposes.
11. AI output — no guarantee of accuracy or exclusivity
AI output is probabilistic. It may be inaccurate, distorted, unflattering, offensive, biased, non-deterministic or similar to output generated for other users. We do not warrant that any output is unique, fit for a particular purpose, error-free, or free of third-party rights.
You are solely responsible for reviewing output before publishing it and for any disclosure obligation that applies to synthetic media in your jurisdiction. See the AI-Generated Content Disclosure and the AI Content & Responsible Use Policy.
12. Service availability and changes
The Services are provided on an "as available" basis. We may modify, suspend, limit, gate behind feature flags, or discontinue any feature at any time, including during maintenance, provider incidents or security events. We may impose usage, rate, resolution, duration and storage limits.
We will use commercially reasonable efforts to give notice of material adverse changes to paid features, but we do not guarantee uninterrupted or error-free operation and we do not offer a service-level guarantee unless separately agreed in writing.
13. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPACAL, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, REPUTATION, DATA, CONTENT, RECORDINGS, OPPORTUNITY OR ANTICIPATED SAVINGS, HOWEVER CAUSED.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO DEEPACAL IN THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) USD 100.
We are not liable for loss caused by your own misuse of AI output, by third-party provider failure, by content you publish, by legal claims brought against you by persons depicted in your content, or by your failure to obtain consent or maintain backups of your exported media.
15. Indemnification
You agree to defend, indemnify and hold harmless Deepacal and its owners, officers, employees, contractors, licensors and suppliers from and against all claims, demands, investigations, proceedings, damages, penalties, losses, liabilities and costs (including reasonable legal fees) arising out of or related to: (a) your User Content and any output you generate, publish, sell or distribute; (b) your breach of these Terms or any incorporated policy; (c) your violation of any law or of any third party's rights, including privacy, publicity, biometric, data protection or intellectual property rights; (d) your use of virtual numbers or verification services; and (e) any chargeback, payment reversal or fraudulent transaction associated with your account.
16. Suspension and termination
We may suspend or terminate your account, revoke unused credits obtained abusively, and block access immediately where we reasonably suspect fraud, chargeback abuse, prohibited content, impersonation, sanction exposure, security risk, or any material breach. The Account Suspension & Termination Policy sets out grounds, notice and appeal rights.
You may close your account at any time from Account settings. Termination does not entitle you to a refund of consumed credits or of the activation fee, and does not affect accrued rights or obligations.
17. Chargebacks and payment disputes
If you believe a charge is incorrect, you must contact billing@deepacal.com before initiating a chargeback. Initiating a chargeback for services actually delivered constitutes a breach of these Terms and may result in immediate suspension, forfeiture of remaining credits, recovery of amounts owed and referral to collections or fraud databases.
18. Governing law and dispute resolution
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles. The courts sitting in Lagos, Nigeria have exclusive jurisdiction, subject to the following paragraph.
Before commencing proceedings, the parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after written notice to legal@deepacal.com. Any dispute not so resolved may, at Deepacal's election, be referred to final and binding arbitration under the Arbitration and Mediation Act of Nigeria, seated in Lagos, before a single arbitrator, in English.
To the maximum extent permitted by law, disputes will be resolved on an individual basis; class, collective and representative actions are waived. Nothing in this clause deprives a consumer of mandatory rights or of the right to bring proceedings in the courts of their country of habitual residence where local law so requires, nor prevents either party from seeking injunctive relief to protect intellectual property or prevent imminent harm.
19. Changes to these Terms
We may update these Terms. Material changes will be notified by email or in-app notice at least fourteen (14) days before they take effect, except where an immediate change is required for legal, security or provider reasons. Continued use after the effective date constitutes acceptance.
20. General
These Terms, together with all incorporated policies, are the entire agreement between the parties and supersede all prior understandings. If any provision is held unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries. Notices to us must be sent to legal@deepacal.com; notices to you may be sent to your registered email or shown in-app.