Meta Avatars Terms of Service
Last updated: 29 October 2025
Subject to these Meta Avatars Terms of Service (these "Avatars Terms"), Meta may offer you ("you," "your") the opportunity on Meta's platforms to (1) access certain software tools ("Avatar Tools") that can be used by you to assemble or generate digital representations of your virtual self for self-expression (each, a "Meta Avatar") and digital clothing, accessories or assets for your Meta Avatar ("Generated Avatar Items" and together with Meta Avatars, "Generated Content") and (2) acquire the right to access and use certain digital clothing, accessories and other items distributed by Meta or its licensors ("Licensed Avatar Items") (Generated Avatar Items and Licensed Avatar Items are collectively referred to herein as "Avatar Items").
Our provision of services related to Meta Avatars, Avatar Items, Avatar Tools (each as defined herein) and any related experiences and services as further described herein are collectively referred to as the "Avatars Services". The Avatars Services and your access to and use thereof are governed by these Avatars Terms. These Avatars Terms constitute an agreement between you and Meta Platforms Technologies Ireland Ltd., located at Merrion Road, Dublin 4, D04 X2K5, Ireland, ("Meta", "us", "we" or "our"), so please review these Avatars Terms carefully.
In addition to these Avatars Terms, the Meta Terms of Service, the Supplemental Meta Platforms Technologies Terms of Service (the "MPT Terms"), the Instagram Terms of Use, the Community Payment Terms, the Facebook Community Standards, the Instagram Community Guidelines, the Meta Horizon Digital Items Terms, the Meta Credits Terms and any other Meta terms, policies or guidelines that are applicable to you (collectively, and each as may be updated by Meta from time to time, the "Additional Terms") apply to your use of (including access to) Meta Avatars and other Avatars Services. You may also be able to access and use third-party software and services (collectively, "Third-party Services") in connection with your use of the Avatars Services. You acknowledge that such use may be subject to additional terms, conditions, fees and policies imposed by the provider of the applicable Third-party Service (collectively, "Third-party Terms"). You are responsible for complying with any applicable Third-party Terms and you agree to review any applicable Third-party Terms prior to using any Third-party Services.
The Meta Privacy Policy, Supplemental Meta Platforms Technologies Privacy Policy, AutoGen Help Page, Instant Avatars Help Page and GenAI Privacy Notice (each as may be updated by Meta from time to time) explain how we collect, use and share your personal information in connection with the Avatars Services (consistent with your privacy and application settings). Meta Avatars are public content as defined in the Meta Privacy Policy and Supplemental Meta Platforms Technologies Privacy Policy. Your Meta Avatar may be viewed by, interacted with and shared by other users across Meta Company Products. If you are a parent or guardian of a child between the ages of 10 and 12 (or 13, depending on your jurisdiction) and you wish to grant your child access to the Avatars Services via a Meta account, please also review the Parent Privacy Disclosure.
BY USING THE AVATARS SERVICES, YOU AFFIRM EITHER (1) THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO THESE AVATARS TERMS; OR (2) IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE AVATARS TERMS. IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, YOU MAY ONLY USE THE AVATARS SERVICES WITH THE PERMISSION AND UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES BOTH TO BE BOUND BY THESE AVATARS TERMS AND TO BIND YOU TO THESE TERMS.
Notwithstanding the foregoing, certain minimum age restrictions do apply to the Avatars Services depending on the specific Meta Company Product (as defined here) through which you are accessing the Avatars Services; such minimum age restrictions are as set forth in the applicable Additional Terms.
Updates. We may update these Avatars Terms from time to time by notifying you of the updated Avatars Terms and of the date that the updated Avatars Terms enter into force via email, in-app, on-site notification or other means. We may do so for one or more of the following reasons: (a) to improve the language of the Avatars Terms; (b) to comply with legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment; (c) to provide you with additional information about the Avatar Services; (d) where we make changes to the Avatars Services as per Section 5 below; (e) where we reorganise the way we conduct our business; (f) for security reasons, including where we introduce additional security checks or update software to protect the Avatars Services; or (f) for any other reason. Any changes to these Avatars Terms will not apply to any dispute between you and us arising prior to the date on which the updated Avatars Terms incorporating such changes entered into force. Your use of the Avatars Services, including any Meta Avatar, following the entry into force of the updated Avatars Terms will constitute your acceptance of such changes. The "Last updated" legend above indicates when these Avatars Terms were last changed.
Accounts.
Controlling and Connected Accounts. You must have an active, personal Facebook, Instagram, Meta or other Meta-supported account in order to access and use the Avatars Services. The account that is first used to generate or assemble Generated Content or to acquire a Licensed Avatar Item is referred to as the "Controlling Account" for such Generated Content or Licensed Avatar Item, as applicable. In order to access or use such Generated Content or Licensed Avatar Item on any additional account, you must connect the additional account to the Controlling Account (each additional account once connected, a "Connected Account"). If you delete a Controlling Account or such Controlling Account is otherwise suspended or disabled, any Avatar Items generated or acquired with such Controlling Account will be deleted and will no longer be accessible via any Connected Account(s).
Business accounts. Business accounts may be permitted by Meta to acquire, at no charge, certain Licensed Avatar Items designated by Meta for such accounts and made available by Meta in the Avatars Services. Licensed Avatar Items acquired in connection with a personal Controlling Account may not be accessed or used in connection with any business account. You acknowledge that if you convert your personal account to a business account, any Licensed Avatar Items associated with your personal account may no longer be accessible.
Generated Content.
Avatar Tools.
As part of the Avatars Services, Meta offers you access to Avatar Tools that can be used to assemble or generate a Meta Avatar or Generated Avatar Items. For example, Avatar Tools may include (A) tools that allow you to assemble a Meta Avatar by selecting from a collection of pre-determined attributes made available by Meta; (B) tools that enable us to create a Meta Avatar for you based on a selfie video recording or photo of yourself submitted by you (e.g. AutoGen) or based on one or more of your public profile photos on Meta Company Products (e.g. Instant Avatars); and (C) tools that enable us to create Generated Avatar Items based on text prompts or descriptions submitted by you. Certain Avatars Services, including certain Avatar Tools, may not be available in all locations.
If, in connection with your use of the Avatar Tools, you provide us with access to or otherwise make available to us, any images, videos or other content, including any selfie video recordings or photos or any profile photos ("User Content"), you hereby grant to Meta a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, worldwide licence to reproduce by any means, adapt and process for compatibility purposes in relation to the Avatars Services, create derivative works based upon, perform and display (publicly or otherwise) and otherwise make available on Meta Company Products (as defined here, Meta Company Products include Instagram, Facebook, Messenger and Horizon OS) such User Content and your image, likeness and other personal characteristics as captured or reflected therein (your "Persona") in connection with Generated Content and the Avatars Services, for the purposes of providing and promoting the Avatar Services (consistent with your privacy and application settings). This licence will end when your User Content is deleted from our systems.
You hereby acknowledge and agree that, even if a Meta Avatar is generated from your User Content, such Meta Avatar may nevertheless have similarities to other Avatars and that Meta has no responsibility or liability for any similarities between or among Avatars, and that you will not object to, and will have no right to prevent, other Avatars Services users from having such Avatars. Further, you hereby acknowledge that any Meta Avatar generated from your User Content will not, and is not intended to, reflect your Persona.
You hereby acknowledge and agree that (A) there are a finite number of assets and features used to create Avatars and Generated Avatar Items and, as a result, other users of the Avatars Services may create or generate a Meta Avatar or Generated Avatar Item with an identical or similar combination of assets and features as those used by you for your Meta Avatar or Generated Avatar Items, and (B) you will not object to, and have no right to prevent, other Avatars Services users from having such Meta Avatars or Generated Avatar Items.
Licence to Generated Content. Subject to these Avatars Terms, and solely for so long as you are permitted by Meta to use the Avatars Services, by assembling or generating a Meta Avatar or Generated Avatar Items using an Avatar Tool, Meta grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Meta Avatar or Generated Avatar Items solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below).
Licensed Avatar Items.
Licensed Avatar Items Listings. In certain instances, we may make available listings, descriptions and images of Licensed Avatar Items, or related discounts. The availability of any listing, description or image of a Licensed Avatar Item does not imply our endorsement of, or affiliation with, any third-party licensor(s) associated with such Licensed Avatar Item. Such information and the availability of any Licensed Avatar Item are subject to change at any time without notice, with the conditions applicable to an acquisition being those displayed at the time that you place your order. The colours of Avatar Items may vary depending on the device on which you are viewing such items, and we cannot guarantee that a device will accurately display such colours.
Licensed Avatar Items. All Licensed Avatar Items are licensed, not sold, to you under these Avatars Terms and references to "sale" or "purchase" relate solely to acquiring a licence to access and use a Licensed Avatar Item. Subject to these Avatars Terms and the Additional Terms, and solely for so long as you are permitted by Meta to use the Avatars Services, by completing an acquisition of a Licensed Avatar Item, you receive from Meta a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Licensed Avatar Item that is the subject of such acquisition, solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below).
You acknowledge that Licensed Avatar Items acquired by you may not be unique, and that we may make available identical or similar Licensed Avatar Items to other users of the Avatars Services.
Certain Licensed Avatar Items may only be accessed and used for a limited period of time or a limited number of times. If you acquire such a Licensed Avatar Item, it will be removed from your inventory or otherwise become unavailable to you after such period has elapsed or the total number of uses has been reached, as applicable.
Third-party Content. Licensed Avatar Items may be created in whole or in part by a third party, or may otherwise incorporate content owned by a third party, including third-party logos, brands or designs (collectively, "Third-party Content"). You acknowledge and agree that you have no right to use such Third-party Content in any way except as incorporated into a Licensed Avatar Item and in accordance with these Avatars Terms, the Additional Terms and any applicable Third-party Terms.
Modifications. Meta may from time to time, for a valid reason, update, upgrade, modify, alter, suspend, remove or discontinue the provision of, change, supplement, impose additional restrictions or limits on the Avatars Services. Valid reasons include, but are not limited to: (a) if the change is solely for your benefit; (b) improvement of the Avatar Tools, the Generated Content or the Licensed Avatars Items (such as offering new features, items or options to personalise, use or share a Meta Avatar, including on new platforms, websites or environments) or improvement of the ways in which we make available the Avatars Services; (c) if the change is necessary to perform temporary maintenance, fix bugs, implement technical adjustments or make improvements such as adapting the Avatars Services to a new technical environment or transferring Avatars Services to a new hosting platform; (d) changes that are necessary due to an increased or decreased number of users; (e) changes necessary due to intellectual property infringements or alleged intellectual property infringements; (f) if the change is necessary to alter the structure, design or layout of Avatars Services, including changing the name of the Service or re-branding; (g) changes in licences Meta holds from third parties or other third-party compliance requirements; (h) termination of agreements we have with third-parties for whatever reason; (i) discontinuance of the supply, by a third party, of a service or feature which is part or interconnected with the Avatar Tools, the Generated Content or the Avatar Items; (j) changes necessary for security reasons; (k) changes necessary for anti-piracy reasons; (l) changes necessary to ensure compliance with applicable laws and/or reflect changes in the relevant laws and regulatory requirements; (m) changes necessary to adapt or modify the Avatars Services in connection with a reorganisation of the way in which we operate or make available our business, including merging with another brand or service, or expanding, reducing or discontinuing some of our business activities or services, including the Avatars Services; and (l) other material, legal, regulatory or security reasons.
Statutory Warranty Rights. Your statutory warranty rights apply. If you are a consumer in France, then you benefit under French law from a legal guarantee of conformity and a legal guarantee for hidden defects in the Avatar Tools, the Generated Content and the Licensed Avatar Items – see Section 18 for more details.
Ownership. You acknowledge and agree that, as between you and Meta, Meta and/or its third-party licensors own, and will retain all right, title and interest in and to, the Avatars Services, including any and all Meta Avatars, Avatar Items and Avatar Tools.
To the extent that you have or obtain any right, title or interest in or to the Avatars Services, including any Meta Avatar, Avatar Items or Avatar Tools (the "User Creation"), you hereby assign to Meta all such right, title and interest, including any intellectual property rights therein, for the entire world and for the whole duration of the intellectual property rights pertaining to the User Creation. This assignment includes the right to reproduce by any means, the right to modify for compatibility purposes in relation to the Avatars Services, to create derivative works from the User Creation and the right to perform and/or publicly display all or part of the User Creation or the derivative works based on the User Creation on the Avatars Services (including on Facebook, Instagram and WhatsApp) and on any Meta platforms, for the purposes of providing and promoting the Avatar Services for the entire duration of the relevant intellectual property rights.
If, for any reason, the above assignment of rights is ineffective, you hereby grant to Meta a non-exclusive, transferable, sub-licensable (through multiple tiers), worldwide licence to reproduce, distribute, modify, create derivative works based upon, perform and display (publicly or otherwise), on the Avatars Services, on Meta platforms and otherwise use any rights that you may have in or to the Avatars Services, including any Meta Avatar, Avatar Items and Avatar Tools, for the purposes of providing and promoting the Avatars Services.
Restrictions. In connection with the Avatars Services, you must not: (a) reverse engineer, decompile or disassemble, or otherwise attempt to discover the object code, source code or underlying algorithms relating to the Avatars Services or any portion thereof (including any Meta Avatar or Avatar Item), except where such restriction is expressly prohibited by applicable law; (b) modify, translate or create derivative works based on the Avatars Services or any portion thereof, including any Meta Avatar; or (c) remove or alter any copyright, trademark or other proprietary rights notice from the Avatars Services or any portion thereof.
Community Standards. You represent and warrant that you: (a) will neither submit, nor attempt to submit, to the Avatars Services any User Content featuring any individual other than yourself; (b) are the only individual whose Persona is featured in any User Content submitted by you to the Avatars Services; (c) in connection with your User Content or any Generated Content, will not impersonate or seek to impersonate any individual or entity, adopt the Persona of another individual or otherwise engage in any misleading, deceptive or fraudulent conduct; (d) will not use the Avatars Services, including any Meta Avatar, to produce, share or otherwise make available any content or engage in any behaviour that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libellous, vulgar, lewd, racist, sexist, homophobic, invasive of another's privacy, right of publicity or other proprietary rights, or that otherwise violates the Community Standards; (e) will neither transfer, sell, gift, exchange, share, trade, lease, sublicense or rent any Generated Content to any third party, nor attempt to do or encourage others to do any of the foregoing; or (f) will not otherwise violate applicable law.
Personal Use; Limited Commercial Use.
Personal Use. Except as expressly permitted under the "Limited Commercial Use" section or as otherwise authorised by us in writing: (i) you may only use the Avatars Services (including any Meta Avatar, Avatar Items or Avatar Tools) for your personal, non-commercial use; and (ii) you shall not, and shall not permit any third party to (A) access or use the Avatars Services for any commercial purpose or resale, and (B) generate or receive any income or other consideration from or in connection with any use of the Avatars Services, including any use in connection with any Third-party Services.
Limited Commercial Use. As a limited exception to the foregoing and as indicated to you from time to time, you may use your Meta Avatar and any Avatar Items for commercial, business and other non-personal purposes only in connection with (i) certain Meta Company Products, and only as so designated by Meta in connection with such Meta Company Products; and (ii) certain Third-party Services that permit such use (but subject to any limitations imposed by the applicable providers of such Third-party Services and by Meta in connection with the applicable Meta Company Products through which such Third-party Services are made available) ("commercial use"). Notwithstanding the foregoing, any commercial use shall (A) comply with these Avatars Terms, the Additional Terms and any applicable Third-party Terms; (B) comply with all applicable laws, including applicable government or administration regulations or guidelines concerning endorsements, advertising, use of influencers and promotions; (C) be neither derogatory to Meta nor damage the reputation of Meta or any of its products or brands; (D) neither suggest nor imply any form of association, approval or endorsement by Meta or any third party where none exists; and (E) not include any falsehoods or misrepresentations about Meta or any third parties.
Without limiting the generality of the foregoing, you represent and warrant that, in connection with any commercial use, you have reviewed and will comply with any disclosure obligations; and any endorsement, advertising or promotion in connection with the commercial use will reflect your honest opinions, beliefs and/or experiences, and will not be false, deceptive or misleading.
To the extent that the commercial use relates to branded content (as defined in the Branded Content Policies), such content is governed by the Branded Content Policies as if it were posted using the branded content tool.
If you have violated any of the restrictions set forth in this subsection (b), or if we receive objections from others regarding any commercial use by you, we may, with immediate effect and without notice to you, revoke your permission for you to make commercial use of your Avatar and/or Avatar Items, or may suspend or terminate (in our discretion) your right to use the Avatars Services and/or any Meta Avatar or Avatar Item. Following any such suspension or termination, any subsequent ability to use the Avatars Services (or any portion thereof) will be at Meta's sole discretion. If you wish to object to any revocation, suspension or termination, details of our complaint handling procedures are located here.
Termination. These Avatars Terms are effective until terminated by either you or us.
If you materially or repeatedly fail to comply with these Avatar Terms you shall immediately cease using the Avatars Services, including any Generated Content or Licensed Avatar Items, and any licence to any Generated Content or Licensed Avatar Items granted to you will terminate automatically. In addition to any termination or suspension rights set forth in the Additional Terms, we may terminate or suspend your access to the Avatars Services or to any specific Generated Content or Licensed Avatar Items on any or all relevant Meta Company Products if you have violated any of the restrictions set forth in Section 10 of these Avatars Terms or have otherwise materially or repeatedly failed to comply with these Avatars Terms. We may exercise the foregoing termination or suspension right at any time and without prior notice to you based on your material and/or wilful violation of these Avatars Terms of the Additional Terms or if Meta determines in good faith that your violation or other act or omission may cause Meta or another person legal liability, could compromise an investigation or the operation of any Meta products, services or systems, could cause harm to our users or would otherwise be in breach or violation of applicable law, court order or subpoena, or the direction of a legal enforcement authority. If you believe that a termination or suspension decision is unjustified or wish to provide additional information that you feel should be taken into account, details regarding our complaint handling procedures can be found here.
Upon any termination of these Avatars Terms by you or us, or upon any suspension of these Avatars Terms by us, your right to use the Avatars Services will immediately cease. [Sections 3 (except 3.b), 4 (except 4.a), 5, 6, 7, 8, 9 and 11-18] of these Avatars Terms will survive any termination of the Avatars Services and/or these Avatars Terms.
Feedback. If you submit to us any comments, questions, suggestions, use cases (whether actual or proposed), problems, issues, ideas, results or other feedback relating to your use of the Avatars Services ("Feedback"), we and our designees may freely use and otherwise exploit, reproduce, modify, create derivative works or publicly display on our websites, apps and services such Feedback in connection with any of our products or services or those of any of our affiliates or business partners, without obligation or compensation to you. You hereby assign to Meta all rights, titles and interest in and to any Feedback, without any right to compensation from Meta, and nothing in these Avatars Terms or in the parties' dealings arising out of or related to these Avatars Terms or the Avatars Services will restrict Meta's right to use, profit from, disclose, publish, keep secret or otherwise exploit any Feedback, without compensating or crediting you, the individual employee or other authorised personnel providing such Feedback. Notwithstanding the foregoing, you agree not to submit to Meta any Feedback that you deem to be confidential, proprietary to you or otherwise protected by authors' rights.
Disclaimers. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR: (A) ANY USER CONTENT, THIRD-PARTY CONTENT OR OTHER CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY CREATES, POSTS, SENDS, RECEIVES OR STORES ON OR THROUGH THE AVATARS SERVICES, AS LONG AS WE HAVE NOT BEEN MADE AWARE OF SUCH CONTENT OR, IF MADE AWARE OF IT, HAVE EXPEDITIOUSLY REMOVED OR DISABLED ACCESS TO THE ILLEGAL CONTENT; (B) THE OPERATION OR COMPATIBILITY OF THE AVATARS SERVICES, INCLUDING ANY META AVATAR OR AVATAR ITEMS (INCLUDING THIRD-PARTY CONTENT), WITH ANY APPLICATION OR SERVICE OTHER THAN INSTAGRAM, FACEBOOK, MESSENGER OR ANY PARTICULAR SYSTEM OR DEVICE WHICH WE HAVE IDENTIFIED AS NON-COMPATIBLE WITH THE AVATARS SERVICES; AND (C) ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES. WE DO NOT COMMIT TO ANY MINIMUM LEVEL OF SERVICE QUALITY.
META ASSUMES NO OBLIGATIONS OR LIABILITY WITH RESPECT TO ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICE WHICH IS NOT PROVIDED ON THE AVATARS SERVICES OR WHICH, IF PROVIDED ON THE AVATARS SERVICES, IS NOT BROUGHT TO META'S ATTENTION OR THAT META HAS EXPEDITIOUSLY REMOVED AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES.
We do not control or direct what Avatars Services users and other third parties do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
NOTHING IN THESE TERMS SEEKS TO EXCLUDE OUR LIABILITY FOR BREACH OF OUR CONTRACTUAL OR LEGAL OBLIGATIONS OR TO EXCLUDE, CAP OR MODIFY OUR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Liability. We are not liable for any failure to comply with these Avatars Terms when such a failure is due to a force majeure event. Our liability is limited to direct damages and to damages that were foreseen or foreseeable at the time when you and we entered into these Avatars Terms, except in case of gross negligence or wilful misconduct on our part. However, nothing in these Avatars Terms limits any entity's liability for death or personal injury caused by its negligence, for fraud or for any matter where liability cannot as a matter of law be limited.
Alternative Dispute Resolution.
In the event that you have a dispute with us that arises out of or is connected to these Avatars Terms, you may contact us at https://www.meta.com/help/ and we will endeavour to resolve this dispute. Before resorting to submitting a formal claim, if you are not happy with how we have handled the dispute, you may want to resort to an alternative dispute resolution. An alternative dispute resolution procedure is offered by the European Commission to citizens of EU and EEA member states through the platform for Online Dispute Resolution available at the following address: http://ec.europa.eu/consumers/odr. If you are not satisfied with the outcome of this procedure, you can still bring ordinary legal proceedings.
Each country will have its respective body and mechanisms for an alternative dispute resolution, the following are listed for their respective residents:
- Denmark – any claim under Danish law may be brought before the Danish Consumer Complaints Board or the Danish Centre for Complaints Resolution, which can be accessed here: Center for Klageløsning og Forbrugerklagenævnet (naevneneshus.dk");
- Iceland – the complaint mechanism Kærunefnd vöru- og þjónustukaupa is accessible via the website https://kvth.is/#/.
- Norway – any claim under Norwegian law may be brought before the Norwegian Consumer Agency at the following addresses: Postboks 2862 Kjørbekk, 3702 Skien, Norway and www.forbrukertilsynet.no.
Unless you are habitually resident in France (or another territory where this is mandatory under local law), Meta is not committed nor obliged to use alternative dispute resolution to resolve disputes with you and we do not use the European Commission's Online Dispute Resolution platform to resolve any complaints.
Notwithstanding the above, nothing in these Terms will prevent you from making a complaint to the competent authorities in your country of residence and, if the law allows, they can seek relief against us for you.
Governing Law and Dispute Resolution. These Avatars Terms will be governed by the laws of your country of residence and such laws will apply to any claim, cause of action or dispute arising out of or in connection with these Avatars Terms or the Avatars Services ("Dispute") and you may resolve your Dispute in any competent court of your country of residence.
Miscellaneous.
Assignment. You may not assign these Avatars Terms or any of the rights granted hereunder without the prior written consent of Meta, and any attempted assignment without such consent shall be void. Subject to the foregoing, these Avatars Terms will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. You agree that all of our rights and obligations under these Avatars Terms are freely assignable by us, including, without limitation, in connection with a merger, acquisition or sale of assets, or by operation of law.
Severability. If any provision of these Avatars Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Avatars Terms and will not affect the validity and enforceability of any remaining provisions.
No Third-party Beneficiaries. These Avatars Terms do not confer any third-party beneficiary rights.
Entire agreement. These Avatars Terms and the Additional Terms (and any agreements incorporated by reference therein) make up the entire agreement between you and Meta related to the subject matter hereof, and supersede any and all prior and contemporaneous written or oral agreements or understandings between you and Meta relating to such subject matter.
Provisions for Users in France.
As a consumer in France, you benefit from a legal guarantee of conformity and a legal guarantee for hidden defects on the Avatar Tools, the Generated Content and the Licensed Avatar Items. In the below guarantee clause, "trader" refers to Meta and "consumer" refers to you.
Legal guarantee of conformity
You have the right to enforce the legal guarantee of conformity in the event of the appearance of a lack of conformity during the entire licence term. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the licence term.
The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his/her request, free of charge and without major inconvenience to him/her.
The consumer may obtain a price reduction by keeping the digital content or service, or a rescission of the contract with a full refund in exchange for the waiver of the digital content or service, if:
1° The trader refuses to bring the digital content or service into conformity;
2° The conformity of the digital content or service is unjustifiably delayed;
3° The digital content or service may not be brought into conformity without cost to the consumer;
4° The conformity of the digital content or service causes major inconvenience to the consumer;
5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. The consumer is then not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer has the right to rescind the contract only if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or service in order to bring it into conformity shall suspend the remaining guarantee period until the digital content or service is supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300 000, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).
Legal guarantee for hidden defects
The consumer also benefits from the legal guarantee for hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is kept or to a full refund in exchange for the waiver of the digital content or service.