Avatar Consent & Usage Terms
IMPORTANT — PLEASE READ CAREFULLY. This document governs the creation, use, and ownership of AI-generated digital avatars derived from video footage of a real individual. It constitutes a legally binding agreement between the Client and ZeroNext BV.
1. Purpose and Scope
These Avatar Consent and Usage Terms (“Avatar Terms”) govern the provision of ZeroNext’s Custom Avatar Creation service, under which ZeroNext creates a digital AI avatar (“Avatar”) based on video footage of a natural person (“Avatar Subject”).
These Avatar Terms form a binding agreement between ZeroNext BV (“ZeroNext”) and the Client, and supplement ZeroNext’s General Terms and Conditions and Privacy Policy.
The Avatar Subject may be the Client themselves, an employee, contractor, or authorized representative of the Client, or a third party for whom the Client has obtained the necessary consents and authorizations as set out in these Avatar Terms.
No work shall commence on the creation of any Avatar until ZeroNext has received a signed copy of these Avatar Terms and the completed Consent Form annexed hereto (Annex A), or a documented equivalent consent record.
2. Definitions
3. Consent Requirements
A valid Avatar may only be created with the explicit, freely given, specific, informed, and unambiguous written consent of the Avatar Subject, as required by Article 9(2)(a) GDPR and applicable laws governing biometric data processing.
The Client warrants and represents that:
- ›The Avatar Subject has been clearly informed of the nature of the Avatar creation process and how the Avatar will be used.
- ›The Avatar Subject has provided their informed, written consent to the processing of their Biometric Data for Avatar creation.
- ›The Avatar Subject's consent was given freely, without undue pressure, coercion, or inducement.
- ›The Avatar Subject is at least eighteen (18) years of age.
- ›Where the Avatar Subject is an employee of the Client, the consent was not made a condition of employment.
The Client must submit a completed Consent Form (Annex A) for each Avatar Subject prior to commencement of Avatar production. ZeroNext reserves the right to withhold commencement of Avatar production until satisfactory consent documentation has been received and verified.
The Client shall retain original consent records for a minimum of five (5) years and make them available to ZeroNext or relevant regulatory authorities upon request.
4. Source Video Requirements and Processing
The Avatar Subject must record and submit a Source Video meeting ZeroNext’s technical specifications, including:
- ›Minimum resolution and lighting requirements as specified in ZeroNext's production guidelines.
- ›Required duration and performance instructions as specified per project.
- ›A verbal consent statement by the Avatar Subject on camera, stating their name and confirming consent to the creation of an AI avatar.
Source Video constitutes Biometric Data under GDPR Article 4(14) and is processed by ZeroNext solely for the purpose of creating the Avatar. ZeroNext does not use Source Video for any other purpose.
Source Video is retained by ZeroNext only for the duration necessary to complete Avatar production, and is deleted thereafter unless a longer retention period is explicitly agreed in writing.
Source Video is never shared with third parties except where strictly necessary for production purposes (e.g., licensed AI model processing), and only with sub-processors bound by equivalent data protection obligations.
5. Intellectual Property and Avatar Ownership
Upon receipt of full payment, ZeroNext assigns to the Client all intellectual property rights in the completed Avatar to the extent permitted by applicable law, including the right to use, reproduce, and distribute the Avatar as specified in the Permitted Use.
The Avatar Subject retains all rights in their own likeness, voice, and identity. The assignment does not transfer any rights over the Avatar Subject’s underlying personality rights, image rights, or right of publicity.
ZeroNext retains all rights in: (a) the AI models, tools, and workflows used to generate the Avatar; (b) any generic production templates not specifically created for the Client; (c) the technical methodology of Avatar creation.
The Client may not sub-license, sell, transfer, or assign the Avatar or rights in the Avatar to any third party without the prior written consent of both ZeroNext and the Avatar Subject.
6. Permitted Uses
The Avatar may only be used for the specific purposes agreed between ZeroNext and the Client in the applicable project Agreement. Unless otherwise explicitly agreed in writing, permitted uses are limited to:
- ›Internal business communications, training, and onboarding content
- ›Client-facing product demonstrations, presentations, and explainer videos
- ›Marketing and promotional content on owned channels (website, social media, email)
- ›Sales presentations and pitch materials
- ›Platform-hosted interactive video funnels
Any use outside the agreed Permitted Use requires prior written approval from both ZeroNext and the Avatar Subject.
7. Prohibited Uses
The Client expressly warrants that the Avatar will not be used for any of the following purposes under any circumstances:
- ✕Creating Deepfakes or synthetic media in which the Avatar Subject appears to endorse, promote, or make statements they did not consent to
- ✕Defamatory, harassing, discriminatory, or otherwise harmful content
- ✕Illegal, fraudulent, deceptive, or misleading content
- ✕Adult, sexual, or explicit content of any kind
- ✕Political campaigns, party political broadcasting, or electoral materials
- ✕Content that violates the rights of any third party, including intellectual property rights, privacy rights, or personality rights
- ✕Any purpose that the Avatar Subject has specifically excluded in their Consent Form
- ✕Training or fine-tuning AI models of any kind
- ✕Distribution or sub-licensing to third parties for their independent use
Breach of any prohibited use clause constitutes a material breach of the Agreement and entitles ZeroNext to terminate immediately and seek injunctive relief and damages.
8. Disclosure and Transparency
The Client acknowledges that, where required by applicable law or platform policy, content featuring an AI avatar must be clearly identified as AI-generated. This includes compliance with any applicable AI labeling or disclosure requirements under EU or national law.
The Client is solely responsible for ensuring compliance with any applicable disclosure obligations in the jurisdictions in which Avatar content is distributed or displayed.
ZeroNext may include a discreet production credit in the metadata of delivered video files indicating AI production. The Client may request removal of such credit in writing, provided that applicable disclosure obligations are still met independently.
9. Withdrawal of Consent
The Avatar Subject may withdraw their consent to Avatar use at any time by submitting a written withdrawal notice to ZeroNext at privacy@zeronext.ai, with a copy to the Client.
Upon receipt of a valid consent withdrawal:
- ›ZeroNext will notify the Client promptly.
- ›The Client must immediately cease all use of the Avatar and delete all copies from its systems and platforms.
- ›ZeroNext will delete all Source Video and Biometric Data associated with the Avatar within ten (10) business days.
- ›The Client may retain the Avatar solely for the purpose of complying with legal obligations.
Withdrawal of consent does not render unlawful any Avatar use that was lawful prior to the withdrawal. ZeroNext is not responsible for Avatar content that has already been published or distributed prior to receipt of the withdrawal notice. Where consent is withdrawn by the Avatar Subject, the Client is not entitled to a refund of fees paid for Avatar production.
10. Representations and Warranties of the Client
The Client represents, warrants, and undertakes to ZeroNext as follows:
- ›The Client has the authority to enter into these Avatar Terms and to bind the Client organization.
- ›All Avatar Subjects are adults (18 years of age or older) who have provided valid, informed, and freely given consent.
- ›The Client has not misrepresented the intended use of the Avatar to the Avatar Subject when obtaining consent.
- ›The Client will not use the Avatar in any manner that violates the Avatar Subject's Consent Form, applicable law, or these Avatar Terms.
- ›The Client has appropriate legal authorization to commission Avatar creation for any Avatar Subject who is an employee, contractor, or third party.
11. Liability and Indemnification
The Client shall indemnify, defend, and hold harmless ZeroNext and its officers, directors, employees, and contractors from and against any and all claims, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising from:
- ›The Client's breach of these Avatar Terms
- ›The Client's use of the Avatar for any Prohibited Use
- ›Failure by the Client to obtain valid consent from the Avatar Subject
- ›Any claim by the Avatar Subject arising from the Client's use of the Avatar
- ›Any regulatory action or investigation arising from the Client's Avatar use
ZeroNext’s liability to the Client in connection with the Avatar creation service shall not exceed the total fees paid by the Client for the relevant Avatar, and shall in no event include liability for indirect, special, or consequential damages.
12. Governing Law and Dispute Resolution
These Avatar Terms are governed by and construed in accordance with the laws of the Kingdom of the Netherlands. Any disputes arising from these Avatar Terms shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands, in accordance with ZeroNext’s General Terms and Conditions.
Avatar Subject Consent Form
This Consent Form must be completed and signed by the Avatar Subject personally before any Avatar creation work commences. A copy must be provided to ZeroNext prior to production.
Declaration by Avatar Subject
I, the undersigned, confirm that:
- ›I am at least 18 years of age.
- ›I have read and understood the ZeroNext Avatar Consent and Usage Terms (Version 1.0).
- ›I freely and voluntarily consent to ZeroNext BV creating an AI-generated digital avatar based on video footage of my likeness and voice.
- ›I have been informed of the intended use of the Avatar as described in this Consent Form.
- ›I understand that I may withdraw my consent at any time by contacting ZeroNext at privacy@zeronext.ai.
- ›I understand that withdrawal of consent does not affect uses of the Avatar made prior to withdrawal.
- ›I confirm that this consent was not made a condition of my employment or any other agreement.
ZeroNext BV will retain a copy of this completed and signed form for a minimum of five (5) years. The Avatar Subject is entitled to receive a copy upon request.
Start with our Configurator to scope your avatar project, or contact us directly for a consultation.