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Elai.io
Elai.io
 
Risk Overview
Moderate Risk
4.7
/10
Video Generation
·
Avatar Generation
·
Top Risks

Extremely aggressive mandatory arbitration with non-severable class action waiver and $100 liability cap; irrevocable broad license on User Content including biometric voice/likeness data for custom avatars; no explicit prohibition on using avatar data for model training; processes biometric data (voice cloning, avatar likeness).

Mitigations

Opt out of arbitration clause within 30 days of first use (written notice required); carefully review what data is uploaded as custom avatar/voice content; use enterprise agreement for stronger data protection terms; leverage SOC 2 certification for security assurance.

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Highest Risk Categories

The highest-scoring risk categories identified in this assessment.

Legal Terms

Mandatory binding arbitration for US users — AAA Consumer Rules. Class action waiver explicitly stated and declared non-severable (if waiver fails, arbitration fails — extremely aggressive). Liability cap: greater of $100 or 12-month fees — very low cap. Delaware law governs. Opt-out within 30 days of first use only. One-year statute of limitations. Very aggressive arbitration terms.
8
/10

Training Use

ToS grants Elai a broad irrevocable license to User Content 'for the sole purpose of including your User Content on the Website or Services.' No explicit prohibition on using avatar/voice content for model training. Custom avatar and voice cloning features process biometric data (likeness, voice). No explicit opt-out for training use found in public ToS.
5
/10

Output/IP Ownership

Users grant irrevocable, worldwide, royalty-free license for User Content including custom avatar likeness and voice data. Users waive moral rights. Elai owns all platform IP. Feedback irrevocably assigned to Elai. The broad license scope applied to biometric content (voice, likeness) for avatars is particularly concerning — unclear if avatar data could be used beyond service delivery.
5
/10

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Updated July 2026 • AI-assisted research • Reviewed by Verax • Report an issue

Reference Documentation

Official documentation and policies referenced as part of this assessment.