Terms & Conditions

Welcome to KiVi AI. These Terms of Service ("Terms") govern your access to and use of the KiVi AI website, applications, APIs, and related products and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you do not agree to these Terms, you are strictly prohibited from using or accessing the Service.

2. Changes to Terms

KiVi AI may modify or replace these Terms at any time. For material changes that reduce your rights or materially alter the Service, we will provide at least 30 days' advance notice by email to your registered address and/or by prominent notice within the Service before the changes take effect. Your continued use of the Service, or your failure to cancel a subscription, after the effective date of any changes constitutes acceptance of those changes. If you do not agree to the updated Terms, you may cancel your account before they take effect.

3. Eligibility and Age Requirements

While the Service is designed to generate content for children (such as bedtime stories and animations), the Service itself is intended solely for use by adults. You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service.

Children may watch and enjoy content generated through the Service under adult supervision, but minors may not create accounts, submit prompts, or operate the Service. We do not knowingly permit children under 13 to create accounts. If we discover that an account was created by a minor, it will be immediately terminated.

4. Account Registration and Security

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account or any other breach of security.

5. User Generated Content & AI Output

5.1 Your Input. You retain all ownership rights in the text prompts, ideas, scripts, and other materials you input into the Service ("Input"). You grant KiVi AI a worldwide, non-exclusive, royalty-free license to host, store, and use your Input solely for the purpose of operating and improving the Service.

5.2 AI Output. Subject to your compliance with these Terms:

• Creator and Master plan subscribers: To the maximum extent permitted by applicable law, KiVi AI assigns to you all its right, title, and interest in and to the animated videos, audio, and visual content generated by the Service based on your Input ("Output"). You may use this Output for both personal and commercial purposes (e.g., YouTube monetization).
• Starter plan and free-tier users: Output is licensed to you for personal, non-commercial use only and may not be monetized, sold, or used in any commercial setting. Free-tier Output additionally carries a KiVi AI watermark.

Because generative AI output may be subject to limitations on copyrightability under the laws of some jurisdictions, we make no guarantee that Output is protected by copyright in every country; nothing in this Section restricts your right to use the Output to the extent permitted by law.

5.3 Responsibility. You are solely responsible for ensuring your Input and Output comply with applicable laws and do not infringe upon any third-party intellectual property rights.

6. Acceptable Use and Code of Conduct

You agree not to use the Service to:

• Generate, upload, or share content that is illegal, defamatory, harassing, abusive, or fraudulent.
• Generate explicit, sexually suggestive, or excessively violent content. Given our focus on children's content, maintaining a safe environment is paramount.
• Infringe upon the intellectual property, privacy, or other rights of any third party.
• Distribute malware, viruses, or any other harmful computer code.
• Attempt to reverse engineer, decompile, or hack the Service or its underlying AI models.
• Use automated scripts, bots, or scrapers to access or utilize the Service without explicit permission.

Violation of these rules may result in immediate account termination without refund and potential legal action.

7. Subscriptions, Payments, and Billing

All payments, subscriptions, credit purchases, and refund requests are governed by our Refund Policy, which is incorporated into these Terms by reference. In summary: subscriptions renew automatically until cancelled; you may cancel at any time from your account center, and cancellation takes effect at the end of the current billing cycle; unused monthly credits do not roll over. See Section 12 for full details.

8. Intellectual Property Rights

The Service, including its original content, features, functionality, software, design, and AI models, is owned by KiVi AI and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software.

If you believe content available through the Service infringes your copyright, you may submit a notice in accordance with our DMCA Policy, or contact our designated copyright agent at support@kivix.ai (subject line: "DMCA Notice").

9. Indemnification

You agree to defend, indemnify, and hold harmless KiVi AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your Input or Output, or (c) any use of the Service's content, services, and products other than as expressly authorized in these Terms.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. KiVi AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT GENERATED OUTPUT WILL MEET YOUR EXPECTATIONS OR BE FREE OF AI-RELATED ARTIFACTS OR INACCURACIES, OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES; YOU ARE RESPONSIBLE FOR REVIEWING OUTPUT BEFORE PUBLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease.

12. Refund Policy

12.1 Subscription cancellations. You may cancel your subscription at any time from the Member Center (Sign in → My Benefits → My Product → Cancel Subscription). Your plan remains active until the end of the current billing cycle, after which it will not renew and will revert to the free tier. We do not provide prorated refunds for partial billing periods except where required by law or under Section 11.2.

12.2 Renewal charges. Subscriptions renew automatically. If you are charged for a renewal and wish to request a refund, you may contact us within 7 days of the renewal charge; provided you have not materially used the Service during the new billing period, we will refund the renewal charge in full.

12.3 Credit packs. One-time credit packs are valid for lifetime from purchase and are non-refundable once partially consumed, except where required by law.

12.4 Statutory rights. Nothing in this Section limits any mandatory consumer rights you may have under the law of your jurisdiction (including EU/UK consumers' 14-day withdrawal rights, where applicable).

12.5 How to request a refund. Contact support@kivix.ai with your account email and transaction ID. We respond within one business day.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through binding arbitration conducted in San Francisco, California, rather than in court.

14. AI Transparency and Disclosure

Users have a transparency obligation when publicly sharing content generated by KiVi AI. You must clearly label or disclose that the video/audio content is AI-generated, especially when publishing factual, news, or educational content, to avoid misleading the public. Many platforms (including YouTube and TikTok) require disclosure of realistic AI-generated content; compliance with platform-level disclosure rules is your responsibility.

15. Children's Privacy

The Service is intended for adult creators, educators, and parents — not for children under 13. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, contact us at support@kivix.ai and we will promptly delete it.

If you upload a child's voice sample (e.g., for voice cloning) or other content containing a child's likeness or personal data, you represent that you are the child's parent or legal guardian, or that you have obtained verifiable parental consent to upload and process such content solely for the purpose of using the Service.

Our practices regarding personal information are designed to be consistent with the Children's Online Privacy Protection Act (COPPA) and other applicable children's privacy laws, as further described in our Privacy Policy.

16. Third-Party APIs and Open Source

The Service utilizes foundational AI models and APIs provided by third parties, as well as open-source code libraries. KiVi AI disclaims liability for any service interruptions, data anomalies, or policy shifts caused directly by these third-party underlying services.

17. General Provisions

Governing Language. These Terms are written in English. Any translated version is provided for convenience only; the English version prevails in the event of conflict.

Entire Agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and KiVi AI regarding the Service.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment. You may not assign these Terms without our prior written consent. KiVi AI may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.