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. If you do not agree to these Terms, you are strictly prohibited from using or accessing the Service.

2. Changes to Terms

KiVi Ai reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by updating the date at the top of these Terms and, where appropriate, by sending an email notification. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

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. 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, 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 are permitted to use this Output for both personal and commercial purposes (e.g., YouTube monetization), provided you are subscribed to a plan that grants commercial rights (Creator or Master plans).

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 will 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 separate Refund Policy. By making a purchase, you agree to the terms outlined in that policy.

8. Intellectual Property Rights

The Service, including its original content, features, functionality, software, design, and AI models, are owned by KiVi Ai and are 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.

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 your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions (Input and Output), any use of the Service's content, services, and products other than as expressly authorized in these Terms.

10. 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.

11. 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.

12. Contact Information

If you have any questions about these Terms, please contact us at support@kivix.ai.

13. 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.

14. Content Moderation and Takedown

We employ both automated technologies and manual review to monitor user Input and generated Output. We reserve the absolute right to block generation, remove content, or suspend accounts without prior notice if we detect NSFW, violent, infringing, or illegal material.

15. 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.