Terms of Service

I. Your Agreement With Us

Viva AI is not intended for children under 13, or under the minimum age required by applicable law in your location. If you are under the required age, you may use the Services only with permission from a parent or legal guardian where permitted by law.

If you use the Services on behalf of a company, organization, or other entity, you represent that you are authorized to accept these Terms on that entity's behalf. In that case, references to "you" include both you and that entity.

Additional terms may apply to certain features, subscriptions, promotions, jurisdictions, app stores, or third-party services. If supplemental terms conflict with these Terms, the supplemental terms control for the applicable feature, transaction, or jurisdiction.

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms on this page or providing notice through the Services. Your continued use after the updated date means you accept the updated Terms.

II. Use Of The Services

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Viva AI for your personal or internal business use, only as permitted by these Terms and applicable law. We reserve all rights not expressly granted to you.

You are responsible for your account, device, credentials, uploaded materials, prompts, generated content, and all activity under your account. You agree to keep account credentials secure and to notify us if you believe your account has been compromised.

You may not use the Services in any way that:

• Violates law, regulation, third-party rights, privacy rights, publicity rights, intellectual property rights, or these Terms.
• Copies, modifies, adapts, translates, reverse engineers, decompiles, disassembles, extracts, or attempts to discover source code, models, algorithms, systems, or security mechanisms except where allowed by law.
• Sells, rents, sublicenses, distributes, frames, mirrors, or commercially exploits the Services without our written permission.
• Uses bots, scraping, automated scripts, bulk account creation, credential stuffing, or other automated methods to access, collect, or manipulate the Services.
• Interferes with, overloads, disrupts, damages, bypasses, or attempts to bypass the Services, networks, rate limits, access controls, safety systems, or security features.
• Uploads malware, viruses, harmful code, deceptive content, unlawful content, non-consensual intimate content, or content that promotes violence, exploitation, harassment, hate, self-harm, fraud, or criminal activity.
• Impersonates another person, misrepresents affiliation, or falsely suggests that content is endorsed by us or by another person or entity.
• Uses another person's face, likeness, voice, body, identity, private information, copyrighted material, trademark, or other protected material without all necessary rights and consent.
• Removes, alters, hides, or interferes with any watermark, disclosure, safety mark, provenance signal, or notice that we apply to AI-generated, edited, or synthesized content.

III. Face, Likeness, And Synthetic Media Features

Some features may involve face editing, body motion, likeness transfer, style generation, image synthesis, video synthesis, or other AI-assisted media creation. You are solely responsible for ensuring that the materials you provide and the outputs you create are lawful, authorized, and respectful of other people's rights.

You must not use these features to deceive others, impersonate a real person without permission, create illegal or infringing content, create non-consensual sexual or intimate content, harass or defame anyone, misrepresent synthetic content as natural content, or otherwise cause harm.

If you upload or use a person's face, body, voice, image, video, or other identifying material, you represent that you have obtained all required rights, permissions, and consents. You should share synthetic or edited content responsibly and preserve any disclosure or watermark provided by the Services.

IV. Payment

Certain Services, content, subscriptions, credits, points, packs, or features may require payment. Prices, billing periods, renewal terms, included benefits, and cancellation options will be shown at the point of purchase or in the relevant app store or payment flow.

Payments may be processed by Apple, Google, Stripe, PayPal, or other payment providers. Your purchase may also be subject to the terms, refund rules, and billing policies of the relevant app store or payment provider.

Unless required by law or expressly stated at purchase, fees are non-refundable and non-cancellable once charged. Subscription renewals may continue until canceled through the applicable app store, account setting, or payment provider.

Credits, points, or similar balances are not money, do not have cash value, cannot be redeemed for cash, cannot be transferred, and may be used only for eligible Services. We may set expiration dates, usage limits, or other conditions disclosed in the Services.

V. Intellectual Property Rights

The Services, including software, user interface, designs, text, graphics, logos, templates, effects, filters, workflows, documentation, and other materials we provide, are owned by us or our licensors and are protected by intellectual property and other laws.

You may not publish, reproduce, distribute, display, perform, modify, create derivative works from, or otherwise exploit any part of the Services except as expressly allowed by these Terms or with our written permission.

We respect intellectual property rights and expect you to do the same. We may remove or restrict access to content, suspend accounts, or terminate access when we believe rights have been violated or when required by law.

Some features may generate media in broad visual styles based on prompts or uploaded materials. Such features are intended for creative use and do not grant you rights in third-party characters, marks, works, likenesses, or other protected material.

VI. Content

Our content. As between you and us, we and our licensors retain all rights in the Services and our content. We do not guarantee that our content or third-party content available through the Services is accurate, complete, available, or up to date.

Your content. You retain ownership of content you upload, submit, create, or generate through the Services, subject to any rights held by others and the licenses granted in these Terms.

License to operate the Services. You grant us a worldwide, non-exclusive, royalty-free license to host, store, upload, process, transmit, reproduce, modify, display, and use your content only as reasonably necessary to operate, provide, improve, secure, support, and develop the Services, comply with law, enforce these Terms, and allow you to share or download content at your direction.

Responsibility for input. You represent that you have all rights, licenses, consents, and permissions needed for your prompts, uploads, reference materials, audio, images, videos, and other input. You are responsible for your input and for any consequences of using it with the Services.

AI output. AI and machine learning systems may produce output that is inaccurate, unexpected, offensive, similar to output provided to others, or not protectable by intellectual property rights. You are responsible for reviewing output before relying on, publishing, or using it.

Content moderation. We are not obligated to monitor all content, but we may review, remove, block, filter, label, restrict, or disable access to input or output if we believe it violates these Terms, applicable law, third-party rights, safety requirements, or our policies.

VII. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless us, our affiliates, service providers, licensors, officers, directors, employees, contractors, and agents from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your content, your breach of these Terms, your violation of law, or your violation of third-party rights.

VIII. Exclusion Of Warranties

Nothing in these Terms affects statutory rights that cannot be limited or waived under applicable consumer law.

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, conditions, and representations, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and security.

We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, error-free, compatible with every device, free of harmful components, or that defects will be corrected. We may change, suspend, restrict, or discontinue all or part of the Services at any time for business, legal, safety, or operational reasons.

IX. Limitation Of Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, opportunity, data, content, use, or business, whether direct or indirect, arising from or related to the Services or these Terms.

We are not responsible for losses caused by changes to the Services, temporary or permanent unavailability, deletion or failure to store content, unauthorized access, third-party services, app stores, payment providers, AI provider behavior, network charges, or your reliance on AI output.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to the Services or these Terms will be limited to the greater of the amount you paid us for the Services in the 12 months before the event giving rise to the claim or USD $50.

X. Termination

You may stop using the Services at any time. If account deletion or subscription cancellation is available, you are responsible for following the applicable in-app, app store, or payment provider process.

We may suspend, restrict, or terminate your access to all or part of the Services at any time if we believe you violated these Terms, created risk, infringed rights, failed to pay amounts due, caused harm, or if required for legal, safety, security, or operational reasons.

Termination does not relieve either party of obligations that arose before termination. Sections that by their nature should survive will survive, including intellectual property, content licenses, payment obligations, disclaimers, limitation of liability, indemnity, dispute terms, and miscellaneous provisions.

XI. Miscellaneous

Applicable law and disputes. These Terms are governed by applicable law, without regard to conflict of law rules, except where local consumer protection law requires otherwise. Before filing a claim, you agree to contact us and try to resolve the dispute informally.

Open source. The Services may include open source software. Open source software is governed by its own license terms.

Third-party services. The Services may include links, integrations, exports, app store features, payment providers, AI providers, social platforms, or other third-party services. We do not control and are not responsible for third-party services. Their terms and policies may apply.

Privacy. Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and disclose personal information.

Entire agreement. These Terms, together with any supplemental terms and policies referenced here, form the entire agreement between you and us regarding the Services.

No waiver. If we do not enforce a provision immediately, that does not mean we waive the right to enforce it later.

Severability. If any provision is found invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be limited or removed to the minimum extent necessary.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, operation of law, or otherwise where permitted by law.

Contact. If you have questions about these Terms, contact us at team@viva-ai.app.

Website: https://viva-ai.app