Terms of Service

1.1. Introduction and Acceptance.

Welcome to Kivoo AI. This Terms of Service (the “Agreement” or “Terms”) constitutes a legally binding, exhaustive, and irrevocable contract between you (the “User,” “you,” “your,” or “Subscriber”) and Kivoo AI, an independent digital platform operating the website kivooai.com, its underlying subdomains, application programming interfaces (APIs), software-as-a-service (SaaS) products, and all associated digital infrastructure (collectively, the “Company,” “Kivoo AI,” “we,” “us,” or “our”).

1.2. Method of Acceptance.

By accessing, registering for an account, browsing, integrating with our API, purchasing a subscription, or otherwise utilizing any feature of the Kivoo AI platform, you expressly, affirmatively, and unconditionally acknowledge that you have read, comprehensively understood, and agree to be bound by every provision, clause, and sub-clause of this Agreement. If you are entering into this Agreement on behalf of a corporation, partnership, or other legal entity, you represent and warrant that you possess the absolute legal authority to bind said entity and its affiliates to these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all access to and use of Kivoo AI.

1.3. Modifications to the Agreement.

Kivoo AI reserves the unilateral, absolute, and unreviewable right to update, modify, revise, or completely replace any part of these Terms at any time. We may do so without direct prior notice to you, though we will update the "Effective Date" at the top of this document. It is your strict responsibility to review this page periodically for changes. Your continued use of or access to the Kivoo AI platform following the posting of any changes constitutes your binding acceptance of those changes.

3.1. Scope of Services.

Kivoo AI provides a fully automated, cloud-based generative AI platform designed to synthesize high-fidelity UGC-style video advertisements and marketing collateral based on User Input. The Services are entirely digital, and Kivoo AI does not provide manual video editing, human acting, physical production, or bespoke creative agency services.

3.2. Beta Features and Experimental Technologies.

From time to time, Kivoo AI may invite you to try features or tools that are not generally available to all customers (“Beta Features”). Beta Features are provided for evaluation purposes only and are not intended for critical production use. They are highly experimental, may contain extensive bugs, and may be discontinued at any time at Kivoo AI's sole discretion. Kivoo AI will have absolutely no liability for any harm or damage arising out of or in connection with a Beta Feature.

3.3. Service Availability and Rate Limiting.

While Kivoo AI utilizes robust cloud infrastructure, we do not guarantee 100% uptime. The Services may be temporarily unavailable due to scheduled maintenance, server overload, upstream API provider outages, or network congestion. Furthermore, Kivoo AI reserves the right to impose strict rate limits, bandwidth restrictions, and rendering queue delays on your Account to prevent abuse and ensure equitable resource distribution among all users.

3.4. AI Hallucinations and Output Unpredictability.

Because Kivoo AI relies on advanced probabilistic machine learning models, the Output is inherently unpredictable. You acknowledge that the AI may generate "hallucinations" (fabrications of facts), visual artifacts (e.g., distorted limbs or text), or unexpected audio glitches. Kivoo AI bears absolutely no responsibility for the aesthetic quality, factual accuracy, or logical coherence of the generated Output.

4.1. Account Registration.

To utilize the Services, you must register for an Account. You agree to provide current, complete, and highly accurate information. The use of temporary email addresses, disposable domains, or synthetic identities to bypass platform restrictions is strictly prohibited.

4.2. Absolute Responsibility for Security.

You are entirely responsible for maintaining the strict confidentiality of your password, API keys, and Account access. Kivoo AI shall not be liable for any loss, data breach, or unauthorized credit consumption that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You agree to notify Kivoo AI immediately at help@kivooai.com of any unauthorized use of your Account.

4.3. Dormant Accounts and Data Purging.

If your Account remains inactive (defined as no logins, no API requests, and no active paid Subscription) for a continuous period of one hundred and eighty (180) days, Kivoo AI reserves the right to classify the Account as dormant. We may, at our sole discretion and without notice, permanently delete dormant accounts, including all associated stored Inputs, Outputs, and historical data, to optimize our server capacity.

6.1. User Ownership of Input.

You retain all applicable ownership rights to the original Input you upload. However, you grant Kivoo AI a worldwide, royalty-free, irrevocable license to process, cache, route, and transmit that Input to generate your requested video. You warrant that you hold the copyright or a valid commercial license for every image, script, and audio file you upload.

6.2. Ownership of Output and Commercial Rights.

Provided you are on an active, paid Subscription tier and are not in breach of these Terms, Kivoo AI transfers to you all copyright interests (to the extent they exist under applicable law) in the final Output generated by your Account. You may use this Output for commercial advertising, social media distribution, and brand promotion.

Exception: If you are utilizing a free trial or an unpaid tier, you are granted only a limited, non-commercial, personal-use license, and the Output may contain Kivoo AI watermarks which you are strictly forbidden from cropping or removing.

6.3. The Ambiguity of AI Copyright Law.

You expressly acknowledge that the copyrightability of AI-generated content is an actively evolving area of international law. Kivoo AI makes absolutely no warranties, representations, or guarantees that the Output generated by the platform can be registered with the US Copyright Office, the UK Intellectual Property Office, or any other global copyright registry. You assume all risk regarding the intellectual property protection of the generated videos.

6.4. Kivoo AI’s Proprietary Rights.

Kivoo AI owns all rights, title, and interest in the platform itself. This includes the source code, backend architecture, the "Kivoo AI" name, logos, UI designs, and the specific prompt-engineering wrappers utilized by our system.

7.1. Billing Cycle and Auto-Renewal.

Kivoo AI operates on a subscription-based software-as-a-service (SaaS) model. By selecting a subscription plan, you authorize us to charge your selected payment method immediately upon purchase, and again automatically at the beginning of each subsequent billing cycle (monthly or annually) until you affirmatively cancel.

7.2. Credit Consumption and Expiration.

Subscriptions grant you a specific allocation of generative Credits. Credits are consumed based on video length, rendering resolution, and the complexity of the AI model used. Unused Credits do not roll over to the next billing cycle. If you cancel your subscription, all remaining Credits are instantly forfeited and cannot be recovered.

7.3. Exhaustive No-Refund Policy.

Due to the immense computational costs (GPU server time) required to process and render generative AI video, all purchases on kivooai.com are absolutely and strictly non-refundable. We do not offer prorated refunds for downgraded plans, cancelled accounts, or unused Credits. We do not issue refunds if you are simply unsatisfied with the aesthetic quality of the AI Output, as the nature of AI is unpredictable.

7.4. Chargeback Fraud and Payment Disputes.

If you initiate a chargeback or payment dispute with your credit card issuer or bank for a valid transaction, Kivoo AI will treat this as a hostile breach of contract. Your Account will be immediately and permanently banned. We reserve the right to contest the chargeback by providing your IP address, login logs, and generation history to the financial institution, and we may revoke your commercial license to use any previously generated videos, rendering your active ad campaigns liable for copyright strikes.

9.1. Exclusion of Damages.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIVOO AI, ITS FOUNDERS, EMPLOYEES, AFFILIATES, OR UPSTREAM API PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF ADVERTISING REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF KIVOO AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2. Liability Cap.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIVOO AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), WILL AT ALL TIMES BE STRICTLY LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO KIVOO AI FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.1. Governing Law.

This Agreement and any dispute arising out of it shall be governed by, construed, and enforced in accordance with the laws of India, completely excluding its conflict of law principles.

12.2. Binding Arbitration.

Any controversy, claim, or dispute arising out of or relating to these Terms, the Services, or the relationship between you and Kivoo AI, shall be resolved exclusively by final and binding arbitration rather than in a court of law. The arbitration shall be conducted in India in the English language. You expressly agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement.

12.3. Class Action Waiver.

YOU AND KIVOO AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.1. Force Majeure.

Kivoo AI shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms if such delay or failure arises by any reason beyond its reasonable control, including but not limited to internet outages, upstream API failures (e.g., OpenAI or Seedance downtime), AWS/Google Cloud outages, or acts of God.

13.2. Severability.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

13.3. Entire Agreement.

These Terms, coupled with the Privacy Policy published on kivooai.com, constitute the entire, complete, and exhaustive agreement between you and Kivoo AI relating to the subject matter herein.

13.4. Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Kivoo AI’s prior written consent. Kivoo AI may freely assign or transfer these Terms without restriction.