Kivue AI Terms of Service

Please read these terms carefully before using our services

Welcome to Kivue AI! These Terms of Service (the "Terms") are a legally binding agreement between you (the "User" or "you") and Kivue AI ("Kivue AI", "we" or "our") governing your use of the Kivue AI agent services (the "Website" or "Services"). Read and understand all provisions carefully before use, especially the disclaimers, limitations of liability, applicable law and dispute-resolution provisions. By registering, signing in or using the Services, you acknowledge that you have read, understood and agreed to all Terms. If you disagree with any part, stop using the Services immediately. Updates to these Terms We may update these Terms to reflect changes in law, regulatory or operational requirements, our practices or other factors. Check them regularly. If you cannot accept changes, stop interacting with us. We notify you of updates where required by applicable law. Changes take effect when the revised Terms are published, or on another stated date. Continuing to use the Services after changes take effect confirms your agreement. 1. Who may use the Services 1.1 By accessing the Services, you confirm you are at least 13 or meet the minimum age to consent to their use. If you are below the legal age to agree to these Terms, a parent or guardian must agree on your behalf. We encourage you to review these Terms together. Parents or legal guardians who permit their children to use the Services are also bound by these Terms and responsible for the children's conduct. 1.2 You must not use the Services if prohibited by the law of your residence or another applicable jurisdiction. By using them, you represent and warrant that you meet these requirements. 1.3 Kivue AI aims to provide PG-13 and family-friendly content. Its AI generates Output, as defined below, in response to user questions, and may not always meet our content guidelines. This emerging technology cannot guarantee that all Output is suitable for every user. Use judgment and caution. 2. Use of the Services 2.1 Kivue AI is an agent that uses artificial intelligence to help users create, edit, generate and process video content based on their instructions and materials. The Services support creative and professional workflows. Specific features and services are provided "as is" and updated from time to time. 2.2 AI tools and features process information you provide, including text prompts, instructions, images, videos or other content ("Input"). They generate content that may include images, videos, sound effects or other material ("Output"). Input and Output together are "Content". 2.3 A Kivue AI account is required to use all features. Provide accurate, complete and current registration information. Protect your account name and password and take responsibility for all account activity. Notify us immediately of unauthorized use. Accounts are personal and must not be shared, transferred or sold. 2.4 We may offer subscription plans, including free trials and paid plans ("Paid Services"). Their features and prices are published on the Website. See Section 3 for Paid Services and payment details. 2.5 Your account is for one individual user unless the subscription plan explicitly permits sharing. 2.6 We use Waffo as a third-party payment provider for card payments, merchant settlement and related services (the "Payment Provider"). When ordering Paid Services, provide payment details and other information needed for the order directly to the Payment Provider. You agree to the payment providers' terms and privacy policies and authorize Waffo to share your information and payment instructions with one or more payment providers to the minimum extent necessary to complete the transaction. Online payments may be verified by our providers and your card issuer. We are not responsible if your issuer refuses authorization. Providers use fraud-prevention protocols and industry-standard verification systems, which you authorize to verify your payment information. We are not responsible for online transaction or processing fees imposed by your issuer. In some jurisdictions, payment providers may use third parties subject to strict confidentiality and data-protection requirements. 2.7 We may offer promotional codes, referral codes, discounts, coupons or similar benefits ("Promotional Codes"), subject to additional Kivue AI terms, if any. Codes (i) must be used lawfully; (ii) are only for designated recipients and purposes; (iii) must not be copied, sold, transferred or publicly disclosed, including on forums or coupon websites, without express permission; (iv) may be disabled, changed or made subject to new conditions at our discretion without liability; (v) must be used according to their conditions; (vi) cannot be exchanged for cash, credits or other rights; and (vii) may expire before use. 2.8 We may introduce test or beta features or products ("Beta Features") at our discretion. Their use is voluntary and "as is". Errors, defects, vulnerabilities or inaccuracies may cause device data loss or damage, and use is entirely at your risk. Content or data may not be recoverable to a previous non-test version. Even if rollback is technically possible, data produced during beta use may be unrecoverable. We will identify confidential Beta Features when providing them. Do not disclose, display or otherwise publicize such confidential features without written consent. 2.9 Kivue AI may modify, suspend or terminate all or part of the Services at any time without further notice or liability to you or third parties. Third-party software updates may be required for proper use. 3. Paid Services and payments 3.1 Paid Services Some features require a paid subscription. At purchase you may (1) prepay for periodic subscriptions, such as monthly or annual plans, to receive service credits, including the Starter, Basic, Plus and Pro plans; or (2) purchase credits directly. See the Credit Purchase Q&A for subscription and credit-purchase questions. Free and paid products must be used lawfully and under these Terms. Review and confirm each Paid Service's scope, features, prices and conditions on the Platform before purchase or subscription. 3.2 Purchase and subscription terms You may prepay subscription fees, one-time charges and taxes in local currency through a payment account or another method. Payment methods and procedures are subject to the applicable platform's terms (the "Payment Platform"). Legally required taxes may be added. Late payment of fees or taxes may result in refusal, suspension or termination of Paid Services. If we do not receive payment through the Payment Platform, you agree to pay outstanding amounts on request. We may correct payment-platform errors even after payment has been initiated or received. 3.2.1 Subscribe through channels designated by the Payment Platform, prepaying the selected plan's fees and taxes, with taxes determined under local law. 3.2.2 If you select automatic renewal, the system charges the current price at renewal. Cancel automatic renewal through account settings before the current period ends to stop further charges. 3.2.3 By choosing automatic renewal, you expressly authorize the Payment Platform or relevant platform to (a) retain payment information, including card details, and charge at the start of each renewal period until cancellation under the applicable process; (b) calculate taxes using the billing and location information provided at purchase; and (c) where a charge exceeds your preauthorized amount, other than due to the imposition of or changes in state sales tax, notify you of the amount and charge date before the scheduled transaction. 3.2.4 Review your Payment Platform's subscription-management and cancellation policies and manage or disable automatic renewal yourself. 3.2.5 The Company may change Paid Service features, prices and plans. Changes do not retroactively affect existing subscribers' rights unless required by law or necessary for legal, technical or security needs. 3.2.6 See the Credit Purchase Q&A for automatic-renewal details. 3.2.7 Provide current, complete and accurate billing information. Immediately update account information through account settings or our or the Payment Platform's channels if your billing address, card number or expiry changes, a payment method is cancelled, lost or stolen, or a security concern arises, such as compromised credentials. If valid information is not provided promptly, we may continue charging the account until you terminate the service under the process above. Overdue fees or taxes may cause suspension or termination. 3.3 Renewal and cancellation 3.3.1 Select from Paid Services available in your country or region. 3.3.2 Automatically renewing plans continue for periods equal to the previous period unless otherwise stated. Your payment method is charged at the beginning of each renewal unless you cancel or change the subscription before the current period ends. 3.3.3 If you do not wish to renew, cancel through your account before the renewal date to avoid further fees. 3.3.4 See the Credit Purchase Q&A for renewal and cancellation details. 3.4 Refund policy 3.4.1 You may request a full refund within 7 days of purchase if, since the latest payment, you have not generated content, used any benefits or consumed credits. 3.4.2 Except under Section 3.4.1, payments for subscriptions, credit purchases and other paid content are generally non-refundable. You expressly agree that activation of Paid Services or completion of a credit purchase fulfills the Company's obligations, with no refund obligation unless the law requires otherwise. 3.4.3 We may consider partial refunds in special cases at our discretion. The Company determines refund eligibility and amounts. 3.4.4 Email refund requests to [email protected]. Approved refunds are returned using the original payment method. 3.4.5 See the Credit Purchase Q&A for refund details. 4. Your rights and restrictions 4.1 Your rights are subject to these restrictions. Unless applicable law prohibits a restriction or we provide written consent, you must not: 4.1.1 Except for automatic browser caching or express permission in these Terms, download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or sell information obtained through, included in or accessible through the Services. 4.1.2 Use, imitate or remove copyrights, trademarks, service marks, trade names, slogans, logos, images or proprietary markings; frame trademarks, logos or content, including images, text, layouts or forms; or use Kivue AI names or trademarks in metatags or hidden text. 4.1.3 Copy, reverse engineer, decompile, disassemble or crack the Services or underlying ideas or algorithms, or attempt to do so. 4.1.4 Modify the Services using automated software, bots, hacking tools or unauthorized third-party software. 4.1.5 Use the Services commercially, including for promotion or sales, unless your subscription plan expressly permits it. 4.1.6 Overload, damage, interfere with, disable or impair the Services or others' use, including through devices, software or programs. 4.1.7 Attempt unauthorized access to, interference with, damage to or destruction of the Services, others' accounts or related networks and systems. 4.1.8 Bypass, remove, modify, disable, weaken or circumvent technical controls or content protections. 4.1.9 Intercept, mine, scrape, collect or monitor content with bots, crawlers, scrapers, automated processes, software or queries, or manually scrape without permission. Public search engines have revocable permission to crawl only to create publicly searchable indexes, without caching or archiving. 4.1.10 Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technically harmful material. 4.1.11 Upload, submit, create, transmit, display, perform, publish, store or otherwise provide content, including Your Content, that is unlawful, threatening, defamatory, obscene, extremely violent, fraudulent, insulting, immoral, prejudiced, pornographic, profane, invasive of privacy or reputation, harassing, abusive, hateful, discriminatory, exploitative, or incites, organizes or facilitates violent crime, or use the Services in those ways. 4.1.12 Publish (i) unauthorized or unsolicited advertising or spam; (ii) sensitive personal information, including financial, medical, government ID, passport or social-security details or other personal information; or (iii) commercial activities such as prize draws, promotions, advertising or pyramid schemes without written consent. 4.1.13 Research, train, develop, improve or fine-tune competing AI or machine-learning products, models or services. 4.1.14 Publish others' photographs or make them accessible without permission. 4.1.15 Impersonate any person or entity, including Kivue AI employees or representatives. 4.1.16 Direct the Services to generate Output violating intellectual-property rights, contractual restrictions or laws, or carry out related unlawful activities. 4.1.17 Access or use the Services in a way not expressly permitted by these Terms. 5. Responsibility for Content 5.1 You, rather than Kivue AI, are fully responsible for content uploaded, posted, emailed, transmitted or otherwise provided through the Services ("Your Content"). You represent and warrant that you own or have obtained worldwide, royalty-free, perpetual, irrevocable, non-exclusive rights, including personality rights, and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivatives, distribute, monetize, publicly perform and display Your Content, or incorporate all or part into other works in any format, medium or technology, for the full duration of its intellectual-property rights. You warrant that the rights holders, including personality-rights holders, have lawfully, validly and irrevocably waived their rights and authorized you to grant those licenses. 5.2 Users must not upload personal information, private information or sensitive data about themselves or others, or data involving national security or the public interest, including data meeting the important-data identification factors in the Information Security Technology—Guidelines for Identification of Important Data, or types of data prohibited or restricted on this website by the laws of the user's country or region. Users bear legal responsibility for penalties, losses or disputes resulting from violations. We reserve the right to hold users accountable for penalties or losses their violations cause to the website. 5.3 The Services may include information, data, text, software, music, sounds, photographs, images, videos, messages, tags or other materials posted by users ("User Content"). Kivue AI neither controls nor endorses such content and makes no representation or warranty concerning it. You interact with it at your own risk. 5.4 You alone are responsible for interactions with other users and third parties through the Services. Kivue AI may, but need not, intervene in user disputes and is not responsible for resulting losses. 5.5 Kivue AI need not prescreen Content, but may prescreen, reject or remove it at its discretion. By using the Services, you irrevocably consent to such monitoring and understand that you have no expectation of privacy in transmissions of Your Content, including chat, text and voice. Any screening, rejection or removal is for our own benefit, not yours. 5.6 Kivue AI may, but need not, monitor or review the Services and Content at any time. It may remove Your Content for any reason, including violations of these Terms or law. We generally do not monitor user activities, but may investigate suspected violations and immediately terminate your service license or change or remove all or part of Your Content without prior notice. 5.7 Kivue AI may set general usage rules and limits, including maximum retention periods and storage allocation on our or third-party servers, delete long-inactive accounts and their content, and change rules or limits with or without notice. 6. Ownership 6.1 The Services, including their appearance, text, graphics, images, logos, proprietary content, information and materials, are protected by copyright, trademarks and other intellectual-property laws. Kivue AI or its licensors own all rights, title and interests, including intellectual-property rights, in the Services. You must not act inconsistently with those rights. 6.2 Kivue AI names, logos, product and service names, designs and slogans belong to Kivue AI, its affiliates or licensors. Other names, logos, designs and slogans belong to their respective owners and are not necessarily affiliated with or endorsed by us. 6.3 To the fullest extent permitted by law, Kivue AI may, but need not, review Input and Output using automated or manual tools. Kivue AI does not claim ownership of your Input ("Your Input") or Output generated through the Services ("Your Output"). If we acquire rights in Your Output, we assign them to you. Due to the nature of generative AI, Your Output may not be unique and other users may independently produce similar or identical Output. You waive and release claims against Kivue AI and other users arising from such similarity or identity. 6.4 You may post, upload, submit or otherwise provide information, data, text, software, music, sounds, photographs, images, videos, messages, tags and other materials, including Input and Output ("Your Content"). We need licenses to operate lawfully. By providing Content, you authorize us to access, use, host, cache, store, copy, transmit, display, publish, distribute and technically modify it, including for multi-device display, to operate, improve, promote and provide the Services. These rights are royalty-free, transferable, sublicensable, worldwide and irrevocable while we store the Content. We may provide Content to third parties as necessary under service-partnership contracts and disclose it where required for legal compliance. Other users may comment on, tag, use, publish, display, modify or copy publicly posted Content for their own use of the Services; this does not apply to non-public Content. Kivue AI may delete, screen or edit Your Content without prior notice to the maximum extent permitted. You warrant that you have all necessary rights, licenses, consents, authorizations and capacity, and that Your Content violates no law, third-party terms, personal-information rights or other third-party rights. You bear full responsibility. 6.5 Unless otherwise agreed with Kivue AI, you agree that Input, Output and user interactions may be used to train, improve, upgrade and enhance machine-learning models, AI models, algorithms and related technologies, products and services, including annotation, classification, moderation and model training (collectively, "Models"). You grant Kivue AI a worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive, perpetual and irrevocable license to use Input and Output provided or generated at any time for those purposes. Regardless of automated suggestions, you are responsible for Output, its lawfulness, validity, accuracy and completeness, and its use. 6.6 Posting Your Content in a forum, comments or other area, or liking another user's content, expressly authorizes Kivue AI to identify you as a contributor by your username, which may be a pseudonym, in publications using existing or future formats, media or technologies. 6.7 We welcome feedback and suggestions ("Feedback"). Submitting Feedback gives you no rights in the Services or Feedback. Feedback belongs exclusively to Kivue AI and may be used and disclosed without further notice, compensation or claims by you. You assign all associated rights and interests, including patent, copyright, trade-secret, trademark, know-how and moral rights, to Kivue AI. 7. Third-party services and materials 7.1 The Services may display, include or make available third-party content, data, information, applications or materials ("Third-Party Materials") or links to third-party websites. Kivue AI does not review or take responsibility for their content, accuracy, completeness, timeliness, validity, compliance, authenticity, lawfulness, decency, quality or other aspects. Links are used at your own risk. Kivue AI assumes no responsibility or warranty for third-party services, materials, websites, products or services. Materials and links are provided for convenience. 7.2 Tools may let you export information, including Your Content, to third-party websites through account linking or buttons such as Like or Share. Using them authorizes Kivue AI to transmit information to the specified third party. Its use of your information is not our responsibility. 7.3 The Services may contain User Content, including information, data, text, software, music, sounds, photographs, images, videos, messages and tags. Kivue AI does not control, endorse, warrant or take responsibility for it. Decide whether to interact with it at your own risk. 8. Infringement notices If material uploaded, downloaded or displayed through the Services infringes copyright, send a written notice identifying (1) the copyrighted work; (2) the allegedly infringing material to remove and its location; (3) your contact information, such as address, phone and email; (4) a statement of good-faith belief that the use is not authorized by the rights holder, its agent or law; (5) a statement that the information is accurate and, under penalty of perjury, that you are the rights holder or authorized to act for it; and (6) a physical or electronic signature of the rights holder or authorized agent. Email notices to [email protected] with the subject "Infringement Removal Request". We may disable or terminate repeat infringers' accounts where appropriate or at our discretion. Users subject to an infringement complaint may submit a counter-notice. We may restore content at our discretion after receipt. Send all legally required information by email or post. You are responsible for damages caused by a knowingly false claim of non-infringement. Kivue AI reserves the right to (a) remove or refuse to publish Content at its sole discretion; (b) take necessary or appropriate action, including for violations of these Terms, infringement, threats to user or public safety or potential Company liability; (c) disclose identity or information to third parties claiming infringement of their rights, including intellectual-property or privacy rights; (d) take legal action for unlawful or unauthorized use, including referral to law enforcement; and (e) terminate or suspend all or part of your access for any reason. We may investigate suspected violations and assist competent authorities where crime is suspected. Unless prohibited by law, Kivue AI may disclose information about your use, including Your Content, to comply with law, proceedings or government requests; enforce the Terms; respond to infringement complaints or customer-service requests; protect Kivue AI, users or the public; and provide reasonable information needed for law-enforcement or official purposes. 9. Disclaimers, limitation of liability and indemnification 9.1 Disclaimers 9.1.1 Access and use are at your own risk. The Services are provided "as is" and "as available". To the maximum extent permitted by law, Kivue AI and its parents, affiliates, officers, directors, employees, agents, representatives, partners and licensors ("Kivue AI Entities") disclaim express or implied warranties of merchantability, fitness for a particular purpose and non-infringement. They do not warrant or accept responsibility for (a) completeness, accuracy, timeliness, security, availability or reliability; (b) system damage, data loss or other losses from use; (c) compatibility or operation with other applications, systems or devices; (d) meeting your needs or uninterrupted, error-free, secure availability; or (e) deletion, storage failures or transmission failures of content or communications. Advice or information obtained from the Entities or Services creates no warranty or representation not expressly stated here. 9.1.2 Kivue AI Entities do not guarantee legal ownership of Output, intellectual-property protection of Input or Output, or that Output does not involve, infringe or misuse third-party intellectual-property or proprietary rights. The Services depend on third-party services. Kivue AI is not responsible for them, and you agree not to hold it responsible. You bear their risks and responsibility for your use and associated Output, and must assess whether Output meets your needs. 9.1.3 Kivue AI Entities are not responsible or liable for content created, uploaded, posted, sent, received or stored through the Services by you, other users or third parties. 9.1.4 You may encounter offensive, unlawful, misleading or otherwise inappropriate content, for which Kivue AI Entities accept no responsibility. 9.1.5 You are responsible for all third-party communications and interactions. Kivue AI Entities are not liable for third-party conduct, including external website operators. 9.2 Limitation of liability 9.2.1 Unless prohibited by law, Kivue AI Entities are not liable for indirect, special, punitive, incidental or consequential losses arising from use or inability to use the Services, under these Terms or otherwise, in contract, strict liability or tort, including negligence or other causes. This includes substitute goods or services, loss of use, data or profits, business interruption and other losses, even if advised of their possibility, and other claims, demands or losses arising from the Terms or delivery, use or performance of the Services. 9.2.2 Where not prohibited by law, total liability for finally adjudicated losses will not exceed the greatest of (i) amounts you paid Kivue AI for the relevant Services in the previous six months; (ii) RMB 100; or (iii) remedies or penalties required by applicable law. 9.2.3 These limitations remain effective and are fundamental elements of your agreement with Kivue AI. 9.3 Indemnification By accepting these Terms and using the Services, you agree to defend, indemnify and hold Kivue AI Entities harmless against losses, liabilities and expenses, including legal fees and costs, arising from (a) breach of these Terms or laws; (b) infringement of third-party rights; (c) misuse; (d) Your Content; or (e) negligence or intentional misconduct. Where indemnification is required, Kivue AI may exclusively control proceedings and decide whether and on what conditions to settle. You must cooperate fully in defense or settlement. 10. Dispute resolution and applicable law Unless applicable law provides otherwise, claims or disputes arising from these Terms or your use of the Services are interpreted and governed by the laws of China, without regard to conflict-of-law rules. 11. Waiver of jury trial and class actions To the fullest extent permitted by law, you and Kivue AI waive jury-trial rights and agree to bring claims only individually, not as part of a class, joint, consolidated or representative action. 12. Contact us The Website and Services are operated by Zhanjiang Xinghui Technology Co., Ltd. (湛江星辉科技有限公司). For feedback, questions or concerns, email [email protected]. We will respond within 15 business days after receiving your request and verifying your identity.