Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Kiv Studio website, web application, and public API (collectively, the ” Service”), which is operated by XY Digital LLC (“Kiv Studio,” ” we,” “us,” or “our”). The Service provides AI-powered video generation tools.

By creating an account, accessing the Service, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding agreement. If you are prohibited from using the Service under applicable law, you may not access it.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account or keys. You agree to:

• Provide accurate, current, and complete account information.
• Keep your password and API keys secure and confidential.
• Notify us promptly at [email protected] of any unauthorized use or security breach.
• Accept full responsibility for all actions taken under your account and keys, including any charges incurred.

You may create and manage API keys from your account settings. API keys are shown once at creation; you are responsible for storing them securely and revoking any key that is lost or compromised.

3. User Content and AI Avatar Representations

This section is important. It explains what you may and may not generate using the Service.

3.1 You will only use your own AI avatars and content

You represent, warrant, and agree that any avatar, voice, likeness, image, video, audio, or other material you upload, reference, or generate through the Service (“User Content”) is content that you created yourself or that you fully own or control. You are solely responsible for your User Content and for ensuring that you have obtained every permission, release, and right necessary to use it.

3.2 Strict prohibition on real people and copyrighted characters

You may not, under any circumstances, use the Service to create, depict, imitate, or reference:

• Real people, including celebrities, public figures, athletes, performers, influencers, and private individuals — living or deceased — without exception;
• Copyrighted or trademarked characters, brands, logos, names, mascots, story worlds, or other protected intellectual property that you do not own or are not fully licensed to use (for example, characters from films, television series, video games, anime, comics, or books);
• Deepfakes, impersonation, non-consensual intimate imagery, or content designed to deceive, defame, harass, or mislead anyone about a real person.

This prohibition applies even if a person or character is referenced indirectly, by description, by name, or through an image or URL you supply. You are strictly liable for any User Content that violates this section.

3.3 License to us

You grant Kiv Studio a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, process, privatize with upstream AI providers, and display your User Content solely as necessary to operate, provide, and improve the Service for you. You retain all ownership rights in your User Content.

3.4 Enforcement

We reserve the right (but have no obligation) to review, moderate, block, or remove any User Content, and to cancel pending generation jobs, suspend or terminate your account, and disable your API access — at any time, without notice — if we believe your User Content may violate these Terms or applicable law. To report infringing or unauthorized content, contact us at [email protected].

4. Indemnification

You agree to indemnify, defend, and hold harmless XY Digital LLC and its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content or your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights, including intellectual property, right of publicity, privacy, or defamation rights. This obligation survives the termination of your account or these Terms.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, fraudulent, infringing, defamatory, or harassing purpose;
• Generate content that constitutes child sexual abuse material, non-consensual sexual content, content that promotes terrorism or violence, or any content that exploits or harms minors;
• Upload viruses, malware, or any malicious code;
• Attempt to gain unauthorized access to, disrupt, or overload the Service, its infrastructure, or the public API;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Scrape, crawl, or harvest data from the Service;
• Abuse, circumvent, or attempt to manipulate the credit, billing, or rate-limit systems;
• Resell, sublicense, or provide the Service to third parties without our written permission;
• Use the Service to train competing AI or machine-learning models.

6. Intellectual Property

The Service, including its software, design, text, and features, is owned by XY Digital LLC and protected by intellectual property laws. Video generation is powered by third-party AI models. These Terms do not grant you any right to use the Kiv Studio name, logos, or branding without our prior written consent.

You retain ownership of your User Content subject to the limited license in Section 3.3. Output videos you generate are made available to you for your personal and commercial use to the extent permitted by law and these Terms; you are solely responsible for determining your rights in any output.

7. Credits, Billing, and Subscriptions

Some features of the Service require credits or a paid subscription, billed through our payment processor, Stripe.

• Credits are debited from your balance when a generation job is submitted, and are refunded automatically if a job fails.
• Credits are tied to your subscription plan, do not roll over between billing periods, and have no cash value.
• Paid subscriptions renew automatically based on the billing interval you select. Applicable taxes are calculated by Stripe at checkout based on your billing address.
• You authorize us and Stripe to charge the applicable fees until you cancel. You can manage or cancel your subscription at any time from your account settings; access continues until the end of the current paid period.
• We may change our pricing and credit allowances. Price changes take effect at the start of your next billing cycle following notice.

Refunds, where applicable, are processed at our discretion. Contact [email protected] for billing questions.

8. Third-Party Services

The Service relies on third-party providers, including Stripe (payments), Cloudflare (hosting and analytics), and upstream AI model providers. Your use of these third-party services is also subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

9. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any AI-generated output will be accurate, lawful, or of any particular quality. You are responsible for reviewing and verifying all output before use.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will XY Digital LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or related to the Service will not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred U.S. dollars ($100), whichever is greater.

11. Termination

You may delete your account or stop using the Service at any time. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if you violate these Terms. Upon termination, all licenses granted by you to us under these Terms continue only as necessary to operate and improve the Service as permitted by these Terms. Sections that by their nature should survive termination will remain in effect.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law principles. You and we agree to attempt to resolve any dispute informally first. If we cannot, the dispute will be resolved exclusively in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and revise the “Last updated” date above. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

14. Contact

If you have any questions about these Terms, contact us:

• XY Digital LLC
• Email: [email protected]
• Address: 30 N Gould St Ste R, Sheridan, WY 82801, USA