Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Vivify AI mobile application and related services (collectively, the "Service") operated by Vivify AI ("Vivify", "we", "us").

By downloading, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old to use Vivify. By using the Service you confirm you meet this requirement.

3. Account Registration and Security

You may need an account to use certain features. Authentication is provided through Supabase Auth and our backend. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

Notify us promptly at privacy@vivifyai.app if you suspect unauthorized access.

4. Subscriptions, Credits, and In-App Purchases

Paid features share one Vivify credit wallet across platforms. On iOS and Android, purchases and subscriptions are sold only through Apple App Store and Google Play (Adapty syncs entitlements). On the web app at www.vivifyai.app, checkout is processed by Whop. By purchasing, you also agree to the applicable processor terms:

• Mobile: prices, billing cycles, free trials, and renewals are displayed in the App Store or Google Play checkout and managed by Apple or Google
• Web: prices are shown in USD on the Vivify paywall; Whop processes the payment. Subscriptions use Whop renewal periods of 7, 30, or 365 days
• Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period through your Apple ID, Google Play account, or Whop account, depending on where you subscribed
• Refunds are handled by Apple, Google, or Whop according to their policies for that channel; Vivify cannot override those decisions
• Credits and subscription benefits are non-transferable except where required by law
• We may change plans, pricing, or included features with notice where required by the stores, Whop, or applicable law

If a payment fails or a subscription lapses, access to paid features may be suspended until payment is restored.

5. Acceptable Use

You agree not to:

• Upload or generate content you do not have the right to use
• Use the Service for illegal, harmful, harassing, or deceptive purposes
• Attempt to bypass content moderation, rate limits, credit systems, or security controls
• Reverse engineer, scrape, or abuse the Service except as permitted by law
• Use the Service to build a competing model or dataset from Vivify outputs without authorization
• Interfere with infrastructure provided by our partners (including Cloudflare, Supabase, fal.ai, or eachlabs.ai)

6. Content Moderation and Prohibited Content

Prohibited content includes:

Vivify uses automated and manual moderation. Prompts and uploads may be reviewed before or after processing to enforce these rules.

• Profanity and hateful or harassing material
• Explicit sexual content, pornography, or sexual exploitation
• Content promoting violence, terrorism, or illegal activity
• Content that exploits or endangers minors
• Content that infringes intellectual property or privacy rights
• Malware, spam, or deceptive impersonation

Examples of generally permitted creative content include:

• Artistic or educational nudity where lawful and non-exploitative
• Horror, fashion, dance, or cinematic storytelling
• Other lawful creative expression that complies with platform rules

Violations may result in content removal, suspension, or termination without refund, to the extent permitted by applicable store policies and law.

7. AI-Generated Content and Third-Party Models

Vivify uses third-party AI infrastructure, including fal.ai and eachlabs.ai, to run models that may be hosted in various countries. You acknowledge that:

• AI outputs may be imperfect, inaccurate, or unexpected; you use outputs at your own discretion
• Processing requires transmitting your prompts and media to our backend and AI providers
• Model availability, quality, and processing time may change without notice
• You must review outputs before publishing or relying on them for professional, medical, legal, or financial decisions
• You will not represent AI-generated media as real footage of people or events when doing so would be misleading

8. Ownership and License

Subject to these Terms and applicable law:

• You retain ownership of content you upload, subject to licenses you grant below
• You grant Vivify a worldwide, non-exclusive license to host, process, transmit, display, and store your content solely to operate and improve the Service
• Premium subscribers receive commercial usage rights to their eligible outputs as described in-app; free users receive personal, non-commercial rights unless otherwise stated at purchase
• Vivify and its licensors own all rights in the Service, software, branding, and underlying technology

9. Privacy and Data Processing

Our Privacy Policy explains how we collect and process personal data through Supabase Auth, our backend, Cloudflare R2, Adapty, Apple, Google, and AI providers.

By using AI features, you instruct us to process your uploads and prompts for generation, including cross-border transfers described in the Privacy Policy.

10. Storage and Availability

Generated content may be available in your gallery for a limited period (currently up to 7 days). You are responsible for downloading content you wish to keep.

We do not guarantee uninterrupted access and may perform maintenance or modify features with reasonable notice where practicable.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT AI OUTPUTS WILL BE ERROR-FREE, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVIFY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO VIVIFY THROUGH THE STORES IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50, EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW.

13. Indemnification

You agree to indemnify and hold harmless Vivify from claims arising out of your content, your misuse of the Service, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Service at any time and may delete your account in-app or by email as described in our Privacy Policy.

We may suspend or terminate access if you violate these Terms, create risk for other users, or where required by law or app store policies.

15. Changes to These Terms

We may update these Terms from time to time. Continued use after the effective date of updated Terms constitutes acceptance, except where further consent is required by law or the app stores.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Turkey and the courts of Istanbul, Turkey have exclusive jurisdiction, without regard to conflict-of-law rules, except where mandatory consumer protections in your country require otherwise.

Before filing a claim, you agree to contact privacy@vivifyai.app to attempt informal resolution.

17. Contact

Questions about these Terms: privacy@vivifyai.app

Privacy inquiries: privacy@vivifyai.app