Terms of Service

1. Who we are and what these Terms cover

Kisvia (the “Service”) is operated by [company name and legal form], [registered address] (“we”, “us”). You can reach us at [contact email].

These Terms apply to everyone who uses the Service. Some rules apply only to consumers, meaning people acting for purposes outside their trade, business, craft or profession; we say so where that is the case. Nothing in these Terms limits the rights you have under the mandatory consumer protection law of the country where you live.

2. Your account

You must be at least 18 years old to create an account. Give us correct information, keep your password secret and don’t share your account. You are responsible for what happens in your account unless it happened without your fault. If you think someone else has access, change your password and tell us at once.

If you create an account for a company, you confirm that you are allowed to accept these Terms on its behalf; the company is then the contracting party.

3. The Service and AI models

The Service lets you create images, videos, voiceovers, music and sound on a visual canvas with AI models, from your prompts and from files you upload. The models are developed and operated by third parties and are reached through our AI infrastructure provider.

AI results are generated automatically. They can be inaccurate, unexpected, or similar to results created for other people, and the same prompt can give different results. Check every result before you use it.

We keep improving the Service and may add, change or replace models and features, for example when a provider discontinues a model, for technical or security reasons, or because the law requires it. The main features you paid for remain available during your paid period. If a change negatively affects consumers more than slightly, we will tell you in advance and you may end the contract free of charge within 30 days of the change.

We aim for high availability but cannot promise that the Service is always available or free of errors; maintenance and outages of providers can interrupt it.

4. Plans, prices and payment

You can use the Service for free with the trial credits we give at sign-up. Paid options are monthly or yearly plans and one-off credit top-ups. The prices, what is included and the renewal terms are shown before you order; for consumers they include VAT where it applies.

The contract is concluded when you click the payment button (for example “Subscribe and pay”) and the payment is authorised. We confirm the order in the Service and, when available, by email.

Payments are processed by our payment provider; we never see or store your full card details. Plans renew automatically at the end of each period (monthly or yearly) until cancelled, and the price is charged at the start of each period. If a payment fails, we retry it; while a payment is overdue the plan may be paused.

We may change plan prices for future periods. We will tell you at least 30 days before the change applies to you. You can cancel before then; otherwise the new price applies from your next renewal.

5. Credits

Generations use credits. The cost is shown before every run and deducted when the run starts.

• If a run fails, its credits are returned automatically. If you stop a run before it starts, it costs nothing.
• Paid plans add credits every month (yearly plans too, month by month). At each monthly grant your balance is topped up to at most twice your monthly allowance; credits already on your balance are never removed.
• Credits stay in your account while it exists, also after a plan ends.
• Credits are not money, cannot be exchanged for cash and cannot be transferred to another account, except where the law requires otherwise.
• Free trial and referral credits are a gift; we may stop offering them for the future, and may remove credits obtained by abusing these offers (for example through fake accounts).

6. Cancelling a plan

You can cancel at any time in Billing. Cancellation takes effect at the end of the current paid period; until then the plan stays active. We don’t refund the current period, except under your right of withdrawal (section 7) or where the law requires it. Your account, files within their storage period and credits remain.

7. Right of withdrawal for consumers

Consumers in the EU have a right to withdraw from a paid contract within 14 days without giving a reason. The full information and a model form are on our Right of withdrawal page. You can withdraw with the “Withdraw from contract here” button in Billing, by email to [contact email], or with the model form.

At checkout you can ask us to start immediately, so that your credits are available at once. If you do and then withdraw, you pay an amount proportionate to what you received before withdrawing, calculated from the credits you used compared with the credits included in your purchase; we refund the rest within 14 days. Once all the credits of a purchase have been used, the service has been fully provided and the right of withdrawal ends.

8. Your content and the results

You keep all rights to the prompts and files you upload (“Inputs”). You allow us to store, process and transmit them, and the results created from them, only as far as needed to provide the Service to you (including sending them to the AI providers that run the models you choose). This permission ends when you delete the content or your account, except for copies we must keep by law.

As between you and us, the results created for you (“Outputs”) belong to you, and you may use them for private and commercial purposes, subject to the law, the rights of others and these Terms. Because of how generative AI works, we cannot guarantee that Outputs are unique, protected by copyright, or free of third-party rights.

We do not use your Inputs or Outputs to train AI models, and we don’t publish or show them to others without your permission.

9. Rules for using the Service

You may not use the Service to create, upload or share content that is illegal, or that:

• sexually depicts minors, or any non-consensual intimate or sexual images of real people;
• shows real people doing or saying things they never did (deepfakes) in order to deceive, defame or harass them, or uses a person’s face, voice or name without the necessary consent;
• infringes copyrights, trademarks, personality or privacy rights, for example by uploading pictures, music or logos you don’t have the rights to;
• incites violence or hatred, glorifies terrorism, harasses or threatens others;
• is designed to mislead people about elections, public health or emergencies, or is used for fraud, scams or spam.

You also may not attack, overload, scrape or reverse-engineer the Service, get around its limits or security, resell access, or create accounts automatically or to abuse free credits.

If you publish AI-generated or manipulated images, audio or video that look like real people, objects, places or events, you must clearly say that they are AI-generated, as required by article 50(4) of the EU AI Act and by the rules of the platforms where you publish (for example TikTok, YouTube or Instagram). Our AI providers may refuse prompts automatically under their own safety rules.

10. Reporting illegal content and our measures

Anyone can report content they believe is illegal by email to [contact email], stating the reasons, where the content is (for example the link or the project), and their name and email address, together with a statement that the report is accurate and complete in good faith.

We review reports in a timely, careful and objective way and may remove content, block features or suspend accounts. We inform the user concerned of our decision and the reasons, unless the law prevents it, and they can reply or ask us to review the decision by writing to [contact email]. We report suspected crimes that threaten life or safety to the authorities. We don’t monitor content in general.

Our single point of contact for authorities, the European Commission and users under the EU Digital Services Act is [contact email]; you can write to us in English or in any language the Service is offered in.

11. Suspension and ending the contract

You can end the contract at any time by deleting your account in Settings. An active plan then ends at once, without a refund for the current period; this does not affect your right of withdrawal.

We may suspend or close an account, after a warning where reasonable, if it seriously or repeatedly breaks these Terms or the law, if payments are not made, or if a court or authority requires it. We act proportionately and give reasons unless the law prevents it. We may also end free accounts that have been inactive for 24 months, with 30 days’ notice by email.

If we end a paid contract without you being at fault, we refund the unused part of what you paid in advance, including unused paid credits.

12. Storage of files

Files in your library are deleted automatically about 30 days after they were created; your canvases stay until you delete them or your account. The Service is not a backup service: download anything you want to keep.

13. Our responsibility for the Service

For consumers, the statutory rules on the conformity of digital services apply. If the Service does not work as described, you are entitled to have it brought into conformity and, if that fails, to a price reduction or to end the contract.

Because AI results vary by nature, a result that does not meet your personal expectations is not in itself a defect, as long as the Service works as described; failed runs are refunded automatically (section 5).

14. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under mandatory product liability law, and where we have given a guarantee.

For slight negligence we are liable only if we breach an obligation that is essential for carrying out the contract and on which you may regularly rely, and then only for the typical damage that was foreseeable when the contract was concluded. Otherwise our liability for slight negligence is excluded.

For business customers, our total liability for slight negligence is also limited to the amounts paid to us in the 12 months before the damage, and liability for loss of data is limited to the effort of restoring it from regular backups.

We are not responsible for how you use the Outputs, or for content you upload.

15. Claims by third parties (business customers)

If you use the Service as a business and a third party makes a claim against us because of your content or because you used the Service in breach of these Terms, you will hold us harmless from that claim and the reasonable costs of defending it, unless you are not responsible for the breach.

16. Changes to these Terms

We may change these Terms for valid reasons, such as new laws or court decisions, new features, or changes by our providers. Changes that only benefit you or are purely technical take effect when we publish them.

For any other change we tell you at least 30 days in advance and ask you to accept it in the Service. If you don’t accept, the current Terms continue to apply until the end of your paid period; after that either of us may end the contract, and we refund anything paid in advance for later periods.

17. Applicable law and disputes

The law of [country] applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of the mandatory rules of the country where you have your habitual residence.

Consumers may bring a claim in the courts of the country where they live or where we are established. For business customers, the courts at our registered office have exclusive jurisdiction.

We would rather solve any problem directly: write to [contact email]. We are not obliged and not willing to take part in dispute resolution proceedings before a consumer arbitration board.

18. Final provisions

If a provision of these Terms is invalid, the rest remains valid, and the statutory rules apply instead of the invalid provision. We may transfer the contract to a company that takes over the Service; we will tell you in advance and you may end the contract. These Terms are available in several languages; in case of differences the English version prevails, unless the mandatory law of your country provides otherwise. You can save or print these Terms at any time from this page.