V
VIVID

Terms of Service

Effective date: September 29, 2026

Questions about this policy?Emailbillykinggym@126.com

These Terms of Service ("Terms") govern your access to and use of VIVID (the "Service"), including the website at https://vivid.aijoy.tech, our mobile applications and APIs, operated by vivid("we", "us", or the "Operator"). By creating an account, signing in, or using the Service you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and our Refund Policy, which are incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old(or the age of majority where you live, if higher) and able to form a binding contract to use the Service. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind it to these Terms, and "you" includes that organization. The Service is not directed to children and we do not knowingly collect data from anyone under 18.

2. Your account

  • You must provide accurate information and keep your credentials confidential. You are responsible for all activity under your account.
  • Notify us promptly at billykinggym@126.com if you suspect unauthorized access.
  • You may delete your account at any time from the Account page. See the Privacy Policy for what happens to your data.

3. The Service

The Service lets you submit text prompts and optional reference images ("Inputs") to generate images and videos with artificial-intelligence models ("Outputs"), for example user-generated-content (UGC) style advertising creatives. The Service relies on machine-learning models that are probabilistic: Outputs may be inaccurate, unexpected, similar to Outputs generated for other users, or unsuitable for your purpose. We may change, suspend or discontinue any feature or model at any time.

Prompts are automatically screened by an automated moderation system before generation. We may refuse, block or remove any Input or Output that we believe violates these Terms or the law. Automated moderation is imperfect, and its passing a request does not mean the content is lawful or permitted.

4. Credits and payments

  • Generations are paid for with prepaid credits. The credit cost of each generation is shown before you submit it.
  • Credits are purchased in packages through our third-party payment providers. Card payments are processed by Creem (creem.io) or Waffo (waffo.ai), which act as our reseller and Merchant of Record: your purchase contract for the payment is with the provider you pay through, which appears on your statement and is responsible for collecting and remitting applicable sales tax/VAT. Prices shown on our pricing page are the total you pay, including any such taxes.
  • Credits have no cash value, are not legal tender, cannot be transferred, resold or exchanged between accounts, and are not redeemable for money except where required by law or described in our Refund Policy.
  • If a generation fails for technical reasons, the credits charged for it are automatically returned to your balance.
  • We may change credit prices and package contents going forward; changes do not affect credits you have already purchased.
  • Chargebacks or payment reversals for purchases you authorized may result in suspension of your account and removal of the corresponding credits.

5. Your content

5.1 Inputs

You retain any rights you have in your Inputs. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce and transmit your Inputs solely to operate, secure and improve the Service, to moderate content, and to comply with law.

You represent and warrant that:

  • you own or have all necessary rights, licenses and permissions to use each Input, including any copyrighted material, trademarks or logos it contains;
  • for every identifiable real person appearing in an Input (image, name, voice or other likeness), you have obtained that person's express, informed consent to use their likeness to create AI-generated content for the intended purpose, and, for any person under 18, the consent of a parent or guardian — and you will produce proof of such consent on request;
  • your Inputs do not violate our Acceptable Use Policy or any law.

5.2 Outputs

As between you and us, and to the extent permitted by law, we assign to you any rights we may hold in Outputs you generate, and you may use them for any lawful purpose, including commercial advertising, subject to these Terms. You acknowledge that in many jurisdictions purely AI-generated material may not be protected by copyright, that similar Outputs may be generated for others, and that we make no warranty that an Output does not infringe third-party rights. You are solely responsible for reviewing each Output and for how you use, publish and distribute it.

Storage period. Outputs and the files you upload are stored for 7 days only. After that they are automatically and permanently deleted and cannot be recovered, so please download any Output you want to keep. We are not a backup or long-term storage service.

6. Advertising, endorsements and AI disclosure

Because the Service is designed for advertising content, you specifically agree that you will:

  • Not present AI-generated people as real customers. You will not use Outputs as, or represent them to be, genuine testimonials, reviews or endorsements by real consumers or real persons who did not give them. In the United States this is prohibited, among others, by the FTC's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465) and the FTC Endorsement Guides; in the EU and UK by unfair-commercial-practices law.
  • Label AI content. Clearly disclose that content is AI-generated wherever required by law or by the platform where you publish it (for example Meta, TikTok, YouTube and Google Ads AI-content labelling policies), and in all cases where an Output depicts a realistic person, place or event that could be mistaken for real ("deepfake"), as required by Article 50 of the EU Artificial Intelligence Act.
  • Keep claims truthful. Ensure all product claims in your advertisements are truthful, substantiated and compliant with applicable advertising law, and not use the Service for health, financial or other regulated claims you cannot substantiate.
  • Not remove provenance data. Not remove, alter or obscure the machine-readable AI-generation metadata we embed in Outputs, or any visible watermark, except as needed for legitimate technical processing that preserves the disclosure.

See our AI Content Disclosure page for details.

7. Prohibited use

You must comply with our Acceptable Use Policy. Serious violations — including any sexual content involving minors, non-consensual intimate imagery, or impersonation of real people without consent — result in immediate termination and may be reported to law enforcement or the National Center for Missing & Exploited Children (NCMEC).

8. Intellectual property and notices

The Service, including its software, design, and trademarks (excluding your Inputs and Outputs), is owned by us or our licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not reverse-engineer, scrape, resell, or use the Service to build a competing product, or access it by automated means other than our documented APIs.

We respect intellectual-property and personality rights. If you believe content generated or hosted through the Service infringes your rights, submit a notice via our Report Content / DMCA page. We terminate the accounts of repeat infringers in appropriate circumstances.

9. Third-party services

The Service uses third-party providers (such as payment processors, cloud infrastructure, AI model hosting and email delivery). Their services are subject to their own terms, and we are not responsible for them.

10. Suspension and termination

We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Service, other users or third parties. Where we terminate your account for convenience and not because of your breach, we will refund unused purchased credits. Where we terminate for your breach, unused credits are forfeited to the extent permitted by law. Sections that by their nature should survive termination (including 5, 6, 8, 11, 12, 13 and 14) survive.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. Nothing in these Terms excludes statutory rights that cannot be excluded, including the rights of consumers in the EU and UK regarding conformity of digital content.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY OUTPUT. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) USD 100.

These limitations do not apply to liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or to any other liability that cannot be limited or excluded under applicable law.

13. Indemnity

You will defend, indemnify and hold harmless the Operator and its affiliates, officers and employees from any claims, damages, losses and expenses (including reasonable legal fees) arising out of your Inputs, your use or distribution of Outputs, your advertisements, or your breach of these Terms or of any law or third-party right. This section does not apply to consumers to the extent prohibited by law.

14. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which the Operator is established, without regard to conflict-of-laws rules, and the courts located there have jurisdiction, except as follows. If you are a consumer residing in the European Union, the United Kingdom or another country whose law grants you mandatory protections, you also benefit from those protections and may bring proceedings in the courts of your country of residence. The European Commission's Online Dispute Resolution information is available at consumer-redress.ec.europa.eu; we are not obliged and do not undertake to participate in alternative dispute resolution before a consumer arbitration board.

Before filing a claim, please contact us at billykinggym@126.com so we can try to resolve the dispute informally.

15. Changes to these Terms

We may update these Terms from time to time. For material changes we will notify you (for example by email or in the Service) and ask you to accept the new version before you continue using the Service. The effective date at the top of this page shows when they were last updated.

16. Miscellaneous

These Terms, together with the policies referenced above, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. The English version of these Terms prevails over any translation.

17. Contact

vivid
Email: billykinggym@126.com