Terms of Service

Last updated: March 2026

Welcome to ViviNova. These Terms of Service ("Terms") govern your access to and use of ViviNova's AI image generation services, website, and platform (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using ViviNova (available at vivinova.ai), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and ViviNova ("we," "us," or "our").

2. Description of Service

ViviNova is an AI-powered image generation platform that provides the following services:

Text-to-Image Generation: Create images from text descriptions
Image-to-Image Transformation: Modify existing images using AI
Image Editing: Advanced editing capabilities powered by AI
Image Upscaling: Enhance image resolution and quality
Background Removal: Automated background extraction
Multiple AI Models: Access to various AI models from providers including Google, OpenAI, ByteDance, Black Forest Labs, xAI, and others

The Service is offered through both free and paid tiers, with paid services operating on a credits-based system.

3. User Accounts and Registration

3.1 Account Creation

You may use certain features of our Service without creating an account (free tier). To access premium features, you must create an account by providing accurate and complete information.

3.2 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account
Ensuring that your account information remains accurate and current

3.3 Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. Credits and Payments

4.1 Credits System

Paid features of the Service operate on a credits-based system. Credits are consumed when you generate, edit, or process images using premium features or models.

4.2 Purchasing Credits

Credits can be purchased through our platform using Stripe as our payment processor
All purchases are final and non-refundable except as required by law or as explicitly stated in these Terms
Credit pricing is displayed on our website and may change at any time with notice to existing users

4.3 Credit Expiration

Credits may expire according to the terms of your specific plan. We will provide notice of expiration policies at the time of purchase.

4.4 Payment Processing

All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service and authorize us to charge your selected payment method.

4.5 Taxes

You are responsible for any applicable taxes, duties, or government charges associated with your purchase.

4.6 Refund Policy

Refunds for purchased credits may be granted at our sole discretion in cases of:

Service outages preventing use of purchased credits
Billing errors or duplicate charges
Other exceptional circumstances

Refund requests must be submitted to contact@vivinova.ai within 30 days of purchase.

5. User Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to any text prompts, input images, or other content you provide to the Service ("User Content").

5.2 License to ViviNova

By uploading or submitting User Content, you grant ViviNova a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display your User Content solely for the purpose of providing and improving the Service.

5.3 Content Restrictions

You represent and warrant that:

You own or have the necessary rights to all User Content you submit
Your User Content does not violate any third-party rights, including intellectual property rights
Your User Content complies with all applicable laws and these Terms

6. Acceptable Use Policy

6.1 Prohibited Content

You may not use the Service to generate, create, or distribute content that:

Depicts or promotes child sexual abuse material (CSAM) or exploitation of minors
Contains illegal content or promotes illegal activities
Infringes on intellectual property rights, including copyrighted characters, logos, or trademarks
Contains hate speech, discrimination, or promotes violence against individuals or groups
Depicts graphic violence, gore, or torture
Constitutes harassment, bullying, or threats
Contains non-consensual intimate imagery or deepfakes of real individuals
Violates privacy rights or misappropriates personal information
Spreads misinformation or disinformation intended to cause harm
Attempts to impersonate others or misrepresent identity

6.2 Prohibited Conduct

You may not:

Use the Service for any unlawful purpose
Attempt to circumvent any security features or usage limitations
Reverse engineer, decompile, or attempt to extract source code from the Service
Use automated systems (bots, scrapers) to access the Service without permission
Resell or redistribute access to the Service without authorization
Interfere with or disrupt the Service or servers
Violate any applicable laws or regulations

6.3 Enforcement

We reserve the right to:

Review content generated on our platform
Remove content that violates these Terms
Suspend or terminate accounts that violate the Acceptable Use Policy
Report illegal activity to appropriate authorities
Cooperate with law enforcement investigations

6.4 Reporting Violations

If you encounter content that violates these Terms, please report it to contact@vivinova.ai.

7. AI-Generated Content Ownership

7.1 Ownership of Generated Images

Subject to your compliance with these Terms and applicable law, you own the images you generate using ViviNova for both personal and commercial use.

7.2 Limitations

Your ownership rights are subject to the following:

You must have the legal right to use any input content (prompts, source images)
You are responsible for ensuring your use of generated images complies with applicable laws
We do not guarantee that generated images are free from third-party rights claims
Images generated using free tier services may be subject to additional limitations

7.3 Attribution

While not required, we appreciate attribution when you share work created with ViviNova.

7.4 No Guarantee of Uniqueness

AI models may generate similar or identical images for different users using similar prompts. We do not guarantee uniqueness of generated content.

8. Third-Party AI Models

8.1 Third-Party Providers

ViviNova integrates AI models from various third-party providers, including but not limited to Google, OpenAI, ByteDance, Black Forest Labs, and xAI.

8.2 Third-Party Terms

Your use of specific AI models may be subject to additional terms and conditions from the respective providers. You are responsible for reviewing and complying with any such terms.

8.3 Model Availability

We reserve the right to add, remove, or modify available AI models at any time without notice.

8.4 No Warranties for Third-Party Models

We do not warrant the accuracy, reliability, or output quality of third-party AI models and are not responsible for their performance or results.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain reliable service availability but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

Scheduled or emergency maintenance
Technical difficulties
Third-party service disruptions
Events beyond our reasonable control

9.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Service at any time
Change pricing, features, or credit costs with reasonable notice
Update these Terms as necessary

9.3 Notice of Changes

We will provide notice of material changes through:

Email notification to registered users
Announcements on our website
In-app notifications

Continued use of the Service after changes constitutes acceptance of the modified terms.

10. Limitation of Liability

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Warranty of Results

We do not warrant that:

The Service will meet your specific requirements
Generated images will be accurate, complete, or suitable for any purpose
The Service will be uninterrupted, secure, or error-free
Any errors or defects will be corrected

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVINOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

10.4 Maximum Liability

IN NO EVENT SHALL VIVINOVA'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO VIVINOVA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

10.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ViviNova, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of the Service
Your User Content or generated images
Your violation of these Terms
Your violation of any rights of another party
Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

Using account deletion features in your account settings
Contacting us at contact@vivinova.ai

12.2 Termination by ViviNova

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

Breach of these Terms
Violation of the Acceptable Use Policy
Suspected fraudulent or illegal activity
Extended periods of inactivity
At our sole discretion

12.3 Effect of Termination

Upon termination:

Your right to access and use the Service immediately ceases
Unused credits will be forfeited unless otherwise required by law
We may delete your account data and generated content
Sections of these Terms that by their nature should survive will remain in effect

12.4 Data Retention

We may retain certain information as required by law or for legitimate business purposes after termination.

13. Governing Law

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ViviNova is registered, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

Good faith negotiations between the parties
Binding arbitration if negotiations fail, as permitted by law
Small claims court for qualifying claims

13.3 Class Action Waiver

You agree to resolve disputes with ViviNova on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration, to the extent permitted by law.

13.4 Venue

Any legal action or proceeding shall be brought exclusively in the courts located in our registered jurisdiction, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Update the "Last updated" date at the top of these Terms
Provide notice through email, website announcement, or in-app notification
Give you the opportunity to review changes before they take effect

14.2 Acceptance of Changes

Continued use of the Service after the effective date of modified Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Service.

14.3 Version History

We will maintain reasonable access to previous versions of these Terms upon request.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and ViviNova regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, or natural disasters.

15.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service.

15.7 Language

These Terms are provided in English. Any translations are provided for convenience only, and the English version shall prevail in case of conflict.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at:

Email: contact@vivinova.ai

Website: vivinova.ai

We will make reasonable efforts to respond to your inquiry within 5-7 business days.

Disclaimer: This is a template for informational purposes. Consult with a qualified attorney for legal advice specific to your situation.

By using ViviNova, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.