Welcome to FlivShot. These Terms of Service (“Terms”) govern your access to and use of the FlivShot website and AI image-generation services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of the Service
FlivShot is an AI-powered creative studio that generates images, including AI headshots, product photos, outfit visualizations, real estate enhancements, and AI avatars. The Service is operated by FlivShot (“we”, “us”, “our”).
2. Eligibility & Account
You must be at least 18 years old to use the Service. By using FlivShot, you represent that you meet this requirement.
To access certain features, you must create an account. You agree to provide accurate information and keep your credentials secure. You are responsible for all activity under your account.
3. Acceptable Use
You agree not to:
- Upload images containing nudity, sexual content, violence, hate speech, or other illegal content.
- Use the Service to impersonate any person or entity.
- Use the Service to generate images of real individuals without their explicit consent.
- Reverse engineer, scrape, or attempt to extract source code or AI models.
- Use the Service for any unlawful, fraudulent, or deceptive purpose.
- Resell generated images as templates or stock photography without our written permission.
We reserve the right to suspend or terminate accounts that violate these terms.
4. Payments, Credits & Refunds
- Plans and credit packs are billed via Stripe (cards) or NowPayments (cryptocurrency).
- Prices are shown in USD and may be converted to your local currency at checkout.
- Credits are non-transferable and do not expire unless explicitly stated.
- Refund Policy: Due to the computational cost of AI image generation, purchases are non-refundable once credits have been used. Unused credits may be refunded within 14 days of purchase, less any payment-processor fees. Cryptocurrency payments are non-refundable.
- Subscription plans renew automatically unless cancelled before the renewal date.
5. Intellectual Property of Generated Images
- You retain full ownership of the images you generate, subject to the source content (e.g., your uploaded selfies) being lawfully yours.
- FlivShot grants you a worldwide, royalty-free license to use, modify, reproduce, and distribute the generated images for personal and commercial purposes.
- FlivShot retains ownership of the Service itself, including the underlying models, infrastructure, software, and aggregated usage data.
- You grant FlivShot a limited, non-exclusive license to host and display your generated content for the purpose of operating the Service.
6. Source Material & Consent
You represent and warrant that any image you upload:
- Is yours, or you have all necessary rights and consents to upload it.
- Does not violate any third-party rights, including privacy, publicity, or copyright.
- Does not depict minors in any context that could be illegal or inappropriate.
You are solely responsible for the source material you upload.
7. AI Limitations & No Warranty
Generated images are produced by probabilistic AI models and may contain inaccuracies, artifacts, or unintended likenesses.
The Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or that generated images will meet your specific requirements.
8. Limitation of Liability
To the maximum extent permitted by law, FlivShot, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service. Our total aggregate liability for any claim shall not exceed the amount you paid us in the 6 months preceding the claim, or USD $100, whichever is greater.
9. Indemnification
You agree to indemnify and hold FlivShot harmless from any claim, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
10. User Data & Privacy
Your use of the Service is also governed by our Privacy Policy. We process personal data in accordance with applicable data protection laws, including GDPR and CCPA.
11. Modifications
We may update these Terms from time to time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your account if you violate these Terms. Upon termination, your right to access the Service ceases, but the provisions that by their nature should survive (intellectual property, liability, indemnification) shall remain in effect.
13. Governing Law
These Terms are governed by the laws of the jurisdiction in which FlivShot is established, without regard to its conflict-of-laws principles. Any disputes shall be resolved exclusively in the competent courts of that jurisdiction.
14. Contact
Questions about these Terms? Contact us at flivshot@gmail.com.