Terms of Service

1. Acceptance of Terms

Welcome to Zivv (the "Service" or "Platform"). These Terms of Service ("Terms") constitute a legally binding agreement between you and the operator of this Platform regarding your use of the Service. By registering an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page. Continued use of the Service after any modification constitutes your acceptance of the revised Terms.

2. Geographic Restrictions

The Service is available to users in (including but not limited to):

• Hong Kong, Macao, and Taiwan
• North America, Europe, Southeast Asia, Japan, South Korea, and other regions
• Any other jurisdiction not subject to the above restriction

If you are located in mainland China, you must immediately cease registration and use of this Service. By registering, you represent and warrant that your location, habitual residence, and primary place of use are outside mainland China. Any legal liability arising from false representations regarding your location shall be borne solely by you.

Regulatory context: China's Cybersecurity Law (2017), Data Security Law (2021), Personal Information Protection Law (PIPL, 2021), Regulations on Internet Information Services, and the Interim Measures for the Administration of Generative Artificial Intelligence Services (2023) require overseas internet and AI service providers to obtain specific licenses and complete compliance filings to serve mainland China users. This Platform, operating as an overseas service, does not meet those requirements and therefore explicitly excludes mainland China from its service territory.

3. Account Registration & Security

When registering an account, you must:

• Provide accurate, complete, and truthful information (including a valid email address);
• Be at least 18 years of age (or the legal age of majority in your jurisdiction) and have full legal capacity;
• Not impersonate any person or entity;
• Keep your credentials confidential and not transfer, lend, or share your account with any third party;
• Notify us immediately upon discovering any unauthorized access to your account.

You are solely responsible for any losses arising from your failure to safeguard your account credentials.

4. Acceptable Use

You agree to use the Service only in compliance with these Terms. You must not:

• Violate laws: Use the Service for any activity that violates applicable laws or regulations in your jurisdiction;
• Abuse the API: Attempt to circumvent rate limits, conduct automated mass scraping, or overload upstream services;
• Resell without authorization: Resell or redistribute API access to third parties without our express written consent;
• Generate illegal content: Use the Service to generate, transmit, or store content that is infringing, fraudulent, contains child sexual abuse material, hate speech, or is otherwise unlawful;
• Violate upstream terms: You are also subject to the terms of service of upstream providers (Google Gemini, Anthropic, etc.).

We reserve the right to rate-limit, suspend, or permanently ban accounts that violate these rules, without prior notice.

5. Payments, Balance & Refunds

Fees & Billing

• The Service uses a prepaid credit system. Credits cannot be withdrawn as cash;
• API usage fees are deducted from your balance in real time at the rates shown on the Model Pricing page and are non-reversible;
• Requests will be rejected when your balance is insufficient;
• We may update published rates; changes take effect 30 days after notice is posted.

Refund Policy

• Scope: Refund requests based solely on a change of mind (e.g., no longer needing the service, adjusting usage plans) may be declined at our discretion;
• Method: Requests submitted within 90 days of payment will be refunded via the original payment channel; requests after 90 days cannot be refunded to the original channel and require an alternative payment method;
• Required materials: All refund requests must include: (a) original payment proof; (b) identity information matching the payment account; (c) for requests after 90 days, an alternative receiving account matching the payer's identity;
• Anti-fraud: We reserve the right to conduct additional review of refund requests; requests showing signs of fraud may be denied and the associated account suspended;
• Violations: We reserve the right to deny refunds for accounts terminated due to policy violations.

6. Service Changes, Suspension & Termination

Termination

• You may close your account at any time; we will provide 30 days' written notice before terminating the Service;
• Either party may terminate for material breach by the other party with 30 days' written notice describing the breach, unless cured within that period;
• We may terminate immediately without notice if applicable law prohibits us from providing the Service to you.

Suspension

We may suspend your access to part or all of the Service if: (a) there is a security risk or attack; (b) you violate these Terms; (c) applicable law prohibits continued service; or (d) an upstream API provider suspends or terminates supply. We will make reasonable efforts to provide advance written notice and restore access as soon as the issue is resolved.

Effect of Termination

Upon termination, your data will be handled as described in the Privacy Policy. Confidentiality, limitation of liability, and dispute resolution provisions survive termination.

7. Customer Content & Intellectual Property

Customer content ownership: You retain all rights to your inputs (prompts), and you own the outputs generated by the Service in response to your inputs.We do not use your content to train any AI models.

Platform IP: All software, UI design, trademarks, and related intellectual property of this Platform belong to its operator. These Terms do not grant either party any implied license to the other's intellectual property.

Ownership of AI-generated outputs is also subject to the terms of the relevant upstream AI providers (Google, Anthropic, etc.). We recommend reviewing their policies.

8. Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

• Service interruptions caused by upstream API failures or changes (Google Gemini, Anthropic, etc.);
• The accuracy, legality, or fitness for purpose of AI-generated content;
• Losses caused by force majeure (network failures, natural disasters, government actions, etc.);
• Any indirect, consequential, or incidental damages, lost profits, or data loss.

In any case, our total liability to you shall not exceed the fees you actually paid to us in the 3 months prior to the event giving rise to liability.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Platform is registered.

Informal negotiation: Before initiating arbitration, the disputing party must provide written notice to the other party. Both parties must attempt to resolve the dispute in good faith within 45 days of that notice.

Arbitration: If the dispute is not resolved within 45 days, it shall be submitted to binding arbitration before a competent arbitration body. Any award may be entered as judgment in any court of competent jurisdiction. Both parties waive, to the extent permitted by law, the right to a jury trial and the right to participate in class actions.

Nothing in this section prevents either party from seeking equitable relief (such as an injunction) from a court of competent jurisdiction.

10. Export Controls & Sanctions

You may not export or provide access to the Service to any person, entity, or country prohibited by U.S. or other applicable international law, or for any prohibited purpose. This includes countries subject to U.S. export control restrictions and individuals or entities covered by U.S. government sanctions.

11. Force Majeure

Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, government actions, network infrastructure failures, or upstream service outages.

12. Contact Us

If you have any questions about these Terms, please contact us through the in-platform support channels or our official support email.