Terms and Conditions

Eligibility

You may use the Service only if you are legally capable of entering into a binding agreement under the laws of your jurisdiction. If you use the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Changes to the Terms

We may update these Terms from time to time. Unless otherwise stated, any changes will become effective when posted on the Service. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the revised Terms.

The Service

Visiva provides AI-powered tools that allow users to create, transform, edit, enhance, or generate visual and audiovisual content based on content they provide. User-provided content may include, without limitation, text prompts, images, video files, audio, and other materials.

We may add, remove, modify, suspend, or discontinue any part of the Service at any time, with or without notice.

Scope of Service, Output Variability, and No Guarantee of Subjective Satisfaction

Visiva provides AI-powered creative tools designed to assist users in generating, editing, transforming, extending, or enhancing visual and audiovisual content. You understand and agree that the Service is generative and probabilistic in nature, and that outputs may vary due to many factors, including but not limited to your prompts, source materials, parameter settings, model behavior, feature availability, plan limitations, system conditions, and other technical constraints.

You further understand and agree that creative quality, stylistic consistency, motion accuracy, visual precision, realism, commercial suitability, and subjective satisfaction are inherently uncertain, and Visiva does not guarantee them. The fact that an output does not meet your personal preferences, aesthetic expectations, intended use, or ideal quality standard does not, by itself, mean that the Service is defective, undelivered, or not as described.

Product Descriptions, Examples, Demos, and Marketing Materials

Any examples, showcase materials, templates, sample outputs, promotional materials, tutorials, demos, case studies, or illustrative content provided by Visiva are for demonstration and explanatory purposes only. Unless we expressly state otherwise in writing, such content does not constitute any guarantee, promise, or warranty, and does not mean that every user will achieve the same, equivalent, or commercially suitable results.

Descriptions of features, tools, model capabilities, or performance are intended only to describe the general functional scope of the Service. Certain features may be affected by plan type, account status, region, device, browser, source material quality, generation quota, export limitations, moderation systems, or then-current technical availability.

User Review, Technical Issues, and Opportunity to Cure

You are responsible for reviewing all outputs and determining whether they are suitable for your intended use before relying on, publishing, distributing, commercializing, or otherwise using them.

If you believe the Service is malfunctioning, materially inconsistent with its description, or affected by a technical issue, you agree to first contact Visiva at [email protected] and provide reasonably necessary information so that we may investigate and, where appropriate, diagnose, explain, repair, or otherwise address the issue. In evaluating complaints concerning alleged defects, service failures, or material inconsistency with the Service description, we may refer to relevant account records, generation history, usage logs, access records, customer support communications, troubleshooting history, and any remedies we offered or that you declined.

Digital Delivery and Acceptance

Visiva provides digital products and digital services. Unless we expressly state otherwise, the relevant digital services, membership benefits, credits, generation capabilities, download rights, editing rights, or other digital features shall be deemed delivered once any of the following occurs:

• the relevant benefits, quotas, credits, or features are displayed in your account;
• you have been granted access to generate, edit, download, export, or otherwise use the relevant Service; or
• the relevant output content, downloadable result, or digital resource is accessible in your account, project page, history, or download page.

You understand and agree that delivery of digital services does not depend on whether you actually use, fully consume, export, download, publish, or commercially use the relevant results. If you are unable to access, download, or save relevant content in a timely manner due to your own device, browser, network environment, regional restrictions, third-party platform limitations, insufficient storage, operational error, or any other cause not solely attributable to Visiva, this shall not, by itself, mean that delivery has not occurred. However, if you contact customer support, we will provide reasonable assistance.

Refund Requests Based on Subjective Dissatisfaction

Unless otherwise required by applicable law or expressly provided in an applicable refund policy, the following circumstances generally do not, by themselves, constitute grounds for a refund:

(a) the output does not meet your subjective expectations, aesthetic preferences, or creative direction;

(b) you did not obtain a specific style, effect, motion, or result you expected;

(c) you did not fully use the Service, credits, or paid features after purchase; or

(d) you changed your mind after the relevant access, credits, or features were made available to your account.

Nothing in this Section limits any rights you may have under applicable law, nor does it prevent us, in our sole discretion, from providing a refund, credit compensation, or another solution where there is a genuine technical failure, major service abnormality, or another qualifying circumstance.

Paid Features, Plans, and Billing Authorization

Certain features, content, quotas, credits, membership benefits, or premium tools of the Service may require payment before they can be used. The applicable pricing, billing method, included features, validity period, auto-renewal arrangement (if applicable), and other commercial terms are as presented to you at the time of purchase on the checkout page, pricing page, or relevant product description.

When you place an order or provide a payment method, you authorize Visiva and its payment processing partners to charge your payment method for the applicable fees based on the plan, billing cycle, credit package, or other paid item you selected. If the relevant service is a subscription service, you also authorize us to automatically charge the renewal amount for each renewal period until you cancel in accordance with the applicable rules.

You must ensure that your payment information, billing information, and contact information are true, accurate, and kept up to date. We are not responsible for service interruption, loss of benefits, renewal failure, or incomplete orders caused by an invalid payment method, failed charge, inaccurate billing information, or a third-party payment provider declining the transaction, although we will provide reasonable assistance where appropriate.

Free Trials, Promotions, and Auto-Renewal

We may from time to time offer free trials, limited-time promotions, discounted prices, bonus credits, or other promotional arrangements. Unless we clearly state otherwise on the relevant page, in the promotional rules, or at checkout, once a free trial or promotional period ends, the relevant subscription service may automatically convert into a paid subscription and continue to be charged at the price and billing cycle disclosed to you at that time, until you cancel before the next billing date.

If you purchase an auto-renewing subscription, that subscription will automatically renew at the end of each billing period. The renewal period will usually be the same as the period you originally selected at purchase, unless otherwise stated by us. You may cancel auto-renewal in your account settings or by contacting us at [email protected] for assistance. Cancellation generally takes effect only for future billing periods that have not yet started. If a renewal charge has already been completed, the billing period that has already begun will generally not be terminated retroactively due to cancellation, unless otherwise required by applicable law or expressly stated in the applicable refund policy.

Cancellations, Refunds, and Billing Inquiries

If you wish to cancel a subscription, inquire about billing, request a refund, verify whether a renewal occurred, confirm whether cancellation was successful, or have any questions about your order, charges, membership, credits, digital entitlements, or transaction status, please first go to My > Manage Subscription or contact us at [email protected]. We encourage you to contact us to verify the matter before filing a formal dispute with your bank or payment provider, but nothing in this Section limits any statutory rights you may have under applicable law.

Whether a refund applies, the refund conditions, the method of refund processing, and the processing timeline are subject to the applicable refund policy, checkout disclosures, order type, usage status, and applicable law. Unless otherwise required by applicable law or expressly agreed by us, the following circumstances generally do not, by themselves, constitute grounds for a refund:

• you did not actually use or fully use the Service after purchase;
• you forgot to cancel auto-renewal before the renewal date;
• you no longer need the Service due to a change in your subjective expectations; or
• the digital entitlements, credits, membership access, or generation capabilities have already been activated, issued, consumed, used, downloaded, or delivered.

If a refund is approved, it will generally be returned to the original payment method. The time it takes to appear may vary depending on the payment provider, card issuer, region, and payment method.

Dispute Prevention, Chargeback Handling, and Record Retention

To prevent disputes, identify abnormal transactions, handle billing questions, verify refund status, review subscription cancellation requests, and respond to disputes, chargebacks, inquiries, or fraud investigations initiated by banks, payment processors, or card networks, Visiva may retain and use necessary records relating to your orders, payments, billing, subscriptions, cancellation requests, refund processing, account access, login activity, device information, IP address, access time, generation records, download records, usage records, and customer support communications.

If you initiate a dispute, chargeback, or refund investigation with a bank or payment provider regarding a transaction, you agree that, to the extent permitted by law, we may submit necessary materials to the relevant payment processor, card issuer, card network, fraud-prevention service provider, or any other party lawfully entitled to receive such information. Such materials may include, without limitation, order records, pricing disclosures, checkout confirmations, records of acceptance of subscription terms, cancellation timing records, refund records, service activation records, access and usage logs, and related customer support communications, for the purpose of verifying whether the transaction was authorized, whether it was delivered, whether it was accessed or used, and whether it complied with the applicable refund or cancellation conditions.

If we have already provided you with a refund, replacement solution, billing explanation, cancellation assistance, or other reasonable resolution under the applicable policy, and you still repeatedly initiate malicious, false, misleading, or abusive disputes, chargebacks, or refund claims regarding the same transaction, we reserve the right, to the extent permitted by law, to limit related account functions, deny future promotional benefits, suspend the Service, or terminate the account.

Fraud Review, Risk Control Verification, and Handling of Abnormal Transactions

To protect users, payment partners, and platform security, we may conduct automated or manual risk reviews on certain orders, accounts, or transactions. Such reviews may include, without limitation, abnormal payment detection, IP or device environment verification, billing information checks, payment verification, risk scoring, supplemental identity verification, transaction interception, delayed processing, order cancellation, access restrictions, or refund handling.

If we reasonably suspect that a transaction involves unauthorized payment, fraud, card theft, promotional abuse, abnormal device activity, circumvention of risk controls, or any other payment risk, we may, without liability, take appropriate measures, including suspending activation of the relevant entitlements, requiring additional verification, rejecting the transaction, canceling the order, freezing related functions, or proactively issuing a refund. These measures are intended to reduce fraud and dispute risks and do not constitute any guarantee by us regarding the outcome of any transaction or bank review.

Permitted Use

Subject to your compliance with these Terms, Visiva grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for lawful purposes.

You agree to use the Service responsibly and in compliance with:

• all applicable laws, regulations, and industry rules;
• these Terms and any related policies referenced in these Terms; and
• third-party rights, including privacy rights, publicity rights, copyrights, trademark rights, and other intellectual property rights.

Prohibited Conduct

You may not use the Service, or assist others in using the Service, to engage in any of the following:

Illegal, Harmful, or Abusive Use

You may not create, upload, request the generation of, publish, distribute, or promote content that is:

• illegal, fraudulent, deceptive, or misleading;
• defamatory, harassing, abusive, hateful, threatening, or intimidating;
• promoting, facilitating, or glorifying violence, criminal activity, terrorism, or other harmful conduct;
• promoting or assisting the sale, use, manufacture, or distribution of illegal drugs, controlled substances, or related unlawful activity;
• sexually explicit, sexually exploitative, or involving non-consensual intimate content;
• sexualizing, exploiting, harming, or otherwise endangering minors;
• graphic, extremely violent, or otherwise highly disturbing;
• infringing or violating third-party rights, including intellectual property rights, privacy rights, publicity rights, or confidentiality rights;
• disclosing another person’s personal, confidential, or sensitive information without lawful authorization or express consent;
• intended to track, intimidate, blackmail, impersonate, extort, or otherwise harm others;
• spreading false information, manipulating public perception, or deceptively and harmfully impersonating a person, brand, institution, or public figure; or
• involving unauthorized deepfakes, unauthorized face swaps, or false associations with real persons, brands, or entities.

Platform Abuse and Improper Technical Use

You may not:

• reverse engineer, decompile, disassemble, copy, or attempt to extract the source code, underlying models, prompts, datasets, or non-public components of the Service;
• use bots, crawlers, scraping tools, scripts, or other automated means to access, monitor, or extract data from the Service unless expressly authorized by us;
• interfere with, disrupt, damage, overload, or impair the operation or security of the Service;
• bypass, disable, evade, probe, or test any technical limitations, security systems, access controls, content filters, or moderation measures;
• use the Service to develop, train, benchmark, or improve any competing product, model, dataset, or service without our prior written consent;
• resell, rent, sublicense, commercially exploit the Service, or provide unauthorized access to the Service to others;
• upload malware, viruses, malicious code, or harmful payloads; or
• use the Service in any way that may expose us, our users, our payment partners, or any third party to legal, regulatory, reputational, or security risk.

User Content

Your Inputs and Content

You may submit prompts, text, images, videos, audio, or other materials to the Service (“Input Content”), and the Service may generate videos, images, audio, text, or other output based on such Input Content (“Output Content”). Input Content and Output Content are collectively referred to as “User Content.”

You are solely responsible for all User Content that you submit, generate, publish, share, or otherwise make available through the Service.

Your Representations and Warranties

You represent and warrant that:

• you own or have obtained all rights, licenses, consents, and authorizations necessary to use the Input Content and to authorize us to process it under these Terms;
• your Input Content, Output Content, and use of the Service will not violate any law, regulation, contract, or third-party right; and
• if your content involves another person’s likeness, voice, image, name, personal data, or other protected attributes, you have obtained all necessary permissions and lawful authorization.

Ownership

As between you and Visiva, and subject to applicable law, these Terms, and any third-party rights, you retain whatever rights you may have in your Input Content and Output Content.

Visiva does not claim ownership of your private Input Content solely because you upload it. However, you grant us the rights below so that we may operate and improve the Service.

License Granted to Visiva

By submitting or generating User Content through the Service, you grant Visiva a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, modify, adapt, display, distribute, and otherwise use such User Content solely for the following purposes:

• providing, maintaining, and operating the Service;
• enforcing these Terms and our safety, anti-abuse, and compliance measures;
• debugging, improving, protecting, and optimizing the Service; and
• complying with applicable laws, regulations, court orders, or lawful requests from competent authorities.

Public Content and Community Display

The Service may allow you to make certain Output Content or other User Content public, including by posting it to a public gallery, community feed, showcase page, or similar area of the platform.

If you choose to make content public, you grant Visiva and its affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable, irrevocable license to host, display, reproduce, adapt, distribute, promote, and create derivative materials based on such public content for the following purposes:

• operating and displaying the Service;
• promoting Visiva and related products;
• improving content discovery, moderation, quality, and platform performance; and
• developing and improving platform functions and related business services.

If you do not wish to grant the rights above, please do not make your content public.

Content Restrictions

Without limiting Section 5, you agree not to upload, request, generate, share, or publish any User Content that is:

• false, deceptive, or materially misleading;
• impersonating a real person without consent;
• falsely suggesting another person’s endorsement, sponsorship, or affiliation;
• depicting or promoting child exploitation, abuse, or improper content involving minors;
• containing graphic dismemberment, serious violent injury, or extreme violence;
• promoting violence, self-harm, terrorism, or dangerous criminal conduct;
• promoting illegal drugs, unlawful substances, or providing methods for their unlawful use, distribution, or manufacture;
• containing explicit nudity, sexually explicit content, or exploitative sexual themes;
• containing unauthorized face swaps, identity falsification, or deceptive biometric imitation;
• making unauthorized use of copyrighted, trademarked, or otherwise proprietary material;
• including another person’s private, personal, medical, financial, or identifying information without permission;
• containing spam, scams, unsolicited promotion, political propaganda, or malicious solicitation;
• containing malicious code, malware, or harmful scripts; or
• otherwise, in our reasonable judgment, creating legal, regulatory, security, ethical, or reputational risk for Visiva, our users, or third parties.

Automated Filtering, Real-Time Scanning, Content Moderation, and Watermarking

To protect users, third parties, payment partners, and the integrity of the Service, Visiva uses automated filtering systems and other content governance measures.

Such measures include, without limitation:

• real-time scanning of user prompts, uploaded materials, and generated outputs;
• keyword detection and rules-based identification;
• automated detection of high-risk or policy-violating requests;
• risk scoring and blocking of suspicious generation requests;
• manual review by moderation or compliance teams of flagged content;
• periodic review of public content and platform functionality; and
• the application of visible watermarks, metadata-based watermarks, content credentials, AI-generated content indicators, or other technical markings to support transparency for AI-generated content.

Visiva has implemented content filtering and detection measures for high-risk categories, including but not limited to terms, prompts, requests, or outputs related to:

• child safety and the exploitation of minors;
• graphic and highly disturbing violent content;
• violence and threats of violence;
• illegal drugs and controlled substance abuse;
• sexually explicit content; and
• illegal deception, impersonation, and privacy violations.

To comply with transparency requirements for AI-generated synthetic content (including under the EU AI Act and similar laws), visual, audio, and audiovisual content generated or substantially modified through the Service will include machine-readable markers (such as metadata-based watermarks or content credentials) identifying the content as AI-generated or AI-modified. Where content constitutes a deepfake or otherwise depicts identifiable persons, places, events, or objects in a manner that could mislead viewers, we will also apply clear and visible disclosures, except where the content is part of an evidently artistic, creative, satirical, or fictional work, in which case the disclosure will be provided in a manner appropriate to such work. These markings are intended to help distinguish synthetic or AI-generated content from non-synthetic content and to reduce the risk of misuse, impersonation, deception, or unauthorized manipulation.

Content, prompts, or requests that are unlawful, high-risk, prohibited under these Terms, or otherwise determined to be unsafe may be blocked, restricted, removed, refused, rate-limited, submitted for further review, watermarked, or reported to relevant authorities where required by law.

Users may not remove, obscure, alter, disable, or attempt to bypass any watermark, metadata marker, content credential, AI-generated content label, or other transparency mechanism applied by Visiva, unless expressly permitted by us in writing or made available through an authorized feature of the Service. Any such attempt is a material violation of these Terms and may result in suspension or termination of your account under Section 11, and may also constitute a violation of applicable laws.

Visiva does not warrant that its filtering, detection, watermarking, or moderation systems will identify or block all prohibited or infringing material, or that watermarks and content credentials will remain detectable across all downstream platforms, conversions, or media transformations. We reserve the right to take the measures above whether or not the content is ultimately published.

Reporting and Enforcement

Visiva provides reporting channels through which users and third parties may report content that may violate these Terms, applicable law, or our policies.

Upon receiving a report, we may:

• review the reported content;
• request additional information;
• remove or restrict access to the relevant content;
• suspend or terminate the relevant account;
• preserve evidence where required by law; and
• notify relevant authorities or affected parties where appropriate or required by law.

Where operationally feasible, we will process reports within a reasonable time. For general abuse reports, we may also provide the outcome by written response or in-platform notification.

Suspension and Termination

We may, at our sole discretion and without liability, suspend, restrict, disable, or terminate your access to the Service if:

• you violate these Terms;
• your use of the Service exposes us to legal, compliance, payment, security, or reputational risk;
• applicable law, regulation, court order, payment processor, or government authority requires us to do so; or
• we suspect fraud, abuse, misuse, or unauthorized activity.

If we believe any User Content violates these Terms or creates risk, we may also remove, block, or disable access to such content at any time.

App Permissions, Updates, and Technical Changes

If you use a mobile application or downloadable software provided by Visiva:

• to the extent permitted by law, we may deploy automatic updates, bug fixes, patches, and security improvements without prior notice;
• certain features may require device permissions, such as access to photos, camera, microphone, notifications, or storage; and
• when you enable such permissions, you authorize the Service to use the relevant device functions in accordance with our Privacy Policy and these Terms.

If you do not wish to grant the requested permissions, certain features may not function properly.

Intellectual Property

Except for User Content, the Service and its software, interfaces, design, branding, logos, compiled content, and all related materials are owned by or licensed to Visiva and/or STARSEA INNOVATION LIMITED, and are protected by copyright, trademark, trade secret, and other applicable laws.

Except as expressly permitted in these Terms, you may not copy, modify, distribute, display, sell, rent, or create derivative works based on any part of the Service.

Third-Party Services

The Service may contain links to, integrations with, or dependencies on third-party services, websites, payment processors, app stores, cloud service providers, or other platforms. We do not control, and are not responsible for, the content, availability, policies, or practices of such third parties.

Your use of any third-party service is governed by that third party’s own terms and policies.

Disclaimer

To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis.

Visiva makes no express or implied warranties, including without limitation that:

• the Service will be uninterrupted, secure, or error-free;
• the Service or any output will always be accurate, lawful, reliable, or fit for your particular purpose;
• filtering, moderation, or detection systems will identify all prohibited requests or outputs; or
• any output will in all circumstances be unique, non-infringing, or fit for commercial use.

Without limiting the foregoing, Visiva does not guarantee that any feature descriptions, example results, demo content, templates, or promotional materials will produce the same or materially similar results for all users or all use scenarios. Differences in output quality, style, accuracy, consistency, motion performance, realism, or usability may result from user input, source materials, parameter settings, technical limitations, moderation systems, feature availability, and model performance. Such differences do not, by themselves, constitute a defect in the Service, a misrepresentation, or a failure of performance.

You are responsible for independently evaluating and determining whether any output is appropriate, lawful, and fit for your intended use.

Limitation of Liability

To the fullest extent permitted by law, Visiva, STARSEA INNOVATION LIMITED, and their affiliates, officers, directors, employees, contractors, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of or inability to use the Service, including without limitation loss of profits, loss of revenue, loss of goodwill, loss of data, or loss of business opportunities.

Indemnification

You agree to defend, indemnify, and hold harmless Visiva, STARSEA INNOVATION LIMITED, and their affiliates, officers, directors, employees, contractors, licensors, service providers, and partners from and against any claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your Input Content, Output Content, or other User Content;
• your use of the Service;
• your violation of these Terms;
• your violation of any law, regulation, or third-party right; or
• your misuse of another person’s image, likeness, voice, identity, or personal data.

Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your information. To process orders, subscriptions, payment verification, refund verification, fraud prevention, abnormal transaction detection, and dispute responses, we may also retain and process necessary account, device, transaction, access, and customer support records in accordance with the Privacy Policy.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”), without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

You and Visiva irrevocably consent to the jurisdiction of the courts of Hong Kong for such disputes.

Contact Information

If you have any questions regarding these Terms, orders, billing, subscriptions, cancellations, refunds, transaction identification, content reports, or account issues, please contact us at:

Company Name: STARSEA INNOVATION LIMITED

Customer Support Email: [email protected]

Address:

For billing identification, renewals, cancellations, or refund questions, we recommend that you first contact customer support where feasible so that we can assist you more efficiently.