Terms of Service

1. Acceptance of Terms & Eligibility

By creating an account, accessing, or using Kivara AI ("Kivara," "the Service," "we," "our," or "us") across our website (kivara.app), Telegram Mini Apps, Telegram bots, or connected APIs, you enter into a legally binding contract and agree to be bound by these Terms of Service.

Age Requirement: You must be at least 13 years of age (or 16 years of age in the European Economic Area or United Kingdom), or the age of legal majority in your jurisdiction, whichever is greater, to access or use the Service. If you are under the legal age of majority in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these terms on your behalf.

2. Description of Service

Kivara AI offers an ecosystem of generative artificial intelligence services, including:

• Interactive roleplay with curated and community-created AI characters.
• Persistent episodic and contextual memory systems powered by retrieval-augmented vector embeddings.
• The Character Builder workstation for authoring, customizing, and publishing AI personas.
• Studio-grade text-to-image synthesis and avatar generation across various aspect ratios.
• Cross-platform synchronization across web browsers and the Telegram ecosystem.

We continually enhance our technology. We reserve the right to deploy updates, adjust model routing, refine features, or modify service availability at any time with or without prior notice.

3. Digital Goods, Subscriptions & Virtual Currencies

Nature of Digital Services: All products, subscriptions, conversation credits, and Telegram Stars transactions provided by Kivara AI constitute non-tangible, intangible digital goods delivered electronically and immediately upon purchase.

• Platform Credits & Tokens: Credits purchased or granted are consumable digital utilities enabling conversational turns and image synthesis. Credits have no cash value, are non-transferable between accounts, and expire only according to specific plan terms.
• Subscriptions: Premium memberships (such as Pro or Unlimited tiers) are billed on a recurring basis (monthly or annually) until cancelled. You may cancel renewal at any time via account settings or through the Telegram payment bot. Access remains active through the end of the paid billing cycle.
• Telegram Stars: In-app purchases via Telegram Stars adhere to Telegram's digital goods framework and are subject to Telegram's Terms of Service in conjunction with these terms.
• Immediate Fulfillment Waiver: By purchasing digital goods or memberships, you consent to immediate electronic delivery and acknowledge that statutory withdrawal rights are waived once the digital service has been rendered, consistent with our Refund Policy.

4. User Accounts, Social Authentication & Security

To access personalized characters, image generation history, and subscriptions, you must maintain an authenticated account:

• Authentication Methods: You may register via email and password, or authenticate through authorized single sign-on providers (Google OAuth and Telegram Login).
• Credential Security: You are solely responsible for maintaining the confidentiality of your credentials and all actions conducted under your account. You agree to notify us immediately at security@kivara.app upon discovering any unauthorized breach.
• Individual Use: Accounts are granted for personal use only. Sharing, renting, transferring, or reselling account access or credits is strictly prohibited.

5. Acceptable Use Policy (AUP) & Prohibited Conduct

We maintain a zero-tolerance policy against malicious, exploitative, and abusive conduct. You agree not to use Kivara AI to generate, transmit, or facilitate:

• Child Sexual Abuse Material (CSAM) or Exploitation (CSAE): Any depiction, generation, or text simulation involving minors in sexually explicit, violent, or exploitative contexts is strictly forbidden and will result in immediate termination and referral to law enforcement and the National Center for Missing & Exploited Children (NCMEC).
• Non-Consensual Imagery & Deepfakes: Synthesizing real persons into sexually explicit, defamatory, or deceptive depictions without explicit documented consent.
• Hate Speech & Violent Extremism: Content promoting genocide, violence, terrorism, self-harm, or targeted harassment against individuals based on race, ethnicity, religion, disability, gender, or sexual orientation.
• Cyberattacks & Malware: Code or instruction sets designed to launch cyberattacks, create computer viruses, or exploit system vulnerabilities.
• Automated Scraping & Platform Abuse: Scraping, spidering, data harvesting, reverse engineering, bypassing rate limits, or launching denial-of-service (DoS) attacks against our infrastructure.

6. Intellectual Property & Content Ownership

Platform Ownership: All rights, title, and interest in the Kivara AI brand, user interfaces, proprietary algorithms, vector recall systems, and software code remain the exclusive intellectual property of Kivara AI.

Your Inputs & Generated Outputs: To the maximum extent permitted by applicable law, as between you and Kivara AI, you retain ownership of the prompts, lore, and text you input ("Inputs"), as well as the images and text responses synthesized for you ("Outputs").

Operating License to Kivara AI: You grant Kivara AI a worldwide, non-exclusive, royalty-free license to host, store, vectorize, transmit, and display your Inputs and Outputs solely to the extent necessary to provide, protect, and maintain the Service (such as rendering chats and maintaining vector memory).

DMCA & Copyright Infringement: We respect intellectual property rights. If you believe any user-created character or public asset on Kivara AI infringes your copyright, submit a takedown notice to our designated copyright agent at copyright@kivara.app with detailed identification of the copyrighted work.

7. Character Builder & Community Catalog

The Character Builder allows creators to author public and private AI personas. When publishing characters to the public community catalog:

• You represent that you have all necessary rights to character descriptions, lore, and avatar artwork.
• Public characters must strictly comply with our Acceptable Use Policy. Characters violating guidelines will be unlisted or removed without notice.
• We reserve the right to curate, categorize, feature, or remove public community characters at our discretion.

8. Payments, Billing & Cancellation

When you purchase credits, subscriptions, or Telegram Stars, you agree to pay all stated fees and applicable taxes. Prices and credit exchange values are subject to change, but changes will not retroactively affect active billing periods.

Refunds & Chargebacks: All sales are final except under the specific conditions defined in our Refund Policy. Initiating an unauthorized chargeback or payment dispute without prior notice will result in immediate suspension of account access.

9. Disclaimers & Nature of Artificial Intelligence

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI Hallucinations & Fiction: Content generated by AI characters is synthetic, probabilistic, and intended for creative, fictional, and entertainment purposes. AI personas may generate inaccurate, contradictory, or fictionalized statements. AI-generated outputs do not constitute professional, medical, psychiatric, legal, or financial advice. Never rely on AI character outputs for life-critical or emergency decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIVARA AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY AI-GENERATED OUTPUTS, OPINIONS, OR BEHAVIOR OF CHARACTERS;
• ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA.

IN NO EVENT SHALL KIVARA AI'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100 USD) OR THE AMOUNT PAID BY YOU TO KIVARA AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kivara AI, its licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Service or your breach of our Acceptable Use Policy.

12. Suspension & Termination

We reserve the right to suspend, restrict, or terminate your account and access to the Service at our sole discretion, without liability or refund, for conduct that:

• Violates these Terms of Service or the Acceptable Use Policy;
• Involves fraud, unauthorized payment disputes, or automated system abuse;
• Exposes Kivara AI or third parties to legal liability or security hazards.

You may terminate your agreement with Kivara AI at any time by deleting your account via the settings interface.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable governing law, without regard to its conflict of law provisions. Before initiating any formal legal proceeding, you and Kivara AI agree to attempt in good faith to resolve any dispute or claim informally for a period of at least thirty (30) days by contacting legal@kivara.app.

14. Modifications to Terms

We reserve the right to modify or replace these Terms of Service at any time. When material changes are made, we will provide notification via the platform banner or email with an updated "Last Updated" timestamp. Your continued use of Kivara AI after changes become effective constitutes your binding acceptance of the revised terms.

15. Contact Information

If you have any questions, legal notices, or feedback concerning these Terms of Service, please contact our legal counsel: