Terms of Service

1. Scope and Subject of Agreement

1.1 These Terms of Service govern the use of the mobile and web application Kyven (hereinafter "App") as well as the services, application programming interfaces (APIs), and content provided through it.

1.2 By downloading, installing, registering for, or using the App, the user (hereinafter "User" or "You") agrees to these Terms of Service. Conflicting or deviating terms of the user shall not apply.

1.3 The App is exclusively intended for users who are at least 16 years of age. Individuals under 18 years of age require parental or guardian consent to use the service.

2. Service Description & AI Functionalities

Functional Scope

Kyven provides AI-powered creative and productivity tools, specifically including:

• Generation of social media mockups, images, artistic styles, and captions (text).
• AI image manipulation & editing (including avatar generation, business portraits, virtual try-on, object magic, photo restoration, age transformation, and city teleportation).
• AI audio and music generation as well as multi-voice AI podcasts.
• The AI Studio video editor for timeline-based editing.
• Automation services ("Autopilot") for scheduled content generation.
• Community sharing to publish and showcase creations within the App.

Nature of Generative AI Systems

The user acknowledges that content generation is based on stochastic models and third-party artificial intelligence. The provider assumes no liability or warranty for the correctness, authenticity, originality, completeness, or fitness for a particular purpose of any generated results. Asynchronous generation jobs may experience fluctuating processing times and depend on external API availability.

3. Registration, Authentication & Account Security

3.1 Specific features of the App require user authentication (e.g. via Google Sign-In) or binding to a unique device identification.

3.2 The user is obliged to keep login credentials confidential and safeguard them against unauthorized access by third parties.

3.3 To protect our systems from abuse, denial-of-service attacks, and unauthorized automated scraping, the provider deploys robust security safeguards (including Firebase App Check, Play Integrity, and ReCAPTCHA). Access via manipulated clients, reverse engineering, unauthorized automation scripts, or bypassing these security layers is strictly prohibited.

3.4 One Account per Device & Anti-Farming: Each user is permitted to create and operate a maximum of one (1) account per physical end device. Registering or using multiple accounts on the same device—particularly to repeatedly obtain welcome credits, daily rewards, promo bonuses, or to bypass system limits—is strictly prohibited. Any circumventing accounts and hoarded bonus balances are subject to immediate reset and permanent suspension.

4. In-App Currency ("Moodies" / Credits) & Gamification

4.1 Utilizing certain generative services (e.g., music, podcasts, premium profile transformations) consumes usage units ("Moodies" or credits). The exact credit cost is shown in the interface prior to executing a job.

4.2 Moodies can be acquired via in-app purchases or received through promotional events and gamification features (e.g., Daily Spin Wheel).

4.3 Legal Classification: Moodies do not constitute real currency, e-money, or cryptocurrency. They are non-transferable, non-inheritable, and cannot be redeemed, exchanged, or refunded for real legal tender.

4.4 The provider reserves the right to adjust the credit costs for future generations in response to altered server, cloud, or third-party API expense structures.

5. Subscriptions, In-App Purchases & Payment Terms

5.1 The App operates on a freemium model with optional premium tiers (e.g., Pro, VIP) and one-time credit packages.

5.2 Payment Processing: Mobile transactions are processed via the respective app store (Google Play Store via Google Billing / Apple App Store) or through RevenueCat and/or Stripe. Supplementary merchant terms of the respective billing provider apply. Paid subscriptions renew automatically for the selected interval unless canceled prior to the end of the billing period in the user's app store settings.

5.3 Right of Withdrawal (EU Consumers): EU consumers generally enjoy a statutory 14-day right of withdrawal. For digital content and virtual currencies, this right expires prematurely once execution has begun with the user's prior express consent and acknowledgment of loss of the right of withdrawal.

6. User Obligations & Acceptable Use Policy

6.1 The user undertakes to comply with all applicable laws when formulating text prompts ("Topics / Prompts") and uploading media (photos, videos, templates).

6.2 Strictly Prohibited Content: It is explicitly forbidden to enter prompts, upload files, or generate media that:

• Violate applicable laws, penal statutes, or public order;
• Contain pornographic, sexually explicit, gratuitously violent, or hate-speech representations;
• Infringe upon third-party copyrights, trademark rights, or personality rights;
• Constitute non-consensual modifications of real persons (including malicious deepfakes, public defamation, or harassment);
• Involve or manipulate images of minors in an unlawful or inappropriate manner;
• Transmit malware, viruses, harmful code, or manipulated payloads.

6.3 Indemnification: The user agrees to indemnify and hold harmless the provider against any third-party claims arising from a culpable violation of these commitments.

7. Intellectual Property, User Prompts & Outputs

7.1 User Uploads: The user warrants that they hold all required rights and permissions for any uploaded media (e.g. for Virtual Try-On, aging filters, portrait styling) and that no third-party rights are infringed.

7.2 AI Outputs: Insofar as intellectual property or copyright can be recognized in generated output under applicable law, the provider grants the user a simple, worldwide, perpetual right to use their generated outputs for private and commercial purposes (including social media publishing on TikTok, Instagram, X, etc.). The user bears sole responsibility to ensure that the use of outputs does not infringe unfair competition laws, trademarks, or third-party copyrights.

7.3 Community Sharing: When using the "Share to Community" feature, the user grants the provider and other users a royalty-free, worldwide, non-exclusive license to display the post in the community feed and copy or inspect the underlying prompt. The user can revoke this sharing at any time, removing the post from the global community feed.

8. Social Media Interfaces & Third-Party Platforms

8.1 The App offers direct links, intents, and integrations with third-party networks (specifically TikTok, Instagram, X, Facebook).

8.2 Data transmission and content publication on third-party networks are subject exclusively to the terms and privacy regulations of the respective platform. The provider does not guarantee continuous availability or compatibility of third-party APIs and export intents.

9. Limitation of Liability

9.1 The provider is liable without limitation for intentional misconduct and gross negligence, as well as for damages resulting from injury to life, body, or health.

9.2 In cases of slight negligence, the provider is only liable for breaches of essential contractual obligations (cardinal duties), limited to foreseeable, contract-typical damages.

9.3 The provider assumes no liability for loss of data, temporary server outages, latency or generation failures caused by upstream AI providers, or temporary unavailability of the App.

10. Termination & System Abuse Recovery

10.1 The user may terminate their account and usage of the App at any time by deleting their account or uninstalling the App. Active store subscriptions must be canceled directly via the respective app store.

10.2 The provider reserves the right to suspend or permanently ban accounts upon violations of these Terms (in particular Section 6), attempts to manipulate API endpoints, or payment defaults.

10.3 Damage Recovery: Any intentional exploitation of software glitches, execution of unauthorized bulk requests, or balance manipulation gives KYVEN the right to freeze the account, revert improper balances, and claim full indemnification for direct losses and third-party compute costs incurred.

11. Amendments to Terms

11.1 The provider reserves the right to amend these Terms if necessary due to valid reasons (such as statutory changes, feature extensions, or technical revisions).

11.2 Amendments will be communicated to the user with reasonable advance notice in an appropriate manner (e.g. upon launching the app or via update notices). Continued use without objection constitutes acceptance.

12. Final Provisions & Governing Law

12.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws of the user's country of habitual residence remain unaffected.

12.2 Should any individual provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by applicable statutory law.