Terms of Service

1. Acceptance of Terms

By accessing or using KIVIO ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years old to use this Service. If you are under 18, you represent that you have parental or guardian consent to use the Service.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access.

4. Intellectual Property & Content Rights

4.1 Your Content

When you upload music or other content to the Service ("Your Content"), you retain all ownership rights. By uploading, you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and distribute Your Content for the purpose of operating the Service.

4.2 Rights Attestation (Critical)

By uploading any music or audio content, you attest that:

• You own all rights to the content, OR you have obtained all necessary licenses and permissions to use it.
• Your content does not infringe on any third-party copyrights, trademarks, or other intellectual property rights.
• You have the legal right to grant the licenses described in these Terms.

False attestation may result in immediate account termination and potential legal liability.

4.3 AI-Generated Content

If your content is AI-generated, you affirm that you have the right to use the AI system that created it, and that the output does not infringe on training data copyrights (to the best of your knowledge).

5. Prohibited Conduct

You agree NOT to:

• Upload content you do not have the rights to (pirated music, copyrighted samples without permission, etc.)
• Impersonate any person or entity, or falsely represent your affiliation
• Upload malicious code, viruses, or any harmful software
• Engage in spam, harassment, hate speech, or illegal activity
• Attempt to reverse engineer, decompile, or hack the Service
• Scrape or collect user data without permission
• Use the Service for any commercial purpose without approval

6. Content Moderation & Removal

We reserve the right to remove any content that violates these Terms or applicable laws, at our sole discretion and without prior notice.

We are not obligated to monitor content proactively but will respond to valid copyright claims and community reports.

7. DMCA & Copyright Claims

We comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please submit a DMCA notice as described in our DMCA Policy.

Repeat copyright infringers will have their accounts terminated in accordance with our DMCA policy.

8. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We make no guarantees regarding the accuracy, reliability, or availability of the Service.

9. Limitation of Liability

To the maximum extent permitted by law, KIVIO, its operators, and affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.

This includes, but is not limited to, loss of data, loss of revenue, or copyright infringement claims resulting from user- uploaded content.

10. Section 230 Safe Harbor

KIVIO is a platform for user-generated content. Under 47 U.S.C. § 230 (Section 230 of the Communications Decency Act), we are not liable for content uploaded by users.

We do not endorse, verify, or assume responsibility for any user-uploaded content. Users are solely responsible for their own content.

11. Indemnification

You agree to indemnify, defend, and hold harmless KIVIO and its operators from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property)
• Any content you upload to the Service

12. Termination

We may suspend or terminate your account at any time, with or without notice, for violations of these Terms or any reason at our discretion.

Upon termination, your right to use the Service ceases immediately. We may delete your content and account data.

13. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law.

You waive your right to participate in class-action lawsuits against KIVIO.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

15. Changes to Terms

We reserve the right to update these Terms at any time. We will notify users of significant changes by email or through a notice on the Service.

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

16. Contact Information

For questions about these Terms, please contact us at:
Email: kivioai.com@gmail.com