Terms of Service

Terms of Service

Effective Date: September 4, 2024 Last Updated: November 5, 2025 (DMCA Policy Added)

1. Agreement to Terms

By accessing or using GQV.ai (available at https://GQV.ai/, "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service operated by GQV.ai ("us", "we", "our", or "Company").

2. Description of Service

GQV.ai (https://GQV.ai/) is an AI character content creation platform that provides:

  • AI Character Creation: INSTANT characters (90 seconds) and IMAGE_LORA training (professional LoRa models for visual consistency)
  • Image Generation: AI-powered image generation with character consistency across multiple scenes and styles
  • Video Generation: Text-to-video and image-to-video capabilities with multiple resolution and duration options
  • Advanced Tools: Motion Transfer (animate static images), Style Transfer (content style generation)
  • Enhancement Tools: Portrait refinement, skin upscaling, AI image editing, and image-to-prompt analysis
  • Gems Payment System: Pay-as-you-go pricing with gems (1-180 gems per generation) and automatic refunds on failure

3. User Accounts

3.1 Account Creation

  • You must provide accurate, complete, and current information
  • You are responsible for safeguarding your account credentials
  • You must notify us immediately of any unauthorized access
  • One person or legal entity may not maintain multiple accounts

3.2 Account Responsibilities

  • You are responsible for all activity under your account
  • You must be at least 13 years old (16 years old in the European Union) to create an account
  • Zero Tolerance Policy: Any generation of child sexual abuse material (CSAM) or child exploitation content will result in immediate account termination and law enforcement notification
  • Business accounts require appropriate authorization
  • Account suspension may occur for violations of these Terms

3.3 Account Termination

  • You may delete your account at any time
  • We may suspend or terminate accounts for Terms violations
  • Termination does not relieve you of obligations incurred before termination
  • Some provisions of these Terms survive account termination

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service to:

  • Create and train AI characters (INSTANT and IMAGE_LORA models)
  • Generate images and videos featuring your AI characters
  • Use advanced tools like Motion Transfer and Style Transfer
  • Enhance and refine AI-generated content with professional tools
  • Use generated content for commercial and personal purposes (social media, marketing, design, etc.)

4.2 Prohibited Uses

You may not use our Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Generate harmful, illegal, or inappropriate content
  • Attempt to reverse engineer our systems
  • Distribute malware or conduct cyberattacks
  • Spam or harass other users
  • Violate third-party AI model terms of service
  • Bypass rate limiting or access controls

4.3 Content Guidelines

  • Generated content must comply with our Community Guidelines
  • No generation of hate speech, violence, illegal, or harmful content
  • Respect intellectual property and privacy rights (no unauthorized use of real person's likeness or copyrighted characters)
  • Style Transfer Warning: Style Transfer tool is for creative purposes only. Do NOT use copyrighted images, photos of real individuals, or brand characters without proper authorization
  • No creation of misleading, deceptive, or synthetic media content intended to harm, deceive, or impersonate real individuals without authorization
  • Report inappropriate content to our moderation team

5. Intellectual Property Rights

5.1 Our Content

  • GQV.ai and its original content remain our intellectual property
  • Our trademarks, logos, and service marks are protected
  • Software code, algorithms, AI models, and design elements are proprietary
  • You may not copy, modify, or create derivative works without permission

5.2 User Content

  • You retain ownership of AI characters, images, videos, and content you create
  • You grant us a license to host, display, and improve our Service
  • You represent that you have rights to all content you upload (including training images for characters)
  • We may remove content that violates these Terms

5.3 AI-Generated Content Ownership and Liability

⚠️ CRITICAL WARNING: Your Copyright Responsibility

READ THIS CAREFULLY - This applies to ALL content you create using our Service:

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR:

✗ Training Images: Ensure you own or have permission to use ALL images uploaded for character training (IMAGE_LORA)

✗ Reference Content: Verify you have rights to ANY reference images or videos used in Style Transfer or Motion Transfer

✗ Source Materials: Confirm you have legal authorization to use copyrighted content, real person's likeness, brand characters, or viral content

✗ Generated Content: Review all AI-generated content for potential copyright issues before publishing or commercial use

✗ Legal Consequences: You may face legal action, fines, or criminal charges for copyright infringement in your jurisdiction

PROHIBITED - You May NOT Use Content Without Authorization:

❌ Photos or videos of real individuals (e.g., famous actors, singers, influencers)

❌ Copyrighted characters

❌ Professional photography or artwork (e.g., stock photos, gallery art)

❌ Viral content or trending videos (unless you own the rights)

❌ Brand logos, trademarks, or commercial imagery

❌ Other people's social media content without permission

CRITICAL WARNINGS:

⚠️ "Viral" or "trending" content is usually copyrighted. Just because millions of people shared it doesn't mean you can use it.

⚠️ "Fair use" is NOT a free pass. Fair use is a complex legal defense determined by courts, not by you or us.

⚠️ AI generation does NOT grant you copyright. If you generate content based on copyrighted material, you may still be infringing.

⚠️ Synthetic Media Compliance: Creating deceptive or unauthorized synthetic media content (such as unauthorized impersonation of real individuals, misleading political content, or identity fraud materials) may violate:

  • Criminal fraud and impersonation statutes
  • Synthetic media disclosure laws (e.g., California AB 602, Texas HB 3754)
  • Publicity rights and personality rights laws
  • Platform terms of service prohibiting manipulated media

Such violations may result in civil liability, criminal prosecution, and immediate account termination.

IF YOU VIOLATE COPYRIGHT:

  1. We will remove your content immediately upon receiving a valid DMCA notice
  2. You may be banned after repeated violations (see our DMCA Copyright Policy)
  3. Copyright owners may sue you directly for damages (potentially thousands or millions of dollars)
  4. You agree to indemnify us (Section 13) and cover our legal costs if we're sued because of your infringement

WE DO NOT:

❌ Pre-approve your content for copyright compliance

❌ Verify that you have rights to uploaded materials

❌ Provide legal advice on fair use or copyright law

❌ Guarantee that AI-generated content is original or non-infringing

❌ Accept liability for your copyright violations

For detailed copyright policies and DMCA procedures, see: DMCA Copyright Policy

Bottom line: If you don't own it or have permission to use it, don't upload it to our platform. When in doubt, consult a lawyer.

Your Ownership: Subject to these Terms, you own the AI-generated images, videos, and characters you create using our Service.

Your Responsibilities: YOU ARE SOLELY RESPONSIBLE FOR:

  • Ensuring your generated content does not infringe third-party intellectual property rights (copyrights, trademarks, publicity rights)
  • Obtaining necessary rights and permissions for any reference images, training data, or source materials you upload
  • How you use generated content, especially for commercial purposes
  • Compliance with applicable laws regarding AI-generated content in your jurisdiction

Prohibited Uses - Copyright Infringement: You may NOT use our Service to:

  • Generate content based on copyrighted characters without authorization
  • Create unauthorized synthetic media impersonating real individuals (celebrities, public figures, or private persons) for deceptive, harmful, or commercial purposes
  • Replicate viral content or artworks that are protected by copyright without permission
  • Use our Style Transfer tool with copyrighted source images without authorization

Our Limited Role: We are a technology platform that provides AI generation tools. We do NOT:

  • Create, review, approve, or control the content you generate
  • Monitor all user-generated content before creation
  • Endorse or verify the legality of your generated content
  • Act as a legal advisor on copyright or intellectual property matters

No Warranty of Originality: AI models are trained on large datasets and may occasionally produce outputs similar to existing works. WE DO NOT GUARANTEE that AI-generated content is:

  • Original or unique
  • Free from third-party intellectual property rights
  • Suitable for commercial use without further verification
  • Compliant with all applicable laws in your jurisdiction

DMCA Compliance and Reporting Copyright Infringement:

We comply with the Digital Millennium Copyright Act (DMCA) and similar laws worldwide.

For Copyright Owners: If you believe content generated through our Service infringes your copyright, please submit a DMCA takedown notice following the procedures in our DMCA Copyright Policy.

Required Information:

  • Identification of your copyrighted work
  • Location of the infringing content on GQV.ai (URL, username, character ID, generation ID)
  • Your contact information and signature
  • Statements required by 17 U.S.C. § 512(c)(3)

Submit DMCA notices to: support@gqv.ai

Response Time: We will review and respond to valid DMCA notices within 1-3 business days.

Counter-Notices: If your content is removed and you believe it was a mistake, you may file a counter-notice as described in our DMCA Copyright Policy.

Repeat Infringer Policy (Three Strikes):

  • First violation: Warning and content removal
  • Second violation: Temporary account suspension (7-30 days)
  • Third violation: Permanent account termination

We reserve the right to immediately terminate accounts for egregious copyright violations.

Complete DMCA procedures and policies: DMCA Copyright Policy

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, GQV.AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any copyright infringement, trademark violations, or publicity rights violations arising from your use of AI-generated content
  • Any claims, damages, or legal costs resulting from your distribution or commercial use of generated content
  • Any third-party claims alleging that your generated content infringes their intellectual property rights

You agree to indemnify and hold GQV.ai harmless from any such claims.

6. Privacy and Data Protection

6.1 Privacy Policy

  • Our Privacy Policy governs how we collect and use your information
  • By using our Service, you consent to our privacy practices
  • We comply with GDPR, CCPA, and other applicable privacy laws
  • Google Sign-In authentication is used solely for account access (we do not access your Google data)

6.2 Data Security

  • We implement industry-standard security measures
  • Data is encrypted in transit and at rest
  • Regular security audits and assessments
  • Incident response procedures for data breaches

6.3 User Data Rights

  • Access, correct, or delete your personal information
  • Export your data in machine-readable formats
  • Restrict processing or object to certain uses
  • Lodge complaints with supervisory authorities

7. Google Sign-In Authentication

7.1 Authentication Only

  • We use Google Sign-In solely for account authentication via OAuth 2.0
  • We do NOT access, store, or use any of your Google account data (Gmail, Drive, Calendar, etc.)
  • We only receive your basic profile information (name, email, profile picture) to create your account
  • Authentication is handled securely through Google's servers
  • We never store or have access to your Google password

7.2 Your Rights

  • You can revoke our access to your Google account at any time via your Google Account settings
  • Multi-factor authentication is supported if enabled on your Google account
  • You can delete your GQV.ai account independently of your Google account

8. Gems Payment System and Pricing

8.1 Gems-Based Pricing

GQV.ai uses a pay-as-you-go Gems system for AI generation services. Current pricing is available at: https://GQV.ai/pricing

Gem costs vary by:

  • Feature type (character creation, image/video generation, advanced tools)
  • Complexity (resolution, duration, AI model used)
  • Processing requirements

All gem costs are clearly displayed BEFORE you confirm any generation. You will always see the exact cost before gems are deducted from your account.

8.2 Purchasing Gems

  • Gems can be purchased in packages through our payment processor
  • Gems are non-refundable once purchased (but refunded automatically if generation fails)
  • Gems do not expire unless your account is terminated
  • Pricing and gem packages may change with 30 days notice
  • Promotional gem bonuses may be offered periodically

8.3 Automatic Refunds

  • Generation Failures: Gems are automatically refunded if AI generation fails due to technical errors
  • Service Errors: Gems refunded for server errors or service unavailability during generation
  • No Refunds For: User-initiated cancellations, content policy violations, user errors, or repeated abuse of the refund system
  • Anti-Abuse: Accounts found to be intentionally triggering failures or abusing automatic refunds may be suspended
  • Refunded gems are credited back to your account immediately

8.4 Optional Subscription Plans (If Available)

  • Pro/Lifetime Plans: May offer gem discounts, exclusive features, or monthly gem allowances
  • Subscription terms, if offered, will be clearly displayed at purchase
  • Subscriptions are billed in advance and auto-renew unless cancelled
  • Cancel subscriptions at any time from account settings (effective at end of billing period)

8.5 Payment Processing

  • All payments are processed securely by Stripe, Inc.
  • Stripe is PCI DSS Level 1 certified for maximum security
  • We do not store payment card information on our servers
  • Stripe's terms of service and privacy policy apply to payment processing
  • Supported payment methods include major credit cards and digital wallets
  • All prices are exclusive of applicable taxes

9. Service Availability and Limitations

9.1 Service Availability

  • We strive for 99.9% uptime but cannot guarantee uninterrupted service
  • Scheduled maintenance may cause temporary unavailability
  • Third-party AI model availability may affect our Service
  • Emergency maintenance may be performed without notice

9.2 Rate Limits and Usage

  • Usage limits apply based on subscription tier
  • Rate limiting prevents abuse and ensures fair access
  • Excessive usage may result in temporary restrictions
  • Enterprise customers may request higher limits

9.3 Service Modifications

  • We may modify, suspend, or discontinue features
  • 30-day notice for significant changes when possible
  • Continued use constitutes acceptance of modifications
  • Alternative features may be provided for discontinued services

10. Technology Infrastructure and Service Providers

10.1 Platform Technology

Our Service is built using the following technologies:

  • Frontend Framework: Next.js 15 with React for optimal performance and security
  • Hosting Platform: Vercel for reliable, scalable deployment and global CDN
  • Database: Neon PostgreSQL for secure, serverless data storage
  • Payment Processing: Stripe for PCI DSS compliant payment handling
  • Authentication: Better-auth for secure user authentication and session management

10.2 Infrastructure Partners

We rely on trusted infrastructure partners to deliver our Service:

10.2.1 Vercel (Hosting and Deployment)

  • Provides application hosting, deployment, and global edge network
  • Enterprise-grade security and SOC 2 Type II compliance
  • Automatic SSL/TLS encryption and DDoS protection
  • Performance optimization and global content delivery

10.2.2 Neon (Database Services)

  • PostgreSQL database hosting with enterprise security
  • Automatic backups and point-in-time recovery
  • Data encryption at rest and in transit
  • Serverless architecture for optimal performance

10.2.3 Stripe (Payment Processing)

  • PCI DSS Level 1 certified payment processor
  • Secure handling of all payment transactions
  • Fraud detection and prevention systems
  • Global payment method support

10.3 Service Dependencies

Our Service functionality depends on these third-party providers:

  • Service availability may be affected by third-party infrastructure
  • We maintain service level agreements with critical providers
  • Backup systems and redundancy measures are in place
  • We will notify users of significant service impacts

11. Third-Party AI and External Services

11.1 AI Service Providers

Our Service integrates with third-party AI services for image generation, video generation, and character training, including:

  • Flux Dev - Image generation
  • Kling - Video generation
  • WaveSpeed - Video processing and advanced features
  • Seedream - Character creation and editing
  • Other specialized AI engines as needed

Data Sharing: Your training images, reference images, prompts, and generation requests are sent to these third-party AI services as necessary to provide our features.

Third-Party Terms: Each AI service provider has their own terms of service and data usage policies that may apply to your content.

Service Availability: We are not responsible for third-party AI service availability, performance, or outputs. Generation quality depends on third-party AI infrastructure.

11.2 External Links and Services

  • Our Service may contain links to third-party websites
  • We are not responsible for third-party content or practices
  • Use of external services is at your own risk
  • Third-party privacy policies and terms apply

12. Disclaimers and Limitation of Liability

12.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 Infrastructure Disclaimers

  • Service availability depends on third-party infrastructure providers (Vercel, Neon, Stripe)
  • We are not liable for service interruptions caused by infrastructure partners
  • Next.js framework and related technologies are provided "as-is"
  • Performance may vary based on geographic location and internet connectivity

12.3 AI-Generated Content Disclaimers

  • AI outputs may contain errors, biases, or inaccuracies
  • Generated content may not be suitable for all purposes
  • Verification and review of AI outputs is your responsibility
  • We do not guarantee originality or non-infringement

12.4 Limitation of Liability

IN NO EVENT SHALL GQV.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID FOR THE SERVICE (INCLUDING GEMS PURCHASES) IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless GQV.ai and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Violation of these Terms
  • Infringement of third-party rights
  • Content you create or share

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Delaware, United States (for US-based users) or your local jurisdiction's laws (for international users), without regard to conflict of law principles.

14.2 Dispute Resolution Process

  1. Informal Resolution: Contact us to attempt resolution
  2. Mediation: Non-binding mediation if informal resolution fails
  3. Arbitration: Binding arbitration for unresolved disputes
  4. Small Claims Court: Available for qualifying claims

14.3 Class Action Waiver

You agree to resolve disputes individually and waive participation in class actions or collective proceedings.

15. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

  • Natural disasters or acts of God
  • Government actions or regulations
  • Internet infrastructure failures (Vercel, Neon, Stripe outages)
  • Cyberattacks or security incidents
  • Pandemics or public health emergencies
  • Third-party service provider failures

16. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.

17. Changes to Terms

17.1 Modification Process

  • We may update these Terms periodically
  • Material changes communicated 30 days in advance
  • Continued use constitutes acceptance of changes
  • Previous versions available upon request

17.2 Notification Methods

We will notify you of material changes through email notifications to registered users, prominent notices on https://GQV.ai/, in-app notifications for significant changes, and by updating the "Last Modified" date at the top of these Terms.

18. Contact Information

18.1 Contact Information

For all inquiries including general support, legal notices, security concerns, business partnerships, enterprise sales, and media requests, please contact us at support@GQV.ai. Our team will route your inquiry to the appropriate department.

You can also visit our website at https://GQV.ai/contact for additional support options.

18.2 Response Times

We are committed to responding promptly to your inquiries. General inquiries receive responses within 48 hours, while urgent security matters receive priority response within 24 hours.

19. Definitions

  • "Content" means AI characters, images, videos, training data, and other materials created or uploaded by users
  • "User" means any person or entity using our Service
  • "AI Service" means third-party artificial intelligence systems we integrate with for generation services
  • "Personal Data" has the meaning given in applicable privacy laws
  • "Service" means GQV.ai platform and all related services
  • "Gems" means the virtual currency used to pay for AI generation services on our platform

Effective Date: September 4, 2024

By using GQV.ai (https://GQV.ai/), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

For questions about these Terms, please contact us at support@GQV.ai.