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TERMS OF SERVICE

Last updated: January 2025

1. Acceptance of Terms

By accessing or using INQUVA ("the Platform", "we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services. These terms constitute a legally binding agreement between you and INQUVA.

2. Description of Service

INQUVA is an AI-powered platform that enables users to create virtual characters ("AI Influencers") and generate digital content. The Platform uses artificial intelligence technology to generate images, text, and other content based on user inputs. All generated content is synthetic and created by AI algorithms.

3. Eligibility

You must be at least 18 years of age to use this Platform. By using INQUVA, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these terms.

4. 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:

  • Provide accurate and complete registration information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

5. AI-Generated Content

You acknowledge and agree that:

  • All content generated by INQUVA is created by artificial intelligence and is entirely synthetic
  • AI-generated characters do not represent real individuals
  • Generated content may not be used to impersonate real people, deceive others, or create non-consensual intimate imagery
  • You are solely responsible for how you use and distribute AI-generated content
  • INQUVA does not guarantee the accuracy, quality, or suitability of generated content for any particular purpose

6. Intellectual Property Rights

Your Content: You retain ownership of content you create using our Platform. By using INQUVA, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and process your content solely for the purpose of providing our services.

Generated Content: Subject to these Terms, you own the rights to the AI-generated content you create using your paid subscription. Free tier users receive a limited license to use generated content.

Platform IP: INQUVA retains all rights to the Platform, including its technology, algorithms, designs, and trademarks.

7. Prohibited Uses

You agree NOT to use INQUVA to:

  • Create content depicting real individuals without their explicit consent
  • Generate illegal, harmful, threatening, abusive, defamatory, or obscene content
  • Create non-consensual intimate or sexual imagery
  • Impersonate others or create deepfakes intended to deceive
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of third parties
  • Distribute malware or engage in phishing activities
  • Circumvent any technological measures we use to protect the Platform
  • Create content that promotes violence, discrimination, or hatred
  • Use the Platform for any fraudulent or deceptive purposes

8. Payments and Subscriptions

Paid subscriptions are billed in advance on a monthly basis. Coins included in your subscription expire at the end of each billing cycle and do not roll over. You may cancel your subscription at any time, but no refunds will be provided for partial months.

We reserve the right to modify pricing with 30 days notice. Continued use after price changes constitutes acceptance of new pricing.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INQUVA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages resulting from your use or inability to use the Platform
  • Any content generated by the AI or user actions
  • Any third-party claims arising from your use of generated content

Our total liability shall not exceed the amount you paid to INQUVA in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless INQUVA, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of third parties; (d) any content you create, upload, or distribute using the Platform.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Content Moderation

We reserve the right to review, moderate, and remove any content that violates these Terms or that we deem inappropriate at our sole discretion. We may suspend or terminate accounts that violate our policies without notice or refund.

13. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with applicable arbitration rules. You waive any right to participate in class action lawsuits or class-wide arbitration. This arbitration agreement shall survive termination of these Terms.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or Platform notification at least 30 days before taking effect. Continued use of the Platform after changes constitutes acceptance of modified Terms.

15. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall survive.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where INQUVA is incorporated, without regard to conflict of law principles.

17. Contact Information

For questions about these Terms, please contact us at: legal@inquva.com