Terms of Service

The rules of the road, kept simple.

VIVIF.AI – TERMS OF SERVICE Last updated: 2025-12-30

These Terms of Service ("Terms") govern your access to and use of the vivif.ai website and related services (collectively, the "Services") operated by Blackthorn Interstellar LLC ("Blackthorn," "Vivif," "we," "us," or "our"). Please also review our Privacy Policy.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. ABOUT VIVIF.AI

Vivif.ai provides AI-based photo restoration and enhancement tools. You can upload photos and related content (“User Content”) and receive restored, enhanced, colorized, or otherwise processed outputs (“Output”).

The Services are intended for lawful, non-abusive use only. We do not guarantee any particular result, level of quality, or suitability of the Output for your specific purposes.

2. ELIGIBILITY & AGE REQUIREMENTS

2.1 Minimum Age
You must be at least 18 years old to create an account or use the Services. By using the Services, you represent and warrant that you are at least 18.

2.2 Children and Minors in Photos
The Services are not directed to children under 13, and we do not knowingly collect personal information directly from children under 13.

Adults may upload photos that include minors (e.g., family photos) only if they have the legal right to do so (such as being a parent or legal guardian, or having permission from the rights holder).

If you believe a child under 13 has provided personal information directly to us, contact us at l@lii.ifvaaveg so we can delete it.

3. ACCOUNTS

To use some features, you may need to create an account. You agree to:

  • Provide accurate and complete information;
  • Keep your login credentials secure;
  • Not share your account in a way that violates these Terms; and
  • Be responsible for all activity that occurs under your account.

We may, at our discretion, refuse registration, close accounts, or reclaim usernames.

4. USER CONTENT & LICENSES

4.1 Ownership of Your Content
You retain any rights you have in User Content you upload or submit to the Services, and in the resulting Output, to the extent allowed by law and by any third-party rights involved.

4.2 Your Promises About User Content
You represent and warrant that:

  • You have all rights and permissions necessary to upload and process the User Content, including:
  • Rights from the photographer or other copyright holder;
  • Permissions from any individuals depicted in the photos, or from their parent/legal guardian in the case of minors;
  • The User Content does not infringe or violate any copyright, trademark, privacy, publicity, or other rights of any person or entity;
  • The User Content complies with these Terms and all applicable laws.

4.3 License to Operate and Improve the Services
By uploading or otherwise providing User Content to the Services, you grant Blackthorn a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

  • Host, store, process, and reproduce the User Content;
  • Modify and transform the User Content as necessary to provide the Services and generate Output;
  • Use User Content and Output internally for our legitimate business purposes, including:
  • Operating, maintaining, securing, and debugging the Services;
  • Developing, testing, and improving our models, algorithms, and features;
  • Analyzing usage and performance.

We do not publicly display your User Content or Output for marketing or promotional purposes without your separate, explicit permission.

4.4 Public Sharing
At this time, the Services are not designed for public galleries or public sharing of Output. If we introduce such features in the future, they will be clearly labeled and optional, and you will choose whether to make specific content public.

4.5 Backups and Copies
Removed or deleted content may persist for a limited time in backups or logs maintained for security, continuity, and legal purposes.

5. PROHIBITED CONTENT & CONDUCT

You agree that you will not use the Services to upload, generate, request, or distribute any content that:

  • Is illegal, promotes illegal activity, or violates any applicable law or regulation;
  • Infringes any copyright, trademark, or other intellectual property right;
  • Violates privacy or publicity rights or includes sensitive personal data without proper permission;
  • Is hateful, harassing, threatening, discriminatory, or incites violence against any individual or group;
  • Is defamatory, fraudulent, deceptive, or intended to mislead;
  • Attempts to impersonate another person, or to forge or manipulate images for identity theft, fraud, or account takeover (e.g., forging IDs, passports, or documents);
  • Constitutes or involves child sexual abuse material (CSAM) or any sexualized depiction of minors, or any exploitation, endangerment, or abuse of minors;
  • Is sexually explicit, pornographic, or fetish content;
  • Is excessively graphic or gory, glorifies self-harm, or encourages harm to yourself or others.

You also agree that you will not:

  • Attempt to bypass or interfere with any security or access control mechanisms on the Services;
  • Probe, scan, or test the vulnerability of the Services without our prior written consent;
  • Reverse engineer, decompile, attempt to extract source code, or derive underlying models or algorithms, except to the extent such restrictions are prohibited by law;
  • Use automated tools (scrapers, bots, crawlers) to access or collect data from the Services without our prior written permission (excluding standard search engine indexing);
  • Interfere with or disrupt the Services, servers, or networks;
  • Use the Services to send spam, chain letters, or other unsolicited communications.

If we believe content or behavior violates these Terms, harms others, or creates legal risk, we may remove the content and/or suspend or terminate your access.

6. OWNERSHIP OF THE SERVICES & FEEDBACK

The Services, including all software, models, code, interfaces, designs, logos, and other materials, are owned by Blackthorn or our licensors and are protected by intellectual property laws.

Except for the limited rights expressly granted to you in these Terms, we reserve all rights, title, and interest in and to the Services.

If you provide feedback, suggestions, or ideas about the Services, you grant us a royalty-free, perpetual, irrevocable license to use that feedback for any lawful purpose without compensation.

7. SUBSCRIPTIONS, FEES & REFUNDS

7.1 Subscription Model
Certain features of the Services require a paid subscription and/or the purchase of credits (“Credits”). The pricing, plan details, and included usage amounts are shown at the time of purchase.

Subscriptions generally renew automatically at the end of each billing period (e.g., monthly or annually) unless you cancel before the renewal date via your account settings.

7.2 Billing and Payment
By providing a payment method, you authorize us (and our payment processors) to charge the applicable fees and any related taxes for your subscription or Credits.

You agree to keep your billing information accurate and up-to-date.

7.3 Refund Policy – Unused Credits Within 10 Days
Except where required by law, fees are non-refundable except as follows:

  • If you purchase Credits and do not use those Credits, you may request a refund for the unused Credits within 10 days of the purchase date.
  • We may deny a refund request if we reasonably believe there is abuse, fraud, or misuse of the refund policy.

Subscription fees for time already elapsed, used Credits, or Credits consumed to generate Output are not refundable, except where required by law.

7.4 Taxes
Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes, duties, or similar assessments, and we may collect such amounts where required.

8. TERMINATION & SUSPENSION

8.1 Your Right to Stop Using the Services
You may stop using the Services at any time. You can cancel a subscription through your account settings. Cancellation stops future renewals but does not automatically entitle you to a refund, except for unused Credits as described in Section 7.3.

8.2 Our Right to Suspend or Terminate
We may, at any time and in our sole discretion:

  • Suspend or terminate your access to the Services, or
  • Remove or refuse to process any User Content,

for any reason, including but not limited to:

  • Actual or suspected violation of these Terms;
  • Illegal, abusive, or harmful use of the Services;
  • Operational, security, or legal reasons.

8.3 Termination for Any Reason (Our Convenience)
We also reserve the right to end our relationship with you and discontinue providing the Services to you for any reason or no reason at all (“termination for convenience”).

If we terminate your account for convenience (and not due to your breach of these Terms):

  • We will provide a refund for any unused, purchased Credits in your account as of the termination date, calculated in our reasonable discretion based on the original purchase price.
  • Subscription time that has already elapsed or used Credits will not be refunded, unless required by law.

If we suspend or terminate you for breach of these Terms, we are not required to refund any amounts you have paid.

Upon termination, the rights granted to you under these Terms immediately cease, but sections that by their nature should survive (e.g., ownership, disclaimers, limitations of liability, indemnification, dispute resolution) will continue to apply.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Blackthorn, its affiliates, and their respective officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services;
  • Your User Content or Output;
  • Your violation of these Terms or any applicable law or regulation;
  • Your violation of any third party’s rights.

10. DISCLAIMERS

YOUR USE OF THE SERVICES AND ANY OUTPUT IS AT YOUR SOLE RISK.

THE SERVICES AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

  • The Services will be uninterrupted, timely, secure, or error-free;
  • The Output will meet your expectations, be free of artifacts, or be suitable for any particular purpose;
  • Any defects or issues will be corrected.

You are solely responsible for how you choose to use or rely on any Output.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLACKTHORN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
  • ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. DMCA COPYRIGHT POLICY

If you believe that any material available through the Services infringes your copyright, you may send a notice of alleged infringement under the Digital Millennium Copyright Act (“DMCA”) to our designated agent:

DMCA Agent: Blackthorn Interstellar LLC – Legal
Email: ie@avagilvl.if
(Mailing address: see “Contact & Notice Information” below.)

Your notice must comply with 17 U.S.C. § 512(c)(3), including:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing, with sufficient detail for us to locate it;
  • Your contact information;
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
  • Your physical or electronic signature.

We may, in appropriate circumstances, terminate accounts of repeat infringers.

13. DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

13.1 Informal Resolution
Before initiating any formal dispute, you agree to first contact us at .@aleilviivgfa and attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith.

13.2 Agreement to Arbitrate
Except as provided in Section 13.5 (Small Claims) and 13.6 (Injunctive Relief), you and Blackthorn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration, not in court.

The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this agreement.

13.3 Arbitration Rules and Forum
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or other applicable rules) then in effect.
The arbitration will be conducted by a single neutral arbitrator.

13.4 Location and Procedure
Unless you and we agree otherwise, the arbitration will take place in or near Travis County, Texas, or may be conducted remotely (for example, by video conference) as permitted by AAA rules.

The arbitrator may award the same damages and relief that a court could, consistent with these Terms.

13.5 Small Claims Court
Either party may bring an eligible claim in a small claims court of competent jurisdiction in Texas instead of arbitration, so long as the matter remains in small claims court and is brought only in an individual capacity.

13.6 Injunctive Relief & IP
You and we agree that either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access or use of the Services while arbitration is pending.

13.7 Class Action Waiver
YOU AND BLACKTHORN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

13.8 Opt-Out of Arbitration
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending an email to a@vgialief.vil with the subject line “Arbitration Opt-Out” and your full name and email address associated with your account.

If you opt out, disputes will be resolved exclusively in the courts described in Section 14.

14. GOVERNING LAW & VENUE

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles, and by applicable federal law.

Subject to the arbitration agreement in Section 13, any non-arbitrable dispute arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

15. CHANGES TO THE SERVICES OR TERMS

We may update or modify the Services or these Terms from time to time. If we make material changes, we will provide notice (such as by updating the “Last updated” date, posting a notice on the site, or emailing you).

Unless otherwise stated, changes will take effect prospectively as of the date indicated. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

16. MISCELLANEOUS

  • Entire Agreement: These Terms constitute the entire agreement between you and Blackthorn regarding the Services.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets.
  • No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
  • Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Headings: Section headings are for convenience only and do not affect interpretation.

17. CONTACT & NOTICE INFORMATION

Vivifai Customer Support 1750 Prairie City Rd Suite 130 #940 Folsom, CA 95630

Email (legal & DMCA): @.alvviielfiag

PRIVACY POLICY

Please see our Privacy Policy for information about how we collect, use, and share your data.

← Back to Home