These Terms of Use (“Terms”) govern your access to and use of all applications (“Apps”) produced by
Chevvi Pty Ltd (the “Company,” “we,” “us,” or “our”). By accessing
or using our Apps, you agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy. If you do
not agree to these Terms, you must immediately cease using our Apps and delete your account.
2. Eligibility and Acceptance
Use of our Apps is available only to individuals who are of legal age in their respective jurisdictions. By accessing or using our Apps, you represent
and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the obligations set forth herein. Your
continued access to and use of our Apps constitutes your acceptance of these Terms.
3. License and Access
The Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Apps for personal and commercial
purposes in accordance with these Terms. You agree not to use the Apps for any purpose other than those expressly permitted by us.
Any use, reproduction, or modification of any part of our Apps not expressly authorized herein is strictly prohibited. The Company reserves all rights
not expressly granted to you under these Terms.
4. User Conduct and Content Guidelines
Prohibited Uses: You agree not to use our Apps to generate, distribute, or promote content that:
Contains hate speech, incites violence, or promotes discrimination against any individual or group.
Is sexually explicit, pornographic, or otherwise objectionable under applicable law.
Involves illegal activities or any content that violates local, state, national, or international laws.
Is defamatory, libelous, or intended to harass, intimidate, or harm another person.
Violates any intellectual property or proprietary rights of any third party.
Engages in any activity that the Company, in its sole discretion, deems to be in violation of these Terms.
API Abuse and Unauthorized Access: You agree not to:
Access or use (or attempt to access or use) any of our Apps in a manner intended to improperly manipulate, disrupt, or overload the associated
APIs or infrastructure.
Attempt to bypass any security or authentication mechanisms of the Apps, including making unauthorized API calls or reverse engineering any part
of our software or protocols.
Systematically collect, scrape, or extract data, content, or information from the Apps through any automated means not authorized by the Company.
Engage in any fraudulent, abusive, or otherwise illegal activities that could compromise or degrade the performance of the Apps or the experience
of other users.
Termination for Violations: The Company reserves the right to immediately suspend or terminate your access to our Apps if we
determine, in our sole discretion, that you have violated these Terms or engaged in any prohibited conduct. In the event of termination for such
violations, any purchased credits shall be deemed non-refundable.
5. Generated Content
Our Apps may employ artificial intelligence or other automated technologies to generate video and/or audio content based on user inputs. The quality,
accuracy, and reliability of such content may vary, and you acknowledge that results may not always be error-free or suitable for your intended
purpose.
Ownership of the AI-generated content is retained by the user who created it. The Company does not claim any ownership rights in the content generated
through the use of our Apps.
You acknowledge that you are solely responsible for the use, distribution, and any consequences arising from the generated content, and you agree not
to hold the Company liable for any claims or damages resulting therefrom.
You represent and warrant that you have all necessary rights, licenses, and permissions to use and distribute the content you generate through our
Apps, including compliance with any third-party terms or intellectual property rights.
6. Account Types and Data Collection
Guest Account: Users opting for a guest account do not provide any personally identifiable information (“PII”). An
anonymous account identifier is generated solely for tracking purchases, processing refunds, and conducting analytics, including API usage for
debugging, improvement, and prevention of API abuse.
Permanent Account: Users who create a permanent account must provide their first name, last name, and email address. This PII is used
solely for account management and is retained for the duration of your account. Notwithstanding the collection of PII, all account tracking and
analytics are performed using an anonymous identifier.
With your explicit consent via the App Tracking Transparency framework, our Apps may access your Identifier for Advertisers (IDFA) to deliver
personalized content and advertisements tailored to your interests.
7. Credit System, Refunds, and Payments
Our Apps operate on a credit-based system for video generation. All transactions are subject to our Refund Policy. Credits that have
been partially or fully used are non-refundable. Furthermore, if your account is terminated due to a violation of these Terms, any purchased credits
will not be eligible for a refund.
8. Intellectual Property Rights
All intellectual property rights in our Apps, including but not limited to software, design, text, and graphics, are owned by the Company or its
licensors. The content generated by users through the Apps is not owned by the Company; however, you may not infringe upon or violate the intellectual
property rights of any third party while using the Apps.
9. Disclaimer of Warranties
THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APPS WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPS, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE
APPS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, FOR ACCESS TO OR USE OF THE APPS DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO
SUCH LIABILITY.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against
any claims, losses, liabilities, damages, judgments, awards, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a)
your use of the Apps, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, or (d) any content you generate or
distribute through the Apps.
12. Modifications to the Terms
The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting within our Apps or by other
means of notification. Your continued use of our Apps after such modifications constitutes your acceptance of the revised Terms. If you do not agree
with the modifications, you must discontinue using the Apps and terminate your account.
13. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or
claims), shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated (unless otherwise
required by applicable law). You agree that any disputes shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction.
Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain
breach of these Terms.
14. Termination
The Company reserves the right to terminate or suspend your access to our Apps at any time if, in our sole discretion, we determine that you have
violated these Terms. In the event of such termination, any purchased credits will not be refunded. Termination of your account shall not limit any of
the Company’s rights or remedies at law or in equity.
15. Additional Provisions
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced to the fullest extent under law.
No Waiver: The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or
provision.
Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable
control, including but not limited to acts of God, war, terrorism, riots, embargoes, fire, floods, accidents, or strikes.
Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and
the Company with respect to the Apps and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, without our
prior written consent. The Company may assign these Terms at any time without notice to you.
Headings: Headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
16. Contact Information
For any questions, concerns, or notices regarding these Terms, you may contact us at:
support [at] chevvi [dot] com