Terms of Service

By accessing or using Vivid Moments (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the Service. These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you confirm that you are at least 18 years old, or that you are at least 13 years old and have obtained verifiable parental consent.

Vivid Moments is a web-based Progressive Web Application (PWA) that allows users to upload personal photographs and receive AI-generated cinematic transition videos ("Content"). Core features include:

• Photo upload
• AI-powered video generation
• Video playback, download, and sharing
• A freemium token model

The Service is provided as-is. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3.1 Anonymous Sessions

You may use the Service without creating an account. Anonymous sessions are identified by a secure cookie and expire after 30 minutes of inactivity. Anonymous sessions are provisioned one (1) free token and provide access to the core generation flow. Videos generated in anonymous sessions are retained for 24 hours from generation and then permanently deleted.

3.2 Google Sign-In

To download, share, or purchase additional tokens, you must sign in using Google OAuth 2.0. By signing in, you:

• Authorise us to receive your Google account email address and profile information solely for authentication and account management purposes
• Consent to the promotion of your anonymous session to an authenticated account, preserving all session data
• Acknowledge that your authenticated session remains valid for up to 30 days of inactivity

3.3 Account Responsibilities

You are responsible for maintaining the security of your Google account. We are not liable for any loss or damage arising from unauthorised access to your account. You must notify us immediately at support@vivid-moments.video if you suspect any unauthorised use.

4.1 Token System

The Service operates a token-based model. One (1) token is required per transition between adjacent photos. Tokens govern both the number of transitions and the number of uploadable photos.

4.2 Payments

All payments are processed through Stripe, Inc. By purchasing tokens, you agree to Stripe's Terms of Service. We do not store, handle, or have access to your payment card information. All purchases are subject to the following:

• Non-refundable: All token purchases are final and non-refundable except as required by applicable law or as described in Section 4.3.
• No expiry: Purchased tokens do not expire and remain available in your authenticated account indefinitely.
• Currency: All prices are listed in US Dollars (USD). Your bank or card provider may apply additional conversion fees.
• Taxes: Prices do not include applicable taxes. You are responsible for any sales, use, VAT, or similar taxes imposed by your jurisdiction.

4.3 Refund Policy

We will issue a refund for unused purchased tokens within 14 days of purchase if you contact us at support@vivid-moments.video and have not used any of the tokens in the package. We reserve the right to deny refund requests that we determine, in our sole discretion, are abusive or fraudulent.

5.1 Your Content

You retain full ownership of all photographs and other materials you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free licence to store, process, and transform your User Content solely for the purpose of providing the Service to you. This licence terminates when your Content is deleted per the retention schedule in Section 5.3.

5.2 Content Restrictions

You agree not to upload or transmit any User Content that:

• You do not own or have the right to use
• Violates the privacy, publicity, or intellectual property rights of any third party
• Depicts minors in any way that is sexual, exploitative, or that could be used for grooming
• Is defamatory, obscene, harassing, threatening, or otherwise objectionable
• Contains malware, viruses, or other harmful code
• Violates any applicable law or regulation

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these restrictions or is otherwise inappropriate, without prior notice.

5.3 Data Retention

Uploaded images

Deleted 7 days from each file's individual upload date, regardless of auth state.

Anonymous user videos

Deleted 24 hours from the time of generation.

Authenticated user videos

Deleted 7 days from the time of generation.

Session data (anon)

Expires after 30 minutes of inactivity.

Session data (auth)

Expires after 30 days of inactivity.

5.4 Generated Videos

Videos generated by the Service are derived works that incorporate your User Content processed through the AI model. You own the output videos to the extent permitted by applicable law. We claim no ownership over generated videos. However, we cannot guarantee that generated videos are entirely free of third-party intellectual property claims. You use generated videos at your own risk.

5.5 Our Intellectual Property

The Service, its design, interface, branding, and underlying technology (excluding User Content and generated videos) are owned by Vivid Moments and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, or create derivative works from any part of the Service without our prior written consent.

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Attempt to circumvent, reverse-engineer, or tamper with the Service's security measures, token system, or API
• Use automated tools, bots, or scripts to access the Service without our express written consent
• Upload photos of individuals without their consent (or the consent of their legal guardian if a minor)
• Use the Service to generate content that is misleading, deceptive, or intended to harm others
• Attempt to exceed upload limits or manipulate token balances through client-side means
• Use the Service in any way that could damage, overload, or impair our infrastructure

Violations of this section may result in immediate suspension of your access without refund of any unused tokens.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. Please review the Privacy Policy carefully.

8.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 AI-Generated Content

AI-generated video output may contain unexpected, inaccurate, or undesirable results. We make no representations regarding the quality, accuracy, or suitability of generated videos for any particular purpose. You are solely responsible for reviewing generated Content before downloading, sharing, or using it.

8.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $10 USD.

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination: (a) your right to use the Service ceases immediately; (b) we will delete your User Content in accordance with Section 5.3; (c) any unused purchased tokens are forfeited without refund, subject to Section 4.3.

You may discontinue use of the Service at any time. Anonymous sessions expire automatically on inactivity.

These Terms are governed by the laws of the US, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures in Fremont, California, or conducted remotely at your election. Notwithstanding this, either party may seek injunctive relief in a court of competent jurisdiction.

If you are a consumer resident in the European Union or United Kingdom, mandatory consumer protection laws in your jurisdiction may provide you with rights that cannot be waived by these Terms.

We may update these Terms from time to time. When we make material changes, we will notify you by email or in-app notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights.
• Assignment: You may not assign these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms freely.
• Contact: For questions about these Terms, contact us at support@vivid-moments.video.