Terms of Service

Last Updated: January 27, 2025

1. Acceptance of Terms

By accessing and using Art Alive ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Art Alive is a mobile application that uses AI technology to transform children's drawings into animated videos. The Service is provided on a subscription or pay-per-use basis.

3. Account Registration

To use Art Alive, you must:

• Be at least 18 years old or have parental/guardian consent
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

4. Pricing and Payment

Animation Credits: Art Alive uses "Magic Charges" (credits) to process animations. Credits are purchased through:

• One-Time Packs: Credits that never expire
• Monthly Subscriptions: Recurring credits refreshed monthly

Subscriptions:

• Automatically renew unless canceled before the renewal date
• Can be canceled anytime; cancellation takes effect at the end of the current billing period
• Unused monthly credits do not roll over

Refunds: We offer refunds within 7 days of purchase if no credits have been used. Refunds for used credits are at our discretion.

5. Use of Service

You agree to:

• Use the Service only for personal, non-commercial purposes
• Not upload content that is illegal, offensive, or infringes on third-party rights
• Not attempt to reverse engineer, hack, or circumvent the Service
• Not use the Service to create content for resale or commercial distribution
• Not share your account with others

6. Content Ownership and License

Your Content: You retain ownership of the drawings you upload. By using the Service, you grant us a license to process, store, and display your content solely to provide the Service.

Generated Animations: You own the animations created from your drawings. You may use them for personal purposes, including sharing with friends and family.

Our Technology: All AI models, software, and technology remain our exclusive property.

7. AI Processing

Our AI technology processes your drawings to create animations. While we strive for quality results:

• Animation quality may vary based on drawing complexity and clarity
• We do not guarantee specific results or animation quality
• Credits are consumed regardless of output quality
• We may improve our AI over time, which could affect animation styles

8. Prohibited Content

You may not upload drawings that contain:

• Violent, graphic, or disturbing imagery
• Sexually explicit or inappropriate content
• Hate speech or discriminatory content
• Copyright or trademark violations
• Personal information of minors (except when used by parents/guardians)

We reserve the right to remove prohibited content and suspend accounts that violate these terms.

9. Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. We may:

• Perform maintenance that temporarily limits access
• Modify or discontinue features with notice
• Suspend Service for technical or security reasons

10. Privacy and Data

Your use of Art Alive is also governed by our Privacy Policy. We are committed to protecting your data and do not sell personal information.

11. Intellectual Property

Art Alive, including all software, logos, and branding, is protected by copyright and trademark laws. You may not copy, modify, or distribute our intellectual property without permission.

12. Limitation of Liability

To the maximum extent permitted by law:

• Art Alive is provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the past 12 months
• We are not responsible for loss of data, though we take reasonable precautions

13. Indemnification

You agree to indemnify and hold Art Alive harmless from claims arising from your use of the Service, violation of these terms, or infringement of third-party rights.

14. Account Termination

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or abusive behavior
• Request account deletion

Upon termination, you lose access to your account and unused credits. Completed animations may be deleted after a grace period.

15. Changes to Terms

We may update these Terms of Service. Significant changes will be communicated via email or app notification. Continued use after changes constitutes acceptance.

16. Governing Law

These terms are governed by the laws of the jurisdiction where Art Alive operates. Disputes will be resolved through binding arbitration or in appropriate courts.

17. Contact Information

For questions about these Terms of Service, contact us at:

Email: contact@magicsmokestudio.com

18. Severability

If any provision of these terms is found invalid, the remaining provisions remain in effect.

19. Entire Agreement

These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and Art Alive.