Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of KissMotion (the "Service"), operated by KissMotion ("we," "our," or "us") at aikissvideo.app.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Service Description

KissMotion is an AI-powered video generation service that creates kissing videos from uploaded photos. The Service includes:

• Upload of one or two photos (single or dual image mode)
• AI-generated kissing video creation with multiple style options
• Video preview and download functionality
• Access to example galleries and FAQ resources

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

3. Eligibility and Age Requirements

To use the Service, you must:

• Be at least 13 years old (or 16 in the European Union)
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the Service under applicable laws
• Use the Service in compliance with all local, state, national, and international laws

Important: You may NOT create content involving minors (individuals under 18 years old) in romantic or intimate scenarios. Violations will result in immediate termination and may be reported to authorities.

4. User Responsibilities and Conduct

4.1 Proper Use of Images

You agree that you will only upload images for which you have:

• Ownership or permission: You own the images or have explicit permission from all individuals depicted
• Consent: All individuals in the photos have consented to their use for this purpose
• Legal rights: You have all necessary rights to use and distribute the images

4.2 Prohibited Uses

You agree NOT to use the Service to:

• Create non-consensual content: Upload images of people without their knowledge or consent
• Involve minors: Create romantic or intimate content involving anyone under 18
• Harass or bully: Create content intended to harm, embarrass, or defame individuals
• Spread misinformation: Create deceptive content presented as real without disclosure
• Violate privacy: Upload private or confidential images without authorization
• Infringe rights: Violate intellectual property, publicity, or privacy rights
• Illegal purposes: Create content for illegal, fraudulent, or malicious purposes
• Explicit content: Create pornographic or sexually explicit material
• Hate content: Create content promoting hate, violence, or discrimination
• Commercial exploitation: Use the Service for unauthorized commercial purposes without proper licensing

4.3 Responsible Content Sharing

If you share generated videos:

• Clearly disclose that the content is AI-generated
• Do not present AI-generated content as authentic footage
• Respect the privacy and dignity of all individuals depicted
• Comply with platform-specific rules where you share the content

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to images you upload. By using the Service, you grant us a limited, temporary license to:

• Process your images solely for the purpose of generating your requested video
• Use your images only during the generation process
• Automatically delete your images immediately after video generation

We do NOT claim ownership of your uploaded images or use them for any other purpose, including AI model training.

5.2 Generated Videos

For videos generated by our Service:

• Personal Use: You have full rights to use generated videos for personal, non-commercial purposes
• Commercial Use: Commercial use requires explicit written permission. Contact us at [email protected] for licensing
• Attribution: While not required, we appreciate attribution when sharing publicly

5.3 Our Service

All aspects of the Service, including but not limited to:

• The KissMotion name, logo, and branding
• Website design, layout, and user interface
• AI models and algorithms
• Software, code, and technology
• Documentation, tutorials, and support materials

are owned by KissMotion or our licensors and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without express written permission.

6. Disclaimers and Limitations

6.1 Service "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:

• Accuracy, reliability, or quality of generated videos
• Uninterrupted or error-free operation
• Specific results or outcomes
• Fitness for a particular purpose
• Merchantability

6.2 AI-Generated Content Limitations

You acknowledge and understand that:

• AI-generated videos may contain artifacts, imperfections, or unrealistic elements
• Results may vary based on input image quality and complexity
• The AI cannot perfectly replicate human behavior or emotions
• Generated content should not be presented as authentic footage
• We do not guarantee specific quality levels or results

6.3 Third-Party Content

The Service may contain links to third-party websites or resources. We are not responsible for:

• The availability, accuracy, or content of third-party sites
• Third-party privacy practices or terms of service
• Any damages resulting from third-party interactions

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KISSMOTION SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless KissMotion, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your uploaded content or generated videos
• Your violation of any applicable laws or regulations

9. Termination and Suspension

9.1 Our Rights to Terminate

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Engaging in prohibited uses
• Creating harmful or illegal content
• Fraudulent or abusive behavior
• Legal or regulatory requirements

9.2 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• All provisions of these Terms that should survive termination will remain in effect
• You remain responsible for any violations that occurred before termination

10. Dispute Resolution

10.1 Informal Resolution

Before filing a formal claim, please contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

10.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except:

• Small claims court proceedings (if eligible)
• Intellectual property disputes
• Injunctive relief requests

10.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a member of any class action or representative proceeding.

11. General Provisions

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

11.2 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through the Service or via email if we have your contact information. Continued use after changes constitutes acceptance.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KissMotion regarding the Service and supersede all prior agreements and understandings.

11.5 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12. Contact Information

If you have questions about these Terms or the Service, please contact us: