Terms of Service

"Platform" means the Aively websites, applications, APIs, tools, and services.

"User Content" means all text, images, prompts, artwork, styles, characters, LoRA models, model outputs, metadata, or other materials uploaded, trained, or generated by a user.

"Creator" means any user who publishes content or products for sale on the Platform.

"Published Asset" means any User Content made available for sale or remix on the Platform.

"Remix" means a derivative work generated using one or more existing Published Assets. Each Remix has a single parent for royalty lineage purposes; other contributing assets are recorded as metadata contributors and do not create additional lineage edges.

"Idenome Protocol" means Aively's proprietary attribution, lineage, and royalty allocation system governing remix relationships, generation depth tracking, and payout distribution.

"Royalty Booster" means a per-model entitlement, granted by subscription tier, that increases the boosted model's Gen-0 remix micro-royalty share. Royalty Boosters do not create separate accounts, businesses, royalty pools, or economic units. When a subscription lapses, assigned Royalty Boosters become inactive (paused) rather than deleted, and reactivate automatically upon subscription restoration.

"Token" means a unit of Platform credit used to generate images. One Token equals one Sandbox generation; Remix generations consume two Tokens. Tokens included with subscription tiers expire at the end of each monthly billing cycle and do not roll over. One-time Token grants to Free-tier users do not expire.

"Token Pack" means a purchasable bundle of Tokens available to any user regardless of subscription tier.

"Sandbox Image" means any image generated in the Playground or non-commercial environment.

"Fulfillment Provider" means independent third-party manufacturers and shippers, including but not limited to Printful.

"Generation" or "Gen" means the ordinal position of an asset within a remix lineage chain, beginning at Gen-0 (the original trained model output) and extending through Gen-5 (the maximum remix depth).

"Sliding Window" means the royalty distribution method in which, for any given transaction, royalties are allocated to Gen-0 and the four (4) most recent ancestors of the transacting asset, regardless of absolute generation depth.

2.1 You must be at least thirteen (13) years old to use the Platform.

2.2 Users under eighteen (18) require verified parental consent to make purchases, receive paid features, or earn royalties.

2.3 Accounts belonging to users under thirteen (13) will be terminated and associated data deleted in compliance with COPPA and our Privacy Policy.

2.4 You are responsible for safeguarding your credentials and all activity under your account.

2.5 You agree the information you provide is accurate and you will keep it current.

2.6 Each natural person may maintain only one (1) account. Creating multiple accounts to circumvent tier limits, promotional caps, or enforcement actions is prohibited and may result in termination of all associated accounts.

3.1 Subscription Tiers

Subscription tiers control feature access, Royalty Booster capacity, training slot allocation, monthly Token allowances, and royalty weighting patterns. The current tiers are Free, Creator, and Pro. Tier-specific details (including pricing, Token allocations, and feature access) are published on the Platform's pricing page and incorporated by reference.

3.2 LoRA / Style / Character Training

Model training fees are published on the Platform pricing page. Training pipeline options and their associated fees may be updated from time to time in accordance with Section 3.6.

3.3 Tokens and Generation Credits

3.4 Billing

Subscriptions auto-renew monthly. Refunds are available only for unused services within forty-eight (48) hours, except where required by law.

3.5 Promotional Credits

Promotional credits have no cash value, are non-transferable, expire after six (6) months, and are capped at $50 per user per twelve-month period. Creating multiple accounts or otherwise attempting to obtain additional promotional value is prohibited.

3.6 Price Changes

Aively may change pricing prospectively with thirty (30) days' notice on the Platform or by email.

4.1 You retain ownership of your User Content, subject to the licenses granted herein.

4.2 You grant Aively a worldwide, non-exclusive, royalty-free license to host, store, display, remix, distribute, and create derivative works solely for Platform operation, moderation, analytics, promotion, and legal compliance.

4.3 You grant other users the right to remix Published Assets pursuant to these Terms and the Idenome Protocol.

4.4 Removing or unpublishing content disables future remixing but does not retroactively alter attribution history, lineage records, or past royalty distributions. Unpublishing is a visibility control; underlying data necessary for lineage integrity is retained.

4.5 You acknowledge Aively may retain limited copies for a reasonable period for fraud prevention, lineage integrity, backups, legal compliance, or defense of claims.

4.6 Deleting a trained model causes all assets generated from that model to stop earning royalties. The assets remain visible on the Platform but are excluded from future royalty participation.

If you provide suggestions, ideas, feedback, or recommendations ("Feedback"), you grant Aively a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, incorporate, and exploit such Feedback for any purpose without compensation or attribution.

You represent and warrant that: (a) you own or control all rights necessary to upload, train on, and publish User Content; (b) your User Content does not infringe or violate any third-party rights, including intellectual property, privacy, and publicity rights; (c) your use of the Platform complies with these Terms and applicable law; and (d) training images you provide do not contain content you are not authorized to use for AI model training. You agree to indemnify Aively as set forth in Section 19.

7.1 General Structure

All attribution, royalty calculations, and remix economics are governed exclusively by the Idenome Protocol. Royalties accrue at generation time for micro-royalties and at order fulfillment for print-on-demand sales, regardless of whether the generating asset is subsequently published, unpublished, or modified.

7.2 Proprietary Mechanics

The formulas, coefficients, decay curves, weighting logic, sliding window parameters, and tier modifiers used by the Idenome Protocol are proprietary trade secrets and may be prospectively adjusted as Platform features evolve. Adjustments apply only to future transactions; past payouts remain unchanged.

7.3 Remix Lineage

Each Remix maintains a single-parent relationship for royalty lineage purposes. Other contributing assets (including secondary LoRA models used in generation) are recorded as metadata contributors but do not create additional lineage edges or royalty-bearing tree relationships. The remix tree represents royalty lineage only.

7.4 Royalty Distribution

Royalties for both micro-royalties and print-on-demand sales are distributed using a unified sliding window algorithm. For any given transaction, royalties are allocated across Gen-0 and the four (4) most recent ancestors of the transacting asset, using a fixed proportional schedule. Ancestors beyond the sliding window do not receive royalties for that transaction.

7.5 Royalty Booster Effect

A Royalty Booster increases the boosted model's Gen-0 micro-royalty share by the applicable percentage. The boost applies only to remix micro-royalties (not print-on-demand royalties) and only to the Gen-0 position. Booster percentages may vary by subscription tier.

7.6 Founder Designation

Certain creators may be designated by Aively as Founder-level creators, a status granted solely at Aively's discretion. Founder-level creators participate in a distinct royalty weighting curve that decays across remix generations but remains superior to royalty shares allocated to downstream generations of the same asset. Founder parameters are confidential and not publicly disclosed.

7.7 Subscription Tier Effect

A user's current subscription tier controls the royalty weighting applied to all of that user's existing Published Assets and all future remixes derived from them. Upgrades or downgrades affect future royalty calculations only. Past payouts remain unchanged.

7.8 Inactive Models and Royalty Eligibility

Models not assigned to an active Royalty Booster slot remain visible and remixable on the Platform but do not earn remix micro-royalties. Print-on-demand royalties are paid to model creators regardless of Booster status. When a model's Booster is inactive, its share of remix micro-royalties is redistributed proportionally among the remaining active ancestors in the lineage chain; excluded shares do not revert to the Platform.

7.9 Pruning & Enforcement

Assets or users removed for violations are pruned from future royalty participation without retroactive payout adjustment.

7.10 Maximum Remix Depth

The Platform supports a maximum remix generation depth of five (5). Derivatives beyond Gen-5 are ineligible for further remixing or royalty participation.

8.1 Royalties accrue only after shipment (for print-on-demand) or after generation (for micro-royalties), subject to a fraud-prevention buffer period.

8.2 Stripe Connect is required for payouts. Users are responsible for completing all Stripe verification requirements.

8.3 Minimum payout threshold is $10 USD.

8.4 Aively may delay or withhold payouts due to disputes, chargebacks, suspected fraud, or policy violations.

8.5 Users with negative balances due to refunds, chargebacks, reversals, or enforcement actions must resolve such balances before receiving future payouts.

8.6 Unclaimed funds may escheat in accordance with California law.

8.7 All royalty payouts are final and non-refundable once disbursed.

9.1 Sandbox Images are non-commercial and excluded from the Idenome Protocol.

9.2 Sandbox Images may not be sold, published, remixed, or exported at full resolution.

9.3 Sandbox content is temporary and may be deleted without notice.

9.4 Users may not commercially use Sandbox Images or any screenshots, reproductions, or derivatives made from them. Users may recreate similar content for publication only through new, independent generation using the Platform's publishing tools.

9.5 Aively may watermark, resolution-restrict, or apply other technical measures to Sandbox Images to prevent extraction or misuse, and you may not circumvent such measures.

9.6 Aively logs Sandbox activity for moderation and abuse prevention purposes.

10.1 Users may not commercially exploit, sell, license, sublicense, or distribute any Aively-generated or Aively-derived content outside the Platform without written authorization or an active license. This prohibition includes, without limitation, resale on third-party marketplaces, use in paid advertising campaigns, minting as NFTs, or use as training data for external AI models.10.1 Users may not commercially exploit, sell, license, sublicense, or distribute any

10.2 Users may display their own Published Assets on personal social media accounts, portfolios, and non-commercial websites for promotional purposes, provided such display includes attribution to Aively (e.g., "Made on Aively" or a link to the asset on the Platform) and does not enable third parties to download, reproduce, or commercially exploit the content.

10.3 Violations of this Section may result in DMCA takedowns, termination, royalty forfeiture, and recovery of damages including attorneys' fees and investigative costs.

11.1 Aively may display lineage information, generation depth, and anonymized royalty ranges for Published Assets.

11.2 Users may control visibility options where available through account settings. When visibility is disabled, data appears as anonymized ranges.

11.3 No personal payment details, bank information, or government identification are disclosed.

11.4 Displayed data exists solely for creative lineage context and royalty transparency.

12.1 Content Violations

(a) Content that infringes any third-party intellectual property, trademark, or publicity rights; (b) use of celebrity likeness for false endorsement or unauthorized commercial exploitation; (c) sexual content involving minors, extreme violence, or content that violates applicable law; (d) attempts to bypass, circumvent, or evade content filters, moderation systems, or technical protections; (e) content intended to replicate real persons without authorization.

12.2 Behavioral Violations

(a) Fraud, manipulation, or misrepresentation; (b) artificial inflation of sales, likes, engagement metrics, or remix counts; (c) multi-account creation to evade enforcement, circumvent tier limits, or obtain additional promotional value; (d) false defect or damage claims; (e) use of Aively outputs to train external AI models without authorization; (f) scraping, automated extraction, harvesting, or reverse engineering of Platform data, content, or APIs; (g) circumvention of API rate limits, DRM protections, watermarks, or anti-scraping measures; (h) attempts to manipulate the Idenome Protocol, royalty calculations, or Booster mechanics.

12.3 Technical Protections

Aively may implement technical measures including watermarks, throttling, anti-scraping tools, CLIP-based similarity detection, and automated content moderation. You may not disable, circumvent, or interfere with such measures. Violations of this Section constitute material breach and may result in immediate termination and legal action.

13.1 Aively employs automated systems (including AI-based NSFW detection, IP similarity analysis, prompt filtering, and visual classification) and, where necessary, manual review to enforce content policies. Generation is not blocked by moderation; publishing is the hard gate requiring moderation approval.

13.2 Users may appeal content removals or moderation decisions within ten (10) business days of notification by contacting support@aively.com with supporting documentation.

13.3 Aively will use commercially reasonable efforts to resolve appeals within thirty (30) business days. Status updates will be provided if resolution is delayed.

13.4 Automated systems may produce false positives. Users bear the burden of demonstrating compliance through the appeal process.

13.5 All moderation and enforcement actions are logged for audit and compliance purposes.

14.1 Only verified manufacturing or printing defects are eligible for remediation, including misprints, off-center printing, incorrect items received, and manufacturing flaws present before shipment.

14.2 Subjective dissatisfaction, post-delivery damage, minor color variance, sizing issues, or misuse are excluded.

14.3 Fraudulent claims may result in termination and royalty forfeiture.

15.1 Aively is a marketplace and payment processor, not a manufacturer or shipper. All physical products are produced and shipped by independent Fulfillment Providers.

15.2 Aively charges customers directly as the merchant of record. Creators are never billed for fulfillment costs.

15.3 Orders are submitted to Fulfillment Providers after payment validation.

15.4 Delivery estimates are provided by Fulfillment Providers and are not guaranteed by Aively.

15.5 Products are custom-made; no standard returns apply.

15.6 Cancellations are only possible before production begins.

15.7 Carrier delays, losses, customs issues, incorrect addresses, or shipping errors are outside of Aively's control and are the responsibility of the shipping carrier and, where applicable, the customer.

15.8 Approved refunds or replacements void all associated royalties for that order.

15.9 Aively's total liability for any print-on-demand order is limited to platform fees earned from that order.

15A.1 All sales are final except verified defects, misprints, incorrect items received, or items damaged in transit.

15A.2 Claims must be submitted within fourteen (14) days of delivery confirmation with photographic evidence including close-up defect photo, full-item photo, packaging photo, and shipping label photo.

15A.3 Aively determines eligibility at its sole discretion based on evidence and fulfillment provider requirements.

15A.4 Approved claims may result in replacement or refund to the original payment method.

15A.5 Returns are generally not required unless requested by the fulfillment provider.

15A.6 Approved refunds void all associated royalties for that order.

15B.1 Chargebacks may result in immediate temporary suspension pending investigation.

15B.2 Aively may recover chargeback amounts and fees via royalty offsets or account balance adjustments.

15B.3 Fraudulent or abusive chargebacks may result in permanent termination and forfeiture of future earnings.

15B.4 Chargeback fees imposed by payment processors may be passed through to the responsible user where permitted by law.

16.1 AI-generated outputs may contain inaccuracies, artifacts, biases, or unintended content. Users acknowledge and accept such limitations.

16.2 Aively does not guarantee that AI-generated content will be free from similarities to existing copyrighted works, trademarks, or likenesses. Users are solely responsible for reviewing generated content before publication or commercial use.

16.3 AI model capabilities, quality, and availability may change as underlying model providers update their systems. Aively does not guarantee continuity of any specific AI model or output quality.

16A.1 AI models used by the Platform may be developed by third parties and may have been trained on large datasets containing publicly available images, licensed datasets, open-source datasets, and synthetic training data. Aively does not claim ownership of, and makes no representation regarding the origin, composition, or licensing of, the underlying training data used by third-party model providers.

16A.2 To the extent any claim arises from the training data or architecture of a third-party AI model, such claim is between the claimant and the model provider. Aively's role is limited to providing a platform that utilizes such models for user-directed content generation.

16A.3 User-uploaded training images for LoRA model creation are used solely for the purpose of training the user's custom model on the Platform. Aively does not incorporate user training images into any base model, share them with third-party model providers, or use them for any purpose other than creating the user's requested custom model and associated content moderation.

16B.1 Aively provides tools that enable users to generate content using AI models. Aively does not pre-screen, select, curate, or endorse any particular AI-generated output. Users direct the generation process through their prompts, model selections, and creative choices.

16B.2 Aively shall not be held liable for any claim arising from the content of AI-generated outputs, including but not limited to claims of intellectual property infringement, defamation, right of publicity violations, or similarity to existing works, except to the extent Aively itself directed or specifically intended the generation of the allegedly infringing content.

16B.3 Users assume full responsibility for reviewing, approving, and publishing AI-generated content. The act of publishing content on the Platform constitutes the user's representation that they have reviewed the content and believe it does not violate any third-party rights or applicable law.

The Platform may introduce new features, services, content types, economic systems, creative tools, or media formats over time, including but not limited to video, audio, music, educational content, 3D assets, interactive experiences, and collaborative tools. These Terms apply to all current and future Platform features and services unless separate terms are expressly provided for a specific feature. Where separate terms apply, they will be presented to you before you access the applicable feature and will be incorporated by reference into these Terms.

17.1 The Platform may integrate or rely upon third-party services (including Stripe, Fulfillment Providers, cloud infrastructure, and AI model providers). Third-party services are not under Aively's control and may be subject to their own terms and policies.

17.2 Aively is not responsible for third-party service interruptions, errors, delays, or actions, and disclaims liability arising from third-party services to the maximum extent permitted by law.

17.3 The Platform may contain links to third-party websites. Aively does not control and is not responsible for those websites or content.

18.1 Designated Agent

• Aively DMCA Compliance Team
• 2108 N St STE N, Sacramento, CA 95816 USA
• Email: dmca@aively.com

18.2 Notice of Claimed Infringement

To be effective under 17 U.S.C. § 512(c)(3), a notice must include: (a) physical or electronic signature of the rights-holder or authorized agent; (b) identification of the copyrighted work claimed infringed; (c) identification of the allegedly infringing material and its location on the Platform; (d) contact information; (e) a statement of good-faith belief the use is unauthorized; and (f) a statement under penalty of perjury that the notice is accurate and the sender is authorized.

18.3 Counter-Notice (17 U.S.C. § 512(g))

A counter-notice must include: (a) your signature; (b) identification of removed or disabled content and its former location; (c) a statement under penalty of perjury that removal was due to mistake or misidentification; and (d) your name, address, telephone number, and consent to jurisdiction in the appropriate federal district court, and acceptance of service of process.

18.4 Repeat Infringers

Three valid DMCA notices against a user within any twelve-month period constitute repeat infringement. Aively may terminate accounts of users determined to be repeat infringers, in its sole discretion.

18.5 Effect on Derivatives

Upon a valid DMCA notice, affected assets and their downstream derivatives may be removed or disabled. Associated royalties may be forfeited. Users who built upon removed content in documented good faith may submit an appeal pursuant to Section 13.2.

18.6 Misrepresentations

Knowingly false notices or counter-notices may result in liability under 17 U.S.C. § 512(f) and may result in account termination.

19.1 Use of the Platform is governed by the Aively Privacy Policy, including any disclosures relating to biometric processing.

19.2 The Platform may process facial geometry embeddings solely for character validation and content moderation. Such embeddings are used for accuracy verification only and are deleted after validation is complete. By uploading images containing faces for training purposes, you consent to this limited biometric processing.

19.3 California residents may exercise their rights under the California Consumer Privacy Act (CCPA) by contacting privacy@aively.com.

19.4 Aively does not sell personal information as defined under the CCPA.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Aively and its affiliates, officers, directors, employees, contractors, and agents from claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to: (a) your User Content, including any intellectual property claims arising from content you uploaded, trained on, or published; (b) your use or misuse of the Platform; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) products sold through the Platform featuring your User Content.

THE PLATFORM, ALL CONTENT, AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

AIVELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

AIVELY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow certain warranty disclaimers, so some or all of the above may not apply to you.

To the maximum extent permitted by law:

21A.1 Aively is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, goodwill, or data.

21A.2 Aively's total liability for claims arising out of or relating to the Platformis limited to the greater of: (a) $100, or (b) fees paid by you to Aively in the twelve(12) months preceding the event giving rise to the claim.

21A.3 For print-on-demand orders, Aively's liability is additionally limited as described in Section 15.9.

22.1 Binding Arbitration

Except for the exceptions in Section 22.2, any dispute, claim, or controversy arising out of or relating to your use of the Platform under these Terms, any payment made or received through the Platform, or Aively's provision of services under these Terms will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

22.2 Exceptions

Either party may bring an individual action in small claims court and may seek injunctive relief for intellectual property infringement.

22.3 No Class Actions

You and Aively agree to bring claims only in an individual capacity. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations are not permitted. Nothing in this Section limits any right to seek public injunctive relief where such a limitation is prohibited by applicable law.

22.4 Venue

Arbitration will take place in Los Angeles County, California, unless otherwise required by law.

22.5 Arbitration Opt-Out

22.6 Discovery

To the maximum extent permitted by applicable law, discovery in arbitration shall be limited to that permitted by the AAA Consumer Arbitration Rules and as determined appropriate by the arbitrator.

22.7 Arbitration Fee Payment

Aively will use commercially reasonable efforts to timely pay arbitration fees required for arbitration to proceed.

Upon verified written request to privacy@aively.com, Aively will provide users with an export of their account data and transaction history in a reasonably portable format within thirty (30) days. Proprietary system data, trade secrets, Idenome Protocol internals, and any information that would compromise other users' rights or Aively's intellectual property are excluded from such exports.

Aively may update these Terms with thirty (30) days' notice for material changes via email or in-app notification. The revised Effective Date will be indicated. Continued use after the effective date constitutes acceptance.

You may not assign or transfer these Terms without Aively's prior written consent. Aively may assign these Terms and its rights and obligations without restriction.

Your use of certain features may be subject to additional terms, policies, rules, or guidelines posted on the Platform (including pricing pages, creator guidelines, API terms, and policy pages). Those additional terms are incorporated by reference and form part of these Terms.

You may not use the Platform in violation of U.S. export control or sanctions laws, including those administered by the Department of Commerce and the Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country or entity prohibited by such laws. Access from prohibited jurisdictions is forbidden.

28.1 Aively is not liable for failures due to events beyond reasonable control, including but not limited to outages of AI model providers, Fulfillment Providers, cloud infrastructure, payment processors, natural disasters, pandemics, government orders, war, terrorism, or labor disputes.

28.2 Performance is excused for the duration of the event plus a reasonable recovery period.

28.3 If a force majeure event continues for ninety (90) days, either party may terminate the affected services without liability beyond obligations accrued prior to the event.

29.1 Aively may suspend or terminate accounts for violations, fraud, multi-account abuse, or conduct detrimental to the Platform.

29.2 Termination does not affect enforcement rights, dispute resolution provisions, or necessary data retention for lineage integrity and compliance.

29.3 Upon termination, your right to access the Platform ceases immediately. Earned but unpaid royalties above the minimum payout threshold will be disbursed within sixty (60) days, subject to any holds or offsets permitted under these Terms.

Sections 4 through 7, 10 through 16C, 18 through 22, and 25 through 31 survive termination or expiration of these Terms.

If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1-800-952-5210.

A.1 Advisal Language

A.2 Styling Requirements

B.1 Hohenshelt/SB 707 Compliance

Under CCP §1281.98, failure to pay arbitration fees within thirty (30) days of the due date constitutes material breach, allowing the consumer to withdraw from arbitration and pursue litigation with potential mandatory sanctions.

B.2 Immediate Setup Required

B.3 Payment SLA

B.4 Backup Payment Method

Maintain a dedicated credit card for emergency arbitration payments. Ensure credit limit covers typical AAA fees ($200–$3,000 range). Never allow the card to expire or reach its limit.

Legal Readiness: Publication-Ready

Recommended: California attorney final review of Section 22 under current case law before publication.