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Terms of Service

Last Updated: 11/28/2025

1. Acceptance of Terms

By accessing and using XXX AIs and Evoke AI (collectively "the Service") ("we," "our," or "us"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. User Responsibility for Generated Content

YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU GENERATE USING THE SERVICE. This includes but is not limited to:

  • All videos, images, and other media created through Evoke AI
  • Ensuring your generated content complies with all applicable laws and regulations
  • Obtaining necessary rights, permissions, and licenses for any input materials you provide
  • Any consequences arising from the creation, distribution, or use of generated content
  • Ensuring generated content does not infringe on intellectual property rights of others

3. Prohibited Uses

You agree NOT to use the Service to generate content that:

  • Violates any local, state, national, or international law
  • Infringes on intellectual property rights, privacy rights, or other rights of any third party
  • Contains illegal content including child sexual abuse material (CSAM)
  • Promotes violence, terrorism, or harm to individuals or groups
  • Contains malicious code, viruses, or harmful software
  • Impersonates any person or entity without authorization
  • Is used for harassment, stalking, or threatening others
  • Creates deepfakes or misleading content without proper disclosure

4. Credits and Payment

The Service operates on a credit-based system. Credits can be purchased through our payment system.

  • Credits are non-refundable once purchased
  • Credits do not expire but may be subject to account termination policies
  • Different features consume different amounts of credits
  • We reserve the right to modify credit pricing with notice

5. Intellectual Property

You retain ownership of content you generate using the Service. However, by using the Service, you grant us:

  • A license to store, process, and display your content as necessary to provide the Service
  • The right to use anonymized, aggregated data for service improvement
  • Free users grant us the right to add watermarks to generated content

The Service, including its software, algorithms, and branding, is owned by us and protected by intellectual property laws.

6. Disclaimer of Warranties

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
  • Guarantees of accuracy, reliability, or quality of generated content
  • Uninterrupted or error-free service availability
  • Security of data transmission or storage

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any 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
  • Damages resulting from content you generate or actions you take based on generated content
  • Any third-party claims arising from your use of the Service

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Content you generate using the Service
  • Your violation of these Terms
  • Your violation of any rights of another party

9. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Any reason at our sole discretion

10. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada.

12. Contact Information

For questions about these Terms, please contact us at support@xxxais.co or xxxaistudio@gmail.com