Terms of Service

Introduction

Welcome to VividDraw. These Terms of Service ("Terms") govern your access to and use of the VividDraw website and AI-powered image generation services (collectively, the "Service"), operated by VividDraw ("we", "us", or "our").

By creating an account or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Service.

Definitions

• Service: The VividDraw website, API, and all related AI image generation features.
• User: Any individual or entity that accesses or uses the Service.
• User Content: Images, sketches, prompts, masks, and other materials you upload or create using the Service.
• Generated Content: Images produced by the Service's AI models in response to your input.
• Credits: The virtual currency used to pay for AI generations on the Service.
• Account: Your registered user profile on VividDraw.

Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you must have parental or guardian consent. By using the Service, you represent that you meet these requirements.

Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate and complete registration information.
• Use a valid email address that you control.
• Not create an account using false information or on behalf of another person without authorization.

We reserve the right to refuse service to anyone for any lawful reason.

Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Not share your password with any third party.
• Use a strong, unique password.
• Notify us immediately at support@vividdraw.com if you suspect unauthorized access.

You are responsible for all activities that occur under your account. We are not liable for losses resulting from unauthorized access caused by your failure to secure your credentials.

Services

VividDraw provides AI-powered image generation services, including:

• Sketch-guided image generation
• Image inpainting and editing
• Image combining and composition
• Layer-based canvas editing

We strive to provide reliable service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues beyond our control.

AI-Generated Content

You acknowledge and agree that:

• AI Is Not Perfect: Generated images may contain errors, artifacts, or unexpected results.
• Not Guaranteed Unique: AI output may resemble or be similar to content generated for other users.
• No Copyright Guarantee: We do not guarantee that generated images are eligible for copyright protection. The legal status of AI-generated works varies by jurisdiction.
• User Responsibility: You are responsible for reviewing and validating generated content before use.
• AI Transparency: All images generated by the Service are AI-created and should not be represented as human-created work or used for factual claims without verification.
• No Professional Advice: AI-generated content does not constitute professional advice of any kind (legal, medical, financial, or otherwise).

User Content and License

Your Ownership

You retain all rights to your User Content. We do not claim ownership over your sketches, prompts, or generated images.

License to VividDraw

By uploading or creating content on the Service, you grant VividDraw a non-exclusive, worldwide, royalty-free, limited license to store, reproduce, process, transmit, and display your content solely as necessary to:

• Provide the Service (including AI generation)
• Create thumbnails and previews
• Maintain backups
• Perform content moderation
• Debug and improve the Service

This license does not grant us the right to sell your content, use it for advertising, or train AI models on your content. This license terminates when you delete your content or account, except for content shared publicly or retained in backups (which are deleted within 30 days).

Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP constitute a breach of these Terms.

Credits and Payments

Credits

• Credits are virtual currency used to pay for AI generations.
• Credits are not redeemable for cash and have no monetary value outside the Service.
• Credits are non-transferable between accounts.
• Credits do not expire unless otherwise stated at issuance or purchase.
• We may adjust credit pricing at any time with reasonable notice.

Payments

• Payments are processed by Stripe. We do not store your full credit card information.
• All prices are listed in the currency displayed at checkout.
• Applicable taxes are calculated at checkout.
• You are responsible for any currency conversion fees charged by your bank or payment provider.

Refund Policy

Due to the digital nature of our products:

• Credit purchases are generally non-refundable once credits have been consumed.
• If you have not consumed purchased credits and request a refund within 14 days of purchase, we may grant a refund at our discretion.
• Refund requests must be sent to support@vividdraw.com.
• Refunds, if approved, will be processed to the original payment method.

Intellectual Property

Our IP

VividDraw and its original content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws. This includes our:

• Website design and user interface
• Logo and branding
• Software code
• Documentation

You may not copy, modify, or distribute any part of the Service without our prior written consent.

Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant VividDraw a worldwide, royalty-free, perpetual license to use, modify, and incorporate such feedback without restriction or compensation.

DMCA Notice

If you believe content on VividDraw infringes your copyright, send a DMCA notice to legal@vividdraw.com including:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury

Third-Party Services

The Service integrates with third-party services including Replicate (AI inference), Google (authentication), and Stripe (payments). We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of third-party services is subject to their respective terms and policies.

Service Availability

We strive for high availability but:

• The Service is provided on an "as is" and "as available" basis.
• We do not guarantee 100% uptime.
• We may schedule maintenance with reasonable advance notice where possible.
• We are not liable for downtime caused by third-party providers, force majeure events, or circumstances beyond our reasonable control.

Termination

By You

You may delete your account at any time through your account settings.

By Us

We may suspend or terminate your account:

• For violation of these Terms or the Acceptable Use Policy
• For illegal or fraudulent activity
• To comply with legal obligations
• For extended inactivity (at our discretion)
• Without prior notice in cases of severe violations

Effect of Termination

Upon termination:

• Your account is deactivated.
• Your content will be deleted in accordance with our Privacy Policy.
• Unused credits are forfeited and non-refundable.
• Provisions that by their nature should survive termination (e.g., liability limitations) will survive.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of AI-generated content
• Uninterrupted or error-free operation

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• VividDraw and its developers shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability for any claim arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
• We are not liable for damages resulting from AI-generated content, third-party service failures, or data loss.

Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to:

• Natural disasters, severe weather, pandemics
• War, terrorism, civil unrest
• Cyber attacks, internet infrastructure failures, power outages
• Cloud provider or third-party AI provider outages and failures
• Government actions, changes in law, trade embargoes

Indemnification

You agree to indemnify and hold harmless VividDraw and its developers from any claims, damages, or expenses arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of third-party rights

Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and VividDraw regarding your use of the Service. They supersede all prior agreements, communications, or understandings, whether written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not transfer or assign your account or rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or transfer of assets without your consent.

Export Compliance

Your use of the Service must comply with all applicable export control and economic sanctions laws. You represent that you are not located in a jurisdiction subject to comprehensive sanctions or designated as a restricted destination. You may not use the Service if you are a prohibited end user under applicable law.

Governing Law and Disputes

These Terms shall be governed by the laws of Canada, without regard to conflict of law principles.

Any dispute shall be submitted to the competent courts of the province or territory where the Service provider maintains its principal place of business at the time the dispute arises.

For users in the European Economic Area, mandatory consumer protection laws of your country of residence remain unaffected.

Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via:

• Email to your registered address
• A notice on the Service

Continued use after changes take effect constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

Contact

For questions about these Terms of Service:

• Email: support@vividdraw.com
• Legal: legal@vividdraw.com

Version: 1.0 | Effective: 2026-08-03 | Last Updated: 2026-08-03