Terms and Conditions

Effective as of August 21, 2024

1. Introduction

AI Digital, LLC (“LiveImage.AI,” “we,” “our,” or “us”) operates LiveImage.AI, an AI-powered content generation platform. These Terms and Conditions (“Terms”) govern your access to and use of our website at www.liveimage.ai, along with our related websites, hosted applications, mobile applications, and other services provided by us (collectively, the “Service”).

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING LIVEIMAGE.AI’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LIVEIMAGE.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. Service Overview

LiveImage.AI specializes in generating photorealistic artificial intelligence (“AI”) images and videos of real people. Our Service uses advanced AI algorithms, including our AI Image Generator, to analyze uploaded source materials (such as self-images, videos, and audio) and create new, AI-generated content. This content can appear to speak, move, or behave in ways specified by the user. Users can upload various self-images to the Service, which our AI tools use to produce AI-generated images and videos. These AI-generated outputs can be customized with different backgrounds, poses, and styles, allowing users to create the perfect photograph or video for their needs. Users can utilize these AI-generated images and videos for their own purposes, whether personal or professional.

3. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

4. Accounts and Registration

To access most features of the Service, you must create an account. This can be done either directly through our platform or by connecting to the Service through a third-party account (e.g., Facebook or Google) (each, a “Third-Party Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

When you connect a Third-Party Account to the Service, you are submitting to LiveImage.AI your login credentials for such Third-Party Account (“Third-Party Account Credentials”). By providing LiveImage.AI with your Third-Party Account Credentials, you are authorizing LiveImage.AI to act on your behalf to retrieve information from the applicable Third-Party Account for purposes of providing the Service under these Terms.

You are responsible for ensuring that your Third-Party Account Credentials have been shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under LiveImage.AI’s control and LiveImage.AI is not responsible for any actions taken by third parties in connection with your sharing of Third-Party Account Credentials.

You are responsible for safeguarding your account credentials and for any activities or actions under your account, whether created directly or through a Third-Party Account. You agree to notify us immediately of any unauthorized use of your account.

5. Payment Terms

5.1 Pricing and Subscription Plans

LiveImage.AI offers various pricing plans, including monthly and yearly subscriptions. Current pricing can be found on our website. We reserve the right to change our prices at any time, and such changes will be effective when posted on our website or when we notify you by other means.

5.2 Billing and Payment

Payments are processed securely through our payment providers. By subscribing, you authorize us to charge your chosen payment method on a recurring basis. You agree to pay all charges at the prices then in effect for your purchases.

5.3 Refund Policy

Due to the nature of our Services and the immediate delivery of digital content, we do not offer refunds unless required by law. By subscribing, you explicitly waive your right to a refund.

5.4 Credits System

Each subscription plan comes with a set number of credits:

• Plan credits are awarded monthly and reset at the end of each billing cycle.
• Bonus credits accumulate over time and do not expire as long as you maintain an active paid subscription.

5.5 Delinquent Accounts

LiveImage.AI may suspend or terminate access to the Service, including fee-based portions of the Service, for any account with an unpaid balance. In addition to the amount due for the Service, a delinquent account may incur fees or charges incidental to any chargeback or collection of the unpaid amount, including collection fees. If your payment method is no longer valid when any fee is due, LiveImage.AI reserves the right to delete your account and any associated information or User Content without any liability to you.

5.6 Subscription Changes

• Upgrades take effect immediately.
• Downgrades and cancellations take effect at the end of the current billing cycle.
• Unused bonus credits are forfeited upon cancellation or expiration of the subscription.

6. License to Use the Service and Content Ownership

Subject to your complete and ongoing compliance with these Terms, LiveImage.AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

AI Content generated by users through the Service is owned by the users who created it. Unless otherwise stated in your specific subscription plan, you may use the AI-generated content for commercial purposes. However, LiveImage.AI retains all rights, title, and interest in the AI technology and algorithms used to generate the content.

By using our AI video generation service, you acknowledge and agree that you are solely responsible for the content you upload and the videos you generate. You retain ownership of your uploaded content and generated videos, but you must ensure that your use of our service complies with all applicable laws, respects third-party rights, and adheres to our Terms of Service and Acceptable Use Policy. Prohibited content includes, but is not limited to: content that exploits or harms minors; pornographic or sexually explicit material; graphic violence or content promoting harm; hate speech or discriminatory content; material promoting illegal activities; misinformation or disinformation; personal or confidential information; unlicensed professional advice; political campaigning; fraudulent or deceptive content; and any other content we deem inconsistent with our platform’s values. We strongly encourage you to use our service responsibly and ethically. If you’re unsure about the permissibility of certain content, please refrain from uploading or generating it using our platform.

6.1 AI-Generated Content Ownership and Usage

The AI Image Generator will use your Source Content (as defined in Section 7.1) to generate AI content, such as images or videos. Subject to your compliance with these Terms, LiveImage.AI hereby assigns to you all of its rights, title, and interest (if any) in and to the AI-generated content resulting from your use of the Service and LiveImage.AI’s use of your Source Content. Note that the AI Image Generator may produce the same or similar AI-generated content for other users, and LiveImage.AI’s assignment to you does not apply to AI-generated content resulting from other users’ use of the Service. You agree that LiveImage.AI may use AI-generated content to (a) provide, maintain, develop, protect and improve the Service or our other products and services, (b) comply with applicable law, and (c) enforce these Terms and any Additional Terms. You are solely responsible for your use of any AI-generated content.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites

LiveImage.AI may provide tools through the Service that enable you to export information, including Source Content, to third-party services, such as linking your account on the Service with an account on a third-party service (e.g., Twitter or Facebook), or through our implementation of third-party buttons (e.g., “like” or “share” buttons). By using one of these tools, you authorize LiveImage.AI to transfer that information to the applicable third-party service. Third-party services are not under LiveImage.AI’s control, and, to the fullest extent permitted by law, LiveImage.AI is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites, which are not under LiveImage.AI’s control, and LiveImage.AI is not responsible for their content. Please review the terms of use and privacy policy of any third-party services before sharing any Source Content or information with such services. Once sharing occurs, LiveImage.AI has no control over the information that has been shared.

7.2 Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. User Responsibility and Liability

8.1 Source Content

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to use any video, audio, images, or other content (“Source Content”) you provide to the Service for generating AI content. You are solely responsible for ensuring that your use of the Source Content does not infringe upon or violate the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights.

8.2 Generated Content

You assume full legal responsibility for any AI content generated through your use of the Service. This includes, but is not limited to, how you use, distribute, or publish the generated content. You agree to use the generated content in compliance with all applicable laws and regulations.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless AI Digital, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service, (b) your Source Content, (c) your use of AI-generated content, or (d) your violation of these Terms.

8.4 Fraudulent Use

AI Digital, LLC is not liable for any fraudulent or illegal use of the Service or any content generated through the Service. You agree not to use the Service for any fraudulent or illegal purposes. AI Digital, LLC reserves the right to terminate your access to the Service immediately and without notice if we suspect any fraudulent or illegal activity associated with your account.

9. Intellectual Property Rights

LiveImage.AI owns all right, title, and interest in and to the Service, including all intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

10. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Harass, threaten, or defraud other users of the Service
• Infringe or violate the intellectual property rights or any other rights of others
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service

11. Disclaimers and Limitations of Liability

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LIVEIMAGE.AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE.

IN NO EVENT WILL LIVEIMAGE.AI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE.

12. Indemnification

You agree to indemnify and hold LiveImage.AI and its affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

13. Term and Termination

These Terms are effective until terminated by you or LiveImage.AI. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Service.

14. User Content: Rights and Responsibilities

14.1 You Must Have Rights to the Content You Post; User Content Representations and Warranties

You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. LiveImage.AI disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

• You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize LiveImage.AI and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by LiveImage.AI, the Service, and these Terms;
• Your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause LiveImage.AI to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
• Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

14.2 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. LiveImage.AI may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against LiveImage.AI with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, LiveImage.AI does not permit infringing activities on the Service.

14.3 Monitoring Content

LiveImage.AI does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that LiveImage.AI reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time LiveImage.AI chooses to monitor the content, then LiveImage.AI still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. LiveImage.AI may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service. Changes will be effective 14 days after notice is provided, except for changes addressing new functions or made for legal reasons, which will be effective immediately.

16. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California. Any dispute arising from these Terms will be resolved through binding arbitration, administered by the American Arbitration Association in Los Angeles County, California.

17. DMCA and Takedowns Policy

LiveImage.AI respects the intellectual property rights of others and expects its users to do the same. Our services utilize artificial intelligence to generate assets. While every effort is made to ensure that generated content is unique, it may inadvertently resemble copyrighted material or trademarks owned by others. If you believe that your copyright or trademark has been infringed, please contact us at [email protected]. We will investigate your claim and take appropriate action as required under the Digital Millennium Copyright Act (DMCA) or other applicable intellectual property laws.

18. Trademarks and Patents

All trademarks, service marks, and logos associated with LiveImage.AI are either registered or unregistered trademarks of AI Digital, LLC. Any use of these marks without prior written permission is strictly prohibited. Any third-party trademarks displayed on our website or services are the property of their respective owners and may not be used without their consent. Additionally, portions of our products and services may be protected by patent laws, and unauthorized use may result in infringement.

19. Contact Information

If you have any questions about these Terms, please contact us at:

By using LiveImage.AI, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Service.