Terms of Service

Introduction and Acceptance of Terms

Welcome to Kirkify, an advanced AI-powered platform that provides face swap and AI video generation services using cutting-edge artificial intelligence technology. By accessing or using our service, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use our service.

Use of the Service

Kirkify provides users with access to advanced AI-powered face swap and video generation services. Our platform enables you to create face-swapped images and AI-generated videos using cutting-edge artificial intelligence technology. You agree to use the service in accordance with all applicable local, state, national, and international laws and regulations, including but not limited to privacy laws, publicity rights, and intellectual property laws.

User Accounts and Registration

  1. Account Creation:To access certain features of the service, you need to create an account. You must provide accurate and complete information during the registration process.
  2. Account Security:You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  3. User Responsibilities:You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Content and Intellectual Property Rights

AI-Generated Content

  • Your Generated Content:You retain full ownership and commercial rights to all face-swapped images and AI-generated videos created using Kirkify, subject to the restrictions outlined below and your compliance with applicable laws, including portrait rights and privacy laws.
  • Commercial Use:All content generated with Kirkify comes with commercial usage rights, provided that you have obtained all necessary rights and consents for any faces or likenesses depicted in the content. You may use generated content for your business, marketing materials, social media, and any commercial purposes without additional licensing fees from Kirkify, but you remain responsible for ensuring compliance with all applicable laws and third-party rights.
  • Portrait Rights Disclaimer:Your ownership of generated content does not absolve you of responsibility for obtaining necessary consents and permissions. You are solely responsible for ensuring that all individuals whose faces or likenesses appear in your generated content have provided explicit consent for such use, and you agree to indemnify Kirkify against any claims arising from violations of portrait rights, privacy rights, or publicity rights.

Platform Intellectual Property

All content provided through Kirkify, including but not limited to AI models, algorithms, user interface, and documentation, is protected under copyright law. The copyright owner of Kirkify is kirkify.info.

  • You acknowledge that you do not own the underlying AI technology or intellectual property that makes up the Kirkify service, and you agree to respect the intellectual property rights of kirkify.info and any third parties.
  • While you retain ownership of your generated content, the core Kirkify platform and AI models remain the property of kirkify.info.

Portrait Rights, Privacy Rights, and User Responsibilities

Critical: Portrait Rights and Consent Requirements

  • Your Legal Responsibility:You are solely responsible for ensuring that you have obtained all necessary rights, permissions, and consents before uploading any images or videos containing recognizable faces or likenesses of individuals (including yourself or others). This includes explicit written consent for face swap operations and any resulting generated content.
  • Consent Requirements:Before using our face swap or video generation services with images containing other people's faces, you must obtain explicit written consent from all individuals whose faces or likenesses appear in the content. This consent must cover: (1) the use of their image in face swap operations, (2) the creation of any resulting generated content, and (3) any intended use or distribution of such content.
  • Prohibited Uses:You may not use our services to create content that impersonates, defames, violates the privacy or publicity rights of, or causes harm to any individual without their explicit consent. This includes but is not limited to: creating deepfakes, non-consensual intimate images, revenge porn, content intended to deceive or defraud, or any content that could cause reputational, emotional, or financial harm.
  • Our Position and Disclaimer:Kirkify is a technology platform that provides AI-powered tools. We do not verify, monitor, or validate the consent or rights of users regarding uploaded content. We do not assume any responsibility for users' compliance with portrait rights, privacy rights, publicity rights, or any other legal obligations. You, as the user, are solely responsible for all legal consequences arising from your use of our services.
  • Indemnification:By using our services, you agree to indemnify, defend, and hold harmless Kirkify, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (1) your violation of portrait rights, privacy rights, publicity rights, or any other rights of third parties, (2) your failure to obtain necessary consents or permissions, (3) your use of generated content in violation of applicable laws, or (4) any claims by third parties regarding content you create using our services.
  • Compliance with Laws:You agree to comply with all applicable local, state, national, and international laws and regulations regarding portrait rights, privacy rights, publicity rights, defamation, and related matters. This includes but is not limited to laws regarding deepfakes, non-consensual intimate images, and impersonation.

Prohibited Activities

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

  • Harmful Content:Generating images that contain violence, hate speech, explicit sexual content, or any content that could be harmful to individuals or groups
  • Illegal Content:Creating images that violate any applicable laws or regulations, including but not limited to copyright infringement, trademark violations, or privacy violations
  • Misleading Content and Unauthorized Use of Likeness:Creating face-swapped images or videos intended to deceive, mislead, impersonate, or defame real people without their explicit written consent. This includes but is not limited to creating deepfakes, non-consensual intimate images, or any content that violates portrait rights, privacy rights, or publicity rights
  • Portrait Rights Violations:Using our face swap or video generation services with images containing faces or likenesses of individuals without obtaining their explicit written consent. You must have proper authorization before using any person's image in our services
  • Commercial Misuse:Using the service to generate content for illegal commercial activities or to compete directly with Kirkify's business
  • Technical Abuse:Attempting to reverse engineer, hack, or exploit the AI models or platform infrastructure
  • Unauthorized Access:Attempting to bypass security features, access other users' accounts, or use the service beyond your authorized limits
  • API Abuse:Excessive use of the API that could impact service performance for other users

Privacy and Data Collection

Kirkify collects the following types of data:

  • Account Information:Information you provide when creating an account
  • Generation History:Records of your image generation requests and results (stored for your convenience and service improvement)
  • Usage Details:Data related to your activity on our service, including which AI models you use
  • Device Information:Information about the device you use to access our service
  • Cookies:Data that helps us enhance your experience with our service
  • Payment and Billing Information:Data necessary to process payments and manage your credits
  • Generated Content:Your uploaded images, face-swapped images, and AI-generated videos are stored securely and can be accessed through your account

For more details on data collection practices, please refer to our separate Privacy Policy.

Pricing and Payments

  • Credit System:Kirkify operates on a credit-based system where each face swap operation or video generation consumes a certain number of credits (typically 2 credits per face swap, 30 credits per video generation)
  • Pricing:Credit costs vary based on the service used (face swap or video generation) and generation complexity. Please refer to our pricing page for current rates
  • Payment Terms:All credit purchases are final and non-refundable unless otherwise required by law
  • Price Changes:Credit prices are subject to change with notice to users
  • Billing:You agree to pay all charges associated with your credit purchases and subscription plans

Termination

We reserve the right to terminate or suspend your access to the service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the service, us, or third parties.

Disclaimer of Warranties

The service is provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy, reliability, or availability of the service and disclaim all warranties to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by law, kirkify.info shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the service, including but not limited to damages resulting from generated images or AI model outputs.

Indemnification

You agree to indemnify and hold harmless kirkify.info, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the service, violation of these Terms, or use of generated images.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which kirkify.info operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or the service will be resolved through binding arbitration in accordance with applicable laws.

Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the service after any changes signifies your acceptance of the new terms.

Contact Information

If you have any questions about these Terms, please contact us at support@kirkify.info.

By using Kirkify, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing Kirkify!