Effective Date: December 2024 | Last Updated: December 2024
These Terms of Service ("Terms") and Acceptable Use Policy ("AUP") constitute a legally binding agreement between you ("User," "you," or "your") and Ko2 ("Platform," "we," "us," or "our"). By accessing or using our AI-powered synthetic media generation services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
IMPORTANT: If you do not agree to these Terms, you must immediately discontinue use of the Platform. Your continued use constitutes acceptance of all provisions herein.
1. Definitions
For the purposes of this Agreement, the following definitions shall apply:
"Synthetic Media" refers to any image, video, audio, or other digital content generated, modified, or enhanced using artificial intelligence or machine learning technologies provided by the Platform.
"AI-Generated Content" refers to any output, creation, or derivative work produced through the use of the Platform's generative tools.
"Generative Outputs" refers to all results, files, and media produced as a consequence of User interaction with the Platform's services.
"User Content" refers to any prompts, inputs, uploads, or other materials submitted by Users to the Platform.
2. Eligibility & Age Restriction
2.1 Age Requirement
You must be at least eighteen (18) years of age to access or use the Platform. By using our services, you represent and warrant that:
You are at least 18 years of age;
You have the legal capacity to enter into binding contracts in your jurisdiction;
You are not prohibited from using the Platform under any applicable law.
2.2 Affirmation of Responsibility
By accessing the Platform, you expressly affirm that you meet all eligibility requirements and accept full legal responsibility for your actions, including but not limited to:
All content you generate using the Platform;
All uses to which you put AI-Generated Content;
Any distribution, publication, or sharing of Generative Outputs;
Compliance with all applicable local, national, and international laws.
Verification: We reserve the right to request verification of age and identity at any time. Failure to provide satisfactory verification upon request may result in immediate account suspension or termination.
3. Prohibited Uses & Acceptable Use Policy
The following activities are strictly prohibited. Violation of any provision in this section constitutes grounds for immediate account termination without refund and may result in legal action.
3.1 Absolutely Prohibited Content
Users shall not use the Platform to create, generate, distribute, or facilitate the distribution of Synthetic Media or AI-Generated Content that:
Child Sexual Abuse Material (CSAM): Depicts, suggests, or implies sexual content involving minors in any form whatsoever. This includes, without limitation, realistic depictions, stylized representations, or any content that sexualizes individuals under the age of 18;
Non-Consensual Intimate Content: Depicts real individuals in sexual, nude, or intimate situations without their explicit, documented consent;
Unauthorized Impersonation: Falsely represents, impersonates, or creates misleading likenesses of real individuals (living or deceased) without documented written consent from the individual or their legal estate;
Fraud & Deception: Is intended to deceive, defraud, or mislead others, including but not limited to identity fraud, financial fraud, or impersonation for unlawful purposes;
Harassment & Defamation: Harasses, threatens, intimidates, defames, or causes harm to any individual or group;
Political Misinformation: Constitutes or facilitates the spread of false information regarding elections, voting processes, political candidates, or public officials with intent to mislead;
Intellectual Property Infringement: Infringes upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any third party;
Illegal Activities: Violates any applicable local, state, national, or international law or regulation.
3.2 Additional Prohibited Activities
Users further agree not to:
Attempt to circumvent, disable, or interfere with any security features of the Platform;
Use automated systems, bots, or scripts to access the Platform without authorization;
Reverse engineer, decompile, or disassemble any aspect of the Platform;
Share account credentials or allow unauthorized access to your account;
Resell, redistribute, or sublicense access to the Platform without written authorization;
Use the Platform in any manner that could damage, disable, or impair its operation.
4. User Responsibility & Accountability
4.1 Sole Responsibility
You are fully and solely responsible for:
All User Content you submit to the Platform;
All Synthetic Media and AI-Generated Content you produce;
All uses, distributions, and publications of your Generative Outputs;
Ensuring your use complies with all applicable laws and regulations;
Obtaining all necessary consents, permissions, and licenses for your intended use.
4.2 Platform's Role
Tool Provider Status: The Platform functions exclusively as a technology tool provider. We do not monitor, review, approve, endorse, or assume responsibility for individual User inputs or Generative Outputs. The Platform exercises no editorial control over User-generated content and makes no representations regarding its legality, accuracy, or appropriateness.
4.3 Consent Documentation
Where User activities involve the creation of Synthetic Media depicting identifiable real persons, Users represent and warrant that they have obtained and maintain documented written consent from such individuals authorizing:
The creation of their likeness using AI technology;
The specific intended uses of such content;
Any distribution or publication thereof.
Users shall retain such documentation and provide it upon request by the Platform or relevant authorities.
5. Indemnification
5.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless the Platform, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
Your use of the Platform;
Any User Content you submit;
Any Synthetic Media or AI-Generated Content you create;
Your violation of these Terms;
Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
Your violation of any applicable law or regulation;
Any claim that your content caused damage to a third party.
5.2 Survival
This indemnification obligation shall survive the termination of your account and these Terms.
6. Content Monitoring & Account Termination
6.1 Discretionary Moderation
The Platform reserves the right, but assumes no obligation, to:
Monitor, review, or analyze User Content and Generative Outputs;
Remove or disable access to content that violates these Terms;
Investigate suspected violations;
Cooperate with law enforcement authorities as required by law.
No Guarantee: Content moderation is discretionary and not guaranteed. The absence of moderation action does not constitute approval or endorsement of any content.
6.2 Account Suspension & Termination
We reserve the right to suspend or terminate your account, without prior notice, for any reason, including but not limited to:
Violation of any provision of these Terms;
Suspected illegal activity;
Conduct that poses a risk to other Users or third parties;
Extended periods of inactivity;
Request by law enforcement or government authority.
6.3 Waiver of Refund Claims
Upon account suspension or termination for violation of these Terms, you expressly waive any and all claims to refunds for unused credits, prepaid services, or any other amounts paid to the Platform. All such amounts shall be forfeited.
7. Payments, Credits & Refunds
7.1 Payment Terms
All payments are processed securely through our authorized payment processors;
Prices are displayed in USD unless otherwise specified;
You are responsible for all applicable taxes;
Credits are non-transferable between accounts.
7.2 Refund Policy
Refunds for unused credits may be issued at our sole discretion within fourteen (14) days of purchase;
No refunds shall be issued for credits that have been used;
No refunds shall be issued following account termination for Terms violations;
Chargebacks or payment disputes filed without first contacting our support may result in account termination.
8. Intellectual Property & Content Ownership
8.1 Platform Intellectual Property
The Platform, including its software, algorithms, models, interfaces, and documentation, constitutes proprietary intellectual property protected by applicable copyright, trademark, and trade secret laws. No license or right is granted except as expressly provided herein.
8.2 User-Generated Content
Subject to your compliance with these Terms, you retain rights to Generative Outputs you create, provided that:
Such content does not violate any provision of these Terms;
We retain a non-exclusive, worldwide, royalty-free license to use anonymized or aggregated data to improve our services;
Your rights are subject to applicable laws and any third-party rights;
Your rights are subject to any limitations imposed by underlying AI model licenses.
9. Disclaimer of Warranties & Limitation of Liability
9.1 Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT;
UNINTERRUPTED OR ERROR-FREE OPERATION.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL;
DAMAGES ARISING FROM USER-GENERATED CONTENT;
DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.3 No Liability for User Content
Express Disclaimer: The Platform expressly disclaims any and all liability for content generated by Users. We do not create, endorse, verify, or assume responsibility for any Synthetic Media, AI-Generated Content, or Generative Outputs produced by Users of the Platform.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
10.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Wilmington, Delaware.
10.3 Waiver of Class Actions
CLASS ACTION WAIVER: YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.
10.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
11. Amendments & Modifications
11.1 Right to Modify
We reserve the right to modify, amend, or update these Terms at any time and for any reason at our sole discretion.
11.2 Notice of Changes
Material changes will be communicated through:
Email notification to the address associated with your account;
Prominent notice on the Platform;
Update to the "Last Updated" date at the top of these Terms.
11.3 Acceptance of Changes
Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the Platform immediately.
12. General Provisions
12.1 Entire Agreement
These Terms constitute the entire agreement between you and the Platform regarding the subject matter hereof and supersede all prior agreements, understandings, and communications.
12.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
12.3 No Waiver
No failure or delay by the Platform in exercising any right or remedy shall constitute a waiver thereof.
12.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
13. Contact Information
For questions, concerns, or notices regarding these Terms, please contact:
Email: legal@ko2.ai
Support: support@ko2.ai
This platform empowers unrestricted creativity. However, with great power comes legal accountability. We provide the tools; users are fully responsible for their content.
By using Ko2, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Acceptable Use Policy.