Terms of Service

Zivdeo (the “Service”, available at zivdeo.com and through our API) is operated by Mathome Yazılım Eğitim Danışmanlık Sanayi ve Ticaret Limited Şirketi, a single-member limited liability company incorporated in the Republic of Türkiye, registered with the Gebze Trade Registry under number 40153 (MERSIS 0613190754500001), with its registered office at Gebze OSB Mah. Kemal Nehrozoglu Cad. No: 507/9 İç Kapı No: Z01, Gebze / Kocaeli, Türkiye (“Zivdeo”, “we”, “us”).

These Terms of Service (“Terms”) are a binding agreement between us and the business you represent (“Customer”, “you”). You accept them when you create an account, use an API key, buy a balance top-up or otherwise use the Service. If you accept on behalf of a company, you confirm that you are authorised to bind it.

These Terms include, by reference, our Acceptable Use Policy, Refund Policy, Privacy Policy and, where we process personal data on your behalf, our Data Processing Addendum. If they conflict, these Terms prevail, except that the Data Processing Addendum prevails on the processing of personal data.

The Service has two sides. For business is offered to businesses and professionals for purposes related to their trade, business or profession; by using it you confirm that you act for such a business. For me is offered to individuals for personal, non-commercial use of their own photos.

In both cases you, and anyone using your account, must be at least 18 years old. Where you use the Service as a consumer you keep every right that mandatory law where you live gives you, including the refund rights in our Refund Policy; nothing in these Terms takes them away.

Personal use has extra rules because it edits photos of real people: before your first personal generation you confirm, once, that the photos are yours or that every adult shown agreed, that you will not alter anyone under 18 except your own child, and that you will not pass an edited image off as a real photo. The Acceptable Use Policy sets this out in full.

Zivdeo produces marketing images and other media from the photos, logos and facts you provide (“Inputs”), using automated creative direction, third-party AI models and automated review. Each product we offer (a “use-case”, such as a vehicle flyer) describes what it makes, what it needs from you and what it costs.

We continuously improve the Service. We may add, change or retire use-cases, models, quality tiers, features and limits at any time. Features we mark as beta or preview are provided as they are and may change or end without notice. Processing times shown in the product are estimates.

You are responsible for all activity under your account and API keys, including generations started by anyone you give access to. Keep API keys and webhook secrets confidential, give them only to systems that need them, and tell us at support@zivdeo.com as soon as you suspect one is compromised. Spend made with a key before you revoke it is yours.

You must give us accurate account information and keep it current. We may revoke or rotate keys, or require additional verification, to protect you, other customers or the Service.

Pay as you go. The Service is paid from a prepaid balance shown in US dollars. Current prices are listed on our pricing page and in the product before you start a generation. There are no subscriptions and no recurring charges.

How a generation is charged. When you start a generation we reserve the maximum price shown for it. When it finishes we charge the actual price, which never exceeds the reserved amount, and return the difference to your balance immediately. If a generation fails, the reserved amount is returned in full and you pay nothing. Revisions are new generations and are priced the same way.

Top-ups. Our order process is conducted by our online reseller Dodo Payments, who is the Merchant of Record for all our orders and handles payment, tax and invoicing. When you buy a top-up you buy it from Dodo Payments, and its Buyer Terms govern the payment transaction. Dodo Payments calculates and collects any applicable sales tax, VAT or similar taxes and issues your receipt or invoice. Prices on our pricing page exclude those taxes unless stated otherwise.

What your balance is. Your balance is a prepaid right to use the Service. It is not money, a deposit, electronic money or stored value; it earns no interest, cannot be withdrawn, transferred, sold or exchanged for cash, and can only be refunded as our Refund Policy describes. It does not expire while your account is open. Promotional or trial balance we grant for free has no cash value, may carry its own expiry and is never refunded.

Card on file. When you top up, the payment method you use is kept on file with Dodo Payments so that later top-ups can be charged with one click from your account, without entering card details again. You can instead choose to pay once without keeping a card, and you can remove the card on file at any time from your account or Dodo Payments’s billing portal.

Automatic top-ups. If you switch on automatic top-ups in your account, you authorise us to charge the card on file, without further notice, for one top-up of the pack you selected each time your balance falls below the threshold you selected. Each charge appears in your billing history with its invoice and is refundable like any other top-up. We never charge more than one pack per drop below the threshold. You can switch automatic top-ups off at any time in your account, and a failed charge switches them off until you turn them on again.

Price changes. We may change prices for future generations at any time by updating the pricing page. A change never affects a generation that has already started, and it never reduces the dollar amount of your balance.

Payment disputes. If you think a charge is wrong, contact us first at support@zivdeo.com; we resolve most issues within a few business days. While a chargeback or payment dispute is open we may pause your account, and if a dispute is filed for a charge you authorised we may close the account and recover any amounts and fees it costs us.

You keep all rights in your Inputs. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, adapt (for example cut out, upscale, crop or recolour) and display your Inputs, and to let our service providers do so on our behalf, as needed to provide, secure, support and improve the Service for you. This licence ends when the Inputs are deleted under our Privacy Policy.

You confirm that, for every Input you provide:

• you own it or have all the licences, permissions and consents needed to use it this way, including for photos you did not take, logos and trademarks, and the property shown;
• every identifiable person shown in it has given any consent that applicable law requires for their image to be edited and used in your marketing;
• it contains no information about anyone's health, and no other sensitive personal data, unless you have that person's explicit consent and a lawful basis to use it in advertising;
• the facts you enter (prices, offers, vehicle or product details, contact details, disclaimers) are accurate and you are entitled to advertise them.

As between you and us, and once the generation is paid for, you own the images and other results the Service produces for you (“Outputs”), and we assign to you any rights we may have in them. You may use Outputs for any lawful purpose, including commercially.

Outputs are produced with AI. The law may not grant copyright in AI-generated material, and other customers may receive similar results from similar Inputs; we do not promise that an Output is unique or that it can be registered or enforced as your intellectual property.

We keep copies of your Outputs to provide the Service (for example your library and revisions) and as our Privacy Policy describes. Outputs and uploaded Inputs are delivered through private, hard-to-guess links: anyone who has a link can open the file, so share links with care.

Showroom. We will only show an Output publicly, or use it to promote Zivdeo, if you opt in for that generation (the “showroom” option, off by default) or give us permission in writing. Opting in grants us a worldwide, royalty-free licence to display that Output and its non-confidential details for that purpose. You can withdraw it at any time; we will remove the Output from places we control within 30 days, but we cannot recall copies that third parties have already made.

Our creative direction, automated checks and industry guidance reduce mistakes, but they are automated and can be wrong. Words in the product such as “checked”, “reviewed” or “built to a platform’s specs” describe our process; they are not a guarantee that an Output is accurate, complete, lawful or accepted by any platform.

Before you publish, print, send or otherwise use an Output, you must review it yourself, including every price, number, name, offer, contact detail, disclaimer and depiction of a product, vehicle, property, person or result.

You alone decide whether and how to use an Output and are solely responsible for it, including its compliance with advertising, consumer protection, pricing, financing, real estate (such as fair housing and MLS rules), healthcare and other professional advertising rules, intellectual property, privacy and publicity laws, and the rules of the platforms where you publish it. Industry guidance in the Service is general information, not legal advice.

You must follow our Acceptable Use Policy. In short, you may not use the Service to deceive, to impersonate anyone, to create deepfakes or sexual content, to infringe anyone’s rights, or in breach of any law.

We may refuse any request, block or delete any Input or Output, and suspend access, if we reasonably believe it breaches these Terms or the law or puts others at risk. Our systems may screen Inputs and Outputs automatically for this purpose.

We and our licensors own the Service, including its software, use-case designs, creative briefs, prompts, review checklists, layouts, templates, backgrounds, fonts we license and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business during the term; they transfer no other rights.

You may not, and may not let anyone else:

• copy, resell, sublicense or offer the Service to third parties as a service of your own, except by delivering Outputs to your own clients;
• reverse engineer the Service or try to extract its prompts, briefs, checklists, templates or model configuration, including through crafted Inputs;
• access the Service by automated means other than our API, exceed published limits or interfere with its security or operation;
• use the Service or its documentation to build a competing product.

If you send us feedback or suggestions, we may use them freely and without obligation to you.

Use of the API is subject to these Terms and to the rate limits and documentation we publish. You are responsible for the systems that call the API and receive our webhooks, for verifying webhook signatures, and for keeping any metadata you attach free of sensitive information. We may disable a webhook endpoint that repeatedly fails or behaves abusively. We will try to keep the API backwards compatible and to give reasonable notice of breaking changes, but we may change it at any time where security, law or our providers require.

We use third-party infrastructure, storage and AI model providers to run the Service. We choose them carefully and remain responsible for our obligations to you, but we do not control their systems and are not responsible for their outages, changes or discontinuation of a model. If a provider change affects a use-case, we may substitute another model of comparable quality.

Our Privacy Policy explains how we handle personal data about you and your users. Where your Inputs contain personal data about other people, you are the controller of that data, we process it on your behalf, and our Data Processing Addendum applies.

We aim to keep the Service available and fast, but we do not promise uninterrupted or error-free operation and offer no service level unless we agree one in writing. We may suspend the Service for maintenance, security or legal reasons. Support is available by email at support@zivdeo.com; we aim to answer within two business days.

To the maximum extent permitted by law, the Service and all Outputs are provided “as is” and “as available”. We disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that any Output will be accurate, unique, lawful in your jurisdiction, accepted by any platform, or free of third-party rights.

To the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, goodwill or data, or for the cost of substitute services, however caused and even if advised of their possibility; and (b) our total liability arising out of or relating to the Service or these Terms, in any form of action, is limited to the greater of the amounts you paid for the Service in the twelve months before the event giving rise to the claim and one hundred US dollars (USD 100).

These limits do not apply to your payment obligations, your indemnity obligations or your breach of the sections on Inputs, acceptable use or our intellectual property, and nothing in these Terms limits liability that cannot be limited by law, such as liability for intent or gross negligence.

You will defend, indemnify and hold harmless Zivdeo, its directors, employees and service providers against any third-party claim, regulatory action, loss, damage, fine and reasonable costs (including legal fees) arising out of: your Inputs; any Output you publish or use; your breach of these Terms or the Acceptable Use Policy; or your violation of any law or third-party right. We will tell you promptly about a claim, let you control its defence with counsel reasonably acceptable to us, and cooperate at your expense; you may not settle a claim that imposes obligations on us without our consent.

You may stop using the Service and ask us to close your account at any time. We may suspend or terminate your access immediately if you breach these Terms, if we must to comply with law or a payment provider’s requirements, if your use creates risk for us or others, or if a payment is disputed or reversed. We may also terminate for convenience on 30 days’ notice.

If we terminate for convenience or discontinue the Service, we refund your unused paid balance. If you close your account, the Refund Policy applies. If we terminate because you breached these Terms or acted fraudulently, we may set off against your unused balance any amounts you owe us, including chargeback amounts and fees, and refund the remainder only where the law requires.

After closure we delete your data as described in our Privacy Policy; download anything you want to keep first. Sections that by their nature should survive termination (including payment, outputs, intellectual property, disclaimers, limitation of liability, indemnity and disputes) survive.

We may update these Terms. For material changes we will give at least 14 days’ notice by email or in the product before they take effect, unless the change is required sooner by law or to address abuse or security. Changes do not apply to generations already started. If you do not agree, stop using the Service before the change takes effect and ask us to close your account; we will then refund your unused paid balance. Continued use after that date means you accept the updated Terms.

You confirm that neither you nor anyone who owns or controls you is the target of sanctions administered by the United Nations, the United States (including OFAC), the European Union, the United Kingdom or Türkiye, or located in a comprehensively sanctioned country or region, and you will not use the Service for anyone who is. We may block access where required to comply with sanctions or export laws.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Republic of Türkiye, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

Before starting proceedings, a party must notify the other in writing and both must try in good faith to resolve the dispute for 30 days. After that, the courts and enforcement offices of Istanbul (Çağlayan) have exclusive jurisdiction. Either party may seek urgent injunctive relief in any competent court. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding.

These Terms, together with the documents they reference, are the entire agreement between us about the Service and replace any earlier understanding. If a provision is unenforceable, the rest remain in effect and the provision is applied to the extent it can be. Failing to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control.

You may not assign these Terms without our consent. We may assign them to an affiliate or to a successor in a merger, acquisition, reorganisation or sale of assets, with notice to you. The parties are independent contractors.

We send notices to the email address on your account; they are received when sent. Send notices to us at support@zivdeo.com or to our registered office. These Terms are written in English; any translation is for convenience only.