Terms of Service

Welcome to GERMINAL LIMITED. These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, and services (collectively, the "Services") provided by GERMINAL LIMITED ("we," "our," or "us"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. AI-Generated Content

Our Services use artificial intelligence models, including third-party models such as Stability AI's Stable Audio, to generate audio content based on your input. You acknowledge and agree that:

• Generated content is produced algorithmically and may occasionally resemble existing works due to the nature of generative models.
• Subject to these Terms and the upstream licensing of our AI providers, you retain ownership of the content you generate and may use it for personal and commercial purposes.
• We do not guarantee that generated content is free from third-party intellectual property claims, and you are solely responsible for verifying the suitability of generated content for your intended use.
• We reserve the right to use anonymized prompts and outputs to improve our models and Services.

5. Acceptable Use

You agree not to use the Services to:

• Generate content that infringes the intellectual property, privacy, or other rights of any third party.
• Submit prompts referencing the names of real artists, bands, songs, or copyrighted works in an attempt to imitate their style or output.
• Create content that is unlawful, defamatory, obscene, hateful, harassing, or otherwise objectionable.
• Attempt to reverse engineer, decompile, or otherwise extract the source code of our Services or underlying AI models.
• Use the Services to develop a competing product or service.
• Interfere with or disrupt the integrity or performance of the Services.
• Use automated means (bots, scrapers, etc.) to access the Services without our express permission.

We reserve the right to suspend or terminate accounts that violate these rules without prior notice.

6. Intellectual Property

All rights, title, and interest in and to the Services, including all software, designs, trademarks, logos, and content provided by us (excluding user-generated content), are and will remain the exclusive property of GERMINAL LIMITED and its licensors. Nothing in these Terms grants you any right to use our trademarks or branding without prior written consent.

7. Third-Party Services

The Services rely on third-party providers, including Stability AI, for certain core functionalities. Your use of such third-party components may be subject to additional terms imposed by those providers. We are not responsible for the availability, accuracy, or content of any third-party services.

8. Subscriptions and Payments

Some features of the Services may require a paid subscription. Subscriptions are processed through Apple's App Store and are subject to Apple's terms. Payments are non-refundable except as required by law or as expressly stated in our refund policy. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, QUALITY, OR ORIGINALITY OF AI-GENERATED CONTENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GERMINAL LIMITED AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD 50, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless GERMINAL LIMITED and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

12. Copyright Complaints

If you believe that content generated or hosted through our Services infringes your copyright, please send a written notice to service@kkkavac.com with the following information:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the allegedly infringing material and its location.
• Your contact information.
• A statement of good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf.

We will respond to valid notices in accordance with applicable law.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

15. Changes to These Terms

We may modify these Terms from time to time. The most current version will always be posted on this page. Continued use of the Services after changes constitutes acceptance of the revised Terms.

16. Contact Us

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

GERMINAL LIMITED
Flat 404A, 4/F, Beverley Commercial Centre,
87-105 Chatham Road South, Tsim Sha Tsui,
Kowloon, Hong Kong
Email: service@kkkavac.com