Terms & Conditions

1. WHO WE ARE AND WHAT THESE TERMS COVER

Mellivo OÜ, registered in the Estonian Business Register under code 17522398
Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia
Email: studio@mellivoai.com

These Terms cover your use of every part of the Services, including any application or game from which you were directed to them. Where a particular application, game, or feature has additional rules, those rules are presented within that product and form part of these Terms. If an additional rule conflicts with these Terms, the additional rule prevails for that product only.

2. ACCEPTANCE OF THESE TERMS

By downloading, installing, accessing, or using any part of the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organisation, you confirm that you are authorised to bind that organisation, and “you” refers to that organisation.

3. DEFINITIONS

• “Your Content” means anything you upload, submit, or otherwise provide to the Services, including images, photographs, audio recordings, video, text, prompts, and files.
• “Output” means content generated for you by the Services in response to Your Content or your instructions.
• “Account” means a registered user account, where an application offers one.
• “Virtual Items” means in-application currency, items, levels, or other digital entitlements that may be acquired within a game or application.

4. ELIGIBILITY AND AGE REQUIREMENTS

You must be at least 18 years old to create an Account or to submit Your Content to the Services.

Certain games we publish carry an age rating suitable for a general audience and may be played by children. Those games do not require an Account and do not accept user-submitted content.

If you are a parent or legal guardian and you permit a minor in your care to use a general-audience product, you accept these Terms on that minor’s behalf and are responsible for their use of it.

You may not use the Services if you are barred from doing so under the laws of Estonia, the European Union, or your country of residence, or if your access has previously been terminated by us.

5. YOUR ACCOUNT

Where an Account is offered, you agree to provide accurate information, to keep your credentials confidential, and to notify us promptly at studio@mellivoai.com if you believe your Account has been compromised. You are responsible for activity carried out through your Account.

You may delete your Account at any time. Deletion is available from within the application, from our Account Deletion page, or by writing to studio@mellivoai.com. Deletion of your data is handled as described in our Privacy Policy.

6. LICENCE TO USE THE SERVICES

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the Services.

This Section governs the software and the Services themselves. Your rights in the Output you generate through them are dealt with separately in Section 9, and are not restricted by this Section.

This licence does not permit you to: resell, rent, or redistribute the Services; copy, modify, translate, or create derivative works of them; reverse engineer, decompile, or disassemble them except to the extent that applicable law expressly permits this notwithstanding a contractual restriction; remove or obscure any proprietary notice; or use the Services to build a competing product or service.

7. YOUR CONTENT

You keep ownership. You retain all rights you hold in Your Content. Nothing in these Terms transfers ownership of Your Content to us.

The permission you give us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, transmit, and process Your Content solely to the extent necessary to operate the Services and deliver the Output you have requested, and to comply with our legal obligations. This licence is sublicensable only to the service providers listed in our Privacy Policy, acting on our instructions, and it ends when Your Content is deleted, except where we must retain a copy to meet a legal obligation.

What this licence does not allow us to do. We do not use Your Content to train, retrain, or improve artificial intelligence models. We do not use Your Content for advertising, marketing, promotion, or profiling. We do not publish Your Content, share it with other users, or licence it to any third party for their own purposes.

Your responsibility. You are solely responsible for Your Content. You confirm that you hold all rights necessary to submit it and to permit the processing described above, and that Your Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights, and does not breach any law.

Backups. We are not a backup service. You should keep your own copies of anything important to you.

8. LIKENESS, VOICE, AND IMAGES OF OTHER PEOPLE

Some of our Services allow you to submit a photograph, image, or voice recording of a person and to generate content from it. This section applies whenever you do so.

8.1 Your confirmation. By submitting content that depicts or reproduces the likeness or voice of any identifiable person, you confirm that:

• the person is you; or
• you are that person’s parent or legal guardian, and you consent on their behalf; or
• you have obtained that person’s informed, freely given permission for the specific use you are making.

You must be able to demonstrate that permission if we ask.

8.2 Children. Where the person depicted is a child, only a parent or legal guardian may submit the content. You may not submit an image or voice recording of a child on the basis of permission from anyone else.

8.3 Absolute prohibitions. You may not, under any circumstances, use the Services to create, generate, upload, or request:

• any content that sexualises, or depicts in a sexual or suggestive manner, a person under 18, or any person appearing to be under 18, whether real or generated;
• intimate, nude, or sexually explicit imagery of any identifiable person created or altered without that person’s consent;
• content depicting a real person that is intended to defame, harass, threaten, degrade, bully, or intimidate them;
• content that impersonates a real person in order to deceive, including for fraud, financial gain, electoral influence, or the fabrication of statements or events;
• content depicting the likeness or voice of a public figure without a lawful basis; or
• content that depicts a real person committing a crime or engaging in conduct that did not occur, where a viewer could reasonably believe it to be genuine.

8.4 Enforcement. Breach of this section is a material breach of these Terms. We may remove the content, suspend or terminate your Account immediately and without notice, and where the law requires or permits it, report the matter to the competent authorities. We report suspected child sexual abuse material to the relevant authorities in every case.

8.5 Requests by depicted persons. If you appear in content generated through the Services and you did not consent, write to studio@mellivoai.com. We will investigate and, where appropriate, delete the content and act against the account responsible.

9. GENERATED OUTPUT

9.1 Ownership and commercial use. As between you and us, and to the extent we hold any rights in it, we assign to you all rights we may have in the Output generated for you, subject to your compliance with these Terms.

You may use Output for any lawful purpose, including commercial purposes — for example, publishing, distributing, or selling it — without owing us any fee or attribution. This permission is subject to Section 8 (likeness, voice, and images of other people), Section 9.2, Section 9.4, and Section 10, and it does not extend to any third-party right in the material you submitted. You are responsible for how you use Output, including for obtaining any licence, release, or clearance that your intended use requires.

9.2 No exclusivity. Generative systems produce similar results from similar inputs. Output is not unique to you, and identical or similar Output may be generated for other users. We make no claim, and give no assurance, that Output is original, novel, or protectable by copyright in any jurisdiction, and we do not warrant that your use of it will not infringe a third party’s rights.

9.3 Accuracy. Output is generated automatically and may be inaccurate, incomplete, misleading, or unsuitable for your purposes. It is not professional advice of any kind. You must review Output before relying on it or publishing it.

9.4 Labelling synthetic content. Where you publish or distribute Output that is artificially generated or manipulated, you are responsible for complying with any applicable transparency and labelling obligations, including those under the EU Artificial Intelligence Act. Where we apply provenance metadata or a visible marking to Output, you may not remove, obscure, or alter it.

9.5 Content filters. We apply automated safeguards intended to prevent the generation of prohibited content. These safeguards are imperfect. Attempting to circumvent them is a breach of these Terms.

10. ACCEPTABLE USE

In addition to Section 8, you agree not to:

• use the Services for any unlawful purpose, or in breach of any applicable law or regulation;
• upload malicious code, or interfere with, disrupt, overload, or attempt to gain unauthorised access to the Services or any related system;
• use automated means to access, scrape, or extract data from the Services, or to create accounts, except as we expressly permit;
• circumvent any access control, usage limit, rate limit, filter, or payment mechanism;
• use the Services to develop, train, or evaluate a competing artificial intelligence model or product;
• misrepresent your identity or your affiliation with any person or organisation;
• upload content that is unlawful, hateful, harassing, violent, or that promotes self-harm or illegal activity;
• infringe the intellectual property rights of others; or
• resell, redistribute, or make the Services available to third parties.

11. MODERATION AND REPORTING

We may, but are not obliged to, review content submitted to or generated through the Services in order to enforce these Terms, to comply with the law, or to protect users. Where an application allows content to be shared or made visible to others, it provides a mechanism to report objectionable content and to block abusive users; we act on such reports without undue delay.

You may report a breach of these Terms at any time to studio@mellivoai.com. Where we remove content or restrict an Account, we will tell you the reason unless the law prevents us or telling you would compromise an investigation, and you may contest the decision by replying to that notice.

12. PURCHASES, SUBSCRIPTIONS, AND VIRTUAL ITEMS

12.1 Where you buy. Purchases made within an application are processed by the Apple App Store or Google Play and are subject to that store’s terms, payment rules, and refund policy. Purchases made through our website, where offered, are processed by our payment provider. We do not receive or store your full payment card details.

12.2 Subscriptions. Subscriptions renew automatically for the period you selected unless you cancel before the renewal date. You manage and cancel subscriptions in your App Store or Google Play account settings, not through us. Deleting an application or your Account does not cancel a subscription.

12.3 Prices. Prices are shown before you confirm a purchase and include applicable VAT where required. We may change prices for future billing periods; where a change affects an existing subscription, we will tell you in advance and you may cancel before it takes effect.

12.4 Virtual Items. Virtual Items are licensed to you, not sold. They have no monetary value, cannot be redeemed for money, and may not be sold, transferred, or exchanged outside the application. We may modify, suspend, or discontinue Virtual Items where reasonably necessary, and any unused Virtual Items are forfeited if your Account is terminated for breach of these Terms.

12.5 Refunds. Refunds for store purchases are handled by Apple or Google under their policies. Where we are the seller, we honour your statutory rights, including those in Section 13.

13. RIGHT OF WITHDRAWAL FOR EU CONSUMERS

If you are a consumer resident in the European Union, you have the right to withdraw from a distance contract within 14 days without giving a reason.

For digital content that is not supplied on a tangible medium, this right is lost once performance has begun, provided that you gave your express prior consent to immediate performance and acknowledged that you would thereby lose your right of withdrawal. Where you make a purchase that grants immediate access to a digital feature or Virtual Item, you give that consent and make that acknowledgement at the point of purchase.

To exercise the right where it applies, write to studio@mellivoai.com with a clear statement of your decision. We will reimburse you without undue delay and within 14 days of receiving your notice, using the same means of payment you used.

Nothing in these Terms limits your statutory rights as a consumer, including your remedies where digital content or a digital service does not conform to the contract.

14. ADVERTISING

We do not currently display third-party advertising in the Services. If we introduce advertising, we will update our Privacy Policy before doing so. In any product directed to children or to a mixed audience, we will serve only contextual, non-personalised advertising. Advertising content originates with third parties and we do not endorse it; your dealings with an advertiser are between you and that advertiser.

15. OUR INTELLECTUAL PROPERTY

The Services, including all software, source code, designs, interfaces, artwork, characters, audio, text, trade marks, and the “Mellivo” name and logo, are owned by Mellivo OÜ or our licensors and are protected by intellectual property law. Except for the limited licence in Section 6 and the assignment in Section 9.1, no rights are granted to you.

If you believe content available through the Services infringes your intellectual property, write to studio@mellivoai.com identifying the work, the material complained of, and your contact details, and confirming that you are the rights holder or authorised to act on their behalf.

16. FEEDBACK

If you send us suggestions, ideas, or feedback about the Services, we may use them without restriction and without any obligation to you. Feedback is not confidential and does not create any relationship between us beyond these Terms. Please do not send us information you consider confidential or proprietary.

17. THIRD-PARTY SERVICES

The Services may link to or interoperate with third-party products, platforms, and stores. We do not control them and are not responsible for their content, policies, or practices. Your use of a third-party service is governed by that service’s own terms.

18. AVAILABILITY AND CHANGES TO THE SERVICES

We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Services, including any application, game, or feature, at any time.

Where we permanently discontinue a paid Service or a material feature you have paid for, we will give you reasonable notice and, where you have paid in advance for a period that will not be delivered, a pro-rata refund of the undelivered portion, unless the discontinuation follows your breach of these Terms.

19. SUSPENSION AND TERMINATION

You may stop using the Services and delete your Account at any time.

We may suspend or terminate your access, with or without notice, where you have breached these Terms, where we are required to do so by law, where necessary to protect other users or the security of the Services, or where an Account has been inactive for an extended period. Where we act without prior notice, we will tell you as soon as reasonably possible unless the law prevents us.

Sections 7 (as to responsibility), 8.3, 9.2, 9.3, 15, 16, 20, 21, 22, 26, and 28 survive termination.

20. DISCLAIMERS

To the fullest extent permitted by law, and without prejudice to your mandatory rights as a consumer, the Services are provided “as is” and “as available”, and we make no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

We do not warrant that Output will be accurate, appropriate, original, or free of third-party rights, or that the Services will meet your requirements.

If you are a consumer, this section does not exclude any warranty or remedy that the law does not permit us to exclude.

21. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, or for any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law and product liability law.

Subject to the paragraph above, and to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, data, or anticipated savings, however caused;
• we are not liable for any loss arising from your use of, or reliance on, Output, or from content submitted by you or by another user; and
• our total aggregate liability arising out of or in connection with these Terms and the Services is limited to the greater of (a) the amount you paid us for the relevant Service in the twelve months preceding the event giving rise to the claim, and (b) fifty euros (€50).

If you are a consumer, this section applies only to the extent permitted by the law of your country of residence, and does not affect your statutory remedies for non-conformity.

22. INDEMNIFICATION

If you use the Services for purposes connected with your trade, business, craft, or profession, you agree to indemnify and hold harmless Mellivo OÜ, its directors, employees, and agents against any claim, liability, damage, loss, and reasonable expense (including legal fees) arising out of Your Content, your Output, your use of the Services, or your breach of these Terms or of any applicable law.

This section does not apply to consumers.

23. ADDITIONAL TERMS FOR APPLICATIONS OBTAINED FROM THE APPLE APP STORE

The following applies to any application you obtain from the Apple App Store.

1. These Terms are between you and us only. They are concluded between you and Mellivo OÜ, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the application and its content.
2. Scope of licence. The licence granted in Section 6 is limited to a non-transferable licence to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. We are solely responsible for providing maintenance and support for the application. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the application or your possession and use of it, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

24. ADDITIONAL TERMS FOR APPLICATIONS OBTAINED FROM GOOGLE PLAY

The following applies to any application you obtain from Google Play. These Terms are between you and Mellivo OÜ only, and not with Google LLC. Google is not responsible for the application or its content. Your use of Google Play is governed by the Google Play Terms of Service, and refunds for purchases made through Google Play are handled under Google’s refund policy.

25. PRIVACY

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that you have read it.

26. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Estonia, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from under the law of the country in which you habitually reside.

Please contact us first. Most issues are resolved quickly. Write to studio@mellivoai.com and we will respond without undue delay.

Consumers. If we cannot resolve your complaint, you may refer the matter to the Consumer Disputes Committee operating at the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet), Endla 10a, 10122 Tallinn, Estonia — www.ttja.ee. If you live in another EU Member State, the European Consumer Centre in your country can assist you free of charge. You may also bring proceedings in the courts of the country where you habitually reside.

Others. For all users who are not consumers, the courts of Harju County, Estonia, have exclusive jurisdiction.

27. CHANGES TO THESE TERMS

We may amend these Terms to reflect changes to the Services, to our business, or to applicable law. Where a change is material, we will give you reasonable advance notice — by in-application notice, by email, or by posting a prominent notice — before it takes effect. If you do not accept a change, your remedy is to stop using the Services and, where you hold one, to delete your Account. Continued use after a change takes effect means you accept it.

We will not apply a material change retroactively to a dispute that arose before the change.

28. GENERAL PROVISIONS

Entire agreement. These Terms, together with the Privacy Policy and any product-specific rules, are the entire agreement between us regarding the Services.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions continue in force.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you and provided your rights are not diminished.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Language. These Terms are drawn up in English. Any translation is provided for convenience; in the event of a conflict, the English version prevails, except where the law of your country of residence provides otherwise.

29. CONTACT

Mellivo OÜ (Registry Code 17522398)
Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia
Email: studio@mellivoai.com