Terms of Use

Keldwave provides AI-powered tools to generate and edit images and video from text prompts and reference media, plus related community and account features. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes. The Service evolves; we may add, change, or discontinue features, and may require updates, at any time.

To use certain features you must register an account with true, accurate, current information and keep it updated. You are responsible for all activity under your account and for keeping your password secure; notify us immediately of any unauthorized use. You must be 18+; you may not create an account for someone else, under a false identity, if previously banned, or maintain more than one account. You have no ownership interest in the account itself, which remains ours.

“Your Content” is everything you upload, input, or generate — including reference images, prompts (“Inputs”) and generated images/videos (“Outputs”). You, not Keldwave, are solely responsible for Your Content. We have no obligation to store it and no liability for its deletion, loss, or accuracy, subject to our Privacy Policy.

4.1 The Service. We and our licensors own all rights in the Service (software, models integrated by us, branding, design). AI models are provided by their respective providers under their own licenses. You get no ownership of the platform or models.

4.2 Your Content; your Outputs. We do not claim ownership of Your Content, your Inputs, or your Outputs. On paid plans, you may use your Outputs for commercial purposes. You represent you own or have sufficient rights to Your Content to grant the license below.

4.3 Operational & community license. You grant Keldwave a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, and display Your Content solely to operate and provide the Service to you — including, where you choose to publish content to public areas (community feed, public profile, share pages), to display and distribute that published content to other users and the public. Other users and the public may view, and may copy or cache, content you make public. This license ends when you delete the content or your account, except for content already shared publicly or retained in backups for a limited period.

4.4 AI training. We do not train, fine-tune, or otherwise develop AI models. We do not use your reference photos, facial or biometric data, the identities you create, your prompts, or your Outputs to train, fine-tune, or improve any AI model, and we do not sell them. The models made available through the Service are operated by third-party providers under their own terms.

4.5 Username & feedback. You permit us to identify you by your username as the contributor of content you make public. Any feedback you send is non-confidential and we may use it without obligation or compensation.

Some features let you create an “AI identity” from reference photos of a person.

• Your rights & consent. You represent and warrant that you are the person shown, or that you have that person's express consent and all rights necessary to upload and process their images. You may not upload images of other people without permission, of minors, or of public figures for deceptive purposes.
• What we do with the photos. We process reference photos through third-party AI providers to generate a written physical description and the images you request. We do not create or store a facial-geometry template, faceprint, or biometric identifier of anyone. We do not use these photos to train models and we do not sell them.
• Retention & deletion. Reference photos and the identity are kept while you maintain the identity in your account and are deleted when you delete the identity or your account, subject to limited backup retention and legal holds. See the Privacy Policy.
• Where required (e.g., Illinois), we obtain your explicit consent at upload before processing this data.

Outputs are generated by AI and may be inaccurate, unrealistic, or unsuitable for a given use. You must not present an Output as a real photograph or statement of a real person without disclosing that it was AI-generated or AI-altered. You are solely responsible for how you use and publish Outputs, including compliance with advertising, defamation, impersonation, publicity/likeness, and other applicable laws.

You will not (and will not let anyone else): use the Service unlawfully; make available or knowingly generate content that is illegal, harmful, harassing, defamatory, hateful, sexually explicit, or that infringes anyone's IP, privacy, publicity, or biometric rights; depict minors inappropriately or generate CSAM; create deceptive deepfakes, disinformation, or fraud; impersonate any person or entity; upload another person's image without permission; scrape or use bots on the Service; reverse engineer the Service; or use the Service or Outputs to build, train, or improve a competing AI model or product. We may set and change usage/API limits at any time.

We may (but need not) monitor, screen, remove, or refuse any content and may suspend or terminate accounts, in our discretion, including for suspected violations, harm, or legal risk. We may disclose your information as described in Section 15 (DMCA) and the Privacy Policy, or to comply with law or protect rights and safety.

The Service may link to or integrate third-party services (including AI providers and payment processors). We do not control and are not responsible for third-party services; your use of them is governed by their terms.

10.1 Payments. Paid features require a fee. We use Stripe to process payments; by paying you agree to Stripe's terms and authorize us and Stripe to charge your payment method for all fees due, plus applicable taxes. You are responsible for keeping payment info accurate. Except as stated here or required by law, fees are non-refundable.

10.2 Refunds. You may request a refund of an initial purchase within seven (7) days, provided no Credits/tokens have been used, subject to a service fee not exceeding 6% where permitted by law. Renewals are non-refundable.

10.3 Tokens/Credits. Tokens are prepaid amounts usable only within the Service. They have no cash value, are non-transferable and non-redeemable for cash except where required by law, and unused tokens are forfeited on account cancellation. We may change token pricing and value at our discretion. Promotional tokens may expire and carry no cash value.

10.4 Taxes. Fees exclude taxes; where we must collect sales/VAT tax we add it. You are responsible for taxes you are required to self-remit.

Subscriptions automatically renew at the then-current price for the same period until cancelled. You authorize us to charge your payment method at the start of each period. You may cancel anytime in your account settings or by contacting [email protected]; cancellation takes effect at the end of the current period and no partial refunds are given for the current period. We may change prices with prior notice; continued use after the change is acceptance. Upgrades take effect immediately; downgrades take effect next period.

You will indemnify and hold harmless Keldwave and its members, officers, employees, and suppliers from any claims, losses, and expenses (including reasonable attorneys' fees) arising from Your Content or Outputs, your use or misuse of the Service, your violation of these Terms or any law, or your violation of any third party's rights.

The Service and all Outputs are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that Outputs will be accurate, original, lawful, or fit for your use.

To the fullest extent permitted by law, Keldwave will not be liable for any indirect, incidental, special, consequential, or punitive damages, or lost profits or data. Our total liability for any claim will not exceed the greater of (a) the amounts you paid us in the 3 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some may not apply to you.

It is our policy to terminate, in appropriate circumstances, users who are repeat infringers. If you believe content on the Service infringes your copyright, trademark, or other IP, send our designated agent a notice with: (a) your signature; (b) identification of the work; (c) the location (URL) of the material; (d) your contact info; (e) a good-faith statement that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner. Counter-notices may be submitted with equivalent information and your consent to federal jurisdiction; we may restore material in 10–14 business days absent a court action.

Designated agent: Jose Romero — Keldwave LLC — 2125 Biscayne Blvd, Ste 204 #27179, Miami, FL 33137 — [email protected] (U.S. Copyright Office reg. DMCA-1075976).

These Terms apply while you use the Service. We may suspend or terminate your access at any time, with or without cause, and immediately for a material breach; if we terminate without cause we will refund any prepaid, unused subscription. You may terminate by closing your account. On termination your license ends and we may delete Your Content. Sections that by nature should survive (ownership, licenses granted to us, disclaimers, liability limits, indemnity, arbitration) survive.

The Service is operated from the United States. We make no representation that it is appropriate or available elsewhere; if you access it from other countries you do so at your own initiative and are responsible for local-law compliance.

Read carefully — this affects your legal rights.

18.1 Scope. Except for small-claims matters and requests for IP injunctive relief, you and Keldwave agree that any dispute relating to the Service or these Terms will be resolved by binding, individual arbitration, governed by the Federal Arbitration Act.

18.2 Informal resolution first (condition precedent). Before starting arbitration, the initiating party must send a written notice describing the dispute to [email protected] (or our Miami address) and the parties will confer in good faith (by phone/video) within 45 days. This is required before either party may arbitrate; limitations periods are tolled during this process.

18.3 Rules & forum. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in the county where you reside or remotely. Materials exchanged remain confidential.

18.4 Waivers. You and Keldwave waive jury trials and may bring claims only on an individual basis, not as a class or representative action.

18.5 Batch arbitration. If 100+ substantially similar demands are filed by or with the same firm within 30 days, the AAA will administer them in batches of up to 100 with one arbitrator and one fee set per batch.

18.6 Arbitrator authority. The arbitrator decides all issues except the class waiver (18.4), arbitration-fee disputes, and conditions precedent, which a court decides. The arbitrator may award damages only within Section 14.

18.10 30-day opt-out. You may opt out by written notice to 2125 Biscayne Blvd, Ste 204 #27179, Miami, FL 33137 (or [email protected]) within 30 days of first accepting these Terms, stating your name, account email, and that you opt out. Opting out does not affect the rest of these Terms.

Governing law & venue. Florida law governs (with the FAA), without regard to conflict-of-law rules; where court action is permitted, exclusive venue is the state or federal courts in Miami-Dade County, Florida.

Choice of language. The English version of these Terms governs.

Electronic communications. You consent to receive communications electronically.

Assignment. You may not assign these Terms; we may.

Force majeure. We are not liable for events beyond our reasonable control (including outages, provider/API failures, unavailability of AI models).

Export control. You comply with U.S. export and sanctions laws and are not a barred party.

Changes. We may update these Terms and will update the “Last updated” date and, for material changes, notify account holders; continued use is acceptance. Waiver, severability, and entire-agreement provisions apply.

Contact: [email protected]