Livid Terms of Service

Acceptance of Terms

1. Binding Agreement: These Terms of Service ("Terms") constitute a binding legal agreement between you ("Customer," "User," or "You") and Livid, Inc. ("Livid," "We," or "Us"). By creating an account, accessing, visiting, or using the Livid video hosting platform, the LOVE tool (Livid One-click Video Exporter), or any associated API services (collectively, the "Services"), you unequivocally accept and agree to be bound by these Terms.

2. Eligibility: You represent and warrant that you are at least 16 years of age (or the age of digital consent in your jurisdiction, whichever is older). If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms.

3. Summaries: The "Short Version" summaries provided in these Terms are included for convenience and context only. They are not legally binding and do not modify the full legal text. In the event of a conflict between a "Short Version" summary and the full legal text, the full legal text shall control.

Description of the Services

Account Security

1. Authentication: Livid utilizes a "magic link" authentication system. Access to your account is granted solely through unique, time-sensitive links sent to the email address provided at registration. You acknowledge that the security of your Livid account is dependent entirely on the security of your email account.

2. Responsibility: You are solely responsible for maintaining the security of the email account associated with the Services. Livid shall not be liable for any data loss, financial loss, or reputational damage resulting from unauthorized access to your email account.

3. Account Deletion: If you wish to permanently delete your account and all associated data, you must contact support@livid.com. Upon verification of ownership, your account will be queued for deletion. This action is irreversible.

Plans, Payments, and Auto-Renewal

1. Authorization: By adding a payment method, you authorize Livid to charge the applicable subscription fees and any accrued Overage Fees automatically.

2. Automatic Renewal: All Paid Subscriptions automatically renew for the same subscription period (e.g., monthly or annually) at the then-current rate, unless you cancel your subscription prior to the renewal date. You authorize Livid to charge your payment method for these renewals.

3. Cancellation: You may cancel your subscription at any time via your account settings. If you cancel, your paid Services will remain active until the end of the current billing cycle. You will not receive a refund or credit for any remaining days in the cycle.

4. Refunds: You can refund an annual plan up to 14 days after the purchase date or 3 days for a monthly plan. We will only refund the most recent payment.

Bandwidth and Storage Limits

1. Bandwidth Allowance: Regardless of your subscription tier, your account is allocated a high-volume bandwidth transfer limit of 3 Terabytes (3,000 Gigabytes) per billing cycle ("Bandwidth Cap").

2. Overage Fees: Bandwidth usage is a metered service. If your usage exceeds the Bandwidth Cap in any single billing cycle, Livid will charge an overage fee of $6.00 USD per Terabyte (or pro-rated portion thereof) for all data transfer in excess of the cap. Livid may, but is not obligated to, provide in-product notifications or email alerts when your account approaches or exceeds the Bandwidth Cap.

3. Storage Quotas:

• Free Plan: Maximum storage capacity of 1 Gigabyte (1 GB).

• Pro Plan: Maximum storage capacity of 2 Terabytes (2,000 GB).

• Enforcement: Uploads that would cause your account to exceed your plan's specific limit will be rejected at the API level.

1. Downgrade and Data Retention: If you downgrade to a plan with lower storage limits (e.g., Pro to Free) while exceeding those limits, your account will enter a "Content Lock" state. Livid applies a retention grace period based on your continuous tenure as a paid subscriber:

• Tenure < 6 Months: 30 days retention.

• Tenure 6–12 Months: 60 days retention.

• Tenure > 12 Months: 90 days retention.

• Deletion: Failure to reduce storage usage by the end of the Grace Period may result in the permanent deletion of User Content, starting with the oldest uploads.

1. Dormancy: Free tier accounts with no activity (login, upload, or playback) for 12 consecutive months are considered "Dormant" and may be terminated with 30 days' notice.

User Content Ownership and License

Acceptable Use Policy (AUP)

1. Sexually Explicit Content (Strict Prohibition): Livid strictly prohibits pornography and sexually explicit content. This includes, but is not limited to:
• Pornography: Any depiction of sexual acts, including intercourse, masturbation, or oral sex, regardless of whether it is simulated or real.
• Sexualized Nudity: Full or partial nudity presented in a sexual context or for the purpose of sexual gratification.
• Solicitation: Content that promotes sexual services, escort services, or prostitution.
• Non-Consensual Sexual Content: Any content depicting sexual violence, "revenge porn," or non-consensual sexual acts.
• Note on Artistic Nudity: Allowances for non-sexual nudity (e.g., fine art, medical documentary) are narrow and determined at Livid's sole discretion. If the primary intent appears to be sexual gratification, it will be removed.

2. Hateful and Discriminatory Content: Content that promotes violence, incites hatred, promotes discrimination, or disparages on the basis of race, ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, or gender identity.

3. Violence and Illegal Activities:
• Terrorism: Content that promotes or supports terror groups or acts of terrorism.
• Graphic Violence: Real-world graphic violence posted for shock value or gratification.
• Illegal Acts: Content that encourages illegal acts or provides instructions on creating weapons/explosives.

4. Malicious Behavior:
• Malware/Spam: Uploading viruses, malicious code, or using Livid for unsolicited bulk SEO spam.
• Harassment: Content that threatens, harasses, bullies, or doxes individuals.

5. Any content that violates applicable local, state, federal, or international law

Artificial Intelligence Policy

1. No Training Covenant: Livid explicitly covenants that it will not access, use, or license any User Content stored on the Services for the purpose of training, fine-tuning, or improving any generative artificial intelligence models, large language models (LLMs), or image generation systems.

2. Opt-In Utility AI (Transcription): Livid utilizes AI transcription solely on a voluntary, per-video basis. Automated Speech Recognition (ASR) processing is not applied to User Content unless you manually initiate the process for a specific video file.

3. Transcription Fair Use: Access to free AI transcription is subject to Fair Use. Prohibited activities include "wash trading" (uploading, transcribing, and deleting solely to abuse compute resources) and bulk automation via scripts. Usage exceeding 300 minutes per 24-hour period may be throttled.

Copyright & DMCA Policy

Termination

• You have violated or are likely to violate these Terms or the Acceptable Use Policy

• Your use of the Services poses a legal, security, or operational risk to Livid or other users

• We are required to do so to comply with applicable law, regulation, or legal process

The LOVE Tool (Livid One-Click Video Exporter)

1. Grant of License: Livid grants you a personal, non-exclusive, non-transferable license to use the LOVE exporter software ("Software") solely for migrating content to Livid, exporting to supported third-party destinations (Google Drive, Dropbox), or for personal archival.

2. Third-Party Destinations: The Software enables data transfer to third-party services. By using this feature, you authorize Livid to access your accounts on these destinations to facilitate the transfer. You acknowledge that Livid is not responsible for data loss, corruption, or transfer failures caused by third-party API limits, storage quotas, or service outages.

3. Download Liability: For content downloaded locally, Livid’s responsibility ceases immediately upon successful transfer. You assume full responsibility for storage and security.

4. Ownership Warranties: You represent and warrant that you own or have the necessary rights to copy and export any content processed through the LOVE tool. You agree not to use the Software to copy content you do not legally own.

Changes to These Terms

Privacy Policy

Indemnification

• Your access to or use of the Services

• Any User Content you upload, store, transmit, or otherwise make available through the Services

• Your violation or alleged violation of these Terms

• Your infringement or alleged infringement of any intellectual property, privacy, publicity, or other rights of any third party

• Any activity conducted through your Livid account, whether by you or by any person accessing the Services using your account

Limitation of Liability

1. THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

2. Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIVID'S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LIVID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Governing Law

Corporate Information