Terms of Service

Last Updated: October 4, 2026. Effective October 4, 2026 for new users and November 3, 2026 for existing users.

Please read these Terms carefully. Section 24 contains a binding arbitration agreement and a class action waiver that affect how disputes are resolved. You can opt out of arbitration within 30 days, as described in Section 24.7. You must be 18 or older to use Kilona.

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and Voxel Marketing LLC, a Delaware limited liability company with its principal place of business in San Francisco, California ("Company," "we," "our," or "us"), and govern your access to and use of the Kilona application, our websites (including kilona.org and beta.kilona.org), and related services (collectively, the "Service").

By downloading, accessing, or using the Service, or by signing in, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

The following are part of these Terms and are incorporated by reference:

If additional terms for a specific feature conflict with these Terms, the additional terms control for that feature.

You can use Kilona's creation tools as a guest without an account. AI generation, Create Credits, purchases, cloud backup, cloud rendering, publishing, contests, and workspaces require you to sign in.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Service. This requirement applies to every user, including people who created an account before these Terms took effect. If you are under 18, you may not use the Service. We may suspend or close any account that we reasonably believe belongs to someone under 18.

You may not use the Service if you are barred from doing so under the laws of the United States or the laws of where you live, including the sanctions rules described in Section 26.

If you use the Service on behalf of a business or other organization, you confirm that you have authority to accept these Terms for it, and "you" includes that organization.

By using the Service, you represent and warrant that you meet these requirements and that you have the legal capacity to enter into these Terms.

3. The Service

Kilona is an AI production studio for making images, video, audio, 3D content, and animation. The Service includes:

  • creation tools for rigs, scenes, renders, compositions, timelines, audio, and text;
  • AI generation of images, video, speech, sound effects, music, 3D meshes, motion, and text, plus AI voice change, dubbing, audio isolation, upscaling, descriptions, and transcription;
  • workflows, which chain steps such as AI generation and rendering into a single run;
  • Actors, which are reusable characters for AI video (see Section 7);
  • cloud backup, cloud rendering, publishing, contests, and workspaces.

Some features run on your device. AI generation runs on models operated by third parties (see Section 6). Workflows and cloud renders run on our servers and on render computers operated by us or for us.

Features vary by plan, country, device, and app version. Accounts, cloud features, and contests may not be available in every country. We may add, change, limit, suspend, or discontinue any part of the Service at any time, including features, plans, models, prices, and limits, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. Accounts and Sign-In

To use account-based features, you may sign in using a passwordless email link, Google, or Apple. When you sign in, you authorize us and these providers to share limited information with us, such as your email address and a provider account identifier, as described in our Privacy Policy.

Your account is for you alone. You may not share your sign-in or let anyone else use your account. Each person may have only one personal account, and you may not create additional accounts to obtain free, starter, or promotional credits, to get around limits, or to return after we have closed an account.

You may choose a display name and handle. They must not impersonate anyone or infringe anyone's rights. We may change or reclaim a handle at any time.

You are responsible for maintaining the confidentiality of your account and the devices and credentials used to access it, and for all activity that occurs under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion, including for violations of these Terms.

5. AI Generation: Inputs and Outputs

5.1 Definitions

"Inputs" means anything you provide to an AI feature, including prompts, text, scripts, reference images, video, and audio, uploads, projects, Actors, voice samples, and settings. "Outputs" means what an AI feature returns to you, including images, video, audio, speech, music, 3D meshes, motion, text, descriptions, and transcripts.

5.2 You own your Outputs

As between you and us, you own the Outputs you generate, on every plan, including the free Basic plan. You may use your Outputs for any lawful purpose, including commercial purposes, subject to these Terms. To the extent we have any rights in your Outputs, we assign them to you. This does not give you rights in Inputs that belong to someone else, in Kilona Content (Section 16), or in third-party material that appears in an Output.

5.3 No guarantees about Outputs

  • Not unique: AI models can produce the same or similar Outputs for different people. Outputs other people generate belong to them, even if they resemble yours.
  • No exclusive rights promised: We do not promise that Outputs can be protected by copyright or that you will have exclusive rights in them.
  • May be wrong or objectionable: Outputs may be inaccurate, incomplete, offensive, or may resemble existing works, people, brands, or trademarks. We do not review Outputs or clear rights in them.
  • Your responsibility: Review Outputs before you use, publish, or rely on them. You are responsible for how you use them, including obtaining any rights or permissions your use requires.
  • Not advice: Text Outputs, descriptions, and transcripts may be wrong and are not legal, medical, financial, or other professional advice.

5.4 Refusals and safety filters

Models may refuse a request or block an Output under their own safety filters. A refused job is not charged (Section 12.3). We are not responsible for a provider's decision to refuse or block a request.

5.5 AI labels and disclosure

We may label content made with generative AI (for example, "Made with Generative AI") and may embed machine-readable marks or metadata that identify content as AI-generated. You may not remove, alter, or obscure these labels or marks. Where the law requires it, you must disclose that content is AI-generated or AI-altered, particularly realistic depictions of people, places, or events. You may not present AI Outputs as made entirely by a human where that would mislead people or where disclosure is required.

6. Model Providers

Kilona's AI features use models run by third parties. When you start a job, your Inputs are sent to the provider that runs the model you chose, and the Output is returned to us and to you. Our providers currently include:

  • fal, which hosts models from companies such as Google, Meta, xAI, Alibaba, Black Forest Labs, MiniMax, Kling, Tencent, and Meshy;
  • OpenAI;
  • BytePlus ModelArk, which runs ByteDance's Seedance and Seedream models and hosts Actor registrations; and
  • ElevenLabs, for voices, speech, sound effects, music, dubbing, and transcription.

Provider policies also apply. In addition to these Terms, you must follow the usage policies of the provider that runs your job, including the fal Acceptable Use Policy, the OpenAI Usage Policies, the BytePlus GenAI Acceptable Use Policy, the ElevenLabs Prohibited Use Policy, and the Google Generative AI Prohibited Use Policy. Where a provider's policy is stricter than these Terms, it applies to jobs run on that provider.

Models change. Models and providers may be added, changed, repriced, limited, or retired at any time, including models used inside workflows you have added or built. We do not promise that any model will remain available. We do not silently switch a job you started to a different model: if the model you chose is unavailable, the job fails and is not charged. A model being changed or retired does not entitle you to a refund.

We are not responsible for a provider's outages, delays, output quality, refusals, or changes.

7. Likeness, Voices, and Actors

7.1 Real people

You may not use the Service to create content that depicts or imitates an identifiable real person's face, body, voice, name, or likeness unless that person is you or has given you permission for that use. Even with permission, you may not create content that shows a real person in a sexual or sexually suggestive way, that is defamatory or harassing, that falsely shows them saying, doing, or endorsing something in a way meant to deceive, or that is political content designed to mislead. These rules apply to public figures too.

7.2 Actors

Actors are reusable characters you can cast in AI video. There are three kinds:

  • Virtual Characters are generated by AI from a description and style. A Virtual Character may by chance resemble a real person. You may not describe or reference a real person to create one.
  • Real Likeness Actors are based on a real, verified person. You may create one only of yourself, or of an adult who has agreed to you creating and using an Actor of them and who completes the provider's liveness and consent check themselves. The check is run by BytePlus. Reference images you add later must match the verified face. To register and match references, we and BytePlus process the person's face images and, through the check, facial geometry. This data is kept while the Actor exists and is deleted when the Actor is deleted, or when your account is deleted if the Actor is not published. You may not attempt to defeat or work around verification. If the person withdraws consent, you must delete the Actor, and we may delete it at their request.
  • Stock Actors are provided by Kilona and our providers for use in your work under Section 16. They may be changed or removed at any time.

We review every Actor submitted for publishing (Section 10). If an Actor is based on a real person, you confirm that the person has agreed in writing to the Actor being published and used by others. We may ask for proof and may refuse to publish any Actor.

7.3 Voices

Voices in the app come from our voice roster, which is provided through ElevenLabs. Use voice features (speech, voice change, dubbing, and audio isolation) only with recordings you have the right to use. You may not use them to imitate a real person's voice without that person's permission, or to make anyone believe a real person said something they did not say. Voice samples you make for an Actor are part of that Actor.

7.4 Removal requests

If you believe content on Kilona depicts you, or someone you are authorized to represent, without consent, contact us using the details in Section 28. Tell us where the content is, who it depicts, and that it was made or shared without consent. We review requests promptly and remove content that violates this Section. We remove non-consensual intimate imagery, and identical copies we know of, within 48 hours of receiving a valid request. If we tell you that content you made or shared violates this Section, you must stop distributing it and delete it.

8. Content Policy

You agree not to use the Service to create, upload, publish, or share, or to help anyone else create, any content or activity that:

  • sexualizes, exploits, or endangers minors in any way, whether real or synthetic, including any sexual or suggestive depiction of someone who is or appears to be under 18. We have zero tolerance for this and report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) and law enforcement;
  • is non-consensual intimate imagery, or sexual content depicting a real person;
  • is sexually explicit or pornographic;
  • is a deepfake or impersonation of a real person without consent, or falsely presents someone as saying or doing something (see Section 7);
  • is designed to mislead people about elections, voting, or civic processes, or impersonates candidates, officials, or government bodies;
  • harasses, threatens, bullies, defames, or exposes private information about anyone, or promotes violence, terrorism, or hatred based on protected characteristics;
  • promotes or glorifies self-harm, suicide, or eating disorders;
  • gives instructions for weapons capable of mass harm or otherwise facilitates serious crime;
  • is fraud, a scam, spam, or phishing, or is a fake document, ID, record, review, or testimonial;
  • infringes copyright, trademark, privacy, publicity, or other rights, or includes someone else's personal information without permission;
  • contains malware or is used to attack, probe, or disrupt any system; or
  • violates any law or a model provider's usage policy (Section 6).

You also agree not to, and not to let anyone else:

  • bypass, disable, or test the limits of safety filters, content moderation, or usage limits, including through prompt injection or "jailbreak" techniques;
  • use the Service or Outputs to develop or improve a product or AI model that competes with the Service or with a model provider, or to extract or copy any model;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by applicable law;
  • copy, modify, distribute, sell, sublicense, rent, or lease any part of the Service, or remove or alter any proprietary notices;
  • access the Service through automated means or scrape it, except through features we provide, or interfere with, disrupt, overload, or circumvent the security or integrity of the Service;
  • attempt to gain unauthorized access to any account, system, or data;
  • sell, rent, share, or transfer your account, Create Credits, passes, or unlocks, or offer the Service's generation or rendering capacity to others as a service; or
  • create multiple accounts to get around limits or a suspension.

Enforcement. Model providers screen prompts and Outputs and may refuse them. We review everything submitted for publishing and content reported to us, and we may (but are not required to) review use of the Service for violations. If we believe you have violated these Terms, we may refuse or stop jobs, remove or disable content, retire published items, limit features, suspend or close your account, and preserve and report information to law enforcement, NCMEC, or affected people. We may do any of this without notice and without a refund.

9. Your Content and License to Us

"User Content" means any content you create, upload, store, or transmit through the Service. This includes projects (such as rigs, scenes, renders, compositions, timelines, audio, fonts, and 3D models), Inputs, Outputs, Actors, workflows, contest entries, names, and thumbnails.

You retain all ownership rights in your User Content. We do not claim ownership of your User Content.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, display, and create technical modifications of your User Content solely as needed to operate, provide, secure, and improve the Service for you. This includes sending Inputs to model providers to run your jobs, rendering, generating thumbnails and previews, and syncing content across your devices. This license lasts only as long as your User Content is stored in the Service and ends when you delete the content or your account, except for content you have published (Section 10), contest entries (Section 11), content in a workspace (Section 14), content retained in routine backups for a limited period, and content we must keep by law.

Uploads. Each time you upload anything to Kilona, including photos, videos, audio, 3D models, fonts, and other files, you represent and warrant that:

  • it is original to you, or you have every right, license, and permission needed to upload it and use it in Kilona, including with AI features;
  • it does not use a real person's face, voice, name, or likeness unless that person is you or has given you permission;
  • it does not infringe anyone's copyright, trademark, or other rights; and
  • it is not unlawful, harmful, or abusive, and it does not impersonate anyone.

For fonts and 3D models, you must hold a license that permits their use in Kilona and in the work you make with them.

You are responsible for your User Content and represent and warrant that your User Content, and our use of it as permitted here, does not infringe or violate the rights of any third party or any law. We may remove User Content that violates these Terms and suspend accounts that upload it.

10. Publishing Workflows and Actors

10.1 Submitting for review

You can submit workflows and Actors you have made to be published in Kilona's gallery. Every submission is reviewed by us. We decide whether, when, and how to publish it, and we may reject a submission without explanation. We may also:

  • edit how it is presented, including its cards, banners, previews, guides, name, and tagline;
  • set which plan is required to run it and whether adding it costs Create Credits;
  • publish an earlier version instead of the latest one;
  • choose whether and where to feature it; and
  • retire it at any time.

10.2 What you confirm

When you submit something for publishing, you confirm that you own or have all rights to everything in it, including projects, media, previews, voice samples, fonts, 3D models, and references, and that you have the right to grant the license below. You also confirm that anyone recognizable in it has agreed as described in Section 7.2, and that it complies with these Terms.

10.3 License to us and other users

When we publish your submission, you grant us and other users of the Service a worldwide, non-exclusive, royalty-free, sublicensable license to:

  • host, store, reproduce, display, perform, distribute, and adapt it (for formatting and presentation), and make it available in the Service and on our websites;
  • let users add it to their Collection, run it, and install read-only copies of it;
  • show your display name or author name with it; and
  • use it, including its previews, to promote Kilona.

This license lasts until we retire the item, and it continues for Outputs users have already made with it.

10.4 Outputs belong to the people who make them

Outputs that other users make with your workflow or Actor belong to them under Section 5. You have no rights in their Outputs, and they have no rights in your submission beyond this license.

10.5 No payment

Publishing is voluntary. You will not be paid for your submissions or their use, and you are not owed any share of Create Credits other users spend on them, unless we agree otherwise in a separate written agreement signed by us.

10.6 Retiring and unpublishing

  • Workflows: a retired workflow is removed from the gallery and can no longer be run by anyone, including people who added it to their Collection or paid to unlock it. Unlocks are not refunded (Section 12.8).
  • Actors: an unpublished Actor leaves Browse and is removed from everyone who added it. Your own Actor stays in your library. You cannot delete a published Actor until it has been unpublished.
  • Account deletion: published workflows and Actors stay published if you delete your account (Section 20). Contact us if you want them retired.

11. Contests

We may run contests from time to time. Each contest has Official Rules on its contest page that set out eligibility, dates, judging, and prizes. If the Official Rules conflict with these Terms, the Official Rules control for that contest. You must be at least 18 and meet the Official Rules to enter. Contests may not be available in every country and are void where prohibited.

Entries are public. When you submit an entry, a copy of it is published to the contest's pages on our website and in the app. By default anyone can view and share your entry. If you choose to keep an entry private, it is hidden from the public gallery during judging, but if you win, your entry will be shown publicly.

Entry license. For each entry, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to host, reproduce, display, distribute, and share the entry and your display name on contest pages, in the app, in contest archives, and in promotion of the contest and of Kilona. Your entry must be your own work (or properly licensed) and must comply with these Terms.

Apple is not a sponsor of, and is not involved in, any contest.

12. Plans, Create Credits, and Passes

12.1 Plans

The Service offers a free plan (Basic) and paid plans (currently Pro, Max, Ultra, and Ultra Power). Paid plans are sold as auto-renewable in-app purchases processed by Apple through the App Store, and entitlements may be managed on our behalf by our subscriptions provider (RevenueCat). We do not receive or store your full payment card details.

  • Payment: Payment is charged to your Apple ID account at confirmation of purchase.
  • Auto-Renewal: Your subscription automatically renews for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
  • Managing and Canceling: You can manage or cancel your subscription in your Apple ID account settings. Canceling stops future renewals. Your plan stays active until the end of the current period, and the current period is not refunded.
  • Upgrades and Downgrades: Upgrades take effect immediately. Downgrades start at your next renewal.
  • Price Changes: We may change plan prices. Changes apply to future billing periods, and where required by law you will be given notice and an opportunity to cancel.
  • Free Trials and Promotions: If offered, free trials and promotional offers are subject to additional terms disclosed at the time of the offer and may be modified or withdrawn at any time.

Plan limits. Each plan has limits shown in the app, such as cloud storage, custom Actor slots, the number of runs and generations that can run at the same time, monthly Create Credits, and per-job limits on length and size. Plan contents and limits may change. If you downgrade, nothing is deleted, but:

  • if your storage is above the new limit, you cannot upload more until you are under it;
  • if you have more custom Actors than the new plan allows, you keep them but cannot create new ones; and
  • workflows and Actors that require a higher plan stop running for you.

12.2 Create Credits

Create Credits pay for AI generation and cloud rendering. They are a limited, revocable license to use those features, not money or property. Create Credits have no cash value, cannot be redeemed for cash, and cannot be sold, traded, or transferred to another account (except within a workspace as described in Section 12.5).

The app shows how many credits a job will cost before you confirm it. Rates may change at any time. Some jobs, such as cloud renders, are billed by actual usage and may cost more or less than the estimate.

12.3 How charges work

  • When you start a job, we reserve its quoted credits. You are charged when the job completes.
  • If a job fails, is refused by the model, or is cancelled before the model starts it, the reservation is released and nothing is charged.
  • Some models cannot be stopped once they start. Cancelling a job on such a model may not prevent the charge.
  • If a job's result arrives more than 24 hours after you started it, it is still charged.
  • A job that completes is charged even if you do not like the result or it does not match your prompt.

12.4 Kinds of credits, spend order, and expiry

  • Plan credits: each paid plan adds its monthly credits at each renewal, and immediately when you upgrade. Unused plan credits roll over while your paid subscription stays active, including when you move between paid plans. When your paid subscription ends (because you cancel and the period ends, a payment lapses, or the purchase is refunded), all unused plan credits are forfeited.
  • Pack credits: credits you buy as one-time packs never expire. They stay with your account if you change or cancel your plan.
  • Free credits: credits we give you for free (such as starter credits, promotions, gifts, or goodwill) may expire, normally one year after they are granted, and may be revoked if they were obtained through abuse, multiple accounts, or error.
  • Spend order: plan credits are used first, then credits that expire soonest, then pack credits.
  • Negative balance: if a cloud render costs more than your available credits, the difference is recorded as a negative balance and is taken from the next credits you receive, including credits you buy.
  • Account deletion: deleting your account forfeits all credits, and they cannot be recovered.

12.5 Workspace credits

The owner of a workspace can move personal credits into the workspace's shared pool. Credits moved into a pool cannot be moved back. The owner can give members allowances from the pool:

  • one-off allowances expire one year after they are given; and
  • monthly allowances refresh each month, and whatever is unused returns to the pool.

When you run something in a workspace, your allowance there is used before your personal credits. If a workspace is deleted, the credits in its pool are forfeited.

12.6 Boost Pass

A Boost Pass is a one-time purchase that lets eligible jobs run for 24 hours without using your credits.

  • Starting: you must start a pass within 30 days of buying it. A pass that is not started within 30 days expires unused.
  • Duration: a pass lasts 24 hours from the moment you start it and cannot be paused.
  • One job at a time: while one covered job is running, new covered jobs are refused until it finishes.
  • What is covered: covered jobs started during the pass cost no credits and can use any public workflow or Actor, whatever plan it normally requires.
  • What is not covered: these are charged to your credits as usual:
    • runs in a workspace;
    • your own synced workflows;
    • the price of unlocking a paid workflow; and
    • models, resolutions, lengths, and other settings the pass does not cover, which the app shows before you run. Some of these are subject to a fair-use limit instead.
  • Whole runs: a workflow run is covered in full or not at all. If any step of a run is not covered, the whole run is charged to your credits.
  • Runs in progress: a job or run started during the pass finishes on the pass, even if the pass ends first.
  • Your plan stays the same: cloud storage, custom Actor slots, and monthly credits stay at your plan. Workflows and Actors you add to your Collection during a pass stay there, but running them after the pass uses credits and your plan's limits.
  • Fair use: after heavy use during a pass, new jobs may wait longer before they start. They are never cancelled for this reason. We may change these thresholds at any time.
  • One pass at a time: you can buy a new pass only when you have no unused or active pass.
  • Personal: passes cannot be transferred, combined, or paused. We may stop selling passes at any time. Passes you already own keep working.

12.7 Paid workflow unlocks

Some published workflows cost Create Credits to add. The price is shown before you confirm. It is charged when you unlock the workflow (or, in some versions of the app, when your first run of it completes). An unlock is final and lasts for your account. Each run is billed separately unless a Boost Pass covers it, and a Boost Pass never covers the unlock price. Removing a workflow from your Collection keeps the unlock. If the workflow is retired (Section 10.6), you can no longer run it and the unlock is not refunded.

12.8 Refunds

All purchases are final. Except where required by law, there are no refunds, credits, or pro-rata refunds for any of the following:

  • partially used subscription periods;
  • unused credits of any kind;
  • unused pass time or passes that expire unused;
  • workflow unlocks;
  • models, workflows, Actors, or features that are changed or retired;
  • downgrades, outages, delays, or Outputs you are not satisfied with; or
  • suspension, termination, or deletion of your account.

App Store purchases. Purchases in the app are processed by Apple, and refund requests are handled by Apple under its policies. We cannot issue refunds for App Store purchases.

If Apple refunds a purchase, we remove what it paid for:

  • for a credit pack, its credits are removed, and any of them you already used become a negative balance that is taken from future credits;
  • for a Boost Pass, the pass is ended; and
  • for a subscription, the plan ends and its plan credits are forfeited.

Deleting your account or the app does not cancel your App Store subscription. Cancel it in your Apple ID account settings.

12.9 Taxes

Apple collects and remits applicable taxes on App Store purchases. Prices shown in the App Store may include or exclude taxes depending on where you live.

13. Cloud Storage and Backup

Signing in enables optional cloud backup of your content. Cloud backup is device-scoped and additive: it copies content from a device into your cloud storage and does not delete or overwrite the local files on your device.

Storage and item limits vary by plan and may change over time. If your usage exceeds the limits of your plan, or if you downgrade or cancel a paid plan, some content may no longer sync or may become inaccessible from the cloud until you free up space or restore an eligible plan.

The cloud backup feature is a convenience and is not a guaranteed or sole backup of your content. You are responsible for maintaining your own independent backups of any content that is important to you. We are not liable for any loss, corruption, or unavailability of content stored in or restored from the Service.

14. Workspaces and Collaboration

Where available, workspaces let a team share projects, workflows, Actors, and assets, and edit together in real time.

  • Owners: the owner creates and funds the workspace (Section 12.5) and controls its settings and membership. The owner, and members the owner allows, can add people by handle. People are added without an invitation step. If you do not want to be in a workspace, ask its owner to remove you or contact us.
  • Members: depending on the permissions the owner grants, members can edit, delete, download, and publish workspace content and manage other members. Every member can see and download everything in the workspace. Do not put anything in a workspace that you do not want its members to see.
  • Content: content you create or upload in a workspace stays in the workspace if you leave or are removed. You grant the workspace's owner and members a license to use, edit, and publish that content within the Service for the workspace's purposes.
  • Real-time editing: changes other members make are applied live. We are not responsible for changes or deletions made by members.
  • Ownership changes: if the owner deletes their account, ownership passes to another member.
  • Passes: workspace runs are not covered by a Boost Pass.

15. Third-Party Services

The Service relies on and may interoperate with third-party services. These include the Apple App Store and Sign in with Apple, Google and Firebase, our subscriptions provider, cloud hosting and storage providers, analytics providers, the model providers in Section 6, and Discord for our community and beta program. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions. The Service may also contain links to third-party websites or resources that we do not control.

16. Our Intellectual Property and Kilona Content

The Service and all software, technology, designs, text, graphics, logos, user interfaces, sample content, and other materials provided by us, together with all intellectual property rights in them, are and remain the exclusive property of the Company and its licensors. "Kilona," the Kilona logo, and related marks are trademarks of the Company. These Terms do not transfer any ownership of our intellectual property to you.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, solely for your own use. All rights not expressly granted to you are reserved by the Company. Nothing in these Terms grants you any license to use our trademarks or brand features without our prior written consent.

Kilona Content. "Kilona Content" means the content we provide in the Service, including Stock Actors, voices, styles, starter projects, templates, sample assets, tutorials, guides, and workflows we publish. Subject to these Terms, you may use Kilona Content in your projects and Outputs, including commercially. You may not:

  • redistribute, sell, or license Kilona Content on its own or as part of a collection, template pack, or asset library; or
  • use Kilona Content to build a competing product.

Stock Actors and voices come from our providers and may be changed or removed at any time.

17. Feedback, Beta, and Experimental Features

Feedback: If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose without any obligation or compensation to you.

Beta and experimental features: Features marked Available to Test, beta, preview, or experimental may be incomplete, may lose data, and may change or be removed at any time. They are provided as-is, without any warranty. If you join the Kilona Beta Program, the Beta Program Terms also apply.

19. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy. By using the Service, you acknowledge that you have read the Privacy Policy.

20. Termination and Account Deletion

20.1 By you

You may stop using the Service at any time and may delete your account in the app's settings. Deleting your account is permanent and cannot be undone. When you delete your account:

  • we delete your account, the projects and cloud backups stored with us, your private (unpublished) Actors and the face and reference data our providers hold for them, and your contest entries;
  • your Create Credits, passes, and unlocks are forfeited;
  • published workflows and published Actors stay published under Section 10 until we retire them (contact us if you want them retired);
  • workspaces you own that have other members pass to another member; and
  • your App Store subscription is not canceled. Cancel it in your Apple ID account settings.

Removing data from storage and backups may take additional time, and some data may be kept where the law requires.

20.2 By us

We may suspend or terminate your access to all or part of the Service at any time, with or without notice. This includes if we believe you have violated these Terms, if required by law, or to protect the Service, other users, or third parties. When access ends, your right to use the Service ends, we may delete User Content stored in the Service, and your Create Credits, passes, and unlocks are forfeited without refund. If we close your account for violating these Terms, you may not create a new account.

20.3 Survival

Provisions that by their nature should survive termination will survive. These include the licenses you grant in Sections 9, 10, 11, and 14, and Sections 5.2, 5.3, 12.8, 16, 18, and 21 through 26.

21. Disclaimers

THE SERVICE, INCLUDING ALL OUTPUTS, MODELS, KILONA CONTENT, AND BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CONTENT STORED IN OR RESTORED FROM CLOUD BACKUP, WILL BE ACCURATE, PRESERVED, OR AVAILABLE. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, UNIQUE, NON-INFRINGING, OR SUITABLE FOR ANY PURPOSE, OR THAT ANY MODEL OR PROVIDER WILL REMAIN AVAILABLE. GENERATION AND RENDER TIMES VARY, AND JOBS MAY BE QUEUED, DELAYED, REFUSED, OR FAIL. YOU USE THE SERVICE AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, OR CREDITS, OR LOSS OF GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT, ANY MODEL OR PROVIDER (INCLUDING ITS FAILURES, REFUSALS, DELAYS, OR CHANGES), OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

23. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • your access to or use of the Service;
  • your User Content, including your Inputs and Outputs and how you use them;
  • anything you publish, submit to a contest, or share in a workspace;
  • any Actor you create or use, or any person's likeness or voice you use;
  • your violation of a model provider's usage policy; or
  • your violation of these Terms or of any law or third-party right.

24. Dispute Resolution and Arbitration

Please read this Section carefully. It requires you and us to resolve most disputes through individual arbitration rather than in court, and it limits how claims can be brought.

24.1 Try to resolve it informally first

Before starting an arbitration or a small claims case, the party with the dispute must send the other a written notice. Your notice goes to support@voxel.marketing (subject line "Dispute Notice") or to our mailing address in Section 28. Ours goes to the email address on your account. The notice must include:

  • your name and the email address on your account;
  • a description of the dispute; and
  • the relief you want.

Both of us will try in good faith to resolve the dispute for 60 days after the notice is received, and either of us may ask for an individual call. Completing this process is required before starting arbitration or a small claims case. Any statute of limitations is paused while it runs.

24.2 Agreement to arbitrate

Except as provided in Section 24.3, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Output, or any purchase will be resolved by binding individual arbitration. This includes disputes that arose before you accepted these Terms. The Federal Arbitration Act governs this Section. The arbitrator decides all questions about the scope and enforceability of this agreement, except that a court decides:

  • whether the class action waiver in Section 24.5 is enforceable;
  • whether Section 24.6 applies;
  • whether the informal process in Section 24.1 was completed; and
  • disputes about arbitration fees.

24.3 Exceptions

Either of us may bring an individual claim in small claims court if it qualifies. Either of us may ask a court for injunctive or equitable relief to stop infringement or misuse of intellectual property rights. Nothing in this Section prevents you from bringing an issue to the attention of a government agency.

24.4 Rules and procedure

JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures for claims under $250,000, and its Comprehensive Arbitration Rules and Procedures for larger claims. The JAMS Mass Arbitration Procedures apply where relevant. The JAMS rules are available at jamsadr.com.

  • Hearings: hearings will be held by video or telephone, or in person in the county where you live, or in San Francisco County if we both agree.
  • Fees: for claims brought by individual consumers, fees will be allocated as the JAMS Consumer Arbitration Minimum Standards require.
  • Decision: the arbitrator may award only individual relief, will issue a written decision, and must follow these Terms and applicable law. Judgment on the award may be entered in any court with jurisdiction.

24.5 Class action and jury trial waiver

YOU AND THE COMPANY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

  • If a court finds this waiver unenforceable for a particular claim, that claim (and only that claim) will be decided by a court in San Francisco County, after the arbitration of any other claims is finished.
  • If you seek public injunctive relief that applicable law does not allow to be waived, that request will be decided by a court after the arbitration of your individual claims.

24.6 Batch arbitration

This Section applies if 25 or more substantially similar arbitration demands are filed against us within 30 days by or with the help of the same law firm or organization. JAMS will then administer the demands in batches of up to 100, with one arbitrator, one set of fees per side, and one award per batch.

24.7 30-day right to opt out

You may opt out of this arbitration agreement by sending us a written notice within 30 days after you first accept these Terms. If you had an account before these Terms took effect, you may opt out within 30 days after the date they take effect for existing users.

  • How: send the notice from the email address on your account to support@voxel.marketing with the subject line "Arbitration Opt-Out", or mail it to the address in Section 28.
  • What to include: your name, the email address on your account, and a clear statement that you opt out of arbitration.
  • Effect: opting out does not affect any other part of these Terms.

24.8 Changes to this Section

If we make a material change to this Section, you may reject the change by sending a notice as described in Section 24.7 within 30 days after the change takes effect. If you reject it, the previous version of this Section continues to apply to you.

24.9 Time limit for claims

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

24.10 Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, together with the Federal Arbitration Act and other United States federal law where applicable. Any dispute that is not arbitrated will be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts. Nothing in this Section limits any mandatory consumer-protection rights available to you under the laws of your place of residence.

25. Apple App Store Terms

The following applies to the extent you obtain the Kilona application through the Apple App Store:

  • These Terms are between you and the Company only, not with Apple, and Apple is not responsible for the Service or its content.
  • The license granted to you is a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules.
  • The Company, not Apple, is solely responsible for providing any maintenance and support services for the application. Apple has no obligation to furnish any maintenance or support services for the Service.
  • In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.
  • The Company, not Apple, is responsible for addressing any claims relating to the application or your use of it, including product liability claims, claims that the application fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar law.
  • The Company, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the application or your use of it infringes that third party's intellectual property rights.
  • You represent 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 on any U.S. Government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms of agreement when using the application (for example, your wireless data service agreement).
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

26. General Terms

  • Export controls and sanctions: You must comply with U.S. export control and sanctions laws. You may not use the Service if you are located in a country subject to U.S. embargo or comprehensive sanctions, or if you are on a U.S. Government list of prohibited or restricted parties. We do not offer accounts in some countries.
  • Electronic communications: You agree to receive notices and other communications from us electronically, by email to the address on your account or in the app, and that these satisfy any requirement that they be in writing. Send notices to us using the details in Section 28.
  • Force majeure: We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, war, terrorism, riots, pandemics, labor disputes, power or internet failures, cyberattacks, government action, or the failure or unavailability of a model provider or other third-party service.
  • Entire agreement and severability: These Terms, together with the documents incorporated in Section 1, are the entire agreement between you and the Company regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be enforced to the maximum extent permitted.
  • No waiver: Our failure to enforce any provision is not a waiver.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Relationship: Nothing in these Terms creates any partnership, agency, or employment relationship between you and us.
  • Language and headings: If we provide a translation of these Terms, the English version controls. Headings are for convenience only.
  • California users: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

27. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last Updated" date above.

  • Notice: for material changes, we will notify you by email or in the app before they take effect.
  • Acceptance: your continued use of the Service after changes take effect means you accept the updated Terms, and we may also ask you to accept them in the app. If you do not agree, you must stop using the Service.
  • Arbitration: changes to Section 24 are governed by Section 24.8.
  • Existing disputes: changes do not apply to disputes that arose before they took effect.

28. Contact Us

If you have any questions, complaints, or claims about these Terms or the Service, please contact us at:

Voxel Marketing LLC
28 Geary St STE 650 Suite #622
San Francisco, California 94108, United States
Phone: +1 661 600 3552
Email: support@voxel.marketing
Website: kilona.org

For copyright notices, likeness and removal requests, dispute notices, and arbitration opt-outs, use the email or mailing address above and put the topic in the subject line.