Terms of Service

1. Agreement #

These Terms are a contract between you and Studio Kizen Corp., a company incorporated in Ontario, Canada ("Kizen", "we", "us").

By creating an account or using the Kizen platform, kizenworlds.com, or any related service (together, the "Service"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service for a company or other organisation, you confirm you have authority to bind it, and "you" means that organisation.

2. Eligibility #

You must be at least 18 years old to use the Service. The Service is not intended for anyone under 18, and we do not permit accounts for them.

You confirm that you are not located in, and are not a national or resident of, any country subject to comprehensive Canadian or United States sanctions, and that you do not appear on any Canadian, United States, United Kingdom or European Union restricted party list. You will not export, re-export or make the Service available in breach of any applicable export control or sanctions law.

3. Your account #

You create an account with an email address and password, or by signing in with Google. You are responsible for keeping your credentials secure and for everything that happens under your account. Tell us immediately at hello@kizenworlds.com if you believe your account has been compromised.

You must give accurate information when you register and keep it current. You may not share your account, sell it, or let anyone else use it.

If you find a security vulnerability in the Service, tell us at hello@kizenworlds.com before disclosing it anywhere else, and give us a reasonable chance to fix it. We will not pursue legal action against anyone who reports a vulnerability in good faith, does not access or alter other people's data, and does not disrupt the Service.

4. The Service, and its current stage #

Kizen helps you develop stories, characters, worlds and visual material using artificial intelligence.

The Service is in early access. It is provided on an as-is basis, features change or are removed without notice, output quality varies, and interruptions and defects should be expected. Do not rely on the Service as the only place your work is stored. Keep your own copies of anything that matters to you.

5. Your content #

"Your Content" means anything you put into the Service: prompts, text, story documents, character and world files, uploaded images, and any other material you submit.

You keep ownership of Your Content. You are responsible for it, including having the rights to everything you upload.

To run Kizen we need your permission to handle Your Content. You give us permission to store it, back it up, move it between our systems, show it back to you, and process it so the features work. Where a feature changes your work, for example generating a variation of an image you uploaded, that permission covers producing the result. We also use content and how the Service is used to find bugs, keep the Service secure, and make the product better.

That permission exists only so we can run and improve Kizen. It does not let us sell your work, license it to anyone else, publish it, or show it to other users. We do not claim any ownership of it, and it does not become ours.

The permission ends when Your Content is deleted, apart from copies sitting in routine backups until those expire.

If we ever want to show your work publicly, we ask you first. Section 15 explains how that works.

6. What you create, and who owns it #

You own what you create with Kizen. We claim no ownership of your prompts, your story work, or the text and images generated from them.

We place no restrictions of our own on what you do with that work. You can publish it, distribute it, sell it, license it, put it into a film or a series, build a business on it, or take it somewhere else entirely. You do not owe us a fee, a credit, a share of your revenue, or our permission.

There is one limit on this, and it does not come from us.

Kizen does not build the underlying AI models. When you generate something, your prompt is sent to a third-party provider that runs the model. Today those providers are Anthropic, for writing and story assistance, and fal.ai, for image generation. fal.ai in turn routes your request to a model operated by one of several AI labs, currently including Black Forest Labs, Google, OpenAI, xAI, Ideogram, Recraft and ByteDance. We may add, remove or change providers and models at any time.

Because of that:

The commercial terms attached to generated output are set by the model provider. Each provider decides whether output from its models can be used commercially, and those terms differ between providers and between individual models. We pass through to you every right the applicable provider grants us. We do not hold anything back. But we cannot grant you more than we have.

You are responsible for checking those terms before commercial use. If you are unsure which model produced a particular generation, email hello@kizenworlds.com and we will tell you.

Some models do not permit commercial use. A small number of the models available in the Service are licensed by their creators for non-commercial use only. Where that is the case we mark the model in the product. Do not sell or commercially publish anything made with a model marked non-commercial.

We do not warrant that output is original or non-infringing. Generative models can produce output that resembles existing works. We make no representation that any output is unique, or that using it will not infringe someone's rights.

Other people may receive similar output. The Service is used by many people, and the models behind it are shared. Someone else giving a similar instruction may receive output that resembles yours. Output generated for other users is not Your Content, and we cannot promise that anything you generate is unique to you.

We give no intellectual property indemnity. We do not defend or reimburse you against claims that generated output infringes a third party's rights. Some model providers offer such protections to their own customers, but those protections do not flow through to you.

Prompts are sent to third parties. Our Privacy Policy sets out exactly what is sent to whom.

Everything the Service produces is generated by artificial intelligence. Some jurisdictions require synthetic content to be disclosed or marked as AI generated when it is published, including under the European Union's AI Act. Where you publish or distribute work made with the Service, you are responsible for meeting the disclosure and labelling rules that apply to you and to the platform you publish on.

7. Content rules #

You must not use the Service to create, upload or distribute anything that:

• infringes anyone's intellectual property, privacy, publicity or other rights
• depicts a real, identifiable person, whether by uploading a photograph of them or by prompting for their likeness, unless you have that person's written permission. During our early access programme, uploading photographs of identifiable real people is not permitted at all
• sexualises a minor in any way, or depicts a minor in a sexual or suggestive context
• is unlawful, defamatory, harassing, hateful, or incites violence
• depicts real people in a false light, including deceptive political content
• is designed to make people believe a synthetic image or story is a real recording of real events
• attempts to reverse engineer, decompile, scrape, overload, probe or circumvent limits, security or access controls on the Service
• uses automated means to access the Service other than through an interface we provide
• resells access to the Service or uses it to build a competing product

We may remove content and suspend or terminate accounts that breach these rules, with or without notice.

You are responsible for complying with the labelling and disclosure rules of any platform where you publish work made with the Service.

8. Reporting content, and copyright complaints #

Reporting a problem. To report content that breaches these Terms, email hello@kizenworlds.com with a description of the content and where you found it.

Copyright complaints. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act and the notice provisions of the Canadian Copyright Act.

If you believe material on the Service infringes your copyright, send a written notice to our designated agent containing all of the following:

• a physical or electronic signature of the copyright owner or someone authorised to act for them
• identification of the copyrighted work you say has been infringed
• identification of the material you say is infringing, with enough detail for us to find it
• your address, telephone number and email address
• a statement that you have a good faith belief the use is not authorised by the copyright owner, its agent, or the law
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on their behalf

Designated agent for copyright notices Saina Sefidbakht, Designated Agent Studio Kizen Corp. 350 Bay St, Suite 1300B Toronto, Ontario M5H 2S6, Canada hello@kizenworlds.com

Submitting a false notice can make you liable for damages, including costs and legal fees. If you are unsure whether material infringes your rights, speak to a lawyer first.

Counter-notice. If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the same agent containing your signature, identification of the material and where it appeared before removal, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification, your name, address and telephone number, and your consent to the jurisdiction of the federal court for the district where you live, or if you are outside the United States, of any judicial district in which we may be found.

Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the rights of others.

9. Plans, payment and renewal #

We have not launched paid plans yet. When we do, some parts of the Service will be paid, and this section applies. We may offer recurring subscription plans, usage-based pricing, prepaid credit packs, or a combination of these. The plans available, what each includes, and their prices are shown at the point of purchase and may change.

Subscriptions. If you buy a subscription, it renews automatically at the end of each billing period at the then-current price for that plan, and your payment method is charged, until you cancel. The length of the billing period and the renewal price are shown before you buy and confirmed in your receipt.

Cancelling. You can cancel at any time from your account settings, with effect from the end of the current billing period. You keep access until then. We do not require you to call, write, or speak to anyone to cancel.

Usage-based charges. Where a feature is charged by usage, you are charged for what you use in the relevant period, on the terms shown when you enable it.

Price changes. We may change prices. For subscriptions, we will give you at least 30 days' notice by email before a change applies to your renewal, and you can cancel before it takes effect.

Payment. You authorise us and our payment processor to charge your payment method for all amounts due. You are responsible for keeping your payment details current. If a payment fails we may retry it, and we may suspend paid features until it succeeds.

10. Credits #

Generation consumes credits.

Credits are a limited licence to use the Service's generation features. They are not money, they have no cash value, they cannot be transferred or redeemed for cash, and except where the law requires otherwise they are non-refundable.

If a generation fails, credits for that generation are returned automatically. If a generation stalls and never completes, email hello@kizenworlds.com and we will restore the credits.

We may change the credit cost of any feature at any time. Changes apply to future generations, not retroactively.

Unused credits expire when your account is closed.

11. Refunds and cancellation rights #

Except where the law gives you a right to a refund, payments are non-refundable and we do not provide refunds or credits for partial billing periods, unused credits, or periods in which you did not use the Service.

If you are a consumer in the European Union or the United Kingdom, you normally have 14 days to withdraw from a purchase of digital content. By buying and immediately accessing a subscription, credits, or any other paid feature, you expressly request that we begin performance right away and acknowledge that you lose your right of withdrawal once performance has begun. If you have not yet used any part of what you bought, contact hello@kizenworlds.com within 14 days and we will refund you.

Nothing in this section limits rights you have under consumer protection law that cannot be varied by contract.

12. Taxes #

Prices shown exclude taxes unless stated otherwise. You are responsible for all sales, use, value added, goods and services, and similar taxes on your purchases, other than taxes on our income. Where we are required to collect tax, it is added at checkout.

13. Early access and beta programmes #

If you are taking part in a Kizen beta or early access programme, the following also applies for the duration of that programme.

We may provide credits at no charge or at a subsidised rate. Those credits are for your own creative work and may not be used on behalf of a client or resold.

Beta features may be withdrawn without notice and data held in beta features may be reset. We will give reasonable warning where we can.

We may end your participation at any time.

Information we share with you about unreleased features, roadmap and pricing is confidential, and we ask that you not share it publicly without checking with us first. This does not stop you talking publicly about your own experience of using the Service or posting work you made with it.

14. Feedback #

If you send us feedback, a bug report, a feature request or any other suggestion about the Service, we may use it freely, for any purpose, without obligation, attribution or compensation to you. This covers only your comments about the product. It does not affect your ownership of Your Content or of anything you create with the Service.

15. Showing your work #

We would like to feature work made on Kizen, and we will ask you before we do.

If you agree, you grant us a non-exclusive, worldwide, royalty-free licence to display, reproduce, distribute, excerpt and adapt that specific work, and to credit you as its creator, for the purpose of promoting the Service and on any Kizen-operated showcase. To the extent permitted by law, you waive your moral rights in that work in our favour so that we can crop, edit, caption, subtitle and format it for the places it appears. We will not distort the work or present it in a way that damages your reputation.

You can withdraw permission for future use at any time by emailing us, and we will stop using the work going forward, though we may not be able to recall copies already distributed.

We do not need permission to display your work to you, or to other members of a programme you have joined, within the Service itself.

16. Our intellectual property #

The Service, including its software, design, interface and branding, belongs to us and our licensors. These Terms do not give you any rights in it beyond the right to use the Service under these Terms.

You may not use our name, logo or branding without written permission.

17. Third-party services #

The Service depends on third-party providers, and may contain links to third-party websites. We do not control those services, we are not responsible for them, and their terms and privacy practices apply to your use of them. A link is not an endorsement.

18. Availability #

We do not promise the Service will be available at any particular time or free of errors. We may change, suspend or discontinue any part of it. Where a change is material and we can give notice, we will.

19. Disclaimer of warranties #

To the maximum extent permitted by law, the Service and all output are provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, or non-infringement.

We do not warrant that the Service will meet your requirements, be uninterrupted, secure or error free, or that defects will be corrected.

Some jurisdictions do not allow certain warranties to be excluded. Where that applies to you, the exclusions above apply only to the extent permitted.

20. Limitation of liability #

To the maximum extent permitted by law:

We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, whether or not we were told such damages were possible.

Our total liability to you for all claims arising out of or relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred Canadian dollars.

These limits apply to all claims, whether in contract, tort, negligence, statute or otherwise, and they survive any failure of an essential purpose of a limited remedy.

Nothing in these Terms limits liability that cannot lawfully be limited, including for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

21. Your indemnity to us #

You will defend, indemnify and hold harmless Kizen, its officers, employees and contractors from any claim, loss, liability, damage or expense, including reasonable legal fees, arising out of or connected to:

• Your Content
• your use of the Service or of any output
• your breach of these Terms or of any law
• your infringement of anyone's intellectual property, privacy or publicity rights, including any claim relating to an image of a real person that you uploaded or generated

We will notify you of any claim, give you reasonable control of the defence, and cooperate at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

22. Suspension, termination and deletion #

You may stop using the Service at any time. To close your account and have your data deleted, email hello@kizenworlds.com. We will action the request within 30 days.

We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if continuing to provide the Service to you creates a legal or security risk.

On termination, the licences you granted us end, except for the promotional licence in section 15 to the extent you gave permission and have not withdrawn it, and except for copies in backups until those expire. Sections 5, 6, 12, 14, 16, 19, 20, 21 and 24 survive termination.

23. Changes to these Terms #

We may update these Terms. If a change is material we will give you notice by email or in the product at least 30 days before it takes effect, unless the change is required by law or relates to a new feature, in which case it may take effect sooner. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, close your account.

24. Disputes #

Talk to us first. If you have a dispute with us, email hello@kizenworlds.com describing the issue and what you would like us to do. We will try to resolve it with you. Neither of us will start formal proceedings until 30 days after that notice, unless the claim is for urgent injunctive relief or for infringement of intellectual property.

Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Courts. Except where the arbitration agreement below applies to you, the courts of Ontario have exclusive jurisdiction over any dispute, and you and we consent to their jurisdiction.

Arbitration, for users resident in the United States. This paragraph and the four that follow it apply only if you live in the United States. If you do not, they do not apply to you and your disputes go to the courts named above.

You and Studio Kizen Corp. agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. One arbitrator decides. The arbitration takes place in the county where you live, or by phone or video, or on documents alone, whichever you choose. The arbitrator can award you anything a court could award you individually, and cannot award anything to anyone who is not a party.

What is not arbitrated. Either of us may bring a qualifying claim in small claims court instead. Either of us may go to court for an injunction or other equitable relief to stop unauthorised use or infringement of intellectual property. Nothing here stops either of us reporting a matter to a government agency.

Individual claims only. Claims are brought individually. Neither of us may bring, and the arbitrator may not preside over, a class, collective, consolidated or representative arbitration. If this paragraph is found unenforceable, the whole arbitration agreement falls away and disputes go to the courts named above.

Batches, where many similar claims are filed at once. If 25 or more claims of a similar nature are filed against us by, or with the coordination or assistance of, the same law firm or organisation within a 90 day period, those claims will be administered in batches of no more than 50. Each batch is treated as a single case with one arbitrator and one set of filing fees. A small number of cases from the first batch are heard first, and both sides then use those outcomes in good faith to try to resolve the remainder before further batches proceed. The arbitrator, or the American Arbitration Association, may adjust this process to keep it fair and efficient, and the Association's rules for multiple case filings apply where they conflict with this paragraph.

How to opt out of arbitration. You can decline this arbitration agreement and keep your right to go to court. Email hello@kizenworlds.com within 30 days of first accepting these Terms, or within 30 days of the date this arbitration agreement first applies to you, giving your name, the email address on your account, and a statement that you are opting out of arbitration. Opting out costs you nothing, changes nothing else in these Terms, and has no effect on your account or your use of the Service. If we later change this arbitration agreement, the change applies only to claims arising after it takes effect, and you have 30 days from that date to opt out of the change.

No class actions. To the extent permitted by law, you and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If this paragraph is unenforceable where you live, it does not apply to you, and the rest of this section still does.

Time limit. To the extent permitted by law, any claim relating to the Service must be brought within one year of when it arose.

Nothing in this section removes any right you have to bring a claim in your local courts, or the protection of consumer laws that cannot be varied by contract, where those apply to you.

25. Notices #

We give you notice by email to the address on your account, or by posting in the Service. You are responsible for keeping your email address current, and notice is treated as received when sent.

You give us notice at hello@kizenworlds.com, and to the postal address in section 28 where a written notice is required.

26. Events outside our control #

We are not liable for any failure or delay caused by something outside our reasonable control, including outages or failures at our hosting or AI providers, internet or telecommunications failure, power failure, industrial action, epidemic, act of government, war, terrorism or natural disaster.

27. General #

If any part of these Terms is unenforceable, it is limited or removed to the minimum extent necessary and the rest continues to apply.

Our not enforcing a right is not a waiver of it.

You may not assign these Terms or transfer your account. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

Nothing in these Terms creates a partnership, agency, employment or joint venture between us.

These Terms and the Privacy Policy are the entire agreement between us about the Service, and replace anything said or written before.

28. Contact #

Studio Kizen Corp. 350 Bay St, Suite 1300B Toronto, Ontario M5H 2S6, Canada

hello@kizenworlds.com