Terms of Use

1. Who we are and acceptance

incrivel.ai (“incrivel.ai”, “we”, “us”) is a service that creates virtual influencers, photos, voices and videos with artificial intelligence. These Terms of Use apply to the website, the app and everything we offer through them (the “Service”).

By creating an account, buying credits or using the Service, you agree to these terms and to our Privacy Policy. If you don’t agree, don’t use the Service.

2. Who can use it

You must be 18 or older and able to accept these terms. If you use the Service on behalf of a company, you represent that you’re authorized to act for it, and these terms apply to it as well.

3. Your account

• You can start as a guest. To spend credits, you need to sign in with Google, Apple or a code sent by email.
• When you sign in, what you created as a guest moves to your account.
• You’re responsible for keeping access to your account secure and for everything done with it. Let us know if you suspect misuse.
• An account is personal. Don’t create accounts in bulk to gain an advantage, and don’t sell or share access.

4. Credits, prices and payments

• Generations use credits. Before you generate, you see how many credits that generation will cost.
• Credits come from plans or from one-off packs.
• Plans (Starter, Advanced and Professional): a monthly or annual card subscription, through Mercado Pago, that renews by itself until you cancel. Each month brings the plan’s credits, which are spent first and expire at the end of the month. On annual, you pay for the year at once and the credits arrive every 30 days. When you cancel, the plan lasts until the end of the period already paid.
• To move up a plan, the new one starts once its first payment is approved, and the credits left in the month carry over to it. To move down, cancel the current plan’s renewal first.
• One-off packs: a single purchase, by Pix or card, with no recurring charge. Their credits don’t expire as long as your account exists.
• Payments, by card or Pix, are processed by Mercado Pago. We don’t receive or store your card details.
• If a generation fails because of a problem on our side or a provider’s, its credits go back to your balance automatically.
• Credits can’t be exchanged for cash or transferred to another account.
• We may change prices and the cost of generations. Changes don’t affect credits already bought or generations already started.
• If you dispute a payment without good reason, we may suspend the account and deduct the corresponding credits.

5. Withdrawal and refunds

You can cancel a purchase within 7 days, as guaranteed by art. 49 of Brazil’s Consumer Defense Code (Código de Defesa do Consumidor). We refund the full amount if the credits from that purchase haven’t been used. To ask, write to rafael@incrivel.ai.

After that, or if the credits have already been used, there’s no refund, except where the law requires it or where the Service fails through our fault.

6. What you upload

Photos, videos, audio and text you upload (the “Inputs”) remain yours. You give us a limited, free, worldwide license to store them, process them and send them to AI providers, only to generate what you asked for and to keep your library. This license ends when you delete the material or your account.

You warrant that you hold the necessary rights and permissions for everything you upload.

7. Your face and your voice

• When you use your face or your voice, you authorize us to use them to create your avatar and the generations you ask for.
• Only upload another person’s face or voice if you have their express, verifiable permission for that use.
• By accepting these terms, you declare that every real person in your files is you, or someone 18 or older who authorized you in writing for that use, and you authorize us to use those files to generate what you ask for. This covers every file on the account, now and later. We may ask for anyone’s written authorization at any time.
• Never, even with authorization: politicians, celebrities and other public figures; anyone under 18; nudity, sexual or humiliating content; scams, fraud, or making someone say what they didn’t to mislead.
• The responsibility is yours. Getting the authorizations is up to you, and you alone answer for the files you upload and for everything you generate, publish or share with them. incrivel.ai only generates what you ask for and doesn’t check the authorizations. You indemnify us for claims, fines and costs caused by a false authorization or a use beyond it.
• When you delete the files or the account, their faces leave the AI provider’s library and can’t be used again.
• We don’t use faces or voices to identify people or to train AI models.
• You can delete your avatar and the material you uploaded at any time. The details are in the Privacy Policy.

8. What you create

As between you and incrivel.ai, what you generate (the “Outputs”) is yours. You can use it, including for commercial purposes, as long as you respect these terms and the law. We don’t claim ownership of your Outputs and don’t use them in our marketing without your permission.

Because of how AI works, other people may get results similar to yours, and not all AI-generated content is protected by copyright. You’re responsible for how you publish and use what you create.

9. Catalog influencers

The ready-made influencers in the catalog were created by incrivel.ai. You can use them in your creations, including commercially, but they aren’t exclusive: other people may use the same character. You may not register a catalog character as a trademark or present yourself as its exclusive owner.

10. What’s not allowed

You may not use the Service to create, upload or publish:

• Any sexual content involving minors, or that appears to involve minors. This is reported to the authorities.
• Intimate or sexual images of real people, or nudity of anyone without their consent.
• The face, voice or likeness of a real person without their permission, including celebrities and public figures.
• Content that impersonates another person or company, or that passes off something generated as real in order to deceive.
• Scams, fraud, fake investments, misleading advertising or fake testimonials.
• Disinformation, including manipulated content about elections, candidates or electoral processes.
• Explicit sexual content, graphic violence, hate speech, harassment, threats or encouragement of self-harm.
• Content that infringes copyrights, trademarks, privacy or image rights of others.

Nor may you:

• Get around the safety filters, usage limits or the credit system.
• Access the Service by automated means, scrape data in bulk or try to uncover the code and models.
• Resell access to the Service or offer it as your own.
• Interfere with how the Service works or upload malicious code.

11. Moderation and reports

We use automatic filters, and AI models may refuse requests. We may review reported or flagged content, remove it, and suspend or close accounts that break these terms, with or without notice, depending on how serious it is.

To report content or misuse of your likeness, use the form below, even without an account, or write to rafael@incrivel.ai. Reports of intimate images or of anything involving minors are reviewed within 48 hours. We may remove the content, suspend the account and hand the details we hold on the creator (such as name, e-mail and access logs) to the authorities when the law or a court order requires it.

12. AI-generated content

Outputs are generated automatically, may differ from what you asked for and may contain errors. When you publish, disclose that the content was made with AI whenever the platform or the law requires it. TikTok, Instagram and YouTube ask for this for realistic content. Generated images and videos carry a provenance mark (C2PA) saying they were made with AI: don’t remove that mark or the AI labels to pass the content off as real.

13. What’s ours

The Service, the software, the incrivel.ai brand, the design and the catalog characters belong to incrivel.ai. These terms don’t transfer any of that to you, other than the right to use the Service. If you send us suggestions, we may use them freely, with no obligation to you.

14. Third-party services

The Service relies on providers such as AI models, hosting, sign-in and payments. They have their own terms. We aren’t responsible for how third-party services work, but we choose reliable providers and switch them when needed.

15. Availability and changes

We work to keep the Service up, but it may become unavailable or slower, or have features and models changed or removed. We’ll give advance notice of important changes whenever possible.

16. Warranties and liability

The Service is provided as is. We don’t guarantee that a specific result will turn out the way you picture it, or that the Service will meet a business goal of yours.

To the extent permitted by law, we aren’t liable for indirect damages, lost profits or lost opportunities caused by using the Service or by what is published with it. Nothing in these terms limits the rights that Brazil’s Consumer Defense Code gives you.

You’re responsible for what you create and publish. If you break these terms or infringe the rights of others, you bear the losses this causes incrivel.ai, including third-party claims.

17. Termination

You can delete your account at any time on the account page, with the code sent to your e-mail. Everything is erased within 30 days, except what the Privacy Policy says we keep. Deleting the account forfeits your unused credits, with no refund. We may close or suspend accounts that break these terms. Provisions that by their nature should survive termination, such as liability and governing law, remain in effect.

18. Changes to these terms

We may update these terms. We’ll announce important changes by email or in the Service before they take effect. Continuing to use the Service after that means you accept the new version.

19. Governing law and venue

These terms are governed by the laws of Brazil. For consumers, the competent court is the one where you live, as provided by Brazil’s Consumer Defense Code. Before going to court, talk to us: most problems get solved by email.

20. Contact

Questions, requests and reports: rafael@incrivel.ai.