Legal
These Terms of Service (“Terms”) are a binding agreement between you and AliveIt, Inc., a Delaware corporation (“AliveIt,” “we,” “us”). They govern your use of the website aliveit.app, the Web App at my.aliveit.app, the AliveIt Mobile App, the Web Viewer, and related services (together, the “Service”).
By creating an account, uploading content, or using the Service, you agree to these Terms and to our Privacy Policy and Cookie Policy. If you use the Service on behalf of a company, you agree on its behalf and confirm you have authority to do so.
2.1. Sellers must be at least 18 years old and able to form a binding contract. The Service is intended for business use by Sellers.
2.2. Uploaders and Viewers must be at least 13 years old (or 16 in the European Economic Area, United Kingdom or Switzerland). Anyone younger may use the Service only with the involvement of a parent or guardian.
2.3. You must give accurate registration information and keep it current. You are responsible for all activity under your account, including by team members you invite, and for keeping your login credentials secure. Tell us promptly at support@aliveit.app about any unauthorized use.
2.4. You may not use the Service if you are barred from doing so under applicable law, including US sanctions and export-control laws.
3.1. Sellers use the Web App to upload a Marker image, link Content to it, and print the Marker or QR code on their products. Experiences can be Seller-designed (the Seller adds the Content) or Customer-uploaded (the Seller ships a QR code or template and the Uploader adds their own Content).
3.2. Viewers can watch AR Experiences in a supported mobile browser without installing anything, or in the Mobile App.
3.3. AliveIt is a software provider only. We are not a party to any sale between a Seller and its customers, we do not make, print or ship products, and we are not affiliated with Etsy, Shopify, Amazon or any marketplace. Sellers are solely responsible for their products, listings, customer service and any promises they make to their customers about AR Experiences.
3.4. Sellers who offer Customer-uploaded experiences must make clear to their customers that uploads are processed by AliveIt and must link to these Terms and our Privacy Policy (the uploader screen also shows these links).
4.1. Plans. Paid plans are billed in advance on a recurring monthly or annual basis and renew automatically until cancelled. Current plans, prices and included Credits are shown on our pricing page and in the Web App.
4.2. Credits. Each plan includes a monthly allowance of Credits. Unused plan Credits expire at the end of each billing month and do not roll over. Credits you purchase separately (“Add-on Credits”) are used after your plan Credits and roll over from month to month while your account remains active. Credits have no cash value, cannot be transferred or resold, and are not refundable except where required by law. Example: the Start plan includes 50 activations per month. If you use 30, the remaining 20 expire. If you use all 50, buy 100 Add-on Credits and use 40, the remaining 60 carry over.
4.3. Free trial and free plan. We currently offer a 7-day free trial of paid features without a payment card. We may change the length and terms of the trial, or discontinue it, at any time; the terms shown when you sign up apply to you. When the trial ends, your account moves to our free plan unless you choose a paid plan, and we will not charge you automatically for a trial you did not convert. The free plan has limited features, Credits and statistics, which we may change from time to time.
4.4. Payment. Payments are processed by our payment provider, Stripe. You authorize us and Stripe to charge your payment method for all fees and applicable taxes. Prices exclude taxes unless stated otherwise.
4.5. Cancellation and refunds. You can cancel at any time by contacting support at support@aliveit.app; we will confirm the cancellation by email. Cancellation takes effect at the end of the current billing period and you keep access until then. Fees already paid are non-refundable and we do not give pro-rated refunds, except where required by law or where we state otherwise in writing.
4.6. Price changes. We will give at least 30 days’ notice of a price increase for an existing subscription. The new price applies from your next renewal after the notice period; you may cancel before then.
4.7. Failed payments. If a payment fails, we may retry the charge, and after notice we may pause the creation of new AR Experiences until the balance is paid.
5.1. Ownership. You keep all rights you have in your Content. We do not claim ownership of it.
5.2. License to AliveIt. You grant AliveIt a worldwide, non-exclusive, royalty-free license to host, store, copy, transcode, compress, format and display your Content, and to make it available to Viewers through AR Experiences, solely to operate, secure and improve the Service and as you direct. This license lasts while your Content is on the Service and for a reasonable period afterwards for backups and legal compliance. We will not use your Content in our marketing, and we will not use it to train artificial-intelligence models, without your separate permission.
5.3. Your promises. For all Content you or your Uploaders submit through your AR Experiences, you represent that:
5.4. Personal data in Content. For personal data contained in Content and in AR Experiences, the Seller decides how it is used and AliveIt processes it on the Seller’s behalf as a service provider/processor. Sellers are responsible for giving any notices and obtaining any consents their customers are owed under applicable privacy laws. Our Privacy Policy explains how we handle personal data for which AliveIt is responsible.
5.5. AI video generation. The Mobile App lets you generate videos using artificial intelligence. Generation is performed by third-party AI providers (currently the Kling model, accessed through the PiAPI service). When you use this feature, the prompts, images and other inputs you provide are sent to these providers to create the output. You are responsible for your inputs and for how you use the output: do not submit images of people without their consent, and do not try to generate content that violates Section 8 or imitates a real person in a misleading way. AI output may be inaccurate, unexpected or similar to content generated for others, and we do not guarantee that it is unique or free of third-party rights. To the extent AliveIt has any rights in the output, we assign them to you, subject to these Terms and the AI providers’ terms. We may limit, change or remove AI features at any time, and each generation may consume Credits. A generated video that you do not add to an AR Experience is automatically and permanently deleted 120 days after it was generated; download any such video you want to keep before then. Generated videos added to an AR Experience are kept like other Content.
6.1. If you add Content as an Uploader, you agree to these Terms (in particular Sections 5.3, 7 and 8) for that Content, and you grant AliveIt and the Seller whose product you are using the license in Section 5.2 so that the Content can play in the AR Experience.
6.2. Your Content becomes part of the Seller’s AR Experience. The Seller, not AliveIt, controls that experience. To have Content removed, contact the Seller or write to support@aliveit.app.
7.1. Viewing an AR Experience does not require an account. The Mobile App is licensed to you, not sold, for personal, non-commercial use on devices you own or control.
7.2. The Mobile App lets you save a copy of an AR Experience inside the Mobile App (Gallery → download). Saved copies are stored on your device inside the Mobile App, not in your phone’s photo library. You are responsible for them; deleting the Mobile App may delete them.
You must not use the Service to upload, share or link to Content, or to take any action, that:
We may, but are not required to, review Content. We may remove or disable Content, or restrict accounts, that we reasonably believe violate these Terms or the law.
9.1. Designed for the long term, not guaranteed. The Service is built to keep AR Experiences available for many years. Content is stored on Amazon Web Services infrastructure (Amazon S3) in the United States with redundancy. However, we do not guarantee that any Content or AR Experience will remain available for any specific period, and the Service is not a backup or archival service. Keep your own copies of all Content.
9.2. Local copies. Viewers can download an AR Experience into the Mobile App for offline keeping, as described in Section 7.2.
9.3. If we discontinue the Service. If we decide to shut down the Service, we will give at least 90 days’ notice by email and in the Web App and/or Mobile App, and during that period we will provide a way to download Content stored on our servers.
9.4. Availability. We work to keep the Service available but do not promise uninterrupted or error-free operation. We may perform maintenance and change or discontinue features. We will give reasonable notice of changes that materially reduce core functionality of a paid plan.
10.1. We respond to notices of alleged copyright infringement under the US Digital Millennium Copyright Act. Send notices to our designated agent:
Copyright Agent, AliveIt, Inc. · 533 E Girard Ave STE 43674, Philadelphia, PA 19125, USA · hello@aliveit.app (subject line “DMCA”)
10.2. A notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) the QR code, link or other information that lets us locate the allegedly infringing material; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.
10.3. If your Content was removed and you believe this was a mistake, you may send a counter-notice as permitted by the DMCA. We terminate, in appropriate circumstances, the accounts of repeat infringers.
11.1. The Service, including its software, design, Web App, Mobile App, Markers-recognition technology, and the AliveIt name and logo, belongs to AliveIt and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription or, for Uploaders and Viewers, while you use it.
11.2. If you send us feedback or suggestions, we may use them without obligation to you.
11.3. We may identify a Seller as a customer (by name and logo) in our marketing materials. You can opt out at any time by writing to hello@aliveit.app.
12.1. The Service may link to or integrate with third-party services (such as marketplaces, payment providers or app stores). Their terms and privacy policies govern your use of them, and we are not responsible for them.
12.2. Apple. If you download the Mobile App from the Apple App Store: these Terms are between you and AliveIt, not Apple; Apple has no obligation to provide maintenance or support for the Mobile App; if the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) and, to the extent permitted by law, has no other warranty obligation; Apple is not responsible for any product-liability, consumer-protection or intellectual-property claims relating to the Mobile App; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not in a country subject to a US embargo and are not on any US prohibited-parties list.
13.1. By you. Sellers can cancel their subscription or request deletion of their account at any time by contacting support at support@aliveit.app from the email address associated with the account. We will confirm the cancellation or deletion by email.
13.2. By us. We may suspend or terminate your access, with notice where reasonable, if you materially breach these Terms, fail to pay, create risk or legal exposure for us or others, or if required by law.
13.3. Effect on AR Experiences. If a paid subscription ends, the Seller’s account moves to the free plan and remains accessible, with the limits of that plan. We use reasonable efforts to keep the Seller’s Content and AR Experiences available for as long as the Seller’s account (including a free-plan account) remains active, unless the Seller deletes them, the Content violates these Terms or the law, or the Service is discontinued under Section 9.3. If a Seller deletes its account or we terminate it under Section 13.2, we delete account data and Content as described in our Privacy Policy, and related AR Experiences will stop working.
13.4. Sections 4 (for amounts owed), 5.3, 5.4, and 10 through 19 survive termination.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIVEIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT WILL BE PRESERVED FOR ANY PERIOD, OR THAT ANY PARTICULAR DEVICE OR BROWSER WILL SUPPORT AR EXPERIENCES. ALIVEIT DOES NOT GUARANTEE ANY SALES OR BUSINESS RESULTS FROM USING THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALIVEIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, CONTENT OR GOODWILL; AND (B) ALIVEIT’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID ALIVEIT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.
Sellers (and Uploaders, for their own Content) will defend, indemnify and hold harmless AliveIt and its officers, employees and agents from any third-party claims, losses and costs (including reasonable attorneys’ fees) arising from their Content, their products and dealings with their customers, their breach of these Terms, or their violation of law or third-party rights, including privacy and intellectual-property rights.
17.1. Informal resolution first. Before filing a claim, you and AliveIt agree to try to resolve the dispute informally for 30 days after written notice (to hello@aliveit.app for AliveIt).
17.2. Binding individual arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules (as applicable), by a single arbitrator, conducted in English, remotely or in Pittsburgh, Pennsylvania. Judgment on the award may be entered in any court with jurisdiction.
17.3. Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
17.4. Class-action and jury waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding. You and AliveIt waive the right to a jury trial.
17.5. Opt-out. You may opt out of this Section 17 by emailing hello@aliveit.app within 30 days of first accepting these Terms, stating your name, account email and that you opt out of arbitration.
17.6. Governing law and venue. These Terms are governed by the laws of the State of Delaware and applicable US federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules. For any claim not subject to arbitration (including if you opt out under Section 17.5), you and AliveIt consent to the exclusive jurisdiction of the state courts located in Allegheny County, Pennsylvania, and the United States District Court for the Western District of Pennsylvania, in Pittsburgh. Nothing in this Section removes mandatory consumer protections you have under the law of your country of residence.
We may update these Terms from time to time. For material changes we will give at least 30 days’ notice by email or in the Web App before they take effect. Continuing to use the Service after the effective date means you accept the updated Terms; if you do not agree, you may cancel before then.
These Terms, together with the Privacy Policy, Cookie Policy and any order form or plan terms, are the entire agreement between you and AliveIt about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in the Web App.
AliveIt, Inc. · 533 E Girard Ave STE 43674, Philadelphia, PA 19125, USA
General and legal: hello@aliveit.app · Support: support@aliveit.app