Terms of Service

Elvoko is operated by Elvoko Design Studio. Our merchant of record holds our verified identity, and we will give it to you where the law requires; write to hello@elvoko.com.

These terms govern your use of the Elvoko application for macOS, the website at elvoko.com, and the services behind them (together, the "Service"). By creating an account, accepting an invite, or using the Service you agree to them and to the Privacy Policy and the Refund Policy. If you use the Service for an organisation, you confirm that you are allowed to bind it.

You must be at least 16 years old. You must not be located or ordinarily resident in a territory subject to comprehensive sanctions, and you must not be a person we are prohibited from dealing with. Availability of the Service, and of particular models within it, varies by region and by our providers; we may decline, limit or withdraw access in any region.

While Elvoko is in private beta it is offered as a preview and by invitation. Features change, pause or are removed while we build it; data may be lost; access may be paused or withdrawn. Credits granted during the beta have no cash value, may expire, and may be withdrawn when the beta ends.

An account is for one person. Use your own email address, keep your sign-in details to yourself, and tell us promptly at hello@elvoko.com if you think someone else has used your account. You are responsible for what is done through it. We may suspend or close accounts for security reasons, for abuse, or for breach of these terms.

Credits pay for what the Service does for you: making and changing pictures, and the agent’s work in a conversation. They are a licence to use those features, not money or property; they have no cash value except as the Refund Policy says, and they cannot be transferred, sold or exchanged. The price of a picture is shown before you make it. A generation that fails is re-credited automatically; one that was delivered is not. Prices may change; a change never affects credits you already hold.

Purchases are sold and processed by our reseller, the payment provider named at checkout. It acts as the merchant of record: it is the seller on your receipt, charges and pays the sales tax or VAT that applies, issues invoices, and handles payment, refunds and chargebacks under its own terms of sale, which you accept at checkout. These terms govern your use of the Service.

Plans renew automatically at the end of each billing period until you cancel. You can cancel at any time; cancelling takes effect at the end of the period you have paid for, and you keep access until then. We will tell you before a price change applies to your next renewal. Credits you buy do not expire while your account is open, unless the offer you bought says otherwise.

We give you a personal, non-exclusive, non-transferable licence to use the Elvoko app for your own work, including commercial design work. The app, its design and its code belong to us. You may not, and may not help anyone else to:

• reverse engineer, decompile, disassemble or otherwise try to extract the app’s source code, except where the law expressly allows it despite this term;
• copy, modify, repackage, resell or redistribute the app or any part of it;
• use the app, its design or its behaviour to build a competing product;
• reach our service other than through the Elvoko app and this site, including by scraping, bots, or calling our servers directly;
• probe or test the security of our systems without our written permission;
• get around usage limits, credits, or access controls.

The app updates itself or asks you to update; older versions may stop working with the Service. The app includes open-source components under their own licences, listed inside the app. Nothing in these terms limits the rights those licences give you.

"Content" means what you provide or let the Service use: briefs, messages, references, pictures, and the files and folders you attach or that the agent opens in your project. "Outputs" means what the Service makes for you: pictures, documents, pages and changes to your files.

1. You keep whatever rights you have in your Content. You grant us a licence to host, copy, process, transmit and display it only as needed to run the Service for you, including sending it to third-party model providers.
2. You are responsible for your Content. You confirm that you have the rights needed to use it with the Service, that it complies with these terms and with the law, and that any people, brands or works shown in your references are used with the permissions required.
3. Subject to these terms and to the law, we assign to you whatever rights we may have in Outputs made for you. Outputs may not be unique; similar or identical outputs may be made for others. We make no promise that Outputs are original, accurate, lawful, or free of third-party rights. Check Outputs before you use them; how you use them is your responsibility, including any duty to say that a picture was generated.
4. Your projects, library and files on your computer are yours and are not part of the hosted Service.

The agent acts on your instructions. To do so it can open the files and folders you give it or that are in your project, search the web, make and change pictures, and create or change files in your project folder. It can be wrong: it may misread a document, make a picture you did not want, or change a file in a way you did not intend. Review what it does, keep copies of files that matter, and do not give it files you are not allowed to share with a model provider.

Do not use the Service to make, upload, store or share:

1. sexual or other not-safe-for-work content;
2. any content that sexualises, exploits or endangers minors, or shows minors in a harmful context;
3. the likeness of a real person without that person’s consent, or content that presents a real person as having said or done something they did not;
4. content about elections, political campaigns, or political figures or candidates;
5. content that promotes hatred, violence or discrimination against people for who they are, or that harasses or threatens anyone;
6. content that infringes someone else’s copyright, trademark, privacy or other rights;
7. fraud, scams, spam, malware or deceptive content;
8. anything that is illegal where you are or where the content will be used.

Do not share, rent or resell access to your account, use the Service to build a dataset or train a model, or interfere with the Service or with other people’s use of it. We may remove content, refuse requests, and suspend or close accounts for breaches. To report content, write to us.

We may use automated and manual review of requests and outputs to enforce these terms and to comply with the law. We do not promise to review everything, and reviewing does not make us responsible for your Content or Outputs. We watch for misuse of the Service, including attempts to use it outside the app, and keep records of it as the Privacy Policy describes.

The Service relies on others: model providers that turn your requests into pictures, answers and documents; web search providers; email delivery; hosting and storage; and our merchant of record. Their processing is governed by their own terms. We choose them with care but do not control them, and we are not responsible for their acts, outages or changes.

The app’s built-in browser shows other websites as they are. Their content and terms are theirs; when you collect references from them, following those terms and respecting the rights in what you collect is up to you.

The Service, the app, the website, the Elvoko name, wordmark and mark, and all related materials belong to us or to our licensors. No rights are granted except those these terms set out.

If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use them without any obligation to you.

We may change, suspend or discontinue any part of the Service. We have no obligation to keep any feature, to maintain any level of uptime, or to store anything beyond what the Privacy Policy states. If we close a paid Service for good, we will tell you in advance and refund credits you bought and have not used.

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. Generated pictures and documents can be wrong, biased, or resemble existing works; you use them at your own risk. Where the law does not allow an exclusion, it applies only as far as the law permits.

To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, files, goodwill or business, arising out of or related to the Service or Outputs, however caused; and (b) our total liability for all claims relating to the Service in any twelve-month period is limited to the greater of the amount you paid for the Service in the three months before the claim and 50 US dollars. These limits apply under any theory of liability, even if we were told that damage was possible. They do not exclude liability that the law does not allow to be excluded.

You will defend, indemnify and hold us harmless from any claim, damage, loss or expense (including reasonable legal fees) arising from your Content, your Outputs and their use, your breach of these terms, or your violation of the law or of anyone’s rights.

You can stop using the Service at any time and close your account by writing to us from its email address. We may suspend or end your access, with or without notice, for breach of these terms, for legal risk, for misuse, or because the beta ends. When access ends, your licence ends. Sections 7, 12, 13, 15, 16, 17 and 20 survive.

You are responsible for complying with the export-control and sanctions laws that apply to you. You must not use the Service from, or for the benefit of anyone in, a territory subject to comprehensive sanctions (at the date of these terms: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine), or if you appear on a sanctions list.

These terms are governed by the laws of the place where the operator ordinarily resides, without regard to conflict-of-law rules. Before starting any formal proceeding, write to us and try in good faith to resolve the matter for at least 30 days. Nothing in this section takes away rights you have as a consumer under the mandatory law of the place where you live.

We may update these terms by posting a new version here with a new date. When a change matters, we will tell you in the app or by email before it applies. Using the Service after a change applies means you accept it.

hello@elvoko.com — for questions, content reports, copyright complaints (include the picture or link, a description of your rights, and how to reach you), and closing your account.