Terms of Services

Your act of creating an account, ticking the acceptance checkbox, or starting a paid plan constitutes your acceptance of this Agreement and forms a binding contract between you and Selvio. If you accept on behalf of an employer or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

This Agreement applies in the version in force at the time you accept it. We record the version and timestamp of your acceptance so that the applicable text remains verifiable. Other terms, including any purchase order or standard business form you submit, do not become part of this Agreement unless we expressly agree in writing.

• Service means the Selvio web application, related APIs, dashboards, generated outputs, and any associated documentation made available by Selvio.
• User Content means product photos, text, briefs, brand assets, and any other materials you upload to or input into the Service.
• Output means images, copy, layouts, or other creative materials generated by the Service from your inputs.
• Plan means the free or paid subscription tier you select at checkout, including its features, limits, and price.
• Order means your selection of a Plan and payment details submitted at sign-up or upgrade.
• Business User means a customer using the Service in the course of a trade, business, or profession (including agencies and Amazon sellers).

Access to the Service is restricted to authorised users on your account. You are responsible for keeping credentials confidential, for all activity under your account, and for promptly notifying us at support@selvio.net of any unauthorised access. Credentials must not be shared across individuals.

You must be at least the age of majority in your jurisdiction to use the Service, and you are responsible for ensuring compliance with this Agreement by everyone you authorise to use your account.

You must not use the Service to create, upload, distribute, or process content that is unlawful or that you do not have the right to use. Prohibited content and activities include:

• child sexual abuse material, content that incites hatred or violence, or content that is harassing or discriminatory;
• content that infringes third-party intellectual property rights, including copyright, trademarks, registered designs, or the likeness of identifiable persons without the necessary consent;
• deceptive content, false endorsements, or misleading representations;
• content or advertising that violates the policies of Amazon or any other platform on which you intend to publish.

You also agree not to:

• reverse engineer, decompile, or attempt to extract the source code or underlying AI models of the Service;
• build or assist in building a competing service using the Service or its outputs;
• resell, sublicense, or provide raw model access to third parties as a standalone offering;
• scrape, crawl, or harvest data from the Service by automated means except through interfaces we expressly provide;
• circumvent, disable, or exceed usage limits, quotas, rate limits, or technical protection measures;
• upload harmful code, interfere with system integrity, or attempt to access other customers’ data.

We may use technical safeguards (such as content filters and abuse reporting) to enforce these rules. Breach of this section entitles us to the measures set out in Section 12 (Suspension and Termination).

You retain all rights in your User Content. You grant Selvio a worldwide, non-exclusive, royalty-free licence to host, process, display, and otherwise use your User Content to the extent necessary to provide, secure, and improve the Service for you and to generate Outputs.

You warrant that you own or are sufficiently licensed to use all User Content, and that your inputs, intended use, and resulting Outputs do not infringe any third-party rights or violate any law or this Agreement.

The Service generates AI Outputs based on your inputs. Whether copyright protection subsists in any specific Output depends on the degree of human creative contribution; purely AI-generated content may not enjoy copyright protection.

Paid Plans. To the extent we hold rights in an Output, we grant you a non-exclusive, worldwide, perpetual licence to use that Output for commercial and private purposes (including reproduction, distribution, public display, and use in advertising, products, packaging, and Amazon listings). Where no copyright subsists, we permit you to use the Output for these purposes and assert no own rights against you in this respect.

Free Plan. On the free Plan, you receive a non-exclusive, revocable permission to use generated Outputs for personal, non-commercial purposes only. Commercial use requires a paid Plan.

Outputs are machine-generated and may be inaccurate, incomplete, or unsuitable for your particular purpose. You are responsible for reviewing and verifying every Output for accuracy, legality, and fitness before using or publishing it. Within the limits of Section 14, we give no guarantee of accuracy, completeness, or fitness for a particular purpose of any Output.

Where applicable law (including platform rules and AI transparency regulations) requires AI-generated or AI-manipulated content to be labelled as such, you are responsible for complying with those obligations when you publish or distribute Outputs.

All intellectual property rights in and to the Service, including the platform, models, documentation, and any materials provided by Selvio (the “Selvio IP”), are and remain the sole property of Selvio and its licensors. No rights in the Selvio IP are transferred to you except for the limited licence to use the Service granted under this Agreement.

Subject to your compliance with this Agreement and payment of applicable fees, Selvio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business or personal purposes during the term of this Agreement.

Selvio may use information, data, and materials derived from operation of the Service that are aggregated, anonymised, or otherwise rendered not reasonably associated with you (including usage statistics and model performance data) to operate, maintain, secure, and improve the Service. Such derived data is owned by Selvio.

Each party may receive non-public information of the other (“Confidential Information”) in connection with this Agreement. The receiving party will use Confidential Information only to perform under this Agreement, will protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and will disclose it only to personnel and contractors who need to know it and who are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available, was rightfully known without a duty of confidentiality, was independently developed, or was rightfully obtained from a third party without restriction. The receiving party may disclose Confidential Information if required by law or regulator, provided it gives reasonable prior notice where lawful.

Selvio processes personal data in accordance with its Privacy Policy. Each party will comply with applicable data protection and privacy laws in connection with its activities under this Agreement and will implement appropriate technical and organisational measures to protect personal data against unauthorised access, use, or disclosure.

The Service may integrate with or be used in connection with third-party platforms, including Amazon. Your use of those platforms is governed by their own terms; Selvio is not a party to those agreements and is not responsible for third-party services, content, or decisions (including listing approvals, suspensions, or removals).

You are solely responsible for ensuring that Outputs you publish comply with the policies of the platforms on which you publish them, including Amazon’s style guides and content policies.

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELVIO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Selvio does not warrant that the Service will meet your requirements, achieve any particular result, operate without interruption, be secure, or be compatible with any specific third-party system. The Service does not constitute professional, legal, marketing, or financial advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO SELVIO UNDER THIS AGREEMENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Nothing in this Agreement limits liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) willful misconduct; or (iv) any other liability that cannot be excluded or limited under applicable law. The limitations in this section do not relieve you of any obligation to pay fees properly due under this Agreement.

By you. You will defend, indemnify, and hold harmless Selvio and its affiliates, officers, employees, and agents from any third-party claim and reasonable legal costs arising out of (a) your User Content, (b) your use of the Service or Outputs in breach of Section 5 (Acceptable Use) or your warranties in Section 6, or (c) your violation of applicable law or third-party rights.

By Selvio. Selvio will defend, indemnify, and hold you harmless from any third-party claim alleging that your authorised use of the Service infringes that party’s intellectual property rights. This obligation does not apply where the claim arises from: (i) modifications made without Selvio’s consent; (ii) your User Content; (iii) your failure to use an updated version made available to avoid infringement; or (iv) use of the Service in combination with materials not provided or contemplated by Selvio.

Procedure. The indemnified party will (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defence and settlement (provided that no settlement imposing non-monetary obligations on the indemnified party will be made without its consent), and (c) reasonably cooperate at the indemnifying party’s expense.

Business Users (opt-out). If you are a Business User, you agree that Selvio may use your company name and logo, together with non-confidential information about your use of the Service, as a reference on its website and in marketing materials. Any such use will truthfully reflect the actual scope of the relationship. You may opt out at any time, with effect for the future, by emailing support@selvio.net.

Individuals (opt-in). If you are not a Business User, we will not list your name as a customer reference without your separate prior consent. Named case studies, testimonials, or the depiction of identifiable persons or their products always require separate prior consent, regardless of user type.

We may modify this Agreement from time to time. Material changes will be communicated by email or in-app notice at least 30 days before they take effect. The current version is always available on our website, and prior versions are retained so you can verify which version applied at the time of your acceptance. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Agreement. If you do not accept the changes, you may cancel before they take effect.

Neither party will be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, strikes, governmental action, internet or telecommunications failures, or third-party service outages. The affected party will notify the other promptly and use reasonable efforts to resume performance. If a force majeure event continues for more than 45 consecutive days, either party may terminate the affected portion of this Agreement on written notice.

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

If a dispute arises under this Agreement, the parties will first attempt in good faith to resolve it through informal discussion. If the dispute is not resolved within 15 days of written notice, either party may pursue available remedies. The courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each party submits to that jurisdiction. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Assignment. You may not assign this Agreement without our prior written consent. Selvio may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.

Notices. Notices to Selvio must be sent to support@selvio.net. Notices to you may be sent to the email address associated with your account.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. A party’s failure to enforce a provision does not waive its right to enforce it later.

Entire agreement. This Agreement, together with the Privacy Policy and any policies referenced herein, constitutes the entire agreement between you and Selvio regarding the Service and supersedes all prior agreements and understandings on the subject.

Questions about this Agreement can be directed to:

• Selvio Inc., Ontario, Canada
• Email: support@selvio.net