Effective Date: 18 May 2026
Governing Law: Laws of France
Legal Entity: Kivisense SAS (SIREN: [990 013 799], Registered Address: [65 Rue Saint Vincent de Paul42153 Riorges], Email: info@kivisense.com, Representative: [Tianfu Zhang])
These Terms (the “Terms”) constitute a legally binding agreement between you (“you”/“user”) and Kivisense SAS, a French company with registered address at [65 Rue Saint Vincent de Paul42153 Riorges] (“Kivisense”, “we”, “us”, “our”), governing your access to and use of the Kivicube AR content creation and hosting platform (the “Service”).
Language Priority: In the event of any conflict between the English version and the French version of these Terms, the French version shall prevail.
By clicking “I Agree”, registering an account, or using the Service in any manner, you acknowledge that you have read, understood, and unconditionally agreed to be bound by these Terms and our Privacy Policy.
1.1 Kivicube is a neutral technical hosting and creation tool platform (hébergeur) providing:
1.2 Kivisense is not a publisher, editor, or controller of User Content. We do not participate in, review, approve, or exercise any control over User Content.
1.3 The Service is comparable to Canva, Figma, Spline: we provide tools only; users own and control their content.
2.1 You are solely responsible for all content you upload, create, generate, edit, publish, or store via the Service (“User Content”), including AR scenes, 3D models, images, audio, video, textures, and all other digital assets.
2.2 You represent and warrant that:
You hold full, legal, valid, and licensable rights to User Content (copyright, trademark, portrait rights, etc.)
You have obtained all necessary third-party licenses for any third-party materials used in User Content
User Content does not infringe any third-party intellectual property or other legal rights
3.1 You shall be solely and exclusively responsible for all User Content you upload, create, publish and distribute. You shall bear all legal liabilities, compensation obligations and relevant consequences arising from any infringement disputes, third-party claims, administrative penalties and judicial proceedings related to your content.
3.2 All operations conducted under your account shall be deemed your own independent acts. Any internal disputes over duty identification, personnel behavior confirmation and internal liability allocation among relevant parties shall be settled by yourselves privately. You shall not hold Kivisense SAS liable or claim any compensation from us on the ground of such internal disputes.
3.3 Kivisense SAS only provides neutral technical services, and shall enjoy all liability exemption rights and legal protections stipulated under applicable French laws and relevant European regulations. We shall not take the initiative to assume any additional liability beyond the statutory scope. All statutory mandatory liability exceptions shall be implemented in accordance with local prevailing laws without further elaboration herein.
4.1 No Active Review Obligation: Kivisense has no obligation to pre-review, monitor, or verify the legality of User Content.
4.2 No Warranty: To the fullest extent permitted by French law:
4.3 Liability Cap (**B2C** Only): For consumer users, Kivisense’s total aggregate liability under these Terms shall not exceed the total fees you paid to Kivisense in the 12 months prior to the dispute.
4.4 Hosting Provider Safe Harbor: As a neutral hosting provider under French Confiance Numérique Law and EU DSA, we qualify for safe harbor protection if:
4.5 No Agency/Partnership: No agency, partnership, employment, or representative relationship exists between you and Kivisense. User Content does not represent Kivisense’s views.
5.1 We reserve the right to delete, block, or restrict access to User Content, suspend/terminate your account, or disable public AR access:
5.2 No Prior Notice: We may take such measures without prior notice (DSA permitted).
6.1 Right Holder Notice: Rights holders may submit valid infringement notices via our official channel.
6.2 Takedown Timeline: We process valid notices within 7 business days (max 15 days).
6.3 Counter-Notice: You may submit a counter-notice if you believe content was wrongfully removed.
You agree to fully indemnify, defend, and hold harmless Kivisense, its affiliates, directors, employees, and partners from all losses, damages, legal fees, arbitration costs, settlement amounts, and regulatory fines arising from:
We may restrict, suspend, or permanently terminate your account for repeated infringement, without prior notice.
You are solely responsible for third-party materials (templates, models, plugins) used in User Content. Kivisense is not liable for third-party rights or licensing compliance.
10.1 Commercial Use: You may use AI-generated content for personal/commercial purposes, subject to these Terms.
10.2 No Warranty: AI-generated content may resemble existing works. We do not warrant originality, non-infringement, or copyright validity.
10.3 User Risk: You independently assess risks of commercial use (infringement, claims, regulatory). We are not liable for disputes arising from AI-generated content.
11.1 These Terms are governed exclusively by the laws of France.
11.2 Exclusive Jurisdiction: All disputes shall be subject to the exclusive jurisdiction of the competent courts of France.
We may display public copyright information (creator name, entity, authorization status) via a copyright QR code for verification/traceability. We do not judge ownership or issue copyright guarantees. Non-public user data is strictly protected.