Thank you for using ImgnAI!
Use of Services
You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
Fees and Payments
You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method for card payments. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize imgnAI and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we may suspend access to the Services until payment is received. Fees are due upon invoice issuance. Payments are nonrefundable. If any amount of your Fees is past due, we may suspend your access to the Services until payment is received.
We reserve the right to change our prices at any time with or without written notice. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
Refunds and Cancellations
We do not offer any refunds for any products or services. All payments are final and nonrefundable. You may cancel your paid subscription at any time. If you do cancel your subscription, no refund of any kind will be provided. By using any of our products or services, you agree to withhold your right to a refund.
You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (iii) represent that output from the Services was human-generated when it is not; or (iv) You will comply with any rate limits and other requirements in our documentation.
Third Party Services
Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, ImgnAI hereby assigns to you all its right, title and interest in and to Output. ImgnAI may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
Similarity of Content
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for ImgnAI or a third party. Other users may present similar prompts and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
If you believe that your intellectual property rights have been infringed, please send notice to [email protected]. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Service is not directed to children who are under the age of 13. ImgnAI does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to ImgnAI through the Service please email us at [email protected] and we will endeavor to delete that information from our databases.
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
By using our Service, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States, and within the European Union.
The ImgnAI Token does not represent a stake, ownership in, or investment in ImgnAI, any of it’s software development, output, or otherwise. ImgnAI does not represent a financial institution, broker, advisor, or otherwise. Decentralised tokens cannot be controlled or otherwise manipulated by the ImgnAI team, inclusive of rolling back transactions, or changing the state of decentralized blockchains. Tokens vary in regulatory status by jurisdiction, and all legal indemnities are waived from the ImgnAI team in the event of an individual breaking or acting against accordance with any Federal or State Law, or otherwise. Furthermore, any purchasing or trading party understands that any value derived from tokens can under no circumstances be controlled or otherwise predicted by the ImgnAI Team or any affiliated or otherwise associated parties, with the purchasing or trading party assuming any and all financial and legal risks or obligations associated.
Personal information we collect
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:
Personal Information You Provide: We may collect Personal Information if you create an account to use our Services or communicate with us as follows.
Communication Information: If you communicate with us, we may collect your name, contact information, and the contents of any messages you send (“Communication Information”).
Image Request Prompts: In the event of an image being requested via ImgnAI, we will store the prompt, the requesting user ID, any associated channel or page IDs for posting (such as a Discord channel, or Tweet ID), and the resulting image for a minimum of 48 hours. This data is required for serving any resulting images, along with keeping the base image available for any additional services such as AI Upscaling. In addition, this data may be analyzed by our moderation team in order to better improve our services, and to detect/remove any restricted, or harmful content generated.
Web3 Data: In the event of interacting with any ImgnAI services via a WEB3 Wallet or associated software or service, all data which is immutably stored on-chain may be accessed at a later date by ImgnAI for purposes such as book-keeping/accounting or otherwise. Please note that ImgnAI do not employ any measures which tie your Wallet Address or other WEB3 Data to your IP Address, or any other identifying information.
Personal Information We Collect Through Our Social Media Pages: We have pages on social media sites like Twitter (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details (“Social Information”). In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Personal Information We Receive Automatically From Your Use of the Services: When you visit, use, and interact with the Services, we may receive certain information about your visit, use, or interactions (“Technical Information”), including the following:
Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
Usage data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, computer connection, IP address, and the like.
Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
Sharing and Disclosing of Personal Information
In certain circumstances we may share your Personal Information with third parties without further notice to you, unless required by the law, including without limitation in the situations below:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, and web analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
Other Users: certain actions you take may be visible to other users of the Service.
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Limitations of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
You and ImgnAI agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by emailing [email protected] within 30 days of agreeing to these arbitration terms or the relevant changes.
Informal Dispute Resolution
We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against ImgnAI, you agree to try to resolve the dispute informally by sending us notice at [email protected] of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
No Class Actions
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this Section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and ImgnAI or any of ImgnAI’s affiliates. ImgnAI and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
U.S. Federal Agency Entities
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
Assignment and Delegation
You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
Waiver and Severability
If you do not comply with these Terms, and ImgnAI does not take action right away, this does not mean ImgnAI is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists. You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to ImgnAI and its affiliates, and ImgnAI shall have the right to seek injunctive relief against you in addition to any other legal remedies.