1. Acceptance of Terms

Welcome to Imagoria ("we," "us," or "our"). By accessing or using our AI-powered image generation service (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of the Terms, you must not use the Service.

2. Description of the Service

Our Service provides AI-powered image generation based on user instructions. The Service is offered "as is" and "as available" without any warranties, express or implied.

3. User Accounts

Some features of our Service may require you to create an account. If an account is required, you are responsible for maintaining the confidentiality of your account. You agree to take responsibility for all activities that occur under your account.

4. Payment and Refunds

Our Service operates on a credit-based system. Purchased credits are non-refundable. We reserve the right to change our prices at any time without prior notice.

5. Availability and Service Disruptions

Although we strive to provide uninterrupted service, we do not guarantee continuous, uninterrupted access to our Service. System failures, maintenance, or other issues may lead to interruptions. We are not liable for any losses or damages resulting from service disruptions.

6. Image Generation and Content

6.1. Our AI generates images based on user instructions. We do not guarantee the quality, accuracy, or appropriateness of the generated images.

6.2. You are solely responsible for the instructions you provide and the resulting images.

6.3. We reserve the right to refuse service or terminate accounts for instructions or uses that violate our content policies.

7. Copyrights

7.1. The instructions you provide may be publicly visible and accessible to other users of the Service.

7.2. We grant you a non-exclusive, worldwide license to use, download, and share the AI-generated images for personal or commercial purposes.

7.3. You may not claim copyright on the AI-generated images.

8. Prohibited Uses

You agree not to use the Service to generate or distribute the following content:

• Illegal content
• Hate or discriminatory content
• Sexually explicit or pornographic content
• Content that infringes on the copyrights of others
• Content that violates applicable laws or regulations

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, whether incurred directly or indirectly, or for any data loss, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use the Service;
• Unauthorized access to or use of our servers and/or any personal information stored therein;
• Any interruption or cessation of transmission to or from the Service;
• Bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service.

10. Indemnification

You agree to defend, indemnify, and hold harmless Imagoria, its licensors, and licensees, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

11. Applicable Law

These Terms of Use are governed by French law. In case of disputes, the French courts shall have jurisdiction, as far as this is permissible under the laws applicable in your country of residence.

12. Changes to the Terms

We reserve the right to modify or replace these Terms at our sole discretion at any time. We will notify you of any material changes. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

14. International Use

Our Service is intended for international use. By using our Service, you acknowledge and agree that it is accessible worldwide, and that the laws of your local jurisdiction may apply to your use of the Service.

15. AI-Generated Content

Our Service utilizes artificial intelligence (AI) to create images. You understand and acknowledge that AI-generated content may unintentionally resemble existing copyrighted materials or depict real persons. We make no guarantees regarding the uniqueness or originality of AI-generated content. Users are responsible for ensuring that their use of AI-generated content does not infringe on third-party rights.

16. Contract Language

These Terms of Use are written in English. In case of any conflict or discrepancy between the English version and a translation, the English version shall prevail.

Last updated: August 30, 2024