ImagineArt Terms

1. Acceptance of Terms

Welcome to ImagineArt, an AI-powered platform offering image generation, video creation, audio tools, model training, and API access (collectively, the “Service”). These Terms and Conditions (“Terms”) govern your use of the Service and form a binding legal agreement between you and ImagineArt (referred to as “ImagineArt,” “we,” “us,” or “our”). By creating an account or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organization or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” as used in these Terms includes both you as an individual and that entity. You are responsible for ensuring that all persons who access the Service through your account are aware of and comply with these Terms.

Additional guidelines, policies, or terms may apply to certain features of the Service (e.g., API use, community forums, or specific tools). Such Supplemental Terms will be presented to you for acceptance when you use those features, or are otherwise referenced in these Terms. Supplemental Terms are incorporated by reference and form part of this Agreement. If there is any conflict between these Terms and Supplemental Terms, the Supplemental Terms will govern with respect to the applicable feature or Service.

2. Eligibility and Account Registration

You must be at least 13 years old (or the minimum digital age of consent in your country, if higher) to use ImagineArt. If you are under 18 (or under the age of majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you affirm that you are old enough to enter into this agreement or have obtained proper consent from a parent/guardian. While Imagine Art strives to generate content that aligns with user expectations and is appropriate for all audiences, the assets are created by an artificial intelligence system based on user inputs. As a result, we cannot guarantee that the generated content will always meet specific suitability or appropriateness standards for every user.

To access most features, you must create an ImagineArt account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized access to or use of your account. We recommend using strong, unique passwords and enabling available security features. We are not liable for any loss or damage arising from your failure to secure your account.

Each user may register and use only one account, and you may not share your account with others. You must not misrepresent your identity or affiliation with any person or entity. ImagineArt reserves the right to suspend or terminate any account that it suspects is being shared or used in violation of these Terms.

If you create an account on behalf of a company or other entity, you represent that you have the authority to do so and to bind the entity to these Terms. In such case, the term “you” will refer to both you and the entity. The entity shall be fully responsible for the account and compliance with these Terms.

3. Subscription Plans, Credits, and Fees

ImagineArt offers both free access (with limited features or usage quotas) and paid subscription plans that provide enhanced features, higher usage limits, or access to premium tools. Some aspects of the Service may use a credit system for consumption of resources (e.g., generating images or videos may cost tokens/credits). The specific details of available plans, including pricing, features, and credit allotments, are described on our Pricing page or in the Service interface. By selecting a subscription tier or purchasing credits, you agree to pay the applicable fees and abide by any additional terms for that plan.

You must provide a valid payment method when signing up for a paid plan. Subscription fees are billed in advance on a recurring basis (e.g., monthly, quarterly or annually) according to the plan you select, and will auto-renew at the end of each billing cycle unless canceled. By subscribing, you authorize ImagineArt (or its payment processor) to charge your provided payment method automatically each renewal period for the subscription fee, until you cancel. We will charge applicable taxes as required by law. No contract for services is formed until we confirm your subscription (for example, by email or by providing access to the paid features).

After your initial term, your subscription will automatically renew for successive periods of the same length at the then-current price for your plan. We may adjust the pricing and/or features of subscription plans and will provide advance notice of any material changes (for instance, by email or via the Service). If you do not agree to a change in fees or terms for a renewed term, you must cancel your subscription before the next billing cycle. Continued use of the Service after price or feature changes take effect constitutes your acceptance of the new terms. Promotional or discounted subscription offers, if any, are subject to the terms of the offer and may be available only for first-time or eligible users; after the promotional period ends, regular rates will apply.

If your plan includes usage credits , these credits may be deducted as you use certain tools or API calls. Credits may have an expiration date (as specified in the plan or at purchase) and are only usable for the ImagineArt Service. They are not refundable or redeemable for cash and may not be transferred to other users (except as explicitly allowed by a specific business or team plan). If your account is terminated or closed, unused credits are forfeited and will not be refunded, except where required by law or at our sole discretion.

We may offer free trials or free tiers for new users. Free trials are for a limited period as specified, and are intended to allow new users to try the Service. We may require you to provide a payment method to start a free trial; however, you will not be charged until the trial period ends. If you do not cancel before the trial ends, your trial may convert to a paid subscription and your provided payment method will be charged the applicable fees on the first day after the trial period. You can cancel a trial at any time before it ends to avoid incurring charges. We reserve the right to modify or discontinue free trial offers at any time.

You may cancel your subscription at any time by visiting your account settings (e.g., the “Plans & Billing” page) or through the platform from which you purchased the subscription. If you cancel, you will continue to have access to your paid features until the end of the current billing period, but your subscription will not renew thereafter. We do not provide prorated refunds for unused time in a billing cycle – the cancellation will take effect at the next renewal and you will not be charged going forward. If you downgrade your plan, the change will occur at the start of the next billing period; you will retain access to the higher-tier features until that time.

Subscription fees (and purchased credit packs) are generally non-refundable except as required by law or explicitly stated otherwise. (Refund Policy)

If we cannot charge your provided payment method for any reason (e.g., card expiration or insufficient funds), we will attempt to notify you and may retry billing. If payment remains outstanding, ImagineArt may suspend or downgrade your account, or terminate your subscription, at our discretion. You remain responsible for any unpaid amounts, and you agree to reimburse us for any collection costs incurred.

4. Service Availability and Changes

ImagineArt is continually evolving. We are constantly improving and updating the Service’s features and capabilities. You acknowledge that the Service (including any content, algorithms, models, or user interfaces) may change over time as we refine our products. We reserve the right to add, modify, or remove features or functionality of the Service at any time, with or without notice, provided that if you are a paid subscriber and a change materially reduces core functionality of your plan, we will endeavor to provide you notice or an adjustment.

From time to time, we may offer early access to new or experimental features (often labeled as “Beta” or preview). Such features are provided on an as-available basis for testing and feedback, without any warranties, and may be modified or discontinued at our discretion. Beta features may have separate or additional terms.

We strive to maintain the Service’s availability but do not guarantee uninterrupted, error-free operation or any specific uptime. The Service may occasionally be unavailable for maintenance, updates, or network issues. ImagineArt is provided “as is” and “as available” without any warranty of quality, reliability, or availability. You agree that you will not rely on the continuous availability of the Service for any critical uses. We are not liable to you for any harm or losses arising from Service outages, disruptions, or changes to any features.

We may provide user support or documentation to help you use the Service. However, unless you have a separate support agreement, we do not guarantee any specific response times or resolutions for support inquiries.

5. Acceptable Use and Conduct

By using ImagineArt, you agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You are responsible for your conduct and any data, text, images, audio, video, or other content that you input into or generate via the Service (collectively, “Content”). Without limiting the generality of the foregoing, you agree not to:

• Illegal Activities: Use the Service for any unlawful, fraudulent, or malicious activities, or in any way that violates any applicable law or regulation. You may not upload or submit any content that is illegal in the jurisdiction in which you reside or in which we operate, nor use the Service in furtherance of any illegal purpose.
• Infringement of Rights: Upload, submit, or generate any content that infringes or violates the intellectual property rights or other rights of any person or entity. This includes, for example, prompts or inputs that attempt to recreate copyrighted images or audio without authorization, as well as any output content that you use in a manner that violates someone else’s copyright, trademark, patent, trade secret, right of publicity, or privacy rights. Do not attempt to use the Service to violate the IP rights of others.
• Prohibited Content: Use the Service to create or share content that is obscene, pornographic, sexually explicit, excessively violent or graphic (gore), or hateful/harassing toward any individual or group. Content that promotes self-harm, suicide, terrorism, or other extreme violence is strictly forbidden. We also do not allow content that is defamatory, libelous, threatening, or that advocates bigotry or discrimination against protected classes. ImagineArt aims to maintain a PG-13, family-friendly environment, and we reserve the right to block or filter prompts that produce disallowed content.
• Personal Data and Privacy: Do not input personal data about others without their consent, especially sensitive personal information. You must not upload images, audio, or any media depicting another person (especially minors) without proper rights or permission to do so. No Doxing: You may not use the Service to disclose another person’s personal identifying information (“doxing”) or invade another’s privacy.
• Deception and Misinformation: You may not use the Service to create content with the intent to deceive, defraud, or mislead anyone. This includes generating content for phishing, impersonation of others (without parody/satire protections), deepfakes of private individuals or public figures for malicious purposes, or any fraudulent activity. You agree not to misrepresent the nature or origin of generated content. For example, you should not present AI-generated outputs as human-created when it is likely to cause confusion or harm.
• Political and Election Use: You may not use the Service to generate content for political campaigning or to attempt to influence the outcome of an election. Political figures and scenarios can be sensitive; any use of the Service in a political context must comply with all laws and platform guidelines and not be misleading or manipulative.
• Spam and Advertising: Do not use the Service to transmit any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation. The Service should not be used to harvest contact information or send mass communications without consent.
• Interference and Misuse: You will not interfere with or disrupt the integrity or performance of the Service or the data contained therein. This means you must not attempt to hack, DDOS, overload (“flood”), or disrupt the Service for others. Avoid any activity that could harm or place an unreasonable burden on our infrastructure. You are prohibited from using any automated means (such as scripts, bots, or scrapers) to access or use the Service, except as allowed through our official API and tools.
• Reverse Engineering and Competitive Use: You may not reverse engineer, decompile, or attempt to extract the source code or underlying models of any part of the Service. Also, you must not use the Service to develop, train, or improve any competing product or service. Access to the Service is provided for your direct use only – you may not resell, redistribute, or provide third parties with unauthorized access to our Service or content.
• Content Sharing: If the Service allows you to share or publish content (e.g., in a community gallery or forum), you agree to follow any additional Community Guidelines provided. Do not post others’ content created on ImagineArt without their permission, and do not falsely claim authorship of output that is not yours. Respect other users and do not harass or abuse others in any community interaction.

We reserve the right (but do not assume the obligation) to monitor use of the Service and content to ensure compliance with these Terms and applicable law. ImagineArt, in its sole discretion, may refuse to process any input or may block or remove any content (including generated outputs) that we believe violates these Terms or our policies, or that is otherwise objectionable. We may use a combination of automated filters and human review to achieve this. You understand that using our AI generation tools may occasionally produce unintended or inappropriate results, and you agree to use your best judgment and to notify us of any serious issues.

If you become aware of any misuse of the Service or any content that you believe violates these Terms, please report it to us through the designated channels (by contacting support). All reports should be made in good faith and include as much detail as possible. We will review reports and take actions we deem appropriate, which may include content removal, user warnings, or account suspension.

Violation of this Acceptable Use Policy may result in suspension or termination of your account, removal of content, and/or other legal action where appropriate. We have a zero-tolerance policy for egregious abuses. ImagineArt reserves the right to immediately suspend or ban your access to the Service at any time, with or without notice, for any conduct that we determine, in our sole discretion, is objectionable or in violation of these Terms, or which exposes us or others to risk of harm or liability. Repeated violators or those committing severe offenses may be permanently banned from the Service. We may also cooperate with law enforcement and report unlawful conduct.

6. User Content and Intellectual Property Rights

6.1 Your Inputs and Outputs

User-Provided Content (Inputs): In the course of using ImagineArt, you may provide text prompts, images, audio, video, or other materials as input (“Input”) to the AI models. You might also upload content such as profile information, comments, or other media. You affirm that you either own all rights to any Input you provide, or that you have obtained all necessary permissions, licenses, and consents from any applicable rights holders (such as photographers, authors, performers, or data subjects) to use that Input with the Service. Responsibility: You remain solely responsible for any Input you provide and for any Output generated from your Input. This means you must ensure your Inputs (and the resulting Outputs) do not violate any laws or anyone’s rights, and are not subject to any third-party confidentiality or contractual obligations. If you upload or provide content that includes third-party intellectual property (for example, uploading an image or audio clip you did not create), you must have the legal right to do so. By providing any Input, you represent and warrant that doing so, and the resulting generation, will not infringe or misappropriate the rights of any third party, and that you have complied with all relevant license requirements.

You acknowledge that ImagineArt owns all rights, title, and interest in the Services, including the platform, underlying technologies, and all content generated through the platform, except for the Outputs for which we grant you a license.

Personal vs. Commercial Use: If you are on a free or trial plan, your use of Outputs may be limited to non-commercial, personal purposes unless otherwise explicitly permitted. Paid subscribers (or those with a proper commercial license or subscription) are allowed to use the Outputs for commercial purposes, such as in business projects, products, or content monetization. Regardless of free or paid status, all use of Outputs must adhere to the Acceptable Use rules in Section 5 and any applicable law. (For example, even a paid user cannot use an Output in a way that infringes someone’s copyright or violates content restrictions.) We do not restrict your right to monetize or otherwise exploit your own Outputs, so long as you comply with these Terms.

You are solely responsible for how you use and distribute Outputs. If an Output inadvertently resembles or incorporates someone else’s content, you may need permission from that party to use it. We encourage you to review Outputs, especially for commercial projects, to ensure they can be safely used. ImagineArt will not be liable for claims arising from your use of the Outputs, and you agree to use them at your own risk.

6.2 License to ImagineArt (for Operation and Improvement of the Service)

Service Operation: When you use the Service, the processing of your Inputs and generation of Outputs necessarily involves copies of and modifications to your content (e.g., our systems may multiply, transform, or analyze your Input to generate results). Subject to any applicable account settings you select, you grant ImagineArt a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable license (including any moral rights) to host, use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, in whole or in part, Your Content for the purpose of operating and providing the Services to you and other registered users. This license includes the right to use Your Content to improve, promote, and enhance ImagineArt’s platform and Services.

Optional AI Training Usage: ImagineArt gives you control over whether your Inputs and Outputs may be used to further train or improve our AI models. By default, ImagineArt will not use your personal content for AI model training without your consent.

Public Content Sharing: If you explicitly publish or share your content in a public area of the Service (for example, by posting in a public gallery or community forum within ImagineArt), you allow other users to view and use your shared content. In such cases, you also grant ImagineArt a license to make that content available to others as part of the community. For instance, if a community gallery allows remixing of images, you permit other ImagineArt users to remix or build upon the images you post there. We will clearly indicate which areas are public. If you prefer to keep your generations private, use the appropriate settings or refrain from posting them publicly. ImagineArt is not responsible for what other users do with content you choose to make public.

Feedback: If you provide feedback, suggestions, or ideas regarding ImagineArt (“Feedback”), you agree that we are free to use or not use such Feedback in any manner, and you grant us a perpetual, sublicensable, worldwide, royalty-free license to incorporate and use your Feedback for any purpose, without any obligation to compensate you. Providing Feedback is entirely voluntary and will not create any confidentiality obligation.

6.3 ImagineArt’s Intellectual Property

Our Property: Except for your own content, all right, title, and interest in and to the Service and its components are and will remain the exclusive property of ImagineArt and/or our licensors. This includes, but is not limited to, all software, algorithms and AI models, code, design, user interfaces, trademarks (“ImagineArt” and associated logos), content provided by us (such as sample images or text), and the compilation of all materials on the Service. The Service is protected by copyright, trade secret, trademark, and other intellectual property laws.

License to Use the Service: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes. You may not use ImagineArt’s name, logos, or trademarks without our prior written consent, except as necessary to attribute the source of generated content or as permitted under fair use or other applicable laws.

Restrictions: You agree not to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, or exploit any portion of our Service except as expressly allowed by these Terms. You shall not remove or obscure any copyright, trademark, or other proprietary rights notices on the Service or on any content delivered to you. All rights not expressly granted to you are reserved by ImagineArt. We welcome you to use ImagineArt’s tools, but please respect our intellectual property in how they are implemented.

Third-Party Software and Models: If the Service includes any third-party software or open source components, such components may be subject to separate license terms, which will be provided to you. We also use or provide access to certain third-party AI models or services; your use of those may be subject to additional terms or license requirements, which will be communicated when applicable.

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, disclose, and safeguard your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy. In summary, and not to limit the details in that policy, note the following:

• Personal Data: We will process certain personal data from you (such as account information, usage data, and any personal data contained in your Inputs or Outputs) in order to provide and improve the Service, to handle billing, and for other legitimate business purposes (like preventing abuse and complying with law).
• GDPR and EU Users: If you are in the European Economic Area (EEA), United Kingdom, or a similar jurisdiction with comprehensive data protection laws, you have specific rights regarding your personal data (such as rights to access, correction, deletion, and objection). ImagineArt is committed to compliance with the General Data Protection Regulation (GDPR) and relevant laws. We will only process your personal data on a valid legal basis, such as your consent or our legitimate interests, and we have implemented measures to safeguard your data. You can learn more in our Privacy Policy and can contact us with any privacy-related questions or requests.
• Data Security: We employ administrative, technical, and physical security measures to protect your information. However, no system is perfectly secure; you acknowledge that you provide information at your own risk. Notify us immediately if you discover any security vulnerabilities or suspect any unauthorized access to your account.
• Data Retention: We retain personal data and content for as long as necessary to fulfill the purposes for which it was collected, or as required by law. If you delete your account or certain content, we will delete or de-identify the related data, except to the extent we are permitted or required to retain it (for example, for legal compliance, dispute resolution, or backups).

If there is a conflict between these Terms and the Privacy Policy with respect to personal data practices, the Privacy Policy will govern. Remember that any content you voluntarily make public (such as in a community forum) is not private and may be seen or used by others; only share what you are comfortable being public.

8. Copyright and Intellectual Property Complaints

ImagineArt respects the intellectual property rights of others and expects our users to do the same. If you believe that any content on the Service infringes your copyright (or other intellectual property rights), please notify us promptly in writing. We have implemented procedures for receiving and addressing such complaints in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

DMCA Takedown Notices: A notification of claimed copyright infringement must be sent to our designated Support Email at:

Attn: Support – ImagineArt
[Mailing Address]
Email: support@imagine.art

Your notice must include the following information (please see 17 U.S.C. §512(c)(3) for further detail):

1. Identification of the copyrighted work you believe has been infringed (or a representative list of such works if the notice covers multiple).
2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service (e.g., a URL or screenshot).
3. Your contact information – including your name, mailing address, telephone number, and email – so we can reach you.
4. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner of the copyright (or an agent authorized to act on the owner’s behalf).
6. Your physical or electronic signature (typing your full name at the end of your notice will suffice as an electronic signature).

If your notice does not substantially comply with these requirements, it may not be processed. Upon receipt of a valid notice, we will expeditiously investigate and, if appropriate, remove or disable access to the allegedly infringing material. We may notify the user who posted the content (if applicable) and provide them an opportunity to submit a counter-notification.

Counter-Notifications: If you believe your content was removed or disabled by mistake or misidentification, you may send us a counter-notice. A valid counter-notification should include: (a) identification of the material that was removed and where it appeared, (b) a statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification, (c) your contact information.

Repeat Infringers: In accordance with the DMCA and other applicable law, ImagineArt has a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers of others’ copyrights or other intellectual property rights. If a user repeatedly uploads or posts infringing material, we may suspend or delete their account at our discretion. We also reserve the right to limit access to the Service or take other appropriate action against any user who infringes intellectual property rights, even for a first offense.

Trademark Complaints: If you believe someone’s use of a trademark on our Service is infringing or violates your rights, you may report it to support@imagine.art. Please provide details of the trademark, the offending use, and proof of your rights in the mark. We will review and take appropriate action under applicable trademark laws.

9. Disclaimers of Warranties

As-Is Service: ImagineArt and all of its services, information, and content are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, ImagineArt disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance. We do not guarantee that the Service will meet your requirements or expectations, that it will be available on an uninterrupted, secure, or error-free basis, or that the results obtained from its use (including any Outputs) will be accurate, reliable, or suitable for your purposes.

Outputs and Content: You understand that using an AI generative service involves probabilistic outputs that may not always be appropriate or correct. Use at Your Own Risk: Any content generated, downloaded, or otherwise obtained through ImagineArt is used at your own discretion and risk. You are solely responsible for any harm to your computer system, loss of data, or other damage that results from your use of the Service or any content (Inputs or Outputs). ImagineArt makes no warranty that the AI-generated content will be free of objectionable material or errors. We also do not warrant that our filters or safeguards will catch all prohibited content or perfectly meet your sensitivity expectations.

Third-Party Content & Services: ImagineArt may allow you to access or use third-party services or content through the platform. We do not control or endorse third-party content and disclaim any liability for such content. Any third-party services or content are subject to the terms and privacy policies of those third parties, not these Terms.

No Guarantee of Data Integrity: While we try to preserve your content, we do not guarantee that your Inputs or Outputs will be stored or retrievable forever. You are encouraged to keep backups of important Outputs on your own. We are not responsible for any loss or corruption of data or content.

No Advice or Information: No advice or information, whether oral or written, obtained from ImagineArt or through the Service shall create any warranty not expressly stated in these Terms.

Exceptions: In certain jurisdictions, the law may not permit the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In such case, ImagineArt’s warranties shall be limited to the minimum extent required by law.

10. Limitation of Liability

Indirect Damages: To the fullest extent permitted by law, in no event will ImagineArt or its affiliates, officers, employees, agents, partners, or licensors be liable to you for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenues, goodwill, data, or other intangible losses, arising out of or related to your access to or use of (or inability to use) the Service or any content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and even if ImagineArt has been advised of the possibility of such damages.

Cap on Liability: To the extent not prohibited by law, ImagineArt’s total cumulative liability to you for any claims arising out of or related to these Terms or the Service will not exceed the amount you have paid to ImagineArt for the Service in the twelve (12) months immediately preceding the event giving rise to liability (or, if no fees have been paid, $100 USD). This limitation applies to all causes of action in the aggregate.

User Content and Use: You are solely responsible for your use of the Service and any content you create or publish using the Service. You acknowledge that AI-generated outputs may be unpredictable, and you assume all risk for any actions you take based on the outputs. We will not be liable for any dispute between you and any third party (for example, if you believe someone else’s output is similar to yours, or if someone claims your output infringes their rights). Any such dispute must be resolved between the parties involved, and you release ImagineArt from any claims or liability arising out of third-party actions or content.

No Liability for Certain Types of Claims: Some jurisdictions do not allow exclusion or limitation of certain damages or liability (such as in the case of intentional misconduct or gross negligence, or for death or personal injury caused by negligence, or breach of statutory duty). In those jurisdictions, ImagineArt’s liability will be limited to the greatest extent permitted by law. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law.

11. Dispute Resolution and Governing Law

If a dispute, controversy, or claim arises out of or relates to these Terms (“Dispute”), it will be resolved through binding arbitration rather than in court.

Both parties agree to first attempt, in good faith, to resolve any Dispute within thirty (30) days from when it arises. If the Dispute cannot be resolved within this period, it will be settled by binding arbitration before a single, neutral arbitrator mutually selected by the parties. The arbitration will be conducted in English, in Newcastle County, Delaware, United States.

By agreeing to arbitration, both you and Imagine Art knowingly and irrevocably waive the right to a trial by jury in any legal action, proceeding, or counterclaim, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its rights while arbitration is pending. The arbitrator may also award equitable or injunctive relief consistent with these Terms.

The arbitrator’s decision will be final and binding on both parties, and judgment on the award may be entered and enforced in any court with proper jurisdiction.

Each party will be responsible for its own attorneys’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

These Terms are governed by and will be construed in accordance with the laws of the State of Delaware ****, USA, without regard to conflict of laws principles.

12. Indemnification

You agree to defend, indemnify, and hold harmless ImagineArt, its parent company, affiliates, and their respective officers, directors, employees, and agents (the “ImagineArt Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content (Inputs or Outputs) and your use of the Service; (b) your breach or alleged breach of these Terms; (c) your violation of any applicable law or regulation in connection with your use of the Service; or (d) your infringement or violation of any intellectual property, privacy, or other rights of any third party. This means you will pay all amounts another party claims from or against the ImagineArt Parties, as well as any expenses incurred by the ImagineArt Parties, resulting from your actions or content, to the extent such claims are caused by you.

ImagineArt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of that claim. You must not settle any such claim without our prior written consent if the settlement requires you to admit any liability or to pay any money or otherwise affects our rights. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Exceptions: You are not required to indemnify the ImagineArt Parties to the extent the claim arises from our own gross negligence, wilful misconduct, or fraud, or other liability that by law cannot be imposed on you. The indemnification obligations will survive any termination of your account or these Terms.

13. Termination and Suspension

By You: You may stop using the Service at any time. You may also delete your account at any time through your account settings or by contacting us (subject to account verification). Termination of your account will be effective once processed (it will take 7 days to process).

By ImagineArt: We may suspend or terminate your access to the Service (or certain features of the Service), or terminate these Terms as they apply to you, at any time for any reason, with or without notice. For example, we may do so if you violate these Terms, if we discontinue the Service (in whole or part), or if your use of the Service creates risk for us or for other users, or is unlawful. In most cases of minor violations, we will attempt to warn you and/or work with you to remedy the issue; however, we are not required to provide notice or an opportunity to cure before termination, especially for serious violations or repeat offenders. We also reserve the right to terminate accounts that have been inactive for an extended period or that were registered with throwaway email addresses, to free up resources.

Effect of Termination: Upon any termination of your account or these Terms: (a) the rights and licenses granted to you hereunder will immediately end; (b) you must stop using the Service and, if applicable, delete any software or applications provided to you as part of the Service; and (c) any user content or data associated with your account may no longer be accessible to you (we are not obligated to provide copies of your Outputs or data post-termination, so please ensure you save any important content beforehand). However, termination does not automatically delete content you have made public (for example, content you contributed to a public gallery or shared with others may remain accessible by those users). Sections of these Terms which by their nature should survive termination (such as indemnification, disclaimers, limitation of liability, content licenses granted to ImagineArt (to the extent necessary for ongoing rights), dispute resolution, etc.) will survive.

If your account was terminated by us due to a violation of these Terms or law, you are not entitled to create a new account to use the Service. We may prevent you from re-registering (for example, by blocking your email or IP address). If you believe your account was wrongfully suspended or terminated, you may contact us to appeal, though we make no guarantee of reinstatement.

Data after Termination: We will handle personal data following account deletion in accordance with our Privacy Policy. We may retain certain information as required by law or for legitimate business purposes (such as records of payments or communications). Any licenses you granted to ImagineArt to use your content (per Section 6.2) will survive as described therein (for example, content used for AI training with your opt-in may continue to be used to improve models, and public posts remain visible to others).

14. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service (“Dispute”) will be governed by and construed in accordance with the laws of the State of Delaware, United States without regard to its conflict of law principles, except as may be otherwise provided in the Dispute Resolution section below (for example, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement) or in supplemental terms for specific jurisdictions. If you reside outside of the United States, nothing in this governing law section has the effect of depriving you of the protections of consumer laws in your own country of residence which, by law, cannot be waived or overridden by contract. In such cases, you will retain the benefit of any mandatory provisions of the laws of your country of residence.

15. Updates to These Terms

ImagineArt may modify or update these Terms from time to time. If we make material changes, we will notify you by reasonable means, such as by posting the updated Terms on our website (with a new “Last updated” date at the top), and/or by sending a notice to the email address associated with your account. Please review any changes carefully. Unless we state otherwise, changes are effective immediately upon posting. By continuing to use the Service after updated Terms are in effect, you agree to be bound by the revised Terms. If you do not agree to any update, you must stop using the Service and, if applicable, cancel your subscription. We encourage you to periodically review the Terms to stay informed of any changes.

For changes that are necessary to comply with law or for any urgent security, legal, or regulatory reasons, we may not be able to provide advance notice, but will still post the updated Terms and indicate the changes.

16. Miscellaneous

• Entire Agreement: These Terms, together with any Supplemental Terms and our Privacy Policy, constitute the entire agreement between you and ImagineArt regarding the Service and supersede all prior agreements or understandings relating to the Service. Any additional or different terms proposed by you (for example, in a purchase order or email) are hereby rejected and will not apply unless expressly agreed to in writing by an authorized representative of ImagineArt.
• No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If we do expressly waive any provision of these Terms, such waiver is limited to the specific instance and context and does not constitute a continuing waiver.
• Severability: In the event that any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
• No Agency: You and ImagineArt are independent contractors, and these Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between us. Neither party has the authority to bind the other or incur obligations on the other’s behalf without prior written consent.
• No Third-Party Beneficiaries: These Terms are for the benefit of you and ImagineArt (and our successors and permitted assigns). Except as expressly provided, they are not intended to confer any rights or remedies on any third party. For example, no third party can enforce any provision of these Terms under any legal theory.
• Assignment: You may not assign or transfer these Terms or your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without consent is void. ImagineArt may freely assign or transfer these Terms (for example, in the event of a merger, acquisition, sale of assets, or by operation of law) without notice or consent. These Terms are binding on and will inure to the benefit of each party’s permitted successors and assigns.
• Force Majeure: Neither ImagineArt nor you will be liable for any delay or failure to perform any obligation under these Terms (except payment obligations) if the delay or failure is due to unforeseen events beyond the reasonable control of the party, such as acts of God, natural disasters, war, terrorism, riots, embargoes, internet or telecommunications outages, government orders, or other force majeure event. The affected party shall use reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as practicable.
• Notices: ImagineArt may provide notices or communications to you via email, through your account, by posting on our website, or via other electronic means. You consent to receive electronic communications and you agree that any such notices satisfy any legal requirement that such communications be in writing. If you need to give notice to us, you must do so in writing via email to [support@imagineart.com] or via registered mail to our mailing address (see Section 8 for DMCA notices, and our website for general contact information).
• Headings and Interpretation: The section titles in these Terms are for convenience only and have no legal or contractual effect. Words like “including” and “for example” are deemed to be followed by “without limitation.” These Terms were drafted in English, and to the extent any translated version conflicts with the English version, the English version controls.

If you have any questions or concerns about these Terms or the Service, please contact us at [support@imagine.art]. By using ImagineArt, you acknowledge that you have read and agree to these Terms. Thank you for reading, and we hope you enjoy creating with ImagineArt!