Terms of Service

1. Acceptance of Terms

By accessing or using the Imaginex AI platform ("Service"), operated by Imaginex AI ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years of age, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into these Terms.

2. Description of Service

Imaginex AI is an AI-powered creative studio that provides the following services:

• AI image generation from text prompts using Google Gemini AI models
• Ad copy generation for marketing and advertising campaigns
• Batch export and resizing of images for multiple platforms
• Brand Kit management for maintaining visual consistency
• Social media scheduling and content management
• Image variation generation and creative workflows
• Prompt library and asset management

3. User Accounts

3.1 Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. You may delete your account at any time through the account settings.

4. Subscription Plans and Billing

4.1 Free Plan

The Free plan provides limited access to the Service with 30 credits and up to 3 image generations. No credit card is required for the Free plan. Free plan users receive standard quality downloads (70% JPEG compression).

4.2 Paid Plans

We offer paid subscription plans (Starter, Pro, and Business) with enhanced features and higher usage limits. Paid plans are billed on a monthly or annual basis through our payment processor, Razorpay.

4.3 Credits

Each image generation consumes credits as specified in your plan. Credits are allocated monthly and reset at the beginning of each billing cycle. Unused credits do not roll over to the next billing period unless explicitly stated. Credit top-ups are available for additional purchase and do not expire.

4.4 Pricing Changes

We reserve the right to modify our pricing at any time. Any price changes will be communicated to existing subscribers at least 30 days before taking effect. Continued use of the Service after the price change constitutes acceptance of the new pricing.

4.5 Payment Processing

All payments are processed securely through Razorpay. We do not store your complete payment card information on our servers. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

5. Refund Policy

5.1 Refund Availability

No refund is available on any paid subscription plans or credit top-ups. Once a purchase is made, it is final and non-refundable, except as required by applicable law.

5.2 Technical Issues and Credits

If an image is not generated due to a technical error and your credit has been deducted, you may contact the administrator for resolution. Please provide details of the issue and your account information to support@imaginexai.in.

5.3 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, you will retain access to your paid plan features until the end of your current billing period. No refunds are provided for early cancellation.

6. Intellectual Property and Content Ownership

6.1 Your Content

You retain all rights to the text prompts you submit to the Service ("Input Content"). You grant us a limited, non-exclusive license to process your Input Content solely for the purpose of providing the Service.

6.2 Generated Content

Images and other content generated by the Service using your prompts ("Generated Content") are owned by you, subject to the following:

• You have full commercial rights to use Generated Content for any lawful purpose, including marketing, advertising, social media, print, and web
• You are solely responsible for ensuring that your use of Generated Content does not infringe on the rights of any third party
• We do not claim ownership of your Generated Content
• We may use anonymized and aggregated usage data to improve the Service

6.3 Platform Intellectual Property

The Service, including its original content (excluding user content), features, and functionality, is and will remain the exclusive property of Imaginex AI and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used without our prior written consent.

6.4 AI Model Attribution

The AI image generation capabilities are powered by Google Gemini AI. The use of Google's AI models is subject to Google's terms of service and acceptable use policies.

7. Acceptable Use Policy

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Generate content depicting child sexual abuse material (CSAM) or any form of child exploitation
• Generate content that infringes on intellectual property rights of others, including creating deepfakes of real individuals without their consent
• Generate content intended to deceive, mislead, or defraud others
• Attempt to bypass safety filters, content moderation, or rate limiting mechanisms
• Use the Service for any purpose that violates applicable local, state, national, or international law
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Use automated systems or bots to access the Service in a manner that exceeds reasonable use
• Reverse engineer, decompile, or disassemble any part of the Service
• Share your account credentials with third parties or allow others to access the Service through your account
• Generate content that promotes violence, terrorism, or self-harm
• Generate sexually explicit content involving minors or non-consenting individuals

8. Content Moderation

We reserve the right to review, monitor, and moderate content generated through the Service. We may, at our sole discretion:

• Refuse to generate content that violates our Acceptable Use Policy
• Remove generated content that violates these Terms
• Suspend or terminate accounts that repeatedly violate our policies
• Report illegal content to appropriate law enforcement authorities

The AI models used by the Service include built-in safety filters that may prevent the generation of certain types of content.

9. Data Retention and Storage

Generated images and associated data are retained according to your subscription plan:

• Free plan: 7 days
• Starter plan: 30 days
• Pro plan: 90 days
• Business plan: 1 year

After the retention period, generated content may be automatically deleted from our servers. We recommend downloading and storing copies of any content you wish to retain permanently.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

10.2 AI-Generated Content

AI-generated content may contain inaccuracies, artifacts, or unintended elements. We do not guarantee the accuracy, quality, or suitability of any generated content for any particular purpose. You are responsible for reviewing all generated content before use.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Imaginex AI, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Imaginex AI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms.

14. Severability

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

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Imaginex AI concerning the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: support@imaginexai.in
• Website: imaginexai.in/contact