Terms of Use & End User License Agreement

Effective as of January 23, 2023

Welcome to ReImagine

This ReImagine User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the "Services") provided by ReImagine ("ReImagine", "the Company", "we", "us" or "our"). When you create a ReImagine account, install the app, or use ReImagine, you agree to these terms.

Changes to this Agreement

We reserve the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion. Your continued use of the Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to any changes or modifications to this Agreement, you must stop using the Service. It is your responsibility to regularly review this Agreement to stay informed of any changes.

Privacy

Our Privacy Policy (https://reimagineai.app/privacy.html) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Age Restrictions

The Service is intended for use by individuals who are 18 years of age or older. By using the Service, you represent and warrant that you are 18 years of age or older, or that you have obtained the consent of your parent or legal guardian to use the Service under their supervision. If you are under 18 years of age, you must have your parent or legal guardian review and accept this Agreement and supervise your use of the Service at all times.

If we become aware that an individual under the age of 18 is using the Service without the supervision of a parent or legal guardian, we reserve the right to terminate access to the Service and delete any content created or submitted by that user. We also reserve the right to notify the parent or legal guardian of the minor's unauthorized use of the Service and to cooperate with any legal action taken by the parent or legal guardian to prevent such unauthorized use

General Terms

Entertainment Purposes Only

The Service is intended for entertainment purposes only and is not intended to provide any professional advice or service. The Service is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any use of the Service for any other purpose, including but not limited to commercial use, is strictly prohibited.

Personal Use Only

The Service is for personal use only and you may not use the Service for any commercial or other non-personal purpose.

Avatar Restrictions

The avatar feature provided by the Service may only be used on yourself, or on individuals who have provided express consent and are over the age of 18 years. You are not allowed to use the avatar feature on any person or character that is under the age of 18, or that is protected by copyright or trademark laws without obtaining the necessary permissions. Furthermore, you may not use the avatar feature for any commercial or non-personal purpose. We reserve the right to terminate the account of any user who violates these restrictions and to take any additional legal action as deemed necessary.

User Content

Prohibited Content

Copyrighted Material
You are strictly prohibited from including copyrighted material in your prompts or attempting to replicate copyrighted material. This includes, but is not limited to, copyrighted characters, settings, stories, images, music or any other copyrighted work. Any prompts that violate these rules may be deleted by the Company and you may be permanently banned from using the Service. If you believe that any prompts on the Service infringe on your copyright, please notify us via our support page in accordance with our Copyright Policy.
Underage People and Likeness
You are strictly prohibited from including anyone, character, or underage person likeness in user content. This includes, but is not limited to, photographs, illustrations, or any other depictions of individuals under the age of 18. Any generations or prompts that violate these rules may be deleted by the Company and you may be permanently banned from using the Service. The company will not tolerate any form of child exploitation or abuse and will take appropriate legal action to protect the rights and welfare of minors."
Unsuitable Content
The Company prohibits the posting, uploading, or otherwise transmitting of any content that is sexually explicit or suggestive, violent, or otherwise contains any form of nudity or adult content, also commonly referred to as "NSFW" (Not Safe For Work) content. This includes, but is not limited to, images, videos, text, or any other form of media that is considered offensive or inappropriate. Any content that violates these rules may be deleted by the Company and you may be permanently banned from using the Service. The company will not tolerate any form of sexual harassment or exploitation."

Photos/Generations

By uploading any photos to the Service, you represent and warrant that you have the necessary rights to the photos and that their use by the Service will not infringe upon any intellectual property rights of any third party. You retain ownership rights to any photos uploaded to the Service. However, by uploading photos to the Service, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the photos in connection with the Service. If you have ownership rights of the uploaded photos used to train an AI model, you also granted ownership rights of the AI-generated photos produced by that AI model.

AI Models/AI Avatars

The user retains the right to delete the AI-generated avatar model and request that the Company remove any copies of the model from its servers at any time. The Company will make commercially reasonable efforts to comply with such requests, but cannot guarantee the complete deletion of all copies. The user acknowledges that deletion of the AI-generated avatar model may impact the functionality of the Service. By creating AI Models/AI Avatars to the Service, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the photos in connection with the Service.

Right to Delete User Data

You have the right to request that the Company delete all of your personal data, including but not limited to your profile information, photos uploaded, photos generated, and AI models, from the Service. This functionality is located on the settings page of the application. Additionally, the deletion of user data may impact the functionality of the Service."

Purchases

Subscription

The Service offers an auto-renewing subscription that allows access to various features not available to non-subscribers. The subscription will automatically renew at the end of the subscription period, unless it is cancelled at least 24 hours prior to the renewal date. The cost of the subscription and the subscription period will be provided to you prior to purchasing the subscription. You can manage your subscription and turn off auto-renewal in your account settings. If you cancel the subscription before the end of the current subscription period, your subscription will not be renewed for the next period, but you will retain access to the subscription benefits through the end of the current period. Refunds will not be provided for any partially used subscription periods."

Your Use of the Services

ReImagine grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, app, product, or service.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. Content
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our contact form (https://reimagineai.netlify.app/support.html).

The Services are Available "AS-IS"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ReImagine, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ReImagine DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE ReImagine ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ReImagine ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ReImagine ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ReImagine, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ReImagine ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WE RESERVE THE RIGHT AT ANY TIME TO:

Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
Change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or electronic mail. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your Accounts, status as a moderator, or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms

Miscellaneous
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.