Introduction, Overview, and Your Agreement
These terms of service (and any other terms or information incorporated into them by reference) (collectively the “Terms”) govern your access and use of AiImageGenerator.com (the “Services”).
The Services are provided by Amizoa Limited (“AiImageGenerator.com,” ”we,” or “us”) to provide creative generative tools for our users to express their creativity to produce user-generated images from text prompts (“Content”). The Services use an artificial intelligence (“AI”) tool to generate this Content. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for your use of the Services, including your text prompts, generation of Content, and the consequences of your Content Sharing (as defined below).
By clicking “Yes,” or visiting/using the using the website, you are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services and any use would be wholly unauthorized and in violation of these Terms.
Who can use AiImageGenerator.com
You can only use AiImageGenerator.com if you can legally form a binding contract with AiImageGenerator.com, and only in compliance with these Terms and all applicable laws. When you create your AiImageGenerator.com account, you must provide us with accurate and complete information. You can’t use AiImageGenerator.com if it would be prohibited by US sanctions. Any use or access by anyone under the age of 18 is not allowed. If you’re based in the EEA, you can only use AiImageGenerator.com if you are over the age at which you can provide consent to data processing under the laws of your country. Using AiImageGenerator.com may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Our license to you
Subject to these Terms and our policies (including our Community Guidelines ), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service.
Your participation as a valued member in our user community is crucial in shaping an extraordinary platform that fosters the creation of awe-inspiring Content. We refer to your input as “near-boundless” creativity, highlighting that while your imagination is limitless, its expression must be safe, lawful, and in line with these Terms. It’s important that you understand our expectations of you, and how we may react if these expectations aren’t met. The Community Guidelines govern your Content and the use of our Services, encompassing all aspects of Content Sharing (defined below). We recommend a careful reading of these guidelines.
Your interaction with our Services is governed by the Creative ML OpenRAIL-M license (available at https://huggingface.co/spaces/CompVis/stable-diffusion-license) (the “License”). We urge you to familiarize yourself with and abide by the License’s terms.
Kindly refrain from any activities listed under “Prohibited Uses” when using the Services.
Before initiating any form of Content Sharing – be it generating, posting, publishing, or other means of dissemination, it’s vital that you contemplate the possible physical, emotional, psychological, financial, and reputational repercussions it may have on others. Content that you find acceptable, harmless, satirical, artistic, or humorous may be seen as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to others.
- Foster kindness and respect: Treat each other and staff members with courtesy. Refrain from creating images or utilizing text prompts that are disrespectful, aggressive, or abusive. Any form of violence or harassment will not be tolerated.
- No explicit or violent content: Refrain from generating visually shocking or unsettling content, including adult content or gore. Some text inputs will be automatically blocked to maintain this standard.
- Respect the creativity of others: Do not repost the creations, comments, accounts of others publicly without obtaining their consent first.
- No political campaigning: The Services should not be used to generate images for political campaigns or to influence election outcomes.
- Mindful sharing: While you’re encouraged to share your creations beyond the AiImageGenerator.com community, please consider the potential reactions of others when doing so.
- Consequences of rule violations: Any breach of these guidelines may result in bans from our services. We reserve the right to maintain decorum and enforce these rules – we are not a democracy. Display respectful behavior or risk losing your privileges to use the Service.
ANY VIOLATION OF THESE TERMS (INCLUDING THE COMMUNITY GUIDELINES) MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING A PERMANENT BAN AND YOU WILL FORFEIT ANY REMAINING CREDITS AND FEES PAID FOR THE SERVICES). WE MAY CHANGE THE SERVICES IN OUR SOLE DISCRETION. WE WILL ENDEAVOR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE TO YOU, BUT MAY DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH LAW, PROTECT OR ENFORCE LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY. IF WE DISABLE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON BASED ON YOUR CONDUCT, YOU MAY NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO DISABLE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE. SUSPENSION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES WILL NOT TERMINATE AIIMAGEGENERATOR.COM’S RIGHTS TO YOUR CONTENT.
Without limiting the foregoing, you acknowledge and agree that AiImageGenerator.com may preserve your text prompts and Content and may also disclose your text prompts and Content if required to do so by law or in AiImageGenerator.com’s good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AiImageGenerator.com, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.
We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:
Violate these Terms, the License, or other policies applicable to the Services;
- Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person;
- Violate the privacy, publicity, or other rights of any third party;
- Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
- Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
- Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
- Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm; Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
- Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
- Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
- Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services;
- Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by AiImageGenerator.com to you through the Services;
- Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
- Attempt to do any of the above.
- The Services may block certain text prompts and blur resulting Content if we find (in our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.
Ownership of Content; AiImageGenerator.com Use of Content
As between you and AiImageGenerator.com, you own the Content that you generate using the Services to the extent permitted by applicable law.
With respect to images you upload or generate to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.
By using the Services, you agree that AiImageGenerator.com and our affiliates may use, store, and improve upon the Content you generate using the Services. This includes the preservation of your Content and associated metadata (i.e., image specifications, seeds, and text prompts) in a “history” section of your account for your ease of browsing and retrieval of previously generated Content. You hereby grant to AiImageGenerator.com its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the text and image prompts you input into the Services, or Assets produced by the service at your direction. Nothing in these Terms restricts other legal rights AiImageGenerator.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in AiImageGenerator.com, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines or any other policies. This license is in effect regardless of the termination of this Agreement by any party, for any reason.
AiImageGenerator.com operates as an open community where your images and prompts may be used and remixed by others when shared in a public setting. By default, your images are accessible and open to regeneration or modification by the public, in accordance with the license you granted to AiImageGenerator.com as outlined above. If you choose to upgrade to a paid plan, you will have the ability to modify some of these default public sharing settings.
If you have procured the paid subscription or through a previously available add-on, we commit to doing our utmost to prevent the publication of any Assets you create when you have activated the paid mode within our Services.
Be cognizant that any image you create in a communal or open setting is visible to all participants of the website regardless of the activation status of paid mode.
Generating and Posting content
AiImageGenerator.com allows you to generate or post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on AiImageGenerator.com is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you generate or post to AiImageGenerator.com.
How long we keep your content for
Following termination or deactivation of your account, or if you remove any User Content from AiImageGegenrator.com, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes. AiImageGenerator.com and its users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared on AiImageGenerator.com.
We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to AiImageGenerator.com is not confidential and that AiImageGenerator.com and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.
AiImageGenerator.com has adopted and implemented the AiImageGenerator.com Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws.
AiImageGenerator.com respects the intellectual property rights of others and we expect people on AiImageGenerator.com to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.
In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on AiImageGenerator.com that are reported to our designated copyright agent, identified below.
DMCA Copyright Infringement Notice
AiImageGenerator.com utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected] and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on AiImageGenerator.com is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material.
Before serving a Notice of Infringement Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.
AiImageGenerator.com holds the intellectual property rights of others in high regard. If you find that material present or linked to our Services infringes upon your copyright or trademark, please submit a notice of claimed infringement to [email protected]. Please use the subject line “Takedown Request” and include the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work (or mark) that you believe has been infringed or, if the claim involves multiple works, a representative list of such works.
- Precise and detailed identification of the material you believe is infringing to allow us to locate that material.
- Sufficient contact information, including your name, postal address, telephone number, and email address, if available.
- A statement expressing your good faith belief that the use of the copyrighted material is unauthorized by the copyright owner, its agent, or the law.
- A declaration that the information in the notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- If the copyright owner’s rights arise under laws of a country other than the United States, please specify that country.
You can also send notices containing the necessary information to:
Amizoa Limited 1 Rosemont Road, London, NW3 6NG
Email: [email protected]
Upon receiving a notice that adheres to the above, we reserve the right to remove or disable access to the alleged infringing material, notify the accused party, and suspend access to the Services for any user who repeatedly infringes.
Be advised that knowingly misrepresenting that material or activity on the Services infringes your copyright may make you liable for damages, including costs and solicitor’s fees, under Section 512(f) of the DMCA.
If you believe that material was mistakenly removed or access to it was disabled, you can file a counter-notification by submitting written notification to our designated copyright agent. The notification should include the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or access disabled.
- Sufficient contact information, including your name, postal address, telephone number, and email address, if available.
- A statement under penalty of perjury that you have a good faith belief that the removal or disabling of the material was a mistake or misidentification.
- A statement that you will consent to the jurisdiction of the Federal District Court for the district where your address is located (or if outside the United States, for any judicial district in which the Services may be found) and that you will accept service from the person (or their agent) who submitted the original complaint to us.
Our designated agent to receive counter-notices is the same as shown above.
The DMCA allows us to restore the removed content within 10-14 business days unless the party that submitted the original complaint initiates a court action against you during that period and notifies us.
Please note, if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
What if I get a copyright complaint (DMCA) notification?
If you’ve gotten a notification that one of your content has been removed for a copyright complaint, it means the content owner asked us to remove it. If you want us to forward the information from the copyright complaint notification, just email us at [email protected] to let us know (we may remove some personal contact information).
If your account gets too many copyright complaints, you could lose the ability to generate images and save images, or we may disable your account altogether.
Termination of Repeat Infringers
We will terminate or disable your use of the Services in appropriate circumstances if you are deemed by us to be a repeat copyright infringer. If you think we made a mistake removing your content, you can file a counter-notice. When we get a valid counter-notice, we’ll remove the complaint from your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed the content in error, and that you understand the repercussions of submitting a false claim.
THE SERVICES AND ALL THE CONTENT ON AIIMAGEGENERATOR.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES OR CONTENT, AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AIIMAGEGENERATOR.COM MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
AiImageGenerator.com specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
AiImageGenerator.com takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
If you’re a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
The AI models employed in our Service are complex and we do not have direct control over the images they generate. Consequently, the Site has no influence on the output of these models. The images generated may not always match intended or expected results, and we disclaim any responsibility or liability in connection with such unintended images or results. AiImageGenerator.com takes no responsibility and assumes no liability for the images generated by the AI models on the Site. Users of the Site accept full responsibility for any and all consequences resulting from the use of generated images.
AiImageGenerator.com reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AiImageGenerator.com or its related companies will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the “Limitation of Liability” section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.
Use at Your Own Risk
Users agree to use the Site and the Service at their own risk. AiImageGenerator.com cannot guarantee the quality, accuracy, or appropriateness of images produced by the AI models, and does not endorse any generated images.
The Site reserves the right, at its sole discretion, to modify or replace this Disclaimer at any time. By continuing to access or use our Service after any such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AIIMAGEGENERQATOR.COM NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIIMAGEGENERATOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL AIIMAGEGENERATOR.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If we cause damage to you and you are a consumer in the EEA, the above does not apply. Instead, AiImageGenerator.com’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. AiImageGenerator.com is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
Resolution of Disputes via Binding Arbitration
PLEASE REVIEW THIS SECTION WITH DUE DILIGENCE AS IT PERTAINS TO YOUR LEGAL RIGHTS.
- Arbitration Agreement: This section, referred to as the “Arbitration Agreement,” details the agreement between you and AiImageGenerator.com to resolve any arising or future disputes, claims, or demands (“Claims”) through exclusive final and binding arbitration before a neutral party. Such disputes may result from these Terms, the Services, or any other aspect of our interactions. This resolution method replaces traditional court proceedings with a judge or jury. However, both parties may choose to present individual Claims to a small claims court, if appropriate. It also doesn’t stop you from approaching federal, state, or local agencies to seek relief if law permits. By agreeing to these Terms, both parties forgo the right to a jury trial or to partake in a class action. The Federal Arbitration Act governs this Arbitration Agreement.
- Class and Representative Actions Restriction: BOTH PARTIES AGREE THAT CLAIMS CAN ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE LAWSUIT OR PROCEEDING.
- Pre-Arbitration Dispute Resolution: Before commencing arbitration or any suit in small claims court, each party is required to send the other a written notice of Claim (“Notice”). Notices should be sent to [email protected]. with a paper copy to: Amizoa Limited, 1 Rosemont Road, London, NW3 6NG. We will send your Notice to the email on your AiImageGenerator.com account. The Notice should describe the nature of the Claim and detail the specific relief sought. Both parties agree to try to settle the Claim through informal negotiation within sixty (60) calendar days from the date the Notice is received. If no resolution is achieved within this period, either party may commence arbitration proceedings. London courts may grant injunctions to enforce this paragraph’s pre-filing requirements, including stopping arbitration started in violation of this paragraph.
- Arbitration Procedures: The parties agree that any dispute, claim, or controversy arising out of or relating to the use of the Website or these Terms and Conditions shall be resolved exclusively through binding arbitration. Arbitration shall be conducted in accordance with the rules of the United Kingdom Arbitration Act, as applicable, and under the auspices of a mutually agreed-upon arbitration body or organization. The arbitration proceedings shall be held in the United Kingdom, unless otherwise agreed upon by the parties. The language of the arbitration shall be English.
- Small Claims Court: Subject to jurisdictional requirements, either party may opt to bring a Claim in a local small claims court instead of through arbitration, provided the case stays in the small claims court and proceeds solely on an individual basis.
- Confidentiality: All parties agree to maintain the confidentiality of the arbitration process and outcome and to not disclose any information related to the arbitration without the prior written consent of the other party, except as needed to enforce or challenge the arbitration award in a court or as otherwise required by law.
- Opt Out: If you wish to reject this Arbitration Agreement, you must send an opt-out notice (“Opt Out”) to the AiImageGenerator.com Notice Address within thirty (30) days of creating your AiImageGenerator.com account. The Opt Out must include your name, phone number, and the email you used for the Services. This is the only way to opt out of the Arbitration Agreement. Opting out will not affect any other part of these Terms or any other or future agreement you may make to arbitrate with us.
- Severability: If any term of this Arbitration Agreement is ruled invalid or unenforceable by a court or the arbitrator, the parties agree to replace that term with one that is valid and enforceable and most closely reflects the original intent. If a court or arbitrator decides the provisions prohibiting Class and Representative Actions and Non-Individualized Relief are invalid or unenforceable, this entire Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The rest of these Terms will continue to apply.
- Choice of Law: These Terms and Conditions, and any dispute, claim, or controversy arising out of or relating to the use of the Website, shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.
- All and any Claims shall be ruled by the Arbitration Act 1996, and the internal substantive laws of England and Wales in every respect, irrespective of the jurisdiction or forum in which the user is domiciled, resides, or is located at the time of such access or use. Unless specified in the Arbitration Agreement, all Claims will be brought in the courts situated in London, England, and you and AiImageGenerator.com each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of these courts. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.
- A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We care about the security of our users. While we work to protect the security of your content and account, AiImageGenerator.com can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Third-party links, sites and services
AiImageGenerator.com may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by AiImageGenerator.com. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from AiImageGenerator.com, you do so at your own risk and you agree that AiImageGenerator.com has no liability arising from your use of or access to any third-party websites, services or content.
Fees and Payments
AiImageGenerator.com provides both free and premium services. Detailed information about our paid subscription options is available here. Subscriptions can be purchased on a monthly basis, charged in U.S. dollars, and auto-renew every month. You may discontinue the Service and cancel your subscription at any moment via the website or by reaching out to us at [email protected]. Please note that we do not provide refunds or credits for any billing or payment that has already occurred upon cancellation. AiImageGenerator.com retains the authority to alter its pricing at any time. Should you have an ongoing subscription, any pricing changes will come into effect at your next renewal or thirty (30) days post notification, whichever occurs later.
Unless specifically indicated, the subscription fees (“Fees”) exclude any federal, state, local, and international taxes, levies, duties, or similar charges (“Taxes”). You are solely responsible for any Taxes associated with your subscription, and we may bill you for such Taxes. You agree to pay these Taxes promptly and provide us with proof of payment or any additional documentation we may reasonably request. If any portion of your Fees is overdue, we may suspend your access to the Services after giving you written notice of late payment.
The Free tier of our Services is restricted to one account per user. If we suspect that you are misusing the Free tier, we reserve the right to apply standard fees or deny access to the Services.
AiImageGenerator.com may terminate or suspend your right to access or use image generation service for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines . Upon termination, you will continue to be bound by terms of AiImageGenerator.com.
If you desire to close your account, please follow the guidelines provided on the Service. Please be aware that any fees already paid are not subject to refund. Upon termination, all rights and permissions granted to you under this Agreement will cease immediately. However, any aspects of this Agreement that are intended to persist beyond termination will continue to be in effect. These include, but are not limited to, warranty disclaimers, indemnity clauses, and limitations of liability.
If you use AiImageGenerator.com, you agree to indemnify and hold harmless Amizoa Limited, their affiliates and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content or your breach of any of these Terms.
Waiver and Severability
If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AiImageGenerator.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement; Construction
These Terms, including the License, contain the entire agreement between you and AiImageGenerator.com regarding your use of the Services and, supersede any prior or contemporaneous agreements, communications, or understandings between you and AiImageGenerator.com on that subject. In the event of any conflict between these Terms and the License, these Terms shall control.
Assignment and Delegation
You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under 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.
All notices to AiImageGenerator.com under these Terms, unless otherwise specified shall be sent to [email protected]. We may notify you using the membership registration information you provided when you signed up to access the Services, including the email address associated with your use of the Services. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.
Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use AiImageGenerator.com once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using AiImageGenerator.com.
- Force Majeure: Neither party will be held responsible for failure or delay in performance due to circumstances beyond their reasonable control. This includes but is not limited to acts of God, natural disasters, acts of terrorism, riots, or war.
- No Agency: This Agreement does not establish any form of agency, partnership, or joint venture between the involved parties.
- Severability: In the event that any portion of this Agreement is deemed invalid, illegal, or unenforceable, the remainder of the Agreement will continue in full effect.
- No Third-Party Beneficiaries: This Agreement does not grant any benefits to any third party unless explicitly stated.
- Survival: Provisions and obligations within this Agreement that would reasonably be expected to continue beyond the termination of this Agreement, particularly those relating to intellectual property and privacy, will indeed survive.