Terms of Service

These Terms of Service are a legally binding agreement between you, whether personally or on behalf of an organisation, and ImagineMonster ("we", "us", "our") about your access to and use of the ImagineMonster website, the AI generators and tools it offers, and every related service (together, the "Services").

By creating an account, buying credits or otherwise using the Services, you confirm that you have read, understood and agreed to be bound by these terms. If you do not agree with all of them, you may not use the Services.

We may change these terms from time to time. The "Last updated" date at the top tells you when they last changed. We will notify you of material changes by posting the new terms here and, where the change affects you significantly, by email. Continuing to use the Services after a change means you accept the changed terms.

The Services are intended for people who are at least 18 years old. By using them you represent that you are 18 or older.

ImagineMonster is an online studio that turns text and reference material into images, video clips, sound, voice-overs and 3D models with the help of artificial intelligence, and that offers editing tools such as upscaling, background removal, relighting, style transfer and vectorisation. You spend credits to run generations and tools; credits are bought through a one-time trial or a subscription plan.

AI-generated results are produced by machine learning models. They can be inaccurate, incomplete, unexpected or unsuitable for your purpose, and two runs with the same input can produce different results. We do not promise that any result will be fit for a particular use, and you are responsible for reviewing anything you make before you rely on it or share it.

The Services may not be available or appropriate in every country. If you access them from outside the jurisdictions where we operate, you do so on your own initiative and you are responsible for complying with your local laws.

Our platform. The Services, including the software, code, designs, interfaces, text, graphics, model configurations, prompts we author, trademarks and logos (the "Content" and the "Marks"), are owned by us or licensed to us and are protected by copyright, trademark and other intellectual property laws. Except as expressly permitted here, no part of the Services may be copied, reproduced, distributed, sold, licensed or otherwise exploited for any commercial purpose without our written permission.

Your licence to use the Services. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access the Services and to use the tools we provide for your personal or business purposes.

Your inputs. You keep all rights you hold in the prompts, photos, videos, audio and other material you upload or type into the Services ("Inputs"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, modify and transmit your Inputs solely to operate, secure and improve the Services, including sending them to the AI models that generate your results.

Your outputs. To the extent permitted by law, we assign to you any rights we may have in the images, videos, audio, 3D files and other results generated for you ("Outputs"), and you may use them for any lawful purpose, including commercially. Because the same or similar Outputs may be generated for other people from similar Inputs, we cannot promise that your Outputs are unique, and rights in them may be limited by the laws that apply to AI-generated work in your country.

Community gallery. If you publish an Output to the community gallery, you grant us and other users a worldwide, non-exclusive, royalty-free licence to display it on the Services, to use its description as inspiration for their own creations, and to show it in previews of the Services. You can withdraw an Output from the gallery at any time, after which it is no longer shown, although copies made by others while it was public are outside our control.

Feedback. Ideas, suggestions and feedback you send us about the Services may be used by us without restriction or compensation.

By using the Services you represent and warrant that:

• the registration information you give us is true, accurate, current and complete, and you will keep it that way;
• you have the legal capacity to enter into these terms and are at least 18 years old;
• you will not access the Services through automated or non-human means, such as bots or scripts, other than the features we provide for that purpose;
• you will not use the Services for any illegal or unauthorised purpose;
• you hold the rights, consents and permissions needed for every Input you upload, including the consent of any identifiable person who appears in it; and
• your use of the Services will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

You must register for an account to use the generators and tools. You can register with an email address and a password, or through a supported identity provider.

You are responsible for keeping your password confidential and for everything that happens under your account. One account is for one person; you may not share your credentials, let anyone else use your account, or use another person's account. Tell us immediately at support@imaginemonster.art if you suspect unauthorised use.

We may reclaim, change or remove a username or display name that we consider inappropriate, obscene, misleading or infringing.

The Services are paid. There is no free tier: new accounts start with a one-time trial purchase, and ongoing use needs a subscription plan. Prices, the number of credits each purchase includes and the credits each generation or tool costs are shown on the pricing page and inside the studio before you run anything.

Payments are taken by our payment processor on pages it hosts. We accept the cards and payment methods shown at checkout. All prices are in US dollars unless stated otherwise, and you are responsible for any taxes that apply to your purchase. You agree to provide current, complete and accurate payment information and to keep it updated.

We may correct pricing errors, even after a payment has been requested or received. We may refuse or limit any order in our sole discretion, including orders that appear to be placed by resellers or by automated means.

Credits. Credits are a licence to use a measured amount of the Services and are not money. They have no cash value, cannot be transferred or sold, and are lost if your account is closed for breach of these terms. Credits are deducted when a job starts and are returned automatically when a job fails on our side. A job that the safety systems decline because of its content is also refunded. A job that succeeds but does not please you is not refunded, because the computation has been spent; try again with a different prompt or settings.

Subscription plans renew automatically at the end of each billing period at the then-current price until you cancel. When a renewal is paid, the plan's credits for the new period are added to your account; credits left over from the previous period roll over for the number of months stated on the pricing page.

You can cancel at any time from your account settings or the billing portal. Cancellation takes effect at the end of the current billing period, you keep access until then, and you are not charged again. Credits you have paid for remain spendable after the plan ends, at the entitlements of the trial tier.

You can switch plans at any time. Moving to a bigger plan takes effect immediately and the price difference is settled by our payment processor; moving to a smaller plan takes effect at the next renewal.

If a renewal payment fails, we will let you know and retry it. If it keeps failing, the plan lapses and your account returns to the trial entitlements until a new plan is started.

Because credits are spent on computation as you use them, purchases are generally final. We do offer refunds in these situations:

• a purchase was made in error and none of its credits have been used, if you ask within 14 days of the payment;
• we charged you an amount that does not match the price shown at checkout;
• a technical fault on our side prevented you from using credits you paid for and we cannot put it right.

To ask for a refund, write to support@imaginemonster.art from the email address on the account with the payment reference. Approved refunds are returned to the original payment method. When a payment is refunded or reversed, the credits it bought are removed from the account, and if some of them have already been spent, the remaining credits go to zero and the account may be restricted until the difference is settled.

This section does not limit any right to a refund that you have under the consumer laws of your country.

You may use the Services only for the purposes we make them available for. You agree not to use the Services to create, upload, publish or distribute:

• sexual content involving anyone under 18, or any content that sexualises minors, in any form, real or generated;
• intimate or sexual imagery of a real person without that person's explicit consent, or any realistic depiction of a real person intended to deceive, harass, defame or exploit them;
• content that incites or glorifies violence, terrorism, self-harm or hatred against people on the basis of who they are;
• content that infringes someone else's copyright, trademark, publicity or privacy rights, including recreating protected characters, logos or artworks for commercial use without permission;
• misleading content presented as genuine, such as fabricated news, fake evidence, forged documents or impersonation of real people or organisations;
• malware, or instructions for causing harm; or
• anything else that is illegal where you are or where we operate.

You also agree not to:

• systematically retrieve data or content from the Services to compile a collection, database or directory without our written permission;
• circumvent, disable or interfere with security features, rate limits, credit accounting, watermarks or content safety systems;
• reverse engineer, decompile or attempt to extract the source code, models or prompts behind the Services;
• resell, sublicense or provide the Services to third parties as a service of your own, or use automated tools to run generations at a scale the account is not licensed for;
• use the Services to train or improve a competing machine learning model;
• upload files that contain viruses or code designed to disrupt the Services; or
• harass, abuse or harm another user or our staff.

We may remove content, refund or withhold credits, suspend or terminate accounts, and report activity to the authorities where we judge it necessary.

The Services let you publish Outputs to a public community gallery and let other people like, collect and take inspiration from them. Anything you publish there is visible to everyone and may be shown on the site's public pages.

By publishing, you confirm that you have the rights needed to do so, that the content does not violate these terms, and that you are happy for other users to see it and to use its description as a starting point for their own creations. We do not pre-screen published content, but we may remove anything that breaks these terms or that we consider objectionable, and we are not obliged to explain why.

Content marked as mature is shown only to signed-in adults who have chosen to see it in their settings.

We reserve the right, but not the obligation, to monitor the Services for violations of these terms; to take legal action against anyone who violates them; to refuse, restrict, limit or disable access to any content or account; and to remove files and content that are excessive in size or burdensome to our systems. We manage the Services to protect our rights and property and to keep them working well for everyone.

We care about how your information is handled. Our Privacy Policy explains what we collect, why, who we share it with and the choices you have. By using the Services you agree to it. The Services are hosted on servers that may be outside your country; by using them you consent to your data being transferred to and processed in those locations as described in the Privacy Policy.

We respect the intellectual property of others. If you believe that material available through the Services infringes a copyright you own or control, send a notice to support@imaginemonster.art that includes: your physical or electronic signature; identification of the copyrighted work; identification of the material you say is infringing and enough information for us to find it; your contact details; a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner.

If your content was removed because of a notice and you believe that was a mistake, you may send a counter-notice with the corresponding information. Knowingly making a false claim in a notice or counter-notice may make you liable for damages. Accounts that repeatedly infringe are terminated.

These terms remain in effect while you use the Services. You may close your account at any time from your settings. We may, in our sole discretion and without notice or liability, deny access to the Services to any person for any reason, including breach of any representation, warranty or covenant in these terms or of any law, and we may delete your account and content without warning.

If we terminate or suspend your account for breach, you may not register a new account under your own or a borrowed name, and we may pursue any remedy available to us. Provisions of these terms that by their nature should survive termination do so, including ownership, warranty disclaimers, limitations of liability and indemnification.

We may change, add to or remove parts of the Services, including the models, tools and plans we offer, at any time and without notice. We are not liable to you or anyone else for any such change, or for any suspension or discontinuation of the Services.

We cannot promise the Services will be available at all times. Hardware, software and network problems, maintenance, and the availability of the AI models we rely on can cause interruptions, delays and errors. Nothing in these terms obliges us to maintain or support the Services or to provide any correction, update or release.

These terms are governed by the laws of the country in which ImagineMonster is established, without regard to conflict-of-law rules, except where the mandatory consumer protection laws of your country of residence give you greater protection.

If you have a dispute with us, please write to support@imaginemonster.art first: most problems can be solved quickly and informally. If we cannot resolve a dispute within 30 days of your first message, either of us may bring it before the competent courts of the place where ImagineMonster is established, or, if you are a consumer, of your place of residence where the law so provides.

You agree that any claim you bring is on your own behalf and not as a plaintiff or class member in a class or representative proceeding, to the extent the law allows.

The Services may contain typographical errors, inaccuracies or omissions, including in descriptions, pricing and availability. We may correct them and change or update information at any time without notice.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, ORIGINALITY OR SUITABILITY OF ANY AI-GENERATED OUTPUT, AND WE ASSUME NO LIABILITY FOR ERRORS OR INACCURACIES IN CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE SERVICES, UNAUTHORISED ACCESS TO OUR SERVERS OR TO YOUR DATA, INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES, OR ANY VIRUSES OR SIMILAR CODE TRANSMITTED THROUGH THE SERVICES BY A THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IS AT ALL TIMES LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some laws do not allow limitations on implied warranties or the exclusion of certain damages; if those laws apply to you, some of the above may not apply and you may have additional rights.

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners and employees, from any loss, damage, liability, claim or demand, including reasonable legal fees, made by any third party because of or arising from: your Inputs, Outputs or published content; your use of the Services; your breach of these terms or of your representations and warranties; your violation of the rights of a third party, including intellectual property, privacy and publicity rights; or any harmful act toward another user. We may take exclusive control of the defence of any matter you must indemnify us for, at your expense, and you agree to cooperate with that defence.

We keep the data you transmit to the Services to operate them, along with data about your use of them. Although we back up data regularly, you are solely responsible for the data you upload and for keeping your own copies of anything you make. To the extent the law allows, we have no liability for the loss or corruption of any such data, and you waive any right of action against us arising from it.

Using the Services, sending us email and filling in forms are electronic communications. You consent to receive electronic communications from us and agree that agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, orders and records, and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Services. You waive any rights under any law that requires an original signature or the delivery or retention of non-electronic records, or payment or credit by other than electronic means.

These terms and any policies posted on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision is not a waiver of it. We may assign any of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay or failure to act caused by something beyond our reasonable control.

If any provision of these terms is held unlawful, void or unenforceable, that provision is severable and does not affect the validity and enforceability of the rest. No joint venture, employment or agency relationship is created between you and us by these terms or by your use of the Services. You agree that these terms will not be construed against us because we drafted them.

To resolve a complaint about the Services or to receive further information about them, contact us at support@imaginemonster.art.