Terms of Service

This is a preliminary version. It replaces an earlier document that described things imai.ge does not do. It is accurate about how the Service works today, but some sections are still short of detail and none of it has been reviewed by a lawyer yet. A reviewed version will follow. Questions: support@imai.ge.

1. Who we are

imai.ge is operated by:

MASP Software B.V. (imai.ge) Kerkstraat 19g 3581 RA Utrecht The Netherlands

Chamber of Commerce (KvK) number: 93109806 VAT (BTW) number: NL866279659B01 Email: info@imai.ge

2. Words we use

Six words carry a specific meaning throughout this agreement. Where one is capitalised, it means what it says here wherever it appears. Everything else means what it ordinarily means.

Service — the imai.ge websites, web application and mobile applications, and the image and video generation they provide.

Account — your imai.ge account, not the Google, Apple or Store account you sign in or pay with.

Content — everything the Service holds for you: what you put in, what it makes for you, what we train at your request, what we derive from any of it, and however you label or organise it. This is deliberately not a list. If we add a feature tomorrow, whatever it holds for you is Content, and everything these terms say about Content applies to it.

Output — the images and video the Service produces for you. An Output is Content as well.

Credit — the unit you spend to generate. Credits are not money — see credits.

Store — the Apple App Store or Google Play. See paying, cancelling and refunds.

3. Your account

You must be 18 or over. Our apps are rated 18+ on both Stores. By creating an Account you confirm you are 18 or over and can enter into a binding agreement with us. We do not check.

If we learn that an Account holder is under 18, we close the Account and delete the Content in it.

Register with an email address and a password, or with your Google or Apple account. Keep your email address up to date — it is how we reach you.

Keep your credentials to yourself. Do not let anyone else use your Account. Tell us at support@imai.ge if you think someone has them, and we may restrict access until the Account is secure again.

You are responsible for what happens through your Account.

What we may do if this agreement is breached is set out in moderation and reporting. One case is not discretionary: an upload matching known child sexual abuse material is handled as described there. If we have blocked you, you may not create a new Account.

Suspension does not change your Credits or your subscription: Credits keep their expiry dates and a subscription keeps billing until you cancel it.

4. What you may not do

Content

Do not use the Service to create, upload or store:

• anything sexual involving a child — photographs of children, generated images depicting a child sexually, or character models trained on photographs of children. There is no exception and no context in which it is permitted;
• sexual or pornographic content of any kind. This applies to every user and there is no setting that permits it;
• images of a real person made without their permission;
• content presenting a real person as saying or doing something they did not, in a way intended to deceive;
• content unlawful where you are, or that infringes someone else’s rights;
• content intended to harass, threaten, defame or impersonate someone.

What we check, and what we do not, is in moderation and reporting.

Photographs of other people

Before you upload a photograph of a person you must have the right to use it here. Your own photograph is enough. Someone else’s requires their permission to upload it and to generate images and video of them — owning the photograph, or having taken it, is not the same thing. Never upload a photograph of a child.

A character model learns a person’s appearance well enough to place them in scenes they were never in. Be ready to show that permission if we ask.

If someone has uploaded a photograph of you, write to abuse@imai.ge.

Conduct

• Do not work around Credit limits, expiry or payment.
• Do not extract, copy or reverse-engineer the models we use, or another user’s character model.
• Do not interfere with the Service or with the checks above.
• Do not use automated means to access the Service beyond an interface we provide for it.

Rules the model providers impose

You may not use the Service for military purposes, for surveillance, or to identify a person biometrically; to build or train a product competing with the models we use; or to misrepresent where an Output came from. A model’s own licence may also carry conditions on what you do with the Output — see who owns what you generate.

5. Your content, and the permission we need

Your Content is yours. We claim no ownership of it, and nothing here transfers any rights in your uploads or prompts to us. Who owns an Output is in who owns what you generate.

The permission you give us

We cannot run the Service without handling your Content, so you allow us to store it, to convert it where the Service needs to, to send it to the companies that run the models so a generation or a training can run, to train the character model you asked for, to check uploads for prohibited material, and to deliver your Content back to you. Free of charge, and not limited to one country.

That is the whole of it. The permission does not cover training any model of our own, it does not cover showing your Content to anyone else, and it does not cover advertising or promotion.

This permission binds us, not them. The companies that run the models have their own terms with us, and those are wider. Our commitment not to train on your Content is ours alone and we do not make it for them. The Privacy Policy says who receives what.

Character models

Training a character produces a model file learned from the photographs you upload for it. It is made for your Account and used to produce your generations; we do not make it available to other users or use it to generate for anyone else. Applying it means a copy sits with the company that runs the model.

How long the permission lasts

As long as we hold the Content. Delete something and it ends for that Content once the Trash is emptied; delete your Account and it ends for all of it. Two things outlive it: Content we are required to preserve, such as material quarantined under our child-safety process, and one copy held at an inference provider we cannot compel to delete it — the Privacy Policy explains both.

Deleted Content sits in Trash for 30 days and can be restored during that time, or removed at once by emptying it. Deleting a character runs the same removal as deleting your Account, so the same exception applies to its trained model and to nothing else.

Your Content is your responsibility

You must hold the rights your Content needs — including a person’s permission where it shows them — and what you make here, and what you then do with it, must stay within the rules and the law. If you cannot promise that for something, do not upload it.

6. Who owns what you generate

Your Outputs are yours

As between you and us, the Outputs you generate are yours. We claim no ownership of them. You may use them personally or commercially.

This is subject to the rest of these terms, in particular what you may not do. Owning an Output does not make it lawful to publish.

Subject to the licence of the model that made it

The companies that run the models for us — Runware and Replicate — pass to us whatever rights they hold in an Output, and we pass those on to you. What they can pass is limited by the licence of the particular model your generation used. Some model licences carry conditions — attribution, for example, or restrictions on what the Output may be used for.

Which model runs a generation depends on what you ask for. Ask us at support@imai.ge if you need to know which model produced a particular Output and what its licence requires.

What we cannot promise about them

We cannot tell you that an Output is original, or that using it will not infringe someone else’s rights. Neither can the companies that run the models — their terms pass rights through without warranting them.

Generative models can produce results that resemble existing works, existing people, or trade marks, without that being anything anyone intended.

If you publish or sell an Output, that decision is yours, and so is what follows from it. See what we do not promise, and what we are liable for.

Outputs are not unique: another user giving similar instructions may receive a similar result, and we do not restrict them from doing so.

7. AI-generated content and telling people about it

Everything here is AI-generated

Every Output is produced by an AI model. Nothing you get from the Service is a photograph of something that happened.

What we mark, and what we do not

We record inside the Service that an Output was AI-generated, and you can see that on the file.

We do not currently write that marking into the image or video file itself. If you download an Output and send it somewhere else, the file does not carry a machine-readable signal that it was AI-generated.

If you publish an Output showing a real person

If you share an Output that depicts a real, identifiable person in a way that could be taken for something they actually did or said, you may be required by law to disclose that it was artificially generated. That duty falls on you as the person publishing it, not on us.

Say clearly that the content is AI-generated when you share it. This applies whoever the person is, including you.

8. Credits

Credits are pre-payment for a service. You spend them to generate, and different kinds of work cost different numbers of them.

Credits from a plan arrive in batches, each with its own expiry date, and unused Credits do not roll over. A monthly plan grants one batch a month, expiring at the end of that month. A yearly plan grants twelve monthly batches, not a year of Credits at once — each expires at its own month end. After a batch expires you keep a further 24 hours in which its Credits can still be spent. We always spend the Credits that expire soonest first.

Credits you buy as a top-up do not expire.

A purchase, and the Credits it grants, belong to a single Account. You cannot move either to another Account. Credits are not money: no cash value, and they cannot be exchanged, sold or paid out. If a generation or a training fails, its Credits are returned automatically.

9. Paying, cancelling and refunds

Who sells to you

Where you buy decides who sells to you. In the app, the Store — the Apple App Store or Google Play — is the seller: it sets the price, and its own terms and refund rules apply. On the web, Stripe is the merchant of record, and so the seller for that purchase, under its own terms. The Service itself is provided by us under these terms.

If a payment fails, the seller handles it under its own rules and may end the subscription if payment is not recovered. None of that touches your Account or your Content.

Cancelling

You can cancel a subscription at any time; cancelling stops it renewing. You cancel it yourself. If you bought in the app, cancel it in your device settings. If you bought on the web, open the subscription from the plans page in your account and follow the link to the payment provider, where cancelling lives.

Cancelling does not delete your Account or your Content. And deleting your Account does not cancel a subscription — see deleting your account.

Cancelling takes no Credits away. Every batch you already hold runs to its own expiry date, and a yearly plan keeps delivering its monthly batches for the year you paid for. What you do not get is any batch a renewal would have granted.

A refund is different. If a purchase is refunded, the Credits it paid for are removed from your Account.

Your right to withdraw

If you live in the EU or the EEA and buy as a consumer you have 14 days to withdraw from a purchase without giving a reason, from the day the contract is concluded. Tell the seller clearly before the 14 days are up — any clear statement will do. Send it to the Store you bought from; if you are not sure how, write to support@imai.ge and we will direct it.

We do not refund Credits for money, but nothing here takes your right of withdrawal away.

10. What we check, and how to report something

Checking Content

We use automated tools to check Content, and we may check anything held for your Account. Content that fails a check is refused or removed.

We do not review everything, and we do not promise to. The rules in what you may not do apply to everything you make here, whether or not a machine or a person looked at it. Checks make mistakes in both directions: something passing one is not our approval of it, and not a finding that it is lawful or that you had the right to upload it.

What we may do

If we believe you have broken what you may not do, we may remove or block Content, restrict what your Account can do, suspend it, or close it. Where we act, we will tell you what we did and why, unless telling you would be unlawful or would defeat the purpose.

Reporting something to us

• abuse@imai.ge — illegal content, or content infringing your rights.
• trust-safety@imai.ge — anything concerning child safety.
• support@imai.ge — if we have acted against your own Content or Account.

Tell us what the Content is and where you met it, why you believe it is illegal or infringes your right and which right, your name and an email address we can reply to, and that what you have told us is accurate to the best of your knowledge.

We review what you send, and may remove Content, restrict or suspend the Account behind it, and block that identity from registering again. The limits on removal are in the Privacy Policy.

Child sexual abuse material

This is handled differently from everything else. A match against the known-material database blocks the upload before it is stored and preserves it, suspends the Account, and blocks that identity from registering again.

Orders from authorities

Where a competent authority orders us to remove Content or make it inaccessible, we comply.

11. Changes, and availability

Changes to the Service

We keep developing the Service: features come and go, and so do the models behind them. We do not run it alone, so if a company we depend on changes a model, withdraws it or is unavailable, the generations that depend on it may change, produce different Outputs, or stop working.

Where a change materially reduces what the Service does for you, we will tell you at least 30 days before it takes effect, at no cost to you, and you may cancel. We make changes of that kind only for a reason: a provider changing what it offers, a legal or safety obligation, or an improvement.

We may stop offering the Service, or any part of it. If we stop altogether we will tell you first so you can download what you want to keep. Credits are not money and are not refunded, so Credits you have not spent by then cannot be spent at all.

Changes to these terms

We change these terms when the Service changes, when the companies we depend on change what they offer or require, or when the law changes.

Each version carries a version number and an effective date, and applies from that date. This page always shows the current version. Corrections and clarifications take effect when we publish them.

A material change is published at least 30 days before it takes effect — one that affects what you pay, what you receive for it, the rights you grant us over your Content, or the limits on our liability.

If you do not accept a material change you may end this agreement before it takes effect, at no cost — cancel any subscription and stop using the Service, or delete your Account. If you keep using the Service after it takes effect, you accept it. Credits already granted keep the expiry dates they were granted with, whatever these terms later say.

12. What we do not promise, and what we are liable for

What we do not promise

A generation is run by an AI model. We do not warrant that an Output will match your prompt, resemble the subject a character model was trained on, reach any standard of quality, suit any particular purpose, or be lawful to publish where you are. An Output is not a record of anything: it does not show a real event and is not evidence that anyone said or did anything.

We do not warrant that an Output is free of other people’s rights — see who owns what you generate.

We do not warrant that the Service will be available without interruption or free of errors, or that Content stored here will always be retrievable — keep your own copies of anything you would not want to lose. We do not warrant that we will detect, refuse or remove every piece of prohibited content — see moderation and reporting.

What we never exclude

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for our own intent or conscious recklessness (opzet of bewuste roekeloosheid), or for anything else Dutch law does not allow us to exclude.

If you are a consumer you keep every right mandatory law gives you, including the mandatory rules of the country you live in. Where anything here conflicts with such a right, that right applies instead.

What we do limit

Subject to the above, we are not liable for Outputs that are inaccurate, unsuitable or that resemble existing works or people; for your use of an Output, including anything you publish or sell; for Content you had no right to upload; for loss of Content you deleted or Credits that expired; or for interruptions and failures, including those caused by the companies we depend on.

Your Content remains your responsibility. If a claim is brought against us over it, ordinary Dutch law decides what you owe us — these Terms add nothing to it and take nothing from it.

13. Ending this agreement

You can end this agreement at any time. Stop using the Service, and delete your Account if you want it gone — the control is at the bottom of your account settings.

Deleting your Account and cancelling a subscription are two different acts, and one does not do the other. See paying, cancelling and refunds for which is which, and why a subscription must be cancelled separately.

What deleting does. Your sessions end immediately, and for 30 days you can change your mind by signing in again. After that we erase the Account and it cannot be recovered.

What is erased, what we are required to keep, and the one copy of a character model we cannot delete are set out in full in the Privacy Policy and at /account-deletion. This section does not repeat them.

Credits. Unspent Credits are lost when the Account is erased — see credits.

When we can end it. We may suspend, restrict or close an Account where this agreement is breached, including acceptable use. How that works is in your account and moderation and reporting. We may also stop offering the Service — see changes and availability.

If an open child-safety matter involves your Account, erasure is paused entirely until it closes.

What survives. Ending this agreement does not undo what happened while it was in force. Output ownership, what we do not promise, and what we are liable for and governing law and disputes continue to apply, as does anything we are required by law to keep. The permission you gave us over your Content does not — see your content, and the permission we need.

14. Governing law and disputes

Dutch law governs this agreement. We are established in the Netherlands, and the law of the Netherlands applies to this agreement and to any dispute arising out of it.

That does not cost you protection you already have. Where the law of the country you live in gives you consumer rights that cannot be contracted out of, those rights apply, and nothing in this agreement is intended to remove them.

Where a dispute is heard. The Dutch courts have jurisdiction over disputes arising out of this agreement.

If you are a consumer living in the EU or the EEA, that does not narrow your options:

• You may bring proceedings against us either in the courts of the country where you live or in the Dutch courts, whichever you prefer.
• We may bring proceedings against you only in the courts of the country where you live.

Nothing in this section takes those rights away.

Write to support@imai.ge first if you would rather. You do not have to.