Terms and Condition

These Terms of Use (the "Terms") govern your use of the website and application located at https://imagine.art and other sites and subdomains (collectively, "ImagineArt" or the "Website") owned and operated by Vyro LLC, a private limited company (the "Company," "we," "us," or "our").

By accessing or using ImagineArt, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to all of these Terms, do not access or use the Website.

1. Acceptance of Terms

By accessing and using ImagineArt, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not accept these terms, you must not use our services.

2. User Accounts and Access

• Registration: Users must register for an account by providing accurate, current, and complete information as prompted by our registration forms.
• Eligibility: To register for an account with ImagineArt, you must be at least 18 years old or have reached the age of majority in your jurisdiction. By registering, you represent and warrant that you meet these requirements.
• Account Responsibilities: Users are responsible for maintaining the confidentiality of account information, including passwords, and for all activities that occur under their account.
• Free Plan: Allocated 50 free tokens daily, which reset every 24 hours and do not accumulate. These tokens are intended for non-commercial use only.
• Paid Plans: Users may opt for weekly or yearly subscriptions, which provide additional tokens usable for commercial purposes.

3. Token Usage

• Free Plan: Tokens are credited daily and must be used within that day; unused tokens will expire at the end of each day.
• Subscription Plans: Subscribers receive a predefined number of tokens at the start of their billing period as specified by their chosen plan. These tokens can be used at any time during the subscription period and may be exhausted before the end of the period depending on usage. Additional tokens can be purchased separately according to our pricing guidelines if the initial allocation is depleted.
• Model Costs: Different machine learning models require varying numbers of tokens, detailed in the pricing section/guides on the website. Model costs are subject to change based on costs to the business and proper service delivery to customers.

4. Payment Terms

• Billing: Subscription fees for paid plans are billed in advance on a weekly or yearly basis and are non-refundable except as expressly provided in these Terms.
• Refunds: Refunds may be granted if technical issues that are confirmed as our fault interfere with service usability, within 30 minutes of issue reporting. Deductions for payment processing fees may apply.
• Discounts: Any promotional discounts or offers are valid only for the initial subscription period. Regular pricing will apply to all subsequent renewal periods.

5. Intellectual Property

• Content Ownership: Generated content on the free plan is owned by Vyro LLC; users are granted a license for personal, non-commercial use. Paid subscribers are granted a commercial license.
• Copyright Restrictions: Users may not use content from the website in any way that infringes upon the copyright of others, including unauthorized reproduction or distribution.

6. Privacy and Data Use

• Data Collection: We collect personal and usage data as described in our Privacy Policy.
• Use of Data: Data is used to manage user accounts, improve service offerings, and comply with legal requirements.
• Security: We employ robust security measures to protect user data from unauthorized access.
• ImagineArt may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise.

7. Prohibited Activities

Users of ImagineArt are prohibited from engaging in any activity that would adversely affect the use of the service by others, including, but not limited to:

• Service Disruption: Engaging in activities that interrupt or attempt to interrupt the operation of the site in any manner, including deploying software viruses or any other malicious code, or flooding, spamming, mail-bombing the site.
• Security Interference: Circumventing, disabling, or otherwise interfering with security-related features of the site or features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein.
• Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the service, the server on which the service is stored, or any server, computer, or database connected to the service.
• Illegal Activities: Using the service for illegal purposes or for the promotion of dangerous activities.
• Impersonation: Impersonating or attempting to impersonate Vyro LLC, a Vyro LLC employee, another user, or any other person or entity.
• Data Harvesting: Using any robot, spider, or other automatic device, process, or means to access the service for any purpose, including monitoring or copying any of the material on the service.

8. Modification of Terms and Services

Vyro LLC reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes.

9. Termination

We may terminate your access to the site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

10. Disclaimer and Limitation of Liability

Vyro LLC provides the ImagineArt platform on an 'as is' and 'as available' basis. We make no warranties regarding the accuracy or reliability of any information obtained through the services.

11. Dispute Resolution

• Arbitration: Any disputes between you and us will be resolved through arbitration by a neutral arbitrator, rather than in court.
• Individual Basis: Arbitration will be conducted on an individual basis only; class actions or arbitrations are not allowed.
• No Jury Trial: By agreeing to these terms, you waive your right to a trial by jury.
• Intellectual Property Rights: Intellectual property rights may be enforced in court to prevent infringement or misuse.

12. Data Deletion

• User Data: You have the right to request the deletion of your personal data that is stored in your ImagineArt account. To do so, please contact our support team at support@imagine.art with your request.
• Deletion Process: Upon receiving your data deletion request, Vyro LLC will process your request and delete your data within a reasonable timeframe, typically within 30 days, unless a longer period is required by applicable laws or for legal obligations.
• Impact of Deletion: Please note that deleting your data will result in the permanent loss of all your account information, including any created content, stored images, videos, and account settings. This action is irreversible.
• Legal Retention Requirements: Vyro LLC may retain certain information as required by law or for legitimate business purposes, such as to comply with legal obligations, resolve disputes, and enforce our agreements. In such cases, your data will be securely archived and protected from any further processing.
• Data Backups: Backups of your data might remain in our backup systems for a limited period following your deletion request. These backups are maintained for recovery purposes and will be securely destroyed in the normal course of business.
• Publicly Accessible Data: If you have marked any content as public and published it to our community feed, this content will not be removed upon your data deletion request. Publicly accessible data is considered part of the community content and will remain available to other users.

13. Platform Changes and Access

• Feature Modifications: Vyro LLC reserves the right to remove, add, or modify any features of the ImagineArt platform solely based on business direction and without prior notice.
• Platform Evolution: By using ImagineArt, you acknowledge and agree that the product's offerings may change in the future, and your continued access is granted with this understanding.
• Termination of Access: Vyro LLC reserves the right to terminate access to the platform for any user at any time and for any reason. In the event of such termination, we will provide a pro-rata refund for any unused portion of paid subscriptions.

14. User Responsibility for Generated Content

• Liability Disclaimer: ImagineArt assumes no liability for the images generated through our platform. The responsibility for generating and sharing these images lies solely with the user.
• User Accountability: By using ImagineArt, you agree that you are solely responsible for any content you generate, share, or distribute using our platform. You indemnify and hold Vyro LLC harmless from any claims, damages, or legal actions arising from your use of generated content.

By using ImagineArt, you acknowledge that you have read, understood, and agreed to these updated Terms and Conditions.