TERMS OF USE

Last updated September 13, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Image Brew AI ("Company," "we," "us," "our"). We operate our platform, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [email protected]

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Image Brew AI, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or otherwise exploited for any commercial purpose without our express prior written permission.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, or distribute content and materials to us or on the Services (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. By making Contributions, you represent that they do not violate the rights of any third party, including intellectual property rights or privacy rights.

6. CONTRIBUTION LICENSE

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you on the Services.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse or restrict access to the Services for any reason at our discretion; (4) manage the Services to protect our rights and property and ensure the proper functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms remain in full effect while you use the Services. We reserve the right, in our sole discretion, to deny access to the Services to anyone for any reason, including for breach of these Legal Terms or applicable law. If we terminate or suspend your account, you are prohibited from registering a new account under your name or any other name.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue the Services at any time without notice. We are not liable to you or any third party for any modifications, interruptions, or discontinuation of the Services. While we will strive to maintain the availability of the Services, we cannot guarantee uninterrupted access.

10. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of the state of [Insert State/Country]. You agree that any dispute arising out of or related to these Legal Terms will be resolved in the courts of [Insert State/Country].

11. DISPUTE RESOLUTION

Informal Negotiations

Before initiating arbitration, the Parties agree to first attempt to negotiate any Dispute informally for at least [Insert Number] days.

Binding Arbitration

Any disputes arising from these Legal Terms shall be resolved through binding arbitration in [Insert Arbitration Location]. The number of arbitrators shall be [Insert Number], and the language of the arbitration shall be [Insert Language].

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES.

14. LIMITATIONS OF LIABILITY

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.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these Legal Terms, or your violation of the rights of a third party.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. You are solely responsible for all data that you transmit and agree that we have no liability for any loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS.

18. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Image Brew AI Email: [email protected]