1. Acceptance of Terms

By accessing or using Imagik ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. These Terms constitute a legally binding agreement between you and the operators of Imagik.

These Terms are governed by the laws of Spain, and any disputes will be resolved under Spanish jurisdiction.

2. Service Description

Imagik is an AI-powered platform that generates anime-style video content based on user prompts and optional reference images. The Service utilizes third-party AI technology, including OpenAI's Sora model, to create original artistic content.

3. Eligibility & Account Registration

While there is no minimum age requirement to use Imagik, users under 18 should obtain parental or guardian consent before using the Service or making any purchases.

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

4. Token System & Payment Terms

Imagik operates on a token-based system for generating content:

• Token Purchase: Tokens are purchased through Stripe payment processing
• Non-Refundable: All token purchases are final and non-refundable
• No Expiration: Purchased tokens do not expire and remain in your account indefinitely
• No Cash Value: Tokens have no monetary value and cannot be exchanged for cash
• Non-Transferable: Tokens cannot be transferred between accounts
• Pricing Changes: We reserve the right to modify token costs and pricing at any time without prior notice
• Account Termination: If your account is terminated for violating these Terms, all unused tokens will be forfeited without refund

5. Acceptable Use Policy

You agree to use the Service responsibly and in compliance with all applicable laws. The following uses are strictly prohibited:

5.1 Prohibited Content

• Sexual, pornographic, or sexually explicit content
• Violent, graphic, or disturbing content
• Content depicting or promoting illegal activities
• Content that harasses, threatens, or intimidates individuals
• Hateful content targeting race, religion, gender, sexual orientation, or other protected characteristics
• Content featuring minors in any inappropriate context
• Deepfakes or realistic reproductions of real people without authorization

5.2 Copyright & Intellectual Property

• Do not upload copyrighted images without proper authorization
• Do not attempt to recreate copyrighted characters with exact likeness
• Reference images should be used for style inspiration only, not reproduction
• You are solely responsible for ensuring your inputs comply with copyright law
• We reserve the right to remove content that infringes on intellectual property rights

5.3 Malicious Use

• Attempting to circumvent content filters or safety measures
• Using automated systems or bots to access the Service
• Attempting to reverse engineer or exploit the Service
• Engaging in any activity that disrupts or interferes with the Service
• Using the Service for any fraudulent or deceptive purpose

6. Content Ownership & Rights

User Ownership: You retain full ownership of all content you generate through Imagik. We do not claim any rights to your generated videos.

User-Generated Content Powered by AI: Your generated content is created using OpenAI's technology. While you own the output, the underlying AI model and technology remain the property of their respective owners.

Marketing & Testimonials: We may contact you for permission to use your generated content as examples or testimonials. We will never use your content for marketing purposes without your explicit consent.

No Training on User Content: We do not use your uploaded images or generated content to train AI models.

7. Third-Party Services

Imagik relies on the following third-party services to operate:

• OpenAI (Sora): AI video generation technology
• Stripe: Payment processing and billing
• Supabase: Authentication and data storage

By using Imagik, you acknowledge that your data may be processed by these third-party services in accordance with their respective privacy policies and terms of service. We are not responsible for the practices of these third-party services.

8. Service Availability & Modifications

As-Is Service: Imagik is provided "as is" without any guarantees or warranties. We do not guarantee uninterrupted or error-free service.

Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes but is not limited to:

• Token costs and pricing structure
• Available features and generation parameters
• Generation quality and processing times
• Content policies and safety filters

No Usage Limits: We do not impose daily or monthly usage limits, but we reserve the right to implement such limits in the future if necessary to ensure service quality.

9. Data Retention & Deletion

Storage Duration: We store uploaded images and generated videos as long as legally permissible to ensure you can access and re-download your content at any time.

Data Deletion Requests: You may request deletion of your data at any time by contacting us at contact@imagik.app. We will process your request in accordance with applicable data protection laws.

Automatic Privacy Protection: All uploaded images have EXIF metadata automatically stripped to protect your privacy.

10. Account Termination

Termination by Us: We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms of Service
• Malicious use of the Service
• Generation of prohibited content
• Fraudulent or deceptive activity
• Copyright infringement or intellectual property violations

Loss of Tokens: If your account is terminated for violating these Terms, all unused tokens will be forfeited without refund or compensation.

Termination by You: You may delete your account at any time by contacting us at contact@imagik.app.

11. DMCA & Copyright Claims

If you believe that content generated through Imagik infringes your copyright, please send a DMCA takedown notice to contact@imagik.appwith the following information:

• A description of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material is located
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in your notice is accurate
• Your physical or electronic signature

12. Disclaimers & Limitation of Liability

No Warranties: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

AI-Generated Content: We cannot guarantee the quality, accuracy, or appropriateness of AI-generated content. Generated videos may contain unexpected or unintended elements.

Limitation of Liability: To the maximum extent permitted by law, Imagik and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or malicious code transmitted through the Service
• Any errors or omissions in content or loss of content
• The conduct or content of any third party using the Service

User Responsibility: You are solely responsible for ensuring your use of generated content complies with all applicable laws, including copyright, trademark, privacy, and publicity rights.

13. Indemnification

You agree to indemnify, defend, and hold harmless Imagik and its operators from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights, including intellectual property rights.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of Spain.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the "Last Updated" date at the top of this page.

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Email: contact@imagik.app

Legal Notices: contact@imagik.app

DMCA Takedown Requests: contact@imagik.app