Terms of Service

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.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

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 various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@imagera.ai. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except through our documented developer API and official integrations as permitted by Section 9.1; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4.1 One Account Per Person

You may create and maintain only one account. Free trials, introductory offers, promotional credits, and other one-time benefits are limited to one per person and, where stated, per device, household, or payment method. We may treat accounts as belonging to the same person where registration details, devices, network signals, payment methods, or usage patterns reasonably indicate common control, and may aggregate, suspend, or close such accounts. Where duplicate accounts have been used to obtain a trial, promotion, or credit grant more than once, we may revoke the benefit and any credits derived from it from every implicated account without compensation, and may exclude you from future promotions. Creating accounts by automated means, with false details, or after a prior account was terminated for breach (Section 19) is a material breach of these Terms.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• Other payment methods supported through Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, subject to Section 7.8 for active subscriptions. All payments shall be in the currency and amount shown at checkout (see Section 5.1).

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

5.1 Payment Processors, Currencies, Taxes, and Regional Pricing

(a) Processors and currencies. Payments are collected on our behalf by third-party payment processors, currently including Stripe (charges typically denominated in US dollars) and, for customers in India, Razorpay Software Private Limited (charges denominated in Indian Rupees). The processor, currency, and total amount for your transaction are shown at checkout, and the amount charged is the amount stated at checkout in that currency. All provisions of these Terms concerning purchases, subscriptions, credits, refunds, chargebacks, and payment disputes — including Sections 5 through 8 — and our Refund Policy apply equally and in full to every payment processor and payment method we support, including non-card methods such as UPI and netbanking; references to "Stripe" or "your payment provider" include Razorpay for INR transactions.

(b) Recurring mandates. Where you pay by recurring mandate (including e-mandates for INR payments), you authorize registration of the mandate at checkout and consent to the pre-debit notifications required by applicable payment-system rules (including Reserve Bank of India directions on recurring transactions), which may be delivered by the processor or your bank.

(c) Taxes. Displayed prices may exclude applicable taxes (including GST/HST, VAT, or sales tax), which, where required, are calculated and added or included as shown at checkout based on the billing information you provide; you are responsible for its accuracy.

(d) Exchange rates and bank fees. Any currency-conversion or foreign-transaction fees applied by your bank or card issuer are your responsibility, are outside our control, and are not billing errors or grounds for any refund, credit restoration, or dispute against us. Exchange-rate movements do not change the amount owed in your billing currency. Prices displayed in INR are set by us and are not a currency conversion of USD prices. We do not store your full card, UPI, or bank details; these are handled exclusively by the payment processor.

(e) Regional pricing. Regional pricing, where offered, is available only to users genuinely located in the eligible region. Misrepresenting your location or billing details (including through VPNs) to obtain regional pricing is a material breach of these Terms, and we may cancel the affected transactions and revoke credits obtained through them.

5.2 Payment Verification and Fraud Screening

We and our payment processors screen transactions for fraud. We may, before or after accepting a payment: require verification of your identity, billing details, or your authority to use the payment method; require authentication mechanisms such as 3-D Secure; limit the amount, frequency, or payment methods available to an account (particularly a new account); and place a transaction on hold pending review. A purchase is not complete, and credits are not issued, until screening and any requested verification are passed. If verification fails or is not provided within a reasonable time, we may cancel the transaction and return the payment to its source; cancelling an unverified transaction in this way is not a refund of a completed purchase and creates no exception to Section 8.

6. CREDIT SYSTEM

The Services operate on a credit-based system. Credits are consumed when you use AI generation features. The credit cost varies by tool and quality settings. Credit costs are displayed before each generation and may be updated from time to time.

• Credits are non-transferable between accounts
• Subscription credits are issued as part of your billing plan and expire at the end of each billing cycle on the renewal date. They do not carry over to the next period.
• Top-up credits purchased separately (outside of a subscription plan) do not expire and remain available until used, subject to these Terms.
• Credits have no cash value and cannot be exchanged for currency
• Purchasing credits does not guarantee availability of any specific AI model or tool
• We reserve the right to modify credit costs for tools at any time with reasonable notice
• Failed generations due to system errors may be refunded in credits at our discretion

6.1 Credit Adjustments, Clawback, and Set-Off

Credits are recorded by us, and our records of your credit balance are decisive absent manifest error. We may adjust your balance to reverse credits that were added in error — including platform, payment-processor, webhook, or promotional errors — or whose underlying payment fails, is reversed, is charged back, or does not settle for any reason. If credits removed under this Section have already been consumed, the value of the consumed credits is an outstanding amount owed to us under Section 7.7. We may set off any amount you owe us under these Terms — including outstanding balances, chargeback fees, and costs recoverable under Section 8 — against any credits in your account or any amount we may owe you, valuing credits at the price at which they were acquired (promotional or granted credits at zero).

6.2 Credits — Licence Nature; Effect of Account Deletion and Termination

Credits — subscription and top-up alike — are a limited, non-transferable, revocable licence to use the Services; they are not money, stored value, or property, and you acquire no property interest in them. Credits exist solely as a feature of your account and can be used only while your account remains open and in good standing.

• (a) Voluntary deletion. Deleting your account, or requesting deletion under our Privacy Policy, is permanent and irreversible. Upon deletion: all remaining credits are forfeited without refund or compensation; all generated content, uploaded media, trained custom models, and AI Companion data are permanently deleted as described in our Privacy Policy and cannot be recovered; any active subscription is cancelled without refund of the current billing period; and creating a new account does not restore any credits, content, models, or history from a deleted account. We will remind you of these consequences before completing a deletion you initiate; if you intend to use remaining credits or keep any content, do so before requesting deletion.
• (b) Termination for breach. If we terminate or suspend your account for breach of these Legal Terms — including the Prohibited Activities (Section 9), the Content Safety and Acceptable Use Policy (Section 10), or any payment, chargeback, or anti-abuse provision (Section 8) — all credits then remaining in your account are forfeited immediately and without compensation.
• (c) Never-expire statements. Statements that top-up credits do not expire describe their treatment while your account remains open and in good standing; nothing in this Section shortens the life of top-up credits in an open account, but no credit survives the closure of the account it belongs to or termination for breach. Nothing in this Section limits any other remedy available to us.

7. SUBSCRIPTIONS AND CANCELLATION

7.1 Subscription Terms

Your subscription to Imagera AI and any associated payments are valid for the duration of the billing period selected. We offer monthly and annual billing options. By subscribing, you expressly consent to recurring billing at the disclosed price and frequency until you cancel.

7.2 Cancellation

You can cancel your subscription at any time through your account dashboard. Cancellation stops future charges but does not refund prior billing periods unless required by law. Upon cancellation, you retain access to the Services until the end of your current billing period.

7.3 Automatic Renewal

We clearly and conspicuously disclose:

• The existence of recurring charges
• The amount and billing frequency
• How to cancel before being charged again
• That cancellation stops future charges but does not retroactively refund prior billing periods unless required by law

7.4 Subscription Termination by Company

Your subscription is valid only for the duration of the Company's active operations. In the event that the Company ceases operations, discontinues the Services, or is otherwise unable to fulfill its obligations during the subscription term, your subscription and any associated services will be terminated immediately without refund or compensation. By agreeing to these Terms, you acknowledge and accept this risk.

7.5 Billing, Failed Payments, and Retries

If a payment fails, is retried, or is recovered through our payment processor's dunning or retry mechanisms, your subscription remains active unless and until a valid cancellation is received and confirmed. Initiating a chargeback, payment dispute, or card reversal does not constitute cancellation.

We reserve the right to submit evidence to payment processors and card networks, including but not limited to: account access logs, billing disclosures, acceptance of these Terms, and cancellation instructions.

7.5.1 Failed Payments — Access and Updated Credentials

If a renewal payment fails, we may retry the charge on the schedule used by our payment processor and may suspend or limit access to paid features — including withholding or reclaiming the billing period's subscription credits — until payment succeeds. Restoration of access upon successful payment does not extend the billing period. You authorize us and our payment processors to obtain updated payment-card credentials from card networks and issuers (account-updater services) and to apply retries and future recurring charges to those updated credentials; this authorization continues until your subscription is validly cancelled under Section 7.6. A billing period during which paid features were made available to you remains payable in full under Section 7.7, regardless of any suspension during dunning.

7.6 No Implied Cancellation

Cancellation is not retroactive and will not be implied from: non-use of the service, failed or reversed payments, account inactivity, support communications that do not clearly request cancellation, or any action other than those described in this policy. Only cancellations completed through the account dashboard or confirmed by our support team are valid.

7.7 Outstanding Balances

If any payment is not successfully processed, is reversed, disputed, charged back, or otherwise remains unpaid for any reason, the resulting balance will be considered an outstanding amount owed to us. We reserve the right to retry failed or past-due payments, issue new invoices for outstanding balances, and pursue lawful means of collection. This section survives cancellation, termination, or expiration of your account.

7.8 Changes to Subscription Price or Material Terms

Notwithstanding the notice waiver in the Agreement to Our Legal Terms section and Section 5: for active subscriptions, any increase to your recurring price, and any change to these Terms that materially affects your paid subscription, takes effect only at your next renewal date falling at least 30 days after we send written notice to your registered email. The notice will identify the provision or price concerned, the new provision or price, and the effective date. If you do not accept the change, you may cancel through your account dashboard before the effective date, without penalty, and retain your current price and access until the end of the paid period; renewing after the effective date constitutes acceptance. This section governs recurring subscription charges only and does not limit our right under Sections 5 and 6 to change prices for new purchases, credit packages, or per-generation credit costs at any time.

7.9 Purchase Confirmations, Renewal Notices, and Cancellation Method

After each subscription purchase, we or our payment processor send a confirmation email restating the recurring price, billing frequency, and how to cancel; that email together with these Terms constitutes your copy of the agreement and satisfies any legal requirement to deliver one. Wherever applicable automatic-renewal law requires a renewal reminder — including for subscription terms of one year or longer — we will send one to your registered email within the legally required window before the renewal charge, identifying the amount, the charge date, and how to cancel. Cancellation is available online at any time through your account dashboard and takes effect as described in Section 7.2 — no phone call or letter is required. A renewal is not invalidated by non-receipt of an email where your registered address is out of date, bouncing, or filtered; you are responsible for keeping it current (Section 5).

7.10 Plan Changes

You may change plans through your account dashboard. Upgrades take effect immediately: you are charged the amount disclosed at the time of the change — which may be the full price of the new plan, with your billing cycle restarting on the date of the upgrade — and the higher plan's credits and features apply from that moment, with any credit carryover handled as disclosed in the upgrade dialog. Downgrades, and switches from annual to monthly billing, take effect at the end of your current paid period; until then your current plan remains in force. No plan change entitles you to a refund, credit, or offset of any amount already billed, and subscription credits from the outgoing plan expire as set out in Section 6. Amounts charged on an upgrade are subscription fees subject to Section 8 (Refunds).

8. REFUNDS

8.1 No Refunds — General Rule

All purchases — including credit packages, subscription fees (including the GlowCam subscription, Section 8.9), and add-on packages — are final and non-refundable upon completion of the transaction, except as expressly provided in Section 8.3 (Limited Credit Restoration) or Section 8.10 (Service Defects), or as required by mandatory applicable law that cannot be waived by contract. Our full Refund Policy is available at imagera.ai/refund-policy and is incorporated by reference into these Terms.

8.2 Digital Goods — Immediately Consumed Services

Our Services constitute digital goods and digital content that are made available and begin to be consumed immediately upon purchase. Credits are available for use the instant a transaction completes. You expressly acknowledge that the performance of the Services begins immediately upon purchase, and where applicable law grants a right of withdrawal or cancellation for digital goods, you expressly waive that right by requesting immediate performance at the time of purchase.

8.3 Limited Credit Restoration

We may, at our sole and absolute discretion, restore credits (not issue monetary refunds) only where:

• A generation failed to produce any output solely due to a verified technical error on our infrastructure; or
• Credits were deducted without any generation being attempted due to a verified platform-side billing error.

Credit restoration requests must be submitted to support@imagera.ai within 14 days of the incident. The following do not qualify for credit restoration or any refund: dissatisfaction with AI output quality; output that does not match subjective expectations; output that scores unexpectedly on third-party AI detection tools; user error including incorrect prompts, settings, or LoRA selection; or account termination due to Terms violations.

8.4 AI Output Variability — No Outcome Guarantee

You expressly acknowledge and agree that:

• AI-generated content is inherently variable. Imagera AI makes no guarantee — express or implied — regarding the quality, appearance, photorealism, or any other characteristic of any output.
• AI detection scores are not guaranteed. Third-party AI detection tools are operated independently, update their models frequently without notice, and produce results that vary by content, tool version, and methodology. Imagera AI has no control over third-party detection tools and makes no representation that any output will achieve any particular score on any detection platform.
• Our Real Camera and photorealism features are designed to produce naturally-looking output, but results vary based on input, model selection, and generation parameters. These features carry no guarantee of any specific outcome or detection result.
• Dissatisfaction with AI output, for any reason, does not constitute a service failure and does not entitle you to a refund or credit restoration.

8.5 Mandatory Pre-Dispute Contact Requirement

Before initiating any payment dispute, chargeback, or reversal with your bank, card issuer, or payment processor, you are required to contact Imagera AI at support@imagera.ai with a detailed description of your concern and allow a full 5 business days for our response. Failure to do so constitutes a breach of these Terms and may result in immediate account suspension, permanent termination, and submission of evidence to your payment provider.

8.6 Chargebacks and Payment Disputes — Credit Purchases

The protections set out in Section 7.5 (Billing, Failed Payments, and Retries) and Section 7.6 (No Implied Cancellation) apply equally to all credit purchases, not only subscriptions. If you initiate a chargeback or payment reversal in connection with any credit purchase, Imagera AI reserves the right to:

• Immediately suspend or permanently terminate your account and forfeit any remaining credits without compensation.
• Submit comprehensive evidence to your payment provider, including your timestamped acceptance of these Terms, Refund Policy, and Privacy Policy (recording the version of each in effect at that time); generation logs demonstrating service delivery; and all prior support communications.
• Recover all chargeback fees, dispute processing costs, and reasonable legal costs incurred as a direct result of a dispute filed in breach of this Policy. You agree to reimburse Imagera AI for these costs.
• Permanently ban you from creating new accounts on the platform.
• Report fraudulent chargeback activity to fraud prevention networks and, where applicable, law enforcement authorities.

8.7 Evidence Retention and Submission Rights

Imagera AI retains records for the purpose of responding to payment disputes, fraud prevention and legal compliance. The records we actually hold are itemised in Section 9 of our Refund Policy, and retention periods are those set out in our Privacy Policy. In summary: registration and consent records (including the version of each policy accepted), transaction records, generation logs for our AI generation Services, support communications, device and browser characteristics (device type, operating system, browser, screen size, time zone, language and user-agent) with approximate location derived from your IP address, and — in place of the address itself — a truncated network portion together with a non-reversible hash of it. We do not retain full IP addresses. This evidence is routinely submitted to payment processors and card networks in response to payment disputes. By using the Services, you acknowledge that Imagera AI has the right to submit this evidence in any dispute resolution proceeding.

8.8 Contact for Billing Issues

If you are unsatisfied with our Services or have a billing concern, please contact us at support@imagera.ai before initiating any dispute with your payment provider.

8.9 GlowCam Subscription — All Charges Final

GlowCam is a real-time, on-device product whose usable quality depends on the performance of your own computer — hardware we do not supply. On lower-capability devices GlowCam measures the device and disables the effects it cannot run smoothly, including hair colour and background replacement.

• For exactly that reason, GlowCam offers a 2-day free trial requiring no payment method, so you can evaluate GlowCam's real performance on your own hardware, on real calls, before paying anything. By subscribing, you confirm you have had that opportunity.
• All GlowCam subscription charges — first charges and renewals, on any plan — are final and non-refundable under the general rule in Section 8.1.
• Reduced or disabled effects attributable to the capability of your own device are disclosed behaviour of the product and do not constitute a Service Defect under Section 8.10.
• Section 8.10 (Service Defects) and any rights under mandatory applicable law that cannot be waived by contract remain unaffected.

8.10 Service Defects

Sections 8.3 and 8.4 concern AI-generated output — its quality, style and variability. They do not concern a feature that does not function as described, which is a different matter and is treated differently. Where a feature you paid for demonstrably fails to perform as we described it, as distinct from producing output you did not like, contact support@imagera.ai. Where we confirm the defect we will provide a remedy appropriate to it, which may include a refund of the affected charge. Nothing in these Terms is intended to charge you for a feature that did not work as described.

8.11 Authorized Use of Payment Methods

To the maximum extent permitted by applicable law, any purchase initiated from an authenticated session on your account, or using a payment method saved to your account, is deemed authorized by you. You are responsible for purchases made by any person you permit to access your account, your device, or your payment method, including family and household members. If you believe a transaction on your account was genuinely unauthorized, you must notify us at support@imagera.ai promptly — and in any event before initiating any dispute with your payment provider — so we can investigate and secure the account. Where our records show a disputed transaction originated from your authenticated account or a saved payment method, we will submit that evidence to your payment provider under Section 8.7.

9. 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.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
• Sell or otherwise transfer your profile or account.
• Use our AI tools to generate content that impersonates real individuals without their explicit consent.
• Use the Services to generate illegal, harmful, abusive, harassing, defamatory, or obscene content.
• Use our AI tools to create deepfakes or misleading media intended to deceive, manipulate, or defraud.
• Use the Services to generate content that exploits or harms minors in any way.
• Use the Services to generate content that infringes on any third party's intellectual property rights.

You agree not to use, nor permit any third party to use, the Services, Content, or any output generated by Imagera AI for the purpose of training, fine-tuning, or otherwise developing any machine learning models, artificial intelligence models, algorithms, or similar systems. This includes, but is not limited to, using our outputs as training data, evaluation data, or in any other manner that would involve their use in creating or improving any model, dataset, or related technology. This restriction does not apply to the custom model training features we ourselves provide within the Services (such as LoRA training), which remain subject to Section 10.

9.1 Developer API, MCP, and Authorized Automated Access

By way of exception to the automation restrictions in this Section and Section 3, we offer a documented developer API and official integrations (including MCP connectors) that permit programmatic access to designated endpoints. If you use them, the following additional terms apply:

• API keys are confidential, per-account credentials. You are responsible for all usage and credit consumption under your keys, including by software, scripts, agents, or third parties you permit to hold them. If a key is compromised, you must revoke or rotate it immediately; credits consumed before revocation remain your responsibility and are not refundable.
• These Terms apply in full to API usage. The Prohibited Activities in this Section, the Content Safety and Acceptable Use Policy (Section 10), and the credit and refund provisions (Sections 6 and 8) apply equally to all content generated and actions taken through the API or any integration.
• Limits and revocation. We may impose, change, and enforce rate limits, quotas, and technical restrictions at any time, and may suspend or revoke API access — with or without suspending your account — where we detect abuse, unusual load, security risk, or a breach of these Terms. Suspension or revocation of API access is not a service failure and does not entitle you to any refund.
• No resale or circumvention. You may not use the API to resell, sublicense, or white-label the Services as a competing offering; to circumvent per-account limits, pricing, or safety systems; or to scrape, extract, or compile our Content.
• Applications and End Users. If you build an application, integration, agent, or service that uses the API or your API keys on behalf of other persons ("End Users"): (a) all acts and omissions of your End Users in connection with the Services are deemed your own for all purposes under these Terms — including Sections 9, 10, 11, and 26 and our Refund Policy — and you are fully responsible to us for all End User inputs, outputs, conduct, credit consumption, and resulting harm; (b) you must contractually impose on your End Users written restrictions at least as protective of Imagera AI as Sections 9, 10 (including the consent representations for faces, voices, and likenesses), and 11 (including all AI-content disclosure obligations), and must not permit persons under 18 to access generative functionality; (c) you must promptly forward to us, and cooperate with, any takedown notice, non-consensual imagery report, or legal complaint concerning content generated through your integration, and, upon our notice, promptly suspend any End User we reasonably identify as violating these Terms — failing which we may suspend or revoke your API keys without refund; and (d) End Users are not third-party beneficiaries of these Terms, have no rights or claims against us, and have no contractual relationship with Imagera AI; you alone are responsible for any support, refunds, or other obligations owed to your End Users.
• No SLA. The API is provided without any uptime, latency, or service-level commitment; endpoints, parameters, models, and behaviour may be changed, deprecated, or withdrawn at any time, and such changes are not defects and entitle you to no refund or compensation.
• Automated access to the Services by any means other than the documented developer API and official integrations remains prohibited.

10. CONTENT SAFETY AND ACCEPTABLE USE POLICY

10.1 Child Sexual Abuse Material (CSAM) — Absolute Prohibition

In compliance with Canadian Criminal Code Section 163.1 and all applicable international laws, the generation, upload, distribution, or possession of child sexual abuse material (CSAM) through our Services is absolutely prohibited. This includes:

• Any visual depiction, whether photographic, computer-generated, or AI-generated, that depicts a person under the age of 18 (or who appears to be under the age of 18) engaged in sexually explicit conduct.
• Any AI-generated, synthetic, or digitally manipulated imagery depicting minors in sexual, nude, or exploitative contexts — regardless of whether a real child was involved.
• Any text prompt, description, or instruction intended to generate content that sexualizes, exploits, or endangers minors in any way.
• Any content that could be used to groom, lure, or exploit minors.

All suspected CSAM will be reported to the Canadian Centre for Child Protection (Cybertip.ca), the RCMP, and NCMEC, along with all available user data and IP information. We maintain automated content filtering systems that detect and block CSAM-related prompts in real time.

10.2 Non-Consensual Intimate Imagery

In compliance with Canadian Criminal Code Section 162.1 (publication of intimate images without consent), the following is strictly prohibited:

• Using our AI tools to generate nude, semi-nude, or sexually explicit images or videos of any real person without their explicit, documented consent.
• Creating deepfakes or synthetic intimate imagery of real individuals, including public figures, without consent.
• "Nudifying" or digitally undressing photos of real people.
• Creating or distributing revenge pornography or non-consensual intimate imagery of any kind.

Violations may result in criminal charges under Canadian law, including imprisonment of up to five years.

10.3 Fraud, Impersonation, and Deception

You are strictly prohibited from using the Services to:

• Impersonate any real individual (living or deceased) without their consent or in a manner intended to deceive, defraud, or mislead others.
• Create synthetic media (deepfakes) intended to spread misinformation, manipulate public opinion, or interfere with democratic processes.
• Generate fraudulent identification documents, financial records, or any materials intended for illegal use.
• Create AI-generated content designed to facilitate scams, phishing, or social engineering attacks.
• Generate fake testimonials, reviews, or endorsements.

10.4 Hate Speech, Terrorism, and Incitement to Violence

The following content is prohibited:

• Content that promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic under Canadian and international human rights law.
• Content that promotes, glorifies, or recruits for terrorist organizations.
• Content that incites, threatens, or promotes violence against any person or group.
• Content that constitutes hate propaganda under Canadian Criminal Code Sections 318–320.

10.5 Right to Terminate

We reserve the right to immediately terminate any account, without prior notice or refund, that we determine, in our sole discretion, has violated this Content Safety and Acceptable Use Policy. We may also:

• Permanently ban the user from creating new accounts.
• Report violations to law enforcement, including the RCMP, local police, Cybertip.ca, and/or NCMEC.
• Cooperate fully with law enforcement investigations, including providing user data, IP addresses, generation logs, and payment information as required by law or legal process.
• Preserve evidence of prohibited content for use in legal proceedings.
• Proactively report suspected illegal activity to law enforcement authorities — including the RCMP, local police, Cybertip.ca, NCMEC, and relevant international agencies — without waiting for a court order, when we reasonably believe that imminent harm, child exploitation, or other serious criminal activity is involved.
• Retain and produce the IP-derived identifiers we hold (a truncated network portion and a non-reversible hash — we do not retain full IP addresses), device and browser characteristics, timestamps, generation prompts, uploaded media metadata, and payment information in response to valid legal requests or when required to protect public safety.

10.6 User Responsibility for Generated Content

You are solely and entirely responsible for all content you generate, create, upload, or distribute using our Services. You acknowledge that:

• You will comply with all applicable laws in your jurisdiction, including but not limited to Canadian federal and provincial laws, when using the Services.
• You will not use AI-generated content from our Services to violate any person's rights, including privacy, publicity, intellectual property, or human rights.
• You are responsible for obtaining any necessary consents or licenses before generating content depicting real people, brands, or copyrighted material.
• You accept full legal liability for any harm caused by your use of AI-generated content from our platform.

10.7 Content Monitoring and Moderation

We employ automated content filtering, prompt analysis, and moderation systems to detect and prevent the generation of prohibited content. We reserve the right to:

• Automatically block prompts that violate our content policies.
• Review and audit generated content.
• Log content generation requests for safety and compliance purposes.
• Update our content filtering systems at any time without notice.

10.8 Biometric Data and Facial Likeness Consent

Certain features of our Services — including face swap, face enhancement, head swap, avatar generation, and voice cloning — process biometric data, including facial geometry and voiceprints. By using these features, you represent and warrant that:

• You have obtained explicit, informed consent from any identifiable individual whose face, likeness, image, or voice you upload to or process through our Services.
• You have the lawful right to use, process, and modify the facial likeness, image, or voice in connection with our AI generation tools.
• You will not upload or process the facial likeness or voice of any individual under the age of 18.
• You will not use generated content depicting any individual's likeness or voice for purposes that are defamatory, harassing, fraudulent, deceptive, or otherwise unlawful.
• You accept full legal liability for any claims arising from your use of another person's likeness or voice through our Services, including but not limited to claims related to privacy, right of publicity, personality rights, defamation, or emotional distress.

We reserve the right to request proof of consent at any time. Failure to provide satisfactory proof of consent upon request may result in immediate account termination and deletion of associated content. We may retain records of the content and user information for law enforcement purposes.

You agree to indemnify and hold Imagera AI harmless from any and all claims, damages, losses, and expenses (including legal fees) arising from your failure to obtain proper consent or your unauthorized use of any individual's likeness or voice through our Services.

10.9 Voice Cloning — Specific Consent Requirements

The use of our voice cloning and voice generation features is subject to specific legal requirements that vary by jurisdiction. By using voice cloning features, you represent, warrant, and agree that:

• Consent Requirement: You have obtained explicit, informed, and documented consent from the owner of any voice you upload or clone. Consent must be specific to the purpose for which the cloned voice will be used and must be revocable by the voice owner at any time.
• Tennessee ELVIS Act Compliance: You will not use our Services to clone, reproduce, or simulate any individual's voice for commercial purposes without their express, written authorization, as required by the Tennessee Ensuring Likeness Voice and Image Security Act (ELVIS Act) and similar state laws.
• California Civil Code §3344 Compliance: You will not use any individual's voice, as reproduced through our voice cloning tools, for advertising, selling, or soliciting without the individual's prior consent.
• Prohibition on Deceptive Voice Cloning: You will not use cloned voices to impersonate individuals for fraudulent purposes, including but not limited to phone scams, identity theft, social engineering attacks, or creating false impressions that an individual has made statements they did not make.
• Record Keeping: You must retain evidence of consent from voice owners for as long as you use the cloned voice and for a minimum of 3 years after the last use. We may request proof of consent at any time, and failure to provide it may result in immediate account termination.
• Indemnification: You agree to indemnify and hold Imagera AI harmless from any and all claims, damages, losses, and expenses arising from your use of voice cloning features, including claims by individuals whose voices have been cloned without proper authorization.

10.10 Face Upload and Processing — Specific Consent Requirements

Our face swap, face enhancement, head swap, skin detailing, and avatar generation features require the upload and processing of facial images. By uploading facial images to our Services, you acknowledge and agree that:

• Self-Use: If you are uploading your own face, you provide informed consent to the collection, processing, and temporary storage of your facial geometry data for the purpose of AI generation.
• Third-Party Faces: If you are uploading the face of another individual, you must have that individual's explicit, informed, and documented consent before upload. The consent must cover: (a) the collection and processing of their facial geometry data; (b) the specific use case (e.g., face swap, avatar generation); and (c) the individual's right to revoke consent at any time.
• Prohibited Face Uploads: You must not upload: (a) the face of any individual under the age of 18; (b) the face of any individual without their knowledge and consent; (c) faces obtained from public sources (social media, news, etc.) without the depicted individual's consent; (d) faces of deceased individuals where doing so would violate the rights of their estate or surviving family members.
• BIPA Compliance (Illinois Residents): If you are an Illinois resident or upload facial images of Illinois residents, the Illinois Biometric Information Privacy Act (BIPA) requires specific written consent before the collection of biometric identifiers (including facial geometry). By using face-related features, you acknowledge that: (a) Imagera AI is collecting biometric identifiers (facial geometry); (b) the purpose of collection is to provide AI generation features; (c) biometric data will be stored until you delete the content or your account; and (d) biometric data will not be sold, leased, traded, or otherwise profited from.
• Processing: Uploaded facial images are processed on secure, isolated AI infrastructure. We do not use uploaded faces for model training, identification, surveillance, or any purpose other than providing the requested AI generation output.
• Other Biometric and Health-Data Laws; Allocation of Roles: Biometric-privacy laws beyond those named above may apply to you, including the Texas Capture or Use of Biometric Identifier Act, the Washington My Health My Data Act (which treats biometric data as consumer health data and provides a private right of action), and similar laws of other states and countries. Where you upload or process the face, voice, or any other biometric identifier of a person other than yourself, then as between you and Imagera AI, you — not Imagera AI — are the party that collects and possesses that data for the purposes of such statutes, and you are solely responsible for providing any statutorily required notice, obtaining any required consent or authorization, honoring any revocation, and complying with all retention and destruction requirements. Imagera AI processes such uploads solely as your service provider, on your instructions, for the sole purpose of returning the Output you request, and acquires no right to use such biometric identifiers for its own purposes beyond the licences granted in these Legal Terms for operating and providing the Services. You will indemnify us under Section 26 for any claim under any biometric or health-data statute arising from media you upload.

10.11 Right of Publicity and Personality Rights

You acknowledge that individuals have legal rights to control the commercial use of their name, image, likeness, voice, and other identifiable aspects of their identity ("personality rights" or "right of publicity"). These rights are protected under Canadian common law, provincial statutes (including Ontario tort law), and the laws of many other jurisdictions.

You agree not to use our Services to:

• Create commercial content using any individual's likeness or voice without obtaining appropriate licenses, releases, or authorizations.
• Generate content that could be construed as a false endorsement, testimonial, or sponsorship by any individual.
• Exploit any individual's identity for commercial gain without their authorization.
• Create synthetic media that misrepresents any individual's views, statements, or actions.

You are solely responsible for ensuring that your use of AI-generated content complies with all applicable personality rights and right of publicity laws in your jurisdiction and the jurisdiction of any depicted individual. Imagera AI is not responsible for verifying whether users have obtained the necessary rights or consents.

10.12 Universal Terms Applicable to All AI Features and Services

A. Universal Input Consent and Responsibility.

By uploading, submitting, or providing any input to any feature of the Services — including but not limited to images, photographs, videos, audio recordings, voice samples, text prompts, reference files, and any other media ("User Inputs") — you represent and warrant that:

• You own the User Inputs or have obtained all necessary rights, licenses, consents, and permissions to use them with the Services.
• If your User Inputs contain the likeness, face, body, voice, name, or any identifiable aspect of any third party, you have obtained that individual's explicit, informed consent for the specific use you intend.
• Your User Inputs do not depict, reference, or involve any individual under the age of 18 in any context that could be harmful, exploitative, or inappropriate.
• Your User Inputs do not infringe the intellectual property rights, privacy rights, personality rights, moral rights, or any other legal rights of any third party.
• You have the legal authority to grant Imagera AI the right to process your User Inputs for the purpose of providing the requested AI-generated output.

B. Universal Output Responsibility.

All outputs generated through any feature of the Services — including but not limited to images, videos, audio, music, voices, avatars, enhanced media, and any other AI-generated content ("Outputs") — are your sole responsibility. You acknowledge and agree that:

• You are solely responsible for reviewing all Outputs before use, distribution, or publication.
• You are solely responsible for ensuring that your use of Outputs complies with all applicable laws, regulations, and third-party rights in every jurisdiction where the Outputs are used or distributed.
• You will not use Outputs to deceive, defraud, harass, threaten, defame, impersonate, or cause harm to any individual or entity.
• You will not use Outputs to create non-consensual intimate imagery, revenge pornography, or any sexual content depicting real individuals without their consent.
• You will not use Outputs to interfere with elections, spread disinformation, or manipulate public discourse.
• You will disclose that Outputs are AI-generated wherever required by law, platform policy, or where a reasonable person could be misled into believing the content is authentic.
• AI-generated Outputs may unintentionally resemble real individuals, existing works, or protected content. You accept this inherent risk and are responsible for any consequences of such resemblance.

C. Universal Prohibition on Harmful Use.

Regardless of which feature or tool you use, the following uses of the Services are strictly prohibited:

• Generating any content that exploits, endangers, sexualizes, or harms minors in any way.
• Creating deepfakes, synthetic media, or manipulated content intended to deceive others into believing a real person said, did, or endorsed something they did not.
• Making any individual appear to speak words they never spoke (via lip sync, avatar, voice cloning, or any combination of features).
• Cloning or reproducing any individual's voice without their explicit consent.
• Training AI models (via LoRA training or any other feature) on the face, likeness, voice, or style of any individual without their explicit consent.
• Using generated music, vocals, or audio to impersonate real artists, musicians, or public figures without authorization.
• Creating fraudulent evidence, falsified documents, or synthetic media intended for use in legal proceedings, insurance claims, or financial transactions.
• Circumventing or attempting to circumvent any content safety filters, age restrictions, or moderation systems implemented by Imagera AI.
• Using any feature in a manner that violates applicable laws, including but not limited to privacy laws, biometric data laws, right of publicity laws, copyright laws, criminal laws, and consumer protection laws.

D. Universal Indemnification.

You agree to indemnify, defend, and hold harmless Imagera AI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of any feature of the Services.
• Any User Inputs you provide to the Services.
• Any Outputs generated through your use of the Services.
• Your failure to obtain required consents, licenses, or permissions.
• Your violation of any applicable law, regulation, or third-party right.
• Any third-party claim arising from your use of the Services, including claims related to privacy, intellectual property, right of publicity, defamation, emotional distress, or biometric data.

E. Universal Disclaimer.

Imagera AI provides tools for AI content generation. We do not review, approve, endorse, or verify the legality of any User Inputs or Outputs. We do not provide legal advice. The inclusion of any feature in our Services does not constitute a representation that use of that feature is legal in your jurisdiction or for your intended purpose. The availability of a feature does not imply permission to use it in any manner that would violate applicable law or third-party rights. You should seek independent legal counsel if you are unsure whether your intended use of any feature is lawful.

F. Future Features.

These Universal Terms apply to all features currently offered by the Services and to any features, tools, or capabilities added in the future. When we introduce new features, your use of those features will be governed by these Universal Terms, the Content Safety and Acceptable Use Policy (Section 10), and any supplemental terms specific to the new feature. We may update these Terms to address new features, and your continued use of the Services constitutes acceptance of any such updates.

10.13 Mature Content and Unrestricted Creation Mode

Certain features may offer an optional "unrestricted" or mature-content mode. This mode is disabled by default and is available only after you complete an explicit consent step, including an age attestation and an electronic signature. If you enable or use any such mode, the following terms apply in addition to — never instead of — everything else in this Section 10:

• Adults only — verification. Mature-content modes are available only to users who are at least 18 years of age (or the age of majority in their jurisdiction, whichever is higher). We may require age or identity verification at any time and may suspend access to these modes until verification is completed. Misrepresenting your age is a material breach of these Terms.
• Fictional, AI-generated adult characters only. Mature content may depict only fictional, entirely AI-generated characters who are adult in appearance and context. Generating sexual, intimate, nude, or semi-nude content depicting any real, identifiable person is prohibited unless you hold that person's explicit, documented, revocable consent (Sections 10.2 and 10.8), and is absolutely prohibited in the case of minors regardless of any claimed consent.
• Absolute prohibitions are mode-independent. The prohibitions in Section 10.1 (CSAM) and Section 10.2 (non-consensual intimate imagery) apply with full force in every mode. No consent step, setting, toggle, or signature disables them. Any content that depicts, references, or sexualizes minors — real or synthetic, in any style — is prohibited and will be reported as described in Section 10.1.
• No "nudifying" of real people. Using any feature, in any mode, to remove or alter the clothing of a real person in an image, or to sexualize an image of a real person, is prohibited.
• Private creation only. Mature-content modes exist for private creation surfaces within your own account. Community, showcase, and other public surfaces of the Services remain governed by Section 12, which prohibits obscene or lewd public Contributions. Do not post mature content to any public surface of the Services.
• You are solely responsible for legality and distribution. You are responsible for ensuring that generating, possessing, and distributing mature content is lawful in your jurisdiction and in every jurisdiction where you distribute it, and for complying with the rules and disclosure requirements of any third-party platform where you publish it (see Section 11).
• Moderation always applies. Automated safety systems operate in every mode, including unrestricted modes. We may block prompts, refuse generations, remove content, and suspend or terminate accounts in our sole discretion. Enabling a mature-content mode does not exempt any request from moderation, and blocked or refused requests do not entitle you to any refund or credit restoration (see our Refund Policy).
• We may withdraw the mode. We may modify, restrict, or discontinue any mature-content mode, in whole or in part, at any time without notice, compensation, or refund.

10.14 Naturalization and Photorealism Features — Permitted Purpose; No Circumvention

Our naturalization and photorealism features (including our Real Camera and image-humanizing tools) adjust the photographic character of images for one purpose: aesthetic realism in creative work. These features do not alter, and are not a substitute for, any obligation you have to disclose that content is AI-generated: regardless of how an Output looks, what processing has been applied to it, or how any third-party detection tool scores it, you remain fully responsible for complying with every AI-content disclosure, labeling, and provenance requirement applicable to you — including the EU AI Act, the California AI Transparency Act, and equivalent laws in any jurisdiction — and with the authenticity and disclosure policies of any platform, institution, or counterparty to which you submit content (Sections 11.1 and 11.2).

You must not use these features or their outputs to:

• Circumvent, defeat, or degrade any AI-content detection, content-authenticity, provenance, moderation, identity-verification, or review system of any platform, marketplace, institution, insurer, examination body, court, or government agency, where the outcome of that system carries legal, contractual, academic, or eligibility consequences;
• Present AI-generated media as an authentic photograph or recording in any claim, application, listing, verification, or evidentiary context, or otherwise represent synthetic content as authentic where disclosure is required by law or where the synthetic nature of the content is material to any person, institution, or reviewing body; or
• Remove, obscure, or invalidate any watermark, content credential, or machine-readable AI-provenance marking, whether applied by us or by any third party (see also Section 11.5).

Any such use is a material breach of these Terms. You bear sole responsibility for any consequence a third party imposes — including account bans, listing removals, claim denials, or penalties — arising from where and how you present naturalized output, and Section 26 (Indemnification) applies in full to any claim arising from such use.

10.15 Custom Trained Models

Custom models you train through the Services (including LoRA models) are hosted artifacts derived from your training inputs; all representations in Sections 10.8 through 10.12 apply to those inputs. You acknowledge and agree that:

• Trained models are private to your account, are not transferable, and may be run only within the Services.
• We may disable or permanently delete a trained model, without notice, refund, or compensation, where we receive a takedown notice or a consent revocation from any person whose likeness, voice, or work the model embodies; where the model or its outputs violate these Terms; where required by law or legal process; or where the underlying base model or infrastructure is modified or discontinued.
• Credits spent on training are consumed by the training run itself and are not refundable if the model is later deleted or disabled under this Section or by you.
• Trained models and their training data are permanently deleted upon account deletion.
• We do not warrant that any trained model will remain available, produce consistent results over time, or remain compatible with future versions of the Services.

11. AI-GENERATED CONTENT AND RESPONSIBLE USE

All content generated through our Services is created by artificial intelligence models. You acknowledge and agree that:

• AI-generated content may not always be accurate, complete, or suitable for your intended purpose.
• You are solely responsible for reviewing, verifying, and determining the appropriateness of all AI-generated content before use.
• You are solely responsible for ensuring that your use of AI-generated content complies with all applicable laws, regulations, and ethical standards in your jurisdiction.
• We do not guarantee that AI-generated content will be free from errors, biases, or unintended outputs.
• Commercial licensing is granted for AI-generated outputs created through the Services, but you remain responsible for ensuring your use does not violate any third-party rights.
• We reserve the right to refuse generation requests or terminate accounts that we believe, in our sole discretion, are using the Services to generate harmful, illegal, or unethical content.
• The quality, speed, and availability of AI models used in the Services may change at any time without notice.
• AI-generated outputs may unintentionally resemble real individuals, existing works, copyrighted material, or trademarked content. We make no guarantee that any output is unique, original, or non-infringing. You are solely responsible for reviewing outputs and obtaining any necessary clearances before use, particularly commercial use.
• We do not verify, endorse, or guarantee the legal fitness of any AI-generated content for any specific purpose. You should seek independent legal advice before using AI-generated content in connection with real individuals, brands, or sensitive contexts.
• AI-generated content may contain artifacts, inaccuracies, biases, or unintended representations. You accept these inherent limitations of AI technology.
• You are responsible for disclosing that content is AI-generated where required by applicable law, platform policies, or ethical standards. Some jurisdictions require AI-generated content to be labeled as such.

11.1 EU AI Act — Deepfake Transparency Obligations (Article 50)

If you are located in the European Union, or if you distribute AI-generated content to recipients in the European Union, you are subject to the transparency obligations under the EU AI Act (Regulation 2024/1689), which become applicable from August 2, 2026. Specifically:

• Mandatory Disclosure: Under Article 50(4), any person who generates or causes the generation of synthetic audio, image, video, or text content that constitutes a "deep fake" must clearly and conspicuously disclose that the content has been artificially generated or manipulated. This applies to content generated through our Services.
• Machine-Readable Labeling: Where technically feasible, AI-generated content should be marked in a machine-readable format that indicates it was artificially generated. We may embed metadata in outputs where our technology permits, but you remain responsible for maintaining any such labels and for applying additional disclosures required by the AI Act.
• Penalties: Non-compliance with AI Act transparency obligations may result in administrative fines of up to €35,000,000 or 7% of total worldwide annual turnover, whichever is higher. These penalties apply to deployers (users) who fail to disclose that content is AI-generated.
• Your Responsibility: Imagera AI provides the tools to generate content. You, as the deployer, bear full responsibility for complying with AI Act disclosure requirements in any jurisdiction where you distribute AI-generated content. We do not monitor or enforce your compliance with the AI Act in downstream uses of generated content.

11.1A Prohibited Practices and High-Risk Uses

In addition to the transparency obligations above:

• You must not use the Services for any practice prohibited by Article 5 of the EU AI Act, including social scoring, exploitative manipulation of vulnerable persons, biometric categorization inferring sensitive characteristics, emotion recognition in workplaces or educational institutions, untargeted scraping of facial images to build facial-recognition databases, or real-time remote biometric identification.
• The Services are general-purpose creative tools and are not designed, intended, or authorized for incorporation into any high-risk AI system within the meaning of the EU AI Act, or for making or materially informing consequential decisions about individuals — including decisions concerning employment, credit, insurance, housing, education, healthcare, access to essential services, law enforcement, migration, or the administration of justice.
• If you nonetheless integrate the Services or any Output into such a system or use, you do so without our authorization, you act as the sole provider and deployer of that system, you assume every obligation that the EU AI Act and any equivalent law (including state automated-decision and AI-governance laws) places on providers and deployers, and you will indemnify us under Section 26 for any resulting claim, fine, or penalty.

11.2 AI Content Labeling and Disclosure Requirements

Multiple jurisdictions now require or are implementing requirements for AI-generated content to be labeled or disclosed. By using our Services, you acknowledge and agree to the following obligations:

• General Disclosure Duty: You must disclose that content was generated by AI when: (a) the content could reasonably be mistaken for authentic human-created content; (b) the content depicts the likeness, voice, or identity of a real person; (c) disclosure is required by the laws of your jurisdiction or the jurisdiction where the content is distributed; or (d) the platform where you publish the content requires such disclosure.
• Prohibition on Deceptive Use: You must not use AI-generated content in a manner that is intended to deceive any person into believing the content is authentic, non-synthetic, or human-created, except where clearly understood as fiction, satire, or creative expression.
• Political and Electoral Content: AI-generated content used in connection with elections, political campaigns, or public policy advocacy must be clearly and conspicuously labeled as AI-generated in compliance with applicable election laws.
• Commercial and Advertising Content: AI-generated content used in advertising, endorsements, or commercial communications must comply with applicable advertising standards and consumer protection laws, including the Canadian Competition Act.

11.3 Multi-Jurisdictional Deepfake and AI Content Compliance

You acknowledge that laws governing deepfakes, synthetic media, and AI-generated content vary significantly across jurisdictions and are rapidly evolving. As of the date of these Terms, relevant legislation includes but is not limited to:

• Canada: Criminal Code Section 162.1 (non-consensual intimate images), Bill C-63 (Online Harms Act, when enacted), and proposed deepfake-specific legislation.
• United States: The TAKE IT DOWN Act (federal, 2025); state deepfake laws in over 40 states including California (AB 602, AB 730), Texas (SB 751), Virginia, New York, and others; the Illinois Biometric Information Privacy Act (BIPA); Tennessee ELVIS Act (voice cloning); and California Civil Code Section 3344 (right of publicity).
• European Union: EU AI Act (Regulation 2024/1689), GDPR Article 9 (biometric data as special category data), and national implementations thereof.
• Other Jurisdictions: Various countries have enacted or are enacting legislation governing synthetic media. You are responsible for identifying and complying with all laws applicable to your use of the Services in your jurisdiction.

You are solely responsible for determining which laws apply to your use of our Services and for ensuring full compliance. Imagera AI does not provide legal advice and makes no representation that use of our Services will comply with the laws of any particular jurisdiction. You should seek independent legal counsel if you are uncertain about your obligations.

11.4 Third-Party AI Models and Infrastructure — Your Responsibility for Use

The Services provide access to AI models and processing infrastructure operated by third-party providers, presented through our unified interface. You acknowledge and agree that:

• Imagera AI is a platform and tool provider. We make AI models available as tools; we do not author, direct, or pre-approve the outputs those models produce in response to your prompts and inputs. Outputs are generated at your direction, from your inputs, and are your responsibility as set out in Sections 10.12 and 11.
• Ownership of Outputs. As between you and Imagera AI, and subject to your compliance with these Terms and payment of applicable fees, you own the Outputs you generate to the extent permitted by applicable law. We claim no editorial control over them — and, correspondingly, you bear sole responsibility for reviewing them and for any use you make of them, including clearing any third-party rights they may implicate.
• Models may change without notice. Underlying models, providers, versions, parameters, and safety behaviour may be modified, substituted, or discontinued at any time. Purchasing credits or a subscription does not guarantee the continued availability of any specific model, capability, style, or output characteristic, and such changes do not entitle you to any refund.
• Provider safety systems. Third-party providers operate their own safety and moderation systems and may refuse, filter, or alter requests independently of us. Such refusals are a normal part of operating AI services and are not a defect or service failure.
• No provider relationship. Your agreement is with Imagera AI alone. You have no contractual relationship with our upstream model or infrastructure providers, and nothing in these Terms grants you any rights against them.
• Outputs are not our speech. AI-generated Outputs do not represent the views, statements, or endorsements of Imagera AI. To the maximum extent permitted by law, we disclaim all liability arising from your reliance on, use of, or distribution of any Output.
• No representations regarding training data. The AI models made available through the Services were developed by third parties, and we have no visibility into or control over the datasets used to train them. We make no representation or warranty as to the composition, provenance, lawfulness, or licensing status of any model's training data, including whether it contained copyrighted works, trademarks, personal data, or biometric information, and Outputs may reflect patterns learned from such data. To the maximum extent permitted by law, we disclaim all liability for any claim premised on the data used to train any underlying model, and any such claim arising from your use or distribution of an Output remains your responsibility under Sections 10.12 and 26.

11.4A Intellectual-Property Status of Outputs

You acknowledge that the intellectual-property status of AI-generated content is unsettled and varies by jurisdiction:

• Content generated wholly or substantially by AI without sufficient human authorship may not qualify for copyright or other intellectual-property protection in many jurisdictions, including under United States law.
• We make no representation or warranty that you will hold any enforceable, registrable, or exclusive intellectual-property right in any Output.
• Outputs are not exclusive to you — other users may independently generate identical or substantially similar Outputs from similar prompts or inputs, and the ownership allocation in Section 11.4 operates only as between you and Imagera AI and grants you no rights against any third party.
• If you seek to register any Output with an intellectual-property office, you are solely responsible for any legally required disclosure of AI-generated material in the work.

References in these Terms to commercial licensing describe your permission from us to use Outputs commercially; they are not a warranty of protectability, registrability, exclusivity, or non-infringement.

11.5 Content Provenance and Watermarking

We or our upstream model providers may embed, attach, or preserve content-provenance signals in Outputs — such as metadata, content credentials (for example C2PA), or latent (invisible) watermarks — where technically feasible, and we may add, change, or discontinue any such mechanism at any time, including to comply with applicable law. We make no representation or warranty that any Output will contain any particular provenance signal, that any signal will be accurate, complete, or machine-readable, or that any signal will survive downloading, editing, cropping, compression, format conversion, or redistribution through third-party platforms, which commonly strip or alter metadata. The presence, absence, or loss of any provenance signal does not modify your own disclosure obligations under this Section 11 and is not a defect of the Services.

You must not deliberately remove, obscure, alter, disable, or circumvent — or assist or enable anyone else to deliberately remove, obscure, alter, disable, or circumvent — any provenance disclosure, watermark, or content credential that we or an upstream provider embed in an Output, except where such removal is expressly permitted by applicable law. Incidental metadata changes caused by ordinary editing, re-encoding, or use of the Services' own features are not a breach of this Section; using any feature for the purpose of defeating a provenance signal is.

11.6 No Professional Advice; No Safety-Critical Use

The disclaimers in Section 11B apply to the AI Companion; this Section applies to every Output of every feature. No Output — text, image, video, audio, music, voice, avatar, or other content — constitutes medical, psychological, legal, financial, tax, investment, insurance, engineering, or any other form of professional advice, and no professional-client or fiduciary relationship is created by your use of the Services. Outputs are generated by statistical models, may be inaccurate, incomplete, or misleading, and must not be relied upon as a factual record, as evidence, or as the basis for any decision affecting health, safety, legal rights, or finances; consult a qualified professional instead. You must not use the Services or any Output in safety-critical applications, including medical diagnosis or treatment, emergency response, or the operation of vehicles, aircraft, weapons, or industrial machinery, or in any context where failure or inaccuracy could lead to death, personal injury, or severe physical or environmental damage.

12. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services ("Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

13. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

We do not assert any ownership over your Contributions. 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 in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility regarding your Contributions.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases.

15. 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, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15.1 Platform Intermediary Status

Imagera AI acts as a technology platform and hosting intermediary for content that users direct, create, upload, and store using the Services. You acknowledge and agree that:

• We have no obligation to monitor, review, screen, or verify User Inputs, Outputs, or Contributions, and no such obligation arises from our voluntary operation of safety, filtering, or moderation systems.
• Any monitoring, filtering, blocking, removal, or moderation we perform is undertaken voluntarily, in our sole discretion and for our own protection, and does not constitute an assumption of any duty of care to you or to any third party, an endorsement or adoption of any content, or a waiver of any intermediary protection, safe harbour, or defence available to us under any law, including 47 U.S.C. § 230, section 31.1 of the Copyright Act (Canada), and Articles 6 through 8 of the EU Digital Services Act.
• We are not the publisher, speaker, author, or originator of any User Input, Output, or Contribution.
• Our failure to remove any content is not an endorsement of it, and our removal of any content is not an admission regarding its legality.
• To the maximum extent permitted by applicable law, and without limiting the commitments we expressly make in Section 18, no moderation action or inaction gives rise to any liability of Imagera AI to any person.

16. PRIVACY POLICY AND PIPEDA COMPLIANCE

We care about data privacy and security. As a company registered in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Please review our Privacy Policy: imagera.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

16.1 Personal Information Collection and Use

In accordance with PIPEDA, we collect, use, and disclose personal information only for purposes that a reasonable person would consider appropriate in the circumstances. We will:

• Obtain meaningful consent before collecting, using, or disclosing your personal information.
• Limit collection to information necessary for the identified purposes.
• Use and disclose personal information only for the purposes for which it was collected, except as required by law.
• Keep personal information accurate, complete, and up-to-date.
• Protect personal information with appropriate security safeguards.
• Make our privacy policies and practices transparent and accessible.

16.2 Your Privacy Rights

Under PIPEDA and applicable Canadian law, you have the right to:

• Access your personal information held by us.
• Request correction of inaccurate personal information.
• Withdraw your consent to the collection, use, or disclosure of your personal information (subject to legal or contractual restrictions).
• File a complaint with the Office of the Privacy Commissioner of Canada if you believe your privacy rights have been violated.

16.3 Data Storage and Cross-Border Transfers

Our Services may use infrastructure hosted in the United States and other jurisdictions. If you access the Services from any region with laws governing personal data collection, use, or disclosure that differ from Canadian or US law, your continued use of the Services constitutes your consent to the transfer of your data to these jurisdictions. We ensure that appropriate safeguards are in place for any cross-border transfers of personal information in accordance with PIPEDA requirements.

16.4 Breach Notification

In the event of a breach of security safeguards involving personal information that creates a real risk of significant harm, we will notify the affected individuals and the Office of the Privacy Commissioner of Canada as required by PIPEDA and the Breach of Security Safeguards Regulations.

17. ELECTRONIC COMMUNICATIONS AND CASL COMPLIANCE

As a Canadian company, we comply with Canada's Anti-Spam Legislation (CASL). By creating an account and using the Services, you consent to receive the following types of electronic communications:

17.1 Transactional and Service Communications

You will receive communications essential to the operation of your account, including: account verification, billing and payment confirmations, service updates, security alerts, and support responses. These communications are not subject to CASL opt-out requirements as they are necessary for the provision of the Services.

17.2 Commercial Electronic Messages (CEMs)

With your express consent, we may send you commercial electronic messages including promotional offers, product updates, newsletters, and marketing materials. In compliance with CASL:

• Each commercial message will clearly identify Imagera AI as the sender with our contact information.
• Each commercial message will include a functional unsubscribe mechanism.
• We will process unsubscribe requests within 10 business days.
• We will not send commercial messages to anyone who has unsubscribed.

17.3 Consent and Opt-Out

You may withdraw your consent to receive commercial electronic messages at any time by: using the unsubscribe link in any marketing email, updating your communication preferences in your account settings, or contacting us at support@imagera.ai. Opting out of marketing communications does not affect transactional or service-related communications necessary for your account.

17.4 Electronic Signatures and Records

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you 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, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions.

18. COPYRIGHT INFRINGEMENTS AND TAKEDOWN PROCEDURE

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, or if your likeness, voice, or identity has been used without your consent, please notify us immediately using the procedure below.

18.1 Designated Agent

Our designated agent for receiving infringement and takedown notifications is:

• Attention: Legal / Content Safety Team
• Email: support@imagera.ai
• Alternate Email: support@imagera.ai (with subject line "Takedown Request")

18.2 Filing a Takedown Notice

To submit a valid takedown notification, please provide the following information in writing:

• A description of the copyrighted work, likeness, or other right you claim has been infringed.
• A description of the infringing material and its location on our Services (e.g., URL or screenshot), sufficient for us to locate it.
• Your full name, mailing address, telephone number, and email address.
• A statement that you have a good faith belief that the use of the material is not authorized by the rights holder, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notification is accurate and that you are the rights holder or authorized to act on behalf of the rights holder.
• Your physical or electronic signature.

18.3 Response Timeline (Including TAKE IT DOWN Act Compliance)

Upon receiving a valid takedown notification, we will:

• Acknowledge receipt of the notification within 48 hours.
• For requests involving non-consensual intimate imagery (including AI-generated "digital forgeries"): remove or disable access to the identified content within 48 hours of receiving a valid notice, in compliance with the United States TAKE IT DOWN Act (effective 2025). If the same content reappears after removal, we will take reasonable steps to remove all known copies and prevent re-posting.
• For copyright and other takedown requests: review and, where appropriate, remove or disable access to the infringing content promptly, typically within 72 hours of receiving a valid notice.
• Notify the user who uploaded or generated the content that a takedown notice has been received, in accordance with Canada's notice-and-notice regime under the Copyright Act.
• Preserve a copy of the removed content and associated metadata for a minimum of six months for potential legal proceedings.

18.4 Counter-Notification

If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification to our designated agent containing:

• Identification of the material that was removed and its former location.
• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the courts of the Province of Ontario, Canada.
• Your physical or electronic signature.

18.5 Repeat Infringer Policy

We maintain a policy of terminating the accounts of users who are repeat infringers. A user will be considered a repeat infringer if they receive two or more valid takedown notices. We reserve the right to terminate accounts after a single notice in cases involving egregious or willful infringement.

18.6 Misrepresentation Warning

Please be advised that pursuant to applicable law you may be held liable for damages (including costs and attorneys' fees) if you make material misrepresentations in a takedown notification or counter-notification. If you are not sure that material on our Services infringes your rights, you should consult an attorney before submitting a notification.

18.7 Counter-Notice Processing and Restoration; Good-Faith Removal Immunity

This Section 18.7's forwarding and restoration mechanism applies to copyright takedown notices under Section 18.2 only. It never applies to non-consensual intimate imagery removed under Section 18.3, which is not restored on counter-notice. Upon receiving a counter-notification that complies with Section 18.4 in respect of a copyright removal, we will promptly forward a copy to the party that submitted the original takedown notice. Unless that party notifies us within ten (10) business days that it has commenced a court proceeding seeking to restrain the allegedly infringing activity, we may restore the removed material no earlier than ten (10) and no later than fourteen (14) business days following our receipt of the compliant counter-notification.

You agree that Imagera AI shall not be liable to you or to any other person for: (a) the good-faith removal or disabling of access to any material in response to a takedown notice, a non-consensual intimate imagery report, or our own determination that material may be infringing or unlawful, regardless of whether the material is ultimately determined to be infringing or unlawful; or (b) the good-faith restoration of material following a compliant counter-notification. We accommodate and do not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, where doing so is technically feasible and does not impose substantial costs on us.

18.8 Other Content Complaints

Complaints that content available on the Services is defamatory, invades privacy, infringes a trademark, or violates personality or publicity rights must be sent to our designated agent (Section 18.1) and must identify the specific content and its location, the complainant, and the legal basis of the complaint in the complainant's jurisdiction. For clarity: copyright claims follow Section 18.2; reports of non-consensual intimate imagery always follow Section 18.3 and its timelines; complaints that a likeness or voice was used without consent follow Section 18.3 where they concern intimate or sexual imagery, and otherwise follow this Section 18.8.

We will review complaints under this Section promptly and in good faith. However, we are an intermediary and are not in a position to adjudicate contested questions of fact or law between third parties, including the truth or falsity of statements. We may, in our sole discretion and without liability to any person: remove, restrict, or geo-block the content; require the complainant to obtain a determination from a court or arbitral tribunal of competent jurisdiction before we act; forward the complaint to the user who created the content; or decline to act. No action or inaction under this Section constitutes an admission, an endorsement, or an assumption of any duty, and the timelines in Section 18.3 do not apply to complaints under this Section.

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

21. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the federal laws of Canada and the laws of the Province of Ontario, without regard to conflict of law principles. You agree that any legal action or proceeding relating to these Legal Terms or the Services shall be subject to the jurisdiction of the courts of the Province of Ontario, Canada, and you consent to the exclusive jurisdiction and venue of such courts.

Notwithstanding the foregoing, applicable Canadian consumer protection legislation may provide you with certain rights that cannot be waived or limited by contract. Nothing in these Legal Terms shall be interpreted as excluding, restricting, or modifying the application of any mandatory consumer protection laws of your province or territory of residence.

22. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration administered under the ADR Institute of Canada's Arbitration Rules. The place of arbitration shall be the Province of Ontario, Canada. The language of arbitration shall be English.

Arbitration Opt-Out

You may opt out of this binding arbitration agreement within 30 days of first creating your account or first accepting these Terms by sending a written notice to support@imagera.ai with the subject line "Arbitration Opt-Out" and including your full name and the email address associated with your account. If you opt out, all disputes will be resolved exclusively in the courts of the Province of Ontario, Canada as set out in Section 21. Opting out of arbitration does not affect any other provision of these Legal Terms.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Nothing in this section shall prevent either Party from seeking interim or injunctive relief from a court of competent jurisdiction in the Province of Ontario, except as limited by the "Jury Waiver; Equitable Relief" subsection below.

Small Claims Option; Consumer Savings; Arbitration Costs

Notwithstanding Section 21, and as a further exception to binding arbitration, either Party may bring an individual claim within the monetary jurisdiction of the Small Claims Court of Ontario (or the small-claims or equivalent court of your province, territory, state, or country of residence, if it has jurisdiction), provided the claim remains in that court on an individual, non-class, non-representative basis. Where law of your place of residence that cannot be waived by contract — including the Consumer Protection Act (Ontario), the Consumer Protection Act (Quebec), or the consumer law of an EU or UK jurisdiction — entitles you to bring a consumer claim before your local courts or renders pre-dispute arbitration or the class waiver unenforceable against you, this Section 22 applies only to the extent that law permits, and the remainder of these Legal Terms is unaffected. For any consumer Dispute that proceeds to arbitration in which you seek less than CAD $10,000, the arbitration shall, at your request, be conducted on written submissions or by videoconference, and we will pay the arbitrator's and administering institution's filing and administration fees to the extent they exceed what you would have paid to file the claim in the Small Claims Court of Ontario, unless the arbitrator determines the claim was frivolous or brought in bad faith. This subsection preserves individual access to dispute resolution and does not limit or affect the class-action waiver above.

Jury Waiver; Equitable Relief

To the extent any Dispute proceeds in court rather than arbitration — including following a valid arbitration opt-out or under the Exceptions above — you and Imagera AI each irrevocably waive, to the fullest extent permitted by applicable law, any right to trial by jury, and agree the Dispute shall be decided by a judge sitting alone. To the fullest extent permitted by applicable law, your sole and exclusive remedy for any Dispute is an award of monetary damages subject to Section 25, and you waive any right to seek injunctive, specific, or other equitable relief that would restrain or interfere with the operation, modification, suspension, or termination of the Services or of any account or feature. This waiver does not extend to claims for public injunctive relief where a waiver of such claims is unenforceable; any such claim shall proceed in court on an individual basis. The Exceptions above determine the forum for claims; they do not themselves create any entitlement to injunctive relief. This subsection does not limit our right to seek injunctive relief as described in the Exceptions, or any right you have under mandatory applicable law that cannot be waived by contract.

23. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. 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.

24. DISCLAIMER

25. LIMITATIONS OF LIABILITY

Time Limit on Claims. To the maximum extent permitted by applicable law — and, for greater certainty, without varying any limitation period that applicable consumer protection or limitations legislation makes non-waivable — any Dispute arising out of or relating to these Legal Terms or the Services must be commenced, by delivering the written notice of informal negotiation under Section 22 or by filing in a forum permitted by these Legal Terms, within one (1) year after the date on which the cause of action accrues. Any Dispute not commenced within that period is permanently barred.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective members, officers, agents, partners, employees, or anyone acting on our behalf from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services; or (7) any content you generate using the Services that causes harm to any third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

27. USER DATA AND MEDIA STORAGE RETENTION

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Media storage retention. Storage of generated and uploaded media is a convenience feature of the Services, not an archival or backup service. Stored video files are subject to plan-based retention windows — from 7 days on free or lapsed accounts up to 90 days on the highest paid tiers, as disclosed in your plan's features and our Privacy Policy — after which they are automatically and permanently deleted. We may introduce or adjust retention windows for other media types with reasonable notice. You are responsible for downloading any content you wish to keep before its retention window ends. Automatic deletion of media at the end of its disclosed retention window is expected behaviour of the Services, is not a defect or service failure, and does not entitle you to any refund, credit restoration, or compensation. Credits spent generating content are consumed by the act of generation itself, not by storage.

27.1 Legal Process and Government Requests

We may access, preserve, and disclose your account information, User Inputs, Outputs, Contributions, and usage records in response to valid legal process, including subpoenas, court orders, disclosure orders (including Norwich Pharmacal or similar orders), preservation demands, and lawful requests from law enforcement or government authorities. You consent to such disclosure, including disclosure of information identifying you, where we determine in good faith that the process is valid or that disclosure is otherwise permitted or required by law. Legal process originating outside Canada must be validly issued and enforceable against us under the laws of Canada and the Province of Ontario; we may, but are not required to, comply voluntarily with foreign process where compliance is lawful. Where permitted by law and practicable, we may notify you before disclosure, but we are not obliged to do so and will not where prohibited or where we believe notice would risk harm, evidence destruction, or interference with an investigation. We may seek reimbursement of our reasonable costs of compliance where permitted by law. We shall have no liability to you or to any third party for good-faith compliance with, objection to, or response to any legal process or governmental request.

27.2 Preservation and Legal Holds

Notwithstanding any deletion request, retention period, or other provision of these Terms or the Privacy Policy, we may preserve and retain your account records, User Inputs, Outputs, Contributions, generation logs, and related metadata, in unaltered form and for as long as reasonably necessary, where: (a) we receive a preservation demand, subpoena, court order, or other legal process; (b) we are required to preserve material under applicable law, including preservation obligations attaching to reports of child sexual abuse material and records retained under Canada's notice-and-notice regime (including for one year where court proceedings are commenced); (c) litigation, arbitration, a regulatory investigation, or a payment dispute involving the material is pending or reasonably anticipated; or (d) preservation is reasonably necessary to establish, exercise, or defend legal claims, including our own. Material preserved under this section is held solely for the applicable purpose, is not restored to your account, and is deleted when the preservation purpose ends. A deletion request does not defeat a preservation obligation under this section, and our compliance with this section is not a breach of any deletion commitment.

28. EXPORT CONTROLS AND SANCTIONS COMPLIANCE

You are responsible for compliance with all applicable Canadian and United States export control laws and economic sanctions regulations, including but not limited to the Export and Import Permits Act (Canada), the Special Economic Measures Act (Canada), regulations administered by Global Affairs Canada, and regulations administered by the U.S. Office of Foreign Assets Control (OFAC).

By using the Services, you represent and warrant that:

• You are not located in, or a resident or national of, any country subject to Canadian or U.S. government embargoes or sanctions.
• You are not named on any Canadian or U.S. government list of prohibited, denied, or sanctioned parties, including the Consolidated Canadian Autonomous Sanctions List or the OFAC Specially Designated Nationals list.
• You will not use the Services to export, re-export, transfer, or otherwise make available any content, software, or technology in violation of applicable export control or sanctions laws.

We reserve the right to suspend or terminate your access to the Services immediately and without refund if we determine, in our sole discretion, that your use of the Services violates or may violate applicable export control or sanctions laws.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding 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. These Legal Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Assignment; Enurement. You may not assign, transfer, delegate, or sublicense these Legal Terms, your account, or any of your rights or obligations under them — including, for certainty, any claim or cause of action against us arising out of or relating to these Legal Terms or the Services — whether voluntarily, involuntarily, by operation of law, or otherwise, without our prior written consent, and any attempted assignment or transfer in violation of this section is void and of no effect. We may assign these Legal Terms and any of our rights and obligations under them without restriction, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Legal Terms bind and benefit the Parties and their respective permitted successors and assigns.

Survival. Sections 2 (including your Submission assignments and Contribution licenses), 6, 7.7, 8 (including all evidence, chargeback, and cost-recovery provisions), 9, 10, 11, 11B, 13, 18 (including its evidence-preservation commitments), 19, and 21 through 29, together with any other provision that by its nature should survive, shall survive any suspension or termination of your account, your access to the Services, or these Legal Terms, however arising, and shall continue to apply to all use of the Services and all events occurring before such termination.

No Third-Party Beneficiaries; Protected Parties. Except as expressly stated in this section, these Legal Terms are for the sole benefit of you and Imagera AI, and nothing in them, express or implied — including the Prohibited Activities (Section 9), the Content Safety and Acceptable Use Policy (Section 10), the responsible-use provisions (Section 11), and the takedown procedures (Section 18) — confers on any other person or entity any right, benefit, remedy, or claim, or any right to enforce any provision of these Legal Terms, whether as a third-party beneficiary or otherwise. Our content policies and safety systems are adopted and operated in our sole discretion for our own purposes; they are not a promise to, may not be relied upon by, and create no duty of care toward any person who is not a party to these Legal Terms. Our members, officers, directors, employees, agents, affiliates, and licensors (the "Protected Parties") are intended third-party beneficiaries of, and may rely on and directly enforce, Sections 24 (Disclaimer), 25 (Limitations of Liability), and 26 (Indemnification) as if they were parties to these Legal Terms.

No Reliance; No Oral Modification; Precedence. In agreeing to these Legal Terms you have not relied on any statement, representation, warranty, or promise not expressly set out in them, and, to the maximum extent permitted by law, you waive any claim based on any such statement other than one made fraudulently. No employee, contractor, or support agent has authority to modify these Legal Terms, waive any provision of them, or grant any refund, credit, or exception beyond what these Legal Terms and the Refund Policy expressly provide; any purported promise to the contrary is of no effect unless set out in a written amendment identified as such and issued by an authorized officer of Imagera AI. In the event of any conflict among the documents governing your use of the Services, the order of precedence is: (1) these Legal Terms; (2) the Refund Policy; (3) any feature-specific supplemental terms — except that the collection, use, retention, and protection of personal information are governed by the Privacy Policy.

Notices. Any legal notice to Imagera AI under these Legal Terms — including the written notice commencing informal negotiations under Section 22 and any demand or claim — must be sent by email to support@imagera.ai with the subject line "Legal Notice" (or, for an arbitration opt-out, the subject line specified in Section 22; or, for takedown and counter-notices, the procedures and subject lines in Section 18), and is deemed received on the first business day after transmission. Messages sent through any other channel (including in-app chat, social media, or messages to individual personnel) do not constitute legal notice. We may give you any notice under these Legal Terms by email to the address registered to your account or by posting within the Services; such notice is deemed received on the first business day after the email is sent or, for posted notices, the first time you access the Services thereafter. You are responsible for keeping your registered email address current. Nothing in this section limits any method of service of process permitted by applicable procedural law, and nothing in it alters the statutory channels described in Section 30.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Language. The parties have expressly requested that these Terms and all related documents be drawn up in English. Les parties ont expressément demandé que ces conditions et tous les documents y afférents soient rédigés en anglais.