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; (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.

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. All payments shall be in US dollars.

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.

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

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.

7.6 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.

8. REFUNDS

8.1 No Refunds — General Rule

All purchases — including credit packages, subscription fees, and add-on packages — are final and non-refundable upon completion of the transaction, except as expressly provided in Section 8.2 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 at account creation; 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 detailed records for a minimum of 24 months, including: account registration records and consent timestamps; all credit and subscription transaction records; generation logs (timestamps, credit costs, completion status); support communications; and IP addresses and device information. 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.

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.

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 IP addresses, device fingerprints, 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.

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.

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.

11.2 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.

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.

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.

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.

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

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

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.

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 may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

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.