Terms of Use

These Terms of Use (“Terms”) are an agreement between you and ImagineAI LLC (“ImagineAI,” “we,” “us”). By creating an account or using our websites, apps, and services (the “Service”), you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

You consent to receive notices, disclosures, and other communications about the Service and your account electronically, including by email to the address on your account or by in-product notice. Keep your account email current so you receive them.

If you access the Service through a school, district, or program, the Student Privacy Terms and any signed student data privacy agreement (for example, the National Data Privacy Agreement (NDPA) or the Massachusetts Student Data Privacy Agreement) govern Student Data and that use, and control over these Terms to the extent of any conflict. Nothing in these Terms modifies, reduces, or waives those agreements.

• You must be at least 13 years old to create your own account without parental consent.
• If you are 13 to 17, you may use the Service only with the permission of a parent or guardian who has reviewed and agrees to these Terms on your behalf.
• Children under 13 may use the Service only (a) through a school, district, or program under the Student Privacy Terms, or (b) with a personal account created through our parental consent process, in which a parent or guardian receives our notice, provides verifiable consent, and gives the child a claim code to finish signup.
• You must give truthful age information at signup. Accounts created by misrepresenting age may be suspended or closed, and we may re-verify age or consent where we have reason to believe the information was inaccurate.
• You are responsible for ensuring your use of the Service is lawful where you live.

• If you consent to your child's use of the Service, these Terms apply to you and to your child's use, and you are responsible for that use and for supervising it as you consider appropriate.
• You can revoke your consent, review your child's information, or ask us to delete it at any time, as described in the children's privacy section of our Privacy Policy. Revoking consent may end your child's access to the Service.
• Where our Parent Controls features are available, you can use them to manage your child's account settings. We use Kids Web Services (an Epic Games service) solely to verify that a parent or guardian is an adult. Where private Friends is enabled, each linked adult can approve, decline, or later sever a child friend connection; a code or one adult's approval alone does not connect the children.

• Provide accurate registration information and keep it current.
• Keep your login credentials secure; you are responsible for activity under your account.
• Notify us promptly at kyle@imagineai.one if you suspect unauthorized use.

• Some features require a paid plan. Before you purchase, we disclose the price, the billing cycle, any charges that will recur, and how to cancel. Web payments are processed by our payment provider (Stripe); purchases in our mobile apps are billed by your app store (for example, Apple) through its own payment system.
• Auto-renewal. Paid plans renew automatically for successive periods at the then-current price until you cancel. You consent to the renewal terms at checkout, and we will notify you before any price increase takes effect so you can cancel first.
• Trials and promotional offers. If we offer a free or discounted trial that converts to a paid plan, we will tell you before you accept it the date by which you must cancel to avoid being charged and how to cancel.
• Cancel anytime. For web purchases, you can cancel through your account settings or by emailing kyle@imagineai.one, and cancellation is at least as easy as signing up. For app-store purchases, cancel through your app-store subscription settings. Your plan remains active through the end of the current billing period and does not renew after that.
• Except where required by law or expressly stated, fees already paid are non-refundable. Refunds for app-store purchases are handled by the app store under its policies. Prices are exclusive of applicable taxes.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own permitted purposes. You may not resell, sublicense, or make the Service available to others except as the Service expressly allows.

• You own your content.You retain ownership of the content you provide (“Input”) and, as between you and ImagineAI, the books, text, images, and audio you create with the Service (“Output”).
• You grant ImagineAI a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, store, and display your content solely to operate, provide, support, and secure the Service for you, and — if you publish content as described in Section 9 — to display it publicly for as long as you keep it published. This license ends when you delete the content or your account, except for content you have shared with others to the extent they retain access, and for copies in routine backups until those expire.
• We own the Service. ImagineAI owns and retains all rights in the Service, including its software, AI systems, designs, and brand. You receive only the license in Section 7.
• If you send us feedback or suggestions, we may use them freely to improve the Service.

• Some features let you share content beyond your account — for example, submitting a book to our public story feed, maintaining a public author page, or sharing to a classroom library. Content you publish publicly can be viewed by anyone, along with the author name attached to it.
• Public publishing requires an account aged 13 or over, and we review submissions before listing them. Accounts for children under 13 cannot publish publicly. Classroom sharing stays within the classroom and is subject to teacher control.
• Private Friends, where enabled, is not public publishing. Children use a generated author identity rather than a public Profile, both linked-adult sides approve the connection, and a book owner must separately invite the connected friend to a specific book before collaboration access exists. The feature does not provide public child search, a public friend graph, a social feed, or direct messaging.
• You can unpublish or delete your published content at any time, and it will stop being distributed through the Service, though copies others already made may persist.
• Only publish content you have the rights to share, and do not publish content that includes another person's personal information without their permission.
• We may decline, remove, or delist published content at our discretion, including for violations of Section 11.

• The Service uses artificial intelligence to generate text, images, audio, and video. When you chat or create with the Service, you are interacting with AI, not a human. AI can produce inaccurate, unexpected, or inappropriate results; Output is generated for your review.
• You are responsible for reviewing and verifying Output before relying on, publishing, printing, or sharing it, and for ensuring your Input, Output, and use comply with the law and do not infringe anyone's rights.
• Similar or identical Output may be generated for other users. We do not warrant that Output is original, accurate, or protectable by copyright; under current US Copyright Office guidance, purely AI-generated material is not copyrightable, and the law for AI-assisted works continues to develop.

You agree not to use the Service to:

• break the law or infringe intellectual property, privacy, or other rights;
• create or share content that is harmful, harassing, hateful, sexually explicit, violent, or that exploits or endangers minors in any way;
• upload another person's personal information without permission;
• circumvent or attempt to circumvent our safety systems, age protections, or content rules, or misrepresent your age or identity;
• reverse engineer, scrape, disrupt, probe, or attempt to gain unauthorized access to the Service, or use it (or any content obtained from it) to build a competing product or to train competing AI models;
• use automated means to access the Service except through interfaces we provide;
• impersonate others or misrepresent your affiliation.

We may remove content and suspend or terminate accounts that violate these rules.

• We may (but are not obligated to) review, filter, or remove content on the Service, including with automated tools, to enforce these Terms and keep users safe.
• Because young people use ImagineAI, our systems may flag content that suggests a user is at risk of harm. Flagged content may be reviewed by authorized ImagineAI personnel, and we may notify a parent, guardian, or teacher, or contact appropriate authorities in an emergency.
• If we remove your content or restrict your account, you may ask us to review the decision by emailing kyle@imagineai.one.

You may not submit content that infringes another person's copyright or other rights. We may remove allegedly infringing material and terminate repeat infringers. Copyright notices may be sent to the agent listed on our Copyright / DMCA Notice.

If you order printed books or other physical products, they are produced and shipped by third-party print and fulfillment partners (currently Lulu), and your order is subject to the pricing, shipping, and any return terms presented at checkout. We share the book file, recipient name, and shipping address with the print partner to fulfill your order. Because printed books are custom-made from your content, they cannot be restocked; if an order arrives damaged or misprinted, contact us at kyle@imagineai.one and we will work with you on a reprint or refund. You are responsible for the content you submit for printing and for having the rights to reproduce it.

The Service relies on third parties, including payment processing (Stripe and app stores), AI model providers, print fulfillment, and hosting and storage providers. Their terms and privacy practices apply to their portion of the Service, and we are not responsible for third-party services. The service providers we use and how they handle personal information are described in our Privacy Policy.

Our handling of personal information is described in our Privacy Policy, including our children's privacy notice. For use through a school or program, our Student Privacy Terms apply to Student Data.

The Service and all Output are provided “as is” and “as available.” To the fullest extent permitted by law, ImagineAI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

To the fullest extent permitted by law, ImagineAI will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data. Our total liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us in the 12 months before the claim, or (b) US $100.

Nothing in these Terms limits or excludes liability for fraud, gross negligence, or willful misconduct, or any liability or right that cannot be limited or excluded under applicable law (including your rights under Mass. Gen. Laws ch. 93A).

To the fullest extent permitted by law, you agree to defend and indemnify ImagineAI against third-party claims arising from your content, your use of the Service, or your violation of these Terms or applicable law. This section does not apply where prohibited by law and does not require you to indemnify us for claims arising from our own misconduct.

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you breach these Terms or to protect the Service or other users; where practical, we will tell you why and give you a chance to respond. On termination, your license ends; where the Service offers export, you may export your content beforehand, and we may delete content in accordance with our retention practices and Privacy Policy. Sections that by their nature should survive termination (including Sections 8, 17, 18, 19, 21, and 22) survive.

We may update these Terms from time to time. For material changes, we will give at least 14 days' advance notice (for example, by email or in-product notice) before the updated Terms take effect, except for changes required by law or needed for safety, which may take effect sooner. Continued use after changes take effect means you accept the updated Terms; if you do not agree, stop using the Service and cancel any subscription before the changes take effect. We may also modify or discontinue features of the Service.

• Talk to us first. Before filing a claim, email kyle@imagineai.one with a description of the dispute. We will try in good faith to resolve it informally, and neither of us will start formal proceedings for 60 days after that notice (except to seek urgent injunctive relief or preserve a limitations deadline).
• Small claims. Either of us may bring an individual claim in small claims court where you live or in Plymouth County, Massachusetts.
• Governing law and courts. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules. Except where applicable law gives you the right to bring a claim elsewhere, the state and federal courts located in Plymouth County, Massachusetts have exclusive jurisdiction, and both parties consent to their jurisdiction.

If you use our app from the Apple App Store or another app store: these Terms are between you and ImagineAI, not the app store. The app store has no obligation to provide maintenance or support for the app and is not responsible for addressing any claims relating to it (including product liability, legal compliance, or IP claims). Apple and its subsidiaries are third-party beneficiaries of these Terms for your use of the iOS app and may enforce them against you. You represent that you are not located in an embargoed country and are not on any US government restricted-party list.

These Terms, together with the Privacy Policy and, where applicable, the Student Privacy Terms, are the entire agreement between you and ImagineAI regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them, including in connection with a financing, merger, or sale. These Terms do not create any partnership, agency, or employment relationship. We are not responsible for delays or failures caused by events outside our reasonable control.

ImagineAI LLC (Massachusetts, USA)
Email: kyle@imagineai.one