By using ImageKraft AI (hereinafter referred to as “the service”), you agree to be bound by the following terms and conditions:
1. Use of the Service
The Service is an online AI Image Generator that allows you to create images using artificial intelligence algorithms. You may use the Service only for lawful purposes and in accordance with these Terms of Service. You are responsible for ensuring that all content you create using the Service complies with applicable laws and regulations.
2. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ImageKraft AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3. User Content
The Service allows you to create and upload your own content, including images and text (hereinafter referred to as “User Content”). You retain all rights in, and are solely responsible for, the User Content you create and upload using the Service. By creating and uploading User Content, you grant ImageKraft AI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
4. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate ImageKraft AI, an ImageKraft AI employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by ImageKraft AI, may harm ImageKraft AI or users of the Service or expose them to liability.
5. Disclaimer of Warranties
The Service is provided “as is” and “as available” without any representations or warranties, express or implied. ImageKraft AI does not warrant that the Service will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Service. ImageKraft AI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
6. Limitation of Liability
To the fullest extent permitted by law, in no event shall ImageKraft AI or its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, including but not limited to direct, indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with your use or inability to use the Service or any User Content, even if ImageKraft AI has been advised of the possibility of such damages. In no event shall ImageKraft AI’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, to access or use the Service during the twelve (12) months prior to the date of the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless ImageKraft AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
8. Governing Law and Jurisdiction
These Terms of Service and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Changes to Terms of Service
ImageKraft AI may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes.
10. Contact Information
If you have any questions or comments about these Terms of Service, please contact us at info.imagekraft.ai.