Terms of Service

Last updated: November 26, 2024

1. Acceptance of Terms

By accessing and using Imagine That AI - Holiday Card Creator ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

Imagine That AI - Holiday Card Creator provides AI-powered photo transformation services that allow users to create holiday-themed images from their uploaded photos. The Service includes:

  • Access to AI photo transformation templates
  • Photo upload and processing capabilities
  • Customization options for generated images
  • Download of watermarked preview images (free)
  • Purchase of high-definition, unwatermarked images

3. User Accounts

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. User Content and Uploads

By uploading photos to our Service, you represent and warrant that:

  • You own or have the necessary rights to upload and use the photos
  • You have obtained consent from all individuals appearing in the photos
  • The photos do not violate any third-party rights, including copyright, trademark, privacy, or publicity rights
  • The photos do not contain illegal, harmful, threatening, abusive, or offensive content

You retain all ownership rights to your uploaded photos. By using our Service, you grant us a limited, non-exclusive license to process, store, and transform your photos solely for the purpose of providing the Service.

5. Prohibited Uses

You agree not to use the Service to:

  • Upload photos of individuals without their consent
  • Upload photos containing nudity, violence, or illegal content
  • Violate any local, state, national, or international law
  • Infringe upon or violate our intellectual property rights or the rights of others
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • Submit false or misleading information
  • Attempt to bypass any security features or access restrictions
  • Use automated systems (bots, scrapers) without our express written permission
  • Interfere with or disrupt the Service or servers

6. Payments and Refunds

Pricing: Prices for our services are displayed on our website and may be changed at any time. Current pricing includes free watermarked previews and paid high-definition downloads.

Payment Processing: All payments are processed securely through Stripe. By making a purchase, you agree to provide current, complete, and accurate payment information.

Refund Policy: Due to the digital nature of our service and immediate delivery of transformed images, all sales are final. We do not offer refunds except in cases where:

  • Technical errors prevented delivery of your purchased image
  • The delivered image is corrupted or unusable due to our system error
  • You were charged incorrectly due to a billing error

Refund requests must be submitted within 7 days of purchase to [email protected] with proof of the issue.

7. Intellectual Property Rights

Our Content: The Service, including all content, features, functionality, templates, and AI models, is owned by Imagine That AI - Holiday Card Creator and is protected by copyright, trademark, and other intellectual property laws.

Generated Images: You own the rights to images generated from your uploaded photos. Once you purchase a high-definition image, you may use it for personal or commercial purposes, including:

  • Social media sharing
  • Printing for personal greeting cards
  • Commercial printing services
  • Personal or business marketing materials

You may not resell or redistribute our templates, AI models, or Service functionality.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the quality, accuracy, or reliability of AI-generated results
  • Warranties that defects will be corrected

We do not guarantee that AI transformations will meet your specific expectations, as results may vary based on input photo quality and other factors.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Imagine That AI - Holiday Card Creator SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Damages arising from your use or inability to use the Service
  • Damages resulting from unauthorized access to your account or data
  • Damages arising from third-party content or conduct

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Imagine That AI - Holiday Card Creator, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property or privacy rights
  • Photos you upload to the Service

11. Data Retention and Deletion

We retain your uploaded photos and generated images for the following periods:

  • Original uploaded photos: Automatically deleted within 30 days of upload
  • Generated images: Stored indefinitely in your account unless you delete them
  • Account data: Retained until you request account deletion

You may request deletion of your account and all associated data by contacting [email protected]. We will process deletion requests within 30 days.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last updated" date
  • Sending email notification to registered users (for significant changes)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • At our sole discretion for any other reason

Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts located in the United States.

15. Severability

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

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: [email protected]

Website: https://cards.imaginethatai.com

By using Imagine That AI - Holiday Card Creator, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.