Welcome to https://imagiflux.net (the “Website”)!
Please read these Terms and Conditions (the “Terms”) carefully before accessing, using or obtaining any materials, information, products or services through the Website. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms to make sure that they contain all that you want and nothing that you are not happy with or do not accept. If you do not accept all of these Terms and any other additional terms, conditions, and policies that may be referenced here and/or available by hyperlink at the Website, then you may not use the Website or our Services.
By accessing, using our Website, Services or Content you agree to be bound by these Terms, our Privacy Notice, Cookie Notice and any other additional terms, conditions, and policies that may be referenced here and/or available by hyperlink at the Website (collectively the “Terms of Use”), which shall collectively constitute a binding contract between you (referred to as "you" or the "user") and BLOGWIZARRO LTD, registry code: 15937766, registered address: 13 Pendrill Street, Hull, United Kingdom, HU3 1UU (referred to as "we," "us," or the "Company").
The Terms of Use shall apply to all users of the Website, Services or Content, including without limitation users who are browsers, customers, suppliers of the company, representatives of other legal entities etc.
By accessing or using any of our Website or Platform in any way or by completing the registration process for User Account, you represent and warrant that you have read, understood, and agree to be bound by Terms of Use and, in jurisdictions where consent is required for the Company to process your personal data, you consent to the collection, use, and storage of your personal data as outlined in our Privacy Notice and Cookie Notice (the “Acceptance”).
1. Terms and Definitions:
For the purposes of these Terms the following terms shall have the following meaning:
“API” refers to application programming interface provided by OpenAI (see detailed at https://openai.com/about);
“Business Days” referees to a day (other than Saturday, Sunday or public holiday) when banks and governmental authorities in England are open for business at the same day;
“Platform” refers to our Website, Content and Services represented at the Website;
“User Account” refers to the personal account created by a user on our Platform to access and utilize its features and resources;
“AI Image Generation Technology” refers to the advanced AI technology powered by API;
“Content” refers to any materials, including text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, and more, that are included or available on the Platform;
“User-Generated Content” refers to the content created by users on our Platform, which may include artwork, visuals, and other materials;
“Intellectual Property” refers to any intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or any other proprietary rights;
“Privacy Notice” refers to the document that outlines how we collect, use, and protect the personal information of our users, which can be found on our Platform;
“Point (s)” refers to as internal virtual items which may be used by the user within the Platform for ordering services.
2. Modifications:
Please note that we may modify or amend Terms of Use for any reason at any time by posting a new version on the Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of the Platform following the posting of modified Terms of Use will be subject to the Terms of Use in effect at the time of your use. Please review the Terms of Use periodically for changes. If you object to any provision of the Terms of Use or any subsequent modifications to the Terms of Use or become dissatisfied with the Platform in any way, your only recourse is to immediately terminate use of the Platform.
The Company retains the right to occasionally modify, suspend, or cease this Website, Services and/or its Content without prior notice, at its sole discretion. We retain the right to adjust, suspend, or discontinue any part of our Platform at our discretion. We bear no responsibility for any losses or damages resulting from such alterations.
3. Service Description:
Our online Platform provides users with access to AI Image Generation Technology, allowing users create artworks and visuals. The Platform offers various features, tools, and resources to enhance the user experience. These features may include but are not limited to image filters, editing tools, templates, and artistic effects.
DISCLAIMER: OUR SERVICES ARE PROVIDED FOR PERSONAL NON-COMMERCIAL HOME USE ONLY. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF OUR SERVICES. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS, AND THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS OR ACTIONS YOU TAKE OR AUTHORIZE THIRD-PARTIES TO TAKE ON YOUR BEHALF BASED ON CONTENT YOU RECEIVE AS A USER OF OUR SERVICES.
4. User Eligibility:
To use our Platform, you must be at least 18 years old or have the consent of a parent or guardian.
Access to and use of our Platform may be restricted or prohibited in certain jurisdictions or territories due to legal or regulatory requirements. The following territories are specifically restricted: Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea (North Korea), Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia territories etc.) and any other jurisdiction where it would be illegal under applicable laws and regulations with regard to the Company. Please note that this list may change as necessary to maintain strict adherence to all applicable legal requirements.
By using our Platform, you represent and warrant that you meet the eligibility requirements.
5. User Account:
To access certain features of our Platform, you may need to create a User Account by signing up at the Website. You are responsible for maintaining the confidentiality of your User Account information and fully responsible for all activities that occur under your User Account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
The User Account creation process may involve providing certain personal information, such as your full name, email address, phone number, password and other information indicated in the relevant form as compulsory. You must ensure that the information provided during registration is accurate, complete, and up to date.
You further acknowledge that providing false, misleading, or fraudulent information may result in the termination of your User Account and/or the restriction of access to our Platform.
We reserve the right, at our sole discretion, to terminate or suspend your User Account or restrict your access to our Platform without prior notice if we have reasonable grounds to believe that you have violated any provision of these Terms or engaged in unauthorized or fraudulent activities.
6. Payment and Delivery Policy:
Account Top-up: To access certain features or services on our Platform, you may be required to top up your User Account with funds in exchange for Points, which should allow you to acquire and utilize additional resources, tools, or premium features available on the Platform. Users are able to replenish their Points balance at conversion rate 1 (one) Euro equals 1 (one) Point, by purchasing ready-made packages or topping up any amount (if such option is available at the Platform).
Points Policy: The Company hereby grants you a non-transferable, non-exclusive, revocable, limited license to use your Points solely within a Platform in order to acquire our Services in connection with your User Account through which you purchased Points. Your Points may only be redeemed toward the purchase of Services within the Platform. Points are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the Platform, bought not in the manner stipulated herein.
Points do not expire. Notwithstanding the foregoing, Company has absolute control over all Points and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Point as it sees fit and without any liability.
Unless another defined herein, Points are nonrefundable. Company's obligation to you regarding purchased Points will be deemed performed upon transfer of the Points to your User Account. Other than a limited, revocable, non-transferable license to use the Points on the Platform, you have no right in or title to such Points.
Pricing: The pricing for account top-ups and other services on our Platform is clearly stated on the Website. The prices are subject to change at our discretion, and any changes will be communicated in advance (if feasibly possible).
Payment Methods: We accept credit cards and debit VISA, Mastercard cards or other payment method which may be available on the Website. You are responsible for providing accurate and valid payment information. By providing payment details, you represent and warrant that you are authorized to use the chosen payment method.
Refunds and Cancelations: Account top-ups converted into Points are non-refundable, unless stated otherwise in these Terms.
You qualify for a refund under the following conditions:
• If you encounter technical issues with a purchased Service that prevent you from using or accessing it, please contact our customer support team via support@imagiflux.net. If we cannot resolve the issue within 5 Business Days, we will issue a refund of your Points used for purchasing specific package of Services at our Platform;
• If you spot unauthorized charges on your User Account related to purchases, reach out to our customer support team immediately. We will investigate, and if the charges are found to be unauthorized, we will issue a refund;
• If there is a payment error, such as an overcharge or incorrect billing, contact our customer support team with evidence of the error, and we will promptly address the issue, which may include issuing a refund;
• We may also issue a refund if we identify potentially fraudulent transactions or in other situations where a refund is necessary to protect our interests and ensure the integrity of our Website.
We do not typically offer refunds when refund requests made after 14 days from the purchase date.
If you are a consumer and resident of the EEA, United Kingdom or Switzerland, you have a mandatory cancellation right to cancel an order when purchasing Points within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the delivery of the Points.
To exercise the right of cancelation, you must inform us via support@imagiflux.net.
Subject to applicable laws or these Terms, the refund shall be made without undue delay and in any event not later than 14 days from the day on which we accept you claim for cancelation or you become eligible for cancelation in accordance with applicable law. To the extent permitted by law, we may extend the mentioned period for refund to up to 1 month depending on your payment provider. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly instructed us otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Taxes and Fees: The prices for account top-ups and Services on our Platform may be subject to applicable taxes, duties, or fees imposed by governmental authorities. You are solely responsible for any such taxes or fees associated with your use of the Platform.
Third-Party Payment Processors: We may utilize third-party payment processors to facilitate User Account top-ups and handle payment transactions. The use of third-party payment processors is subject to their terms and conditions, and we are not responsible for any actions, errors, or omissions by such third parties.
Purchase and Delivery: When you top up your User Account, the converted Points will be added to your user balance immediately. You can start using these Points for eligible Services and features on our Platform without delay. Upon successful payment for Services that require the creation of artwork or other deliverables, you will receive the result (artwork) directly to your account within 2 Business Days. The delivery timeframe may vary depending on the specific service or project requirements, and any deviations from this standard timeframe will be communicated to you in advance. We strive to ensure a timely and efficient delivery process to meet your expectations. If you encounter any issues or delays in receiving your artwork, please do not hesitate to contact our customer support team for assistance.
7. Intellectual Property Rights:
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, related to the platform, its Services, design, source code, and any content contained within them (excluding user-generated content) are owned by or licensed to us. You may not reproduce, distribute, modify, or create derivative works from any part of the platform without our prior written consent. The Company owns or holds licenses to all intellectual property rights associated with this website, its Services, design, source code, and any content contained within them. This includes but is not limited to text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, and more.
The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@imagiflux.net with the following information:
• description of the copyrighted work that you claim has been infringed;
• description of where the material that you claim is infringing is located on the Website;
• your contact information, including your name, address, telephone number, and email address;
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company undertakes to remove any content or materials on its Website that infringe upon the intellectual property rights of others. All trademarks, service marks, trade names, logos, and other designations used on this Website are the property of their respective owners. You may not use any of these marks or logos without the prior written consent of the owner.
All trademarks, service marks, trade names, product names, and logos featured on the Website belong to their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, or recommendation by the Website, nor does it imply endorsement, sponsorship, or recommendation by the owners of these trademarks, service marks, trade names, product names, and logos. Nothing on this Website should be construed as granting the right to use any trademark or other intellectual property belonging to the Company or any third party.
8. User-Generated Content:
By using our Platform, you may generate content, including artwork, visuals, and other materials. As a user of our Platform, you retain all copyright rights and ownership over the content you generate using our AI Image Generation Technology. Any artwork, visuals, or other materials created by you on our Platform are considered your intellectual property.
You are solely responsible for ensuring that the content you generate on our Platform does not infringe upon the intellectual property rights of others. By using our Platform, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share the content you create.
9. Prohibited Conduct:
Your access to and use of the Services are governed by these Terms as well as all applicable laws and regulations. You are prohibited from:
• accessing or using the Services if you are not legally competent to agree to these Terms;
• making unauthorized copies, modifying, adapting, translating, reverse engineering, disassembling, decompiling, or creating derivative works from the Services or any included content, including software, unless expressly permitted by these Terms or applicable law;
• distributing, licensing, transferring, or selling any part of the Services or derivative works;
• marketing, renting, or leasing the Services for a fee, or using the Services to advertise or solicit commercially, unless another directly prescribed herein;
• using the Services for commercial, political, or unauthorized purposes without our written consent, including advertising, solicitation, or spamming;
• interfering with or attempting to disrupt the Services or our Website, or bypassing any security measures we employ;
• incorporating the Services or any part of them into another program or product;
• using automated tools to collect information from or interact with the Services;
• impersonating others or misrepresenting your affiliation with any person or entity, including misrepresenting content as originating from the Services;
• using another’s account or system without authorization from the Company;
• using the Services in a way that conflicts with or undermines their intended purpose;
• trading, selling, or duplicating Services unless expressly permitted by the Company;
• uploading or transmitting files that contain harmful software, unauthorized advertising, personal information, intellectual property infringements, defamatory content, or any material that is illegal, offensive, or intended to harm or provoke others;
• providing answers or recommendations without proper licensing or qualifications;
• restricting or inhibiting others' use of the Services or exposing the Company, Services, or users to harm or liability;
• attempting to gain unauthorized access to our Platform or other User Accounts;
• interfering with or disrupting the Platform's functionality or security;
• engaging in any activity that may cause harm to our platform, users, or third parties.
• violating any applicable laws, regulations, or third-party rights.
We reserve the right to remove or disable your access to the Services, including your Points, at our discretion, with or without prior notice, for violating these Terms.
Please note that if your usage is continually excessive, unfair, affects other users' enjoyment of our Services, or is not consistent with the usage we would typically expect on your current package, we reserve the right to suspend or terminate your ability to access the Services.
10. Privacy:
We are committed to protecting your privacy and handling your personal information in accordance with our Privacy Notice. By using our Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Notice.
11. Disclaimer of Warranties:
The information, products, and services provided on the Platform are offered on an "as is" and "as available" basis. The Company makes no warranties or representations of any kind, whether express or implied, regarding the operation of THE Platform or the information, content, materials, products, or services provided TO YOU BY THE COMPANY.
Your use of PLATFORM is at your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, both express and implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Company does not guarantee that PLATFORM, its servers, or any emails sent from the Website are free of viruses or other harmful components.
The Company will not be liable for any delays, interruptions, or failures in providing its services due to factors beyond its reasonable control. The Company does not ensure the accuracy, completeness, or usefulness of any information on the Platform and does not endorse any opinions, advice, or statements made.
The Company is not affiliated with or endorsed by OpenAI or other rightsholders.
12. Limitation of Liability:
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any user for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Company has been advised as to the possibility of such damages or could have foreseen such damages.
The Company shall not be held liable to the user regarding the use of the Platform, its Content, software, services, hyperlinks, or materials contained in or accessed through the Platform. This includes, without limitation, any damages resulting from the user's reliance on any information obtained from the Company, as well as damages arising from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. Such damages may occur irrespective of whether they result from acts of God, communication failures, theft, destruction, fraud, or unauthorized access to the Company's records, programs, platforms, or services.
13. Third Party Links:
We may post links to third party websites on the Website that are not owned or operated by us. Please be aware that we are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites
14. Indemnification:
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of our platform or violation of these Terms.
15. Term and Termination
(a) Term. These Terms shall be effective as of the date of Acceptance (as defined above in the preamble) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination by you. If you want to terminate the Terms, you may do so by closing your User Account and ceasing to use the Service.
(c) Termination by us. We reserve the right to terminate or suspend your User Account or access to any or all of the Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice. It is within our sole discretion and determination to terminate your User Account for what we deem to be a violation or breach of Terms of Use or applicable laws.
(d) Effect of Termination. In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Points acquired during your use of the Service. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your User Account (or any part thereof). To the fullest extent permitted by law, Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Content.
(e) You agree that the provisions in sections 7, 11, 12, 14, 16 herein shall survive for 10 (ten) years after any termination of the Terms.
16. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts located in England.
17. Out-of-court Dispute Resolution:
The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Company and the user arising from these Terms.
18. Severability:
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Headings
The headings in these Terms are inserted for convenience of reference only and do not affect the interpretation of these Terms.
20. Force Majeure
The Company shall not be liable for any event beyond that party’s reasonable control, such as a war, pandemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event.
21. Entire Agreement:
These Terms, along with our Privacy Notice, Cookie Notice, constitute the entire agreement between you and us regarding your use of our platform and supersede any prior agreements or understandings.
If you have any questions or concerns regarding these Terms, please contact us at support@imagiflux.net.
Last updated: 10.01.2025
