This Terms of Service Agreement (the “Agreement”) is entered into by WhatsGoodApps LLC, the entity or person agreeing to these terms (referred to as “Customer,” “You,” or “Your”), and governs Your access to and use of the ImageThinker.com website and associated services (the “Services”).
1. Service Availability and Quality
1.1. Service Modifications: ImageThinker.com reserves the right to modify and change the Services, including the features, functionality, and assets generated by the Service. We do not guarantee the quality, stability, uptime, or reliability of the Services.
1.2. No Dependencies: You are advised not to create any dependencies on the Services or the Assets. ImageThinker.com will not be liable for any harm caused by Your reliance on the Service.
1.3. No Warranties: The Services and Assets are provided “AS IS” without warranties or conditions of any kind, including, but not limited to, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
1.4. Suspension or Termination: ImageThinker.com reserves the right to suspend or terminate Your access to the Services at any time and for any reason. You may not use the Services for competitive research or reverse engineer the Services. Automated tools are not permitted for accessing or interacting with the Services.
2. Age Requirements
2.1. User Age: By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are under the required age, Your parent or guardian must agree to these terms on Your behalf.
2.2. Parental Responsibility: If You are a parent or guardian allowing Your teenager to use the Services, these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
3. Your Information
By using the Services, You may provide ImageThinker.com with personal information as outlined in our Privacy Policy.
4. Copyright and Trademark
4.1. Rights Granted: By using the Services, You grant ImageThinker.com a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, prepare derivative works, publicly display, and distribute the text and image prompts You input into the Services or Assets produced by the Service at Your direction.
4.2. Ownership: You own the Assets You create with the Services, provided they were created in accordance with this Agreement. Exceptions apply if You are using the Services on behalf of an employer with over $1,000,000 USD in annual gross revenue.
5. DMCA and Takedowns Policy
For our Digital Millennium Copyright Act (DMCA) and takedown procedures, please refer to our separate DMCA and Takedowns Policy.
6. Dispute Resolution and Governing Law
6.1. Governing Law: All legal claims arising out of or relating to this Agreement (“Dispute”) will be governed by the laws of the State of [Your State], USA, excluding [Your State]’s conflicts of laws rules.
6.2. Arbitration: Disputes will be resolved through arbitration by the [Arbitration Organization], conducted in [City, State], in accordance with its rules.
6.3. Injunctive Relief: Either party may seek injunctive relief in a competent court to protect its rights pending arbitration.
7. Unlimited Service and Rate Limiting
If You purchase an unlimited plan, ImageThinker.com reserves the right to impose rate limits to maintain service quality.
8. Payment and Billing
8.1. Invoicing: We may invoice You for Your use of the Services through a third-party payment service provider, subject to their terms of service.
8.2. Cancellation: You may cancel Your plan at any time, and we reserve the right to terminate Your access to the Service for violations of the Community Guidelines or other inappropriate use.
9. Community Guidelines
Please adhere to our Community Guidelines as outlined separately on the website.
10. Limitation of Liability and Indemnity
We provide the service as is and do not guarantee profits, goodwill, or data. You are responsible for Your use of the service, and we will not be involved in disputes.
11. Miscellaneous
11.1. Force Majeure: Neither party will be liable for failure or delay in performance due to circumstances beyond its control.
11.2. No Agency: This Agreement does not create an agency, partnership, or joint venture between the parties.
11.3. Severability: If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
11.4. No Third-Party Beneficiaries: This Agreement does not confer benefits on any third party unless explicitly stated.
11.5. Survival: Provisions and obligations in this Agreement will survive its termination.
By using ImageThinker.com and its Services, You agree to abide by the terms and conditions outlined in this Agreement.
Terms Of Service – AI
TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (the “Agreement”) is entered into by WhatsGoodApps LLC, the entity or person agreeing to these terms (referred to as “Customer,” “You,” or “Your”), and governs Your access to and use of the ImageThinker.com website and associated services (the “Services”).
1. Service Availability and Quality
1.1. Service Modifications: ImageThinker.com reserves the right to modify and change the Services, including the features, functionality, and assets generated by the Service. We do not guarantee the quality, stability, uptime, or reliability of the Services.
1.2. No Dependencies: You are advised not to create any dependencies on the Services or the Assets. ImageThinker.com will not be liable for any harm caused by Your reliance on the Service.
1.3. No Warranties: The Services and Assets are provided “AS IS” without warranties or conditions of any kind, including, but not limited to, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
1.4. Suspension or Termination: ImageThinker.com reserves the right to suspend or terminate Your access to the Services at any time and for any reason. You may not use the Services for competitive research or reverse engineer the Services. Automated tools are not permitted for accessing or interacting with the Services.
2. Age Requirements
2.1. User Age: By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are under the required age, Your parent or guardian must agree to these terms on Your behalf.
2.2. Parental Responsibility: If You are a parent or guardian allowing Your teenager to use the Services, these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
3. Your Information
By using the Services, You may provide ImageThinker.com with personal information as outlined in our Privacy Policy.
4. Copyright and Trademark
4.1. Rights Granted: By using the Services, You grant ImageThinker.com a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, prepare derivative works, publicly display, and distribute the text and image prompts You input into the Services or Assets produced by the Service at Your direction.
4.2. Ownership: You own the Assets You create with the Services, provided they were created in accordance with this Agreement. Exceptions apply if You are using the Services on behalf of an employer with over $1,000,000 USD in annual gross revenue.
5. DMCA and Takedowns Policy
For our Digital Millennium Copyright Act (DMCA) and takedown procedures, please refer to our separate DMCA and Takedowns Policy.
6. Dispute Resolution and Governing Law
6.1. Governing Law: All legal claims arising out of or relating to this Agreement (“Dispute”) will be governed by the laws of the State of [Your State], USA, excluding [Your State]’s conflicts of laws rules.
6.2. Arbitration: Disputes will be resolved through arbitration by the [Arbitration Organization], conducted in [City, State], in accordance with its rules.
6.3. Injunctive Relief: Either party may seek injunctive relief in a competent court to protect its rights pending arbitration.
7. Unlimited Service and Rate Limiting
If You purchase an unlimited plan, ImageThinker.com reserves the right to impose rate limits to maintain service quality.
8. Payment and Billing
8.1. Invoicing: We may invoice You for Your use of the Services through a third-party payment service provider, subject to their terms of service.
8.2. Cancellation: You may cancel Your plan at any time, and we reserve the right to terminate Your access to the Service for violations of the Community Guidelines or other inappropriate use.
9. Community Guidelines
Please adhere to our Community Guidelines as outlined separately on the website.
10. Limitation of Liability and Indemnity
We provide the service as is and do not guarantee profits, goodwill, or data. You are responsible for Your use of the service, and we will not be involved in disputes.
11. Miscellaneous
11.1. Force Majeure: Neither party will be liable for failure or delay in performance due to circumstances beyond its control.
11.2. No Agency: This Agreement does not create an agency, partnership, or joint venture between the parties.
11.3. Severability: If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
11.4. No Third-Party Beneficiaries: This Agreement does not confer benefits on any third party unless explicitly stated.
11.5. Survival: Provisions and obligations in this Agreement will survive its termination.
By using ImageThinker.com and its Services, You agree to abide by the terms and conditions outlined in this Agreement.