Imajinn AITerms of Service

Imajinn AI is currently owned and operated by UglyRobot, LLC.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Imajinn AI, acceptance is expressly limited to these Terms.

Use of our Services requires an Imajinn AI account. You agree to provide us with complete and accurate information when you register for an account.

Data

If you are using the Imajinn AI service, the following applies:

• We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
• If you lose access to your Imajinn AI account or cancel your membership, you will not be able to access your media files or data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
• You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

Stored AI models and concepts may be archived after 21 days of inactivity. Accounts will be marked as ‘inactive’ automatically if one of the following occurs:

• The subscription invoice is overdue.

We will send multiple warning emails before data is archived.

API Services

Imajinn AI services provides an API to integrate with other applications.

If you are using our connected API Services, the following applies:

• You must maintain an active subscription with Imajinn AI to make use of API services.
• API services use an assigned an API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.
• Violation of any of these terms may result in the immediate termination of API access and/or your Imajinn AI membership.
• We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.

Prohibited Uses

When using Imajinn AI Services, you agree not to:

• Violate any state, federal or foreign laws or regulations;
• Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights);
• Publish, host, or transmit content that is defamatory, slanderous or trade libelous;
• Publish, host, or transmit content that is threatening or harassing;
• Publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
• Disclose the sensitive personal information of others;
• Distribute material that is or enables malware, spyware, adware, or other malicious code;
• Send spam or bulk unsolicited messages;
• Interfere with, disrupt, or attack any service or network;
• Store or create Adult content, images, videos, or GIFs that show real-life human genitals or female-presenting nipples —this includes content that is so photorealistic that it could be mistaken for featuring real-life humans. Certain types of artistic, educational, newsworthy, or political content featuring nudity are fine. Don’t upload any content, including images, videos, GIFs, or illustrations, that depicts sex acts;
• Resell, share, or publish Imajinn AI credentials or access;

You should not attempt to generate or share generated:

• NSFW, lewd, or sexual material
• Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc.
• Personal information about yourself or any other person.  This includes but is not limited to phone numbers, residential addresses, social security numbers, drivers license numbers, account numbers, etc.
• You must have permission of the person or copyright owner to train models and generate concepts in their likeness.
• Copyrighted or trademarked material should be avoided in prompts.
• See full license restrictions for Imajinn below.

Payments & Subscriptions

Imajinn AI services require an active paid subscription – including AI model creation, concept generation, and hosting of data and images (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.

We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

Refunds

If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting your request.

Refunds requested are issued at the discretion of our support staff based on product usage. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.

Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.

Free Trials

Your membership may include a free trial. We require you to provide your payment details to start a free trial. You will not be charged until the end of your free trial period.

Free trials are regulated by a few simple rules outlined below:

• Only one free trial is allowed per person or business ever. Creating a duplicate account in order to get multiple free trials is forbidden.
• When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel.
• By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.

You can cancel your free trial at any time. If you cancel during your free trial, any updates, API services, and support will end immediately, however, you will be able to continue using the Imajinn AI plugin on as many sites as you like. Information on canceling a paid membership can be found in the Payments & Subscriptions section.

Support

We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.

Support is provided by submitting a ticket for ongoing follow-up and tracking.

We commit to having our support team respond within 24 hours. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.

Security

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Imajinn AI of any unauthorized uses of its services, its account, or any other breaches of security.

Legal Notices

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Our Services are provided “as is.” Imajinn AI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Imajinn AI nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Alabama, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Birmingham, Alabama.

In no event will Imajinn AI, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Imajinn AI under this Agreement during the twelve (12) month period prior to the cause of action. Imajinn AI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Imajinn Usage License and Restrictions

CreativeML Open RAIL-M dated August 22, 2022

Section I: PREAMBLE

Multimodal generative models are being widely adopted and used, and have the potential to transform the way artists, among other individuals, conceive and benefit from AI or ML technologies as a tool for content creation.

Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations.

In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the Model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. At the same time, we strive to promote open and responsible research on generative models for art and content generation.

Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include – at minimum – the same use-based restrictions as the ones in the original license (this license). We believe in the intersection between open and responsible AI development; thus, this License aims to strike a balance between both in order to enable responsible open-science in the field of AI.

This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.

NOW THEREFORE, You and Licensor agree as follows:

Definitions

1. “License” means the terms and conditions for use, reproduction, and Distribution as defined in this document.
2. “Data” means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.
3. “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
4. “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
5. “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including – but not limited to – distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
6. “Complementary Material” means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any.
7. “Distribution” means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means – e.g. API-based or web access.
8. “Licensor” means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
9. “You” (or “Your”) means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application – e.g. chatbot, translator, image generator.
10. “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.
11. “Contribution” means any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
12. “Contributor” means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.

Section II: INTELLECTUAL PROPERTY RIGHTS

Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.

1. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
2. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is asserted or filed.

Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION

1. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions: Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material. You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License; You must cause any modified files to carry prominent notices stating that You changed the files; You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions – respecting paragraph 4.a. – for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
2. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
3. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.

Section IV: OTHER PROVISIONS

1. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
2. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
3. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
4. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
5. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
6. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.

END OF TERMS AND CONDITIONS

Attachment A

Use Restrictions

You agree not to use the Model or Derivatives of the Model:

• In any way that violates any applicable national, federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personal identifiable information that can be used to harm an individual;
• To defame, disparage or otherwise harass others;
• For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).