Effective Date: 17 June 2025
The Terms of Service ("ToS") is entered into by and between IMA ("IMA," "we," "our," or "us") and the individual agreeing to these terms (the "Customer," “You” or “Your”), and governs the Customer’s use of our services. These ToS explain your rights regarding any images, videos, and other assets you may generate using the Services, as well as prompts you may enter. They also cover your responsibilities and other important legal matters.
The ToS become effective on the date you are first presented with them and proceed to use the Services (the “Effective Date”). The ToS may be updated and presented again to you from time to time. Continued use of the Service constitutes acceptance of the updated terms. If You do not agree to this ToS, please stop using the Services.
1. Eligibility and Account Responsibilities
1.1. You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only under supervision of a parent or legal guardian.
1.2. An account is required to access and use certain features of the Services of IMA. You may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including, but not limited to, an email address, phone number and password. You agree to provide information required for your use of the Services and to update such information so it remains true, accurate, current, and complete.
1.3 You are solely responsible for maintaining the Account confidentiality and all activities under your Account. You agree to immediately notify IMA of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. You agree not to create an Account using a false identity or false information or on behalf of an individual other than yourself. IMA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Description of Services
2.1. IMA provides an integrated platform that enables Users to generate, edit, and customize multimedia content—including images, videos, and animations—using artificial intelligence and machine learning technologies. The Services also support workflow-based collaboration, versioning, and sharing features, allowing users to create, remix, and publish content both privately and within public or semi-public communities (including, but not limited to, spaces hosted on platforms such as Discord).
2.2. As part of your use of the Services, you may upload, submit, transmit, or otherwise make available text prompts, reference materials, source files, collaborative feedback, and output assets (collectively, “User Content”). This includes content submitted for the purpose of rendering workflows, participating in collaborative projects, or sharing content within IMA-hosted or affiliated community environments. You acknowledge that User Content may be accessible to others depending on your privacy or publication settings.
2.3. You are solely responsible for your use of the Services and for all User Content you create or share. You must ensure that such use complies with all applicable local, national, and international laws and regulations, including those related to intellectual property, data protection, privacy, content moderation, and export control. IMA does not assume any responsibility for your compliance obligations.
2.4. IMA reserves the right to modify, suspend, or discontinue any part of the Services at any time, including but not limited to functionality, access permissions, or community features, with or without prior notice, and without liability to you or any third party.
2.5. You are solely responsible for ensuring that your use of the Services complies with all applicable local, national, and international laws, including content standards and cultural restrictions. IMA does not guarantee that the Services or generated content are appropriate or legally available in your jurisdiction.
2.6. Certain features or types of content may be restricted, blocked, or modified in specific jurisdictions to comply with local laws, app store requirements, or cultural sensitivities. IMA reserves the right to geo-block, restrict, or localize Service functionality without prior notice to ensure compliance.
3. Subscription Terms
3.1. Payment
If you have a Premium Account or register for a subscription, you agree to pay all fees associated with the Premium Account or subscription, including but not limited to any applicable subscription fees (“Subscription Fees”), any service fees imposed by IMA, and any other fees posted to your Account (as defined herein and collectively, the “Fees”). The total Fees owed by you in connection with a subscription will be presented to you at the time of purchase and available for viewing through the App. You are responsible for selecting your desired subscription option, and you are responsible for payment of the applicable Subscription Fees at the time you elect to create a Premium Account or otherwise select your subscription. All Fees are non-refundable unless required by law. You may be required to provide your credit card or other accepted payment method (each a “Payment Method”) when you subscribe to the Services or register for a Premium Account. We reserve the right at any time to change our prices and billing methods, either immediately upon posting or email notification.
3.2. Automatic Renewal
If you subscribe to a Premium Account or other subscriptions we make available to you, then your subscription will be automatically renewed on a monthly, yearly, or any other basis depending on the subscription you select at IMA’s then-current subscription fee for the subscribed services unless you opt out of the auto-renewal in accordance with the subscription terms. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period.
3.3. Payment Processor
IMA uses third-party payment processors (“Payment Processor”) as the third-party service providers for payment services. By using the Services, you agree to be bound by our Payment Processor’s terms and privacy policy, and hereby consent and authorize IMA and our Payment Processor to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. By making a purchase through the Services, you also agree to be bound by our Payment Processor’s services agreement and its privacy policy. All information that you provide to us or to our Payment Processor must be accurate, current, and complete.
4. User Content and Ownership
4.1. You retain ownership of your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any potential copyright infringement claims from third parties or any disclosure of your User Content that personally identifies you or any third party. or any disclosure of your User Content that personally identifies you or any third party.
4.2. You grant (and you represent and warrant that you have the right to grant) to IMA an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content for the purposes of providing, promoting, and improving the Services.
4.3. IMA does not pre-screen, endorse, or assume any responsibility for any User Content or AI-generated output. You represent that you own or have appropriate rights to any content you use with the Services.
5. Community Rules
5.1. Respectful Participation
By engaging with IMA-hosted communities—whether on our platform or third-party spaces such as Discord—you agree to participate in a respectful, lawful, and constructive manner. You must not:
5.2. Moderation and Enforcement
IMA reserves the right to moderate user behavior and content within its communities. We may, at our sole discretion and without prior notice:
Moderation may be carried out by IMA staff or authorized community moderators, and decisions are final unless reversed through a formal appeal process.
5.3. Community Rules and Updates
You agree to comply with all written or posted community guidelines applicable to any space in which you participate. These may include rules regarding content submission, formatting, collaborative conduct, and thematic appropriateness.
IMA may update community guidelines from time to time to address evolving community dynamics, safety concerns, or product changes. Your continued participation after such updates constitutes acceptance of the revised rules.
5.4. Platform Rights and Accountability
Content you post within IMA communities may be visible to other users and may be used for moderation, showcasing workflows, or fostering collaboration. You remain responsible for the legality and appropriateness of your shared content.
IMA provides tools and environments for users to collaborate, communicate, and share content. IMA does not act as a publisher or editor of user-generated or shared content and assumes no responsibility for monitoring or controlling user interactions. Any moderation actions taken by IMA or its authorized moderators are intended solely to preserve community integrity and platform functionality. IMA disclaims any responsibility for disputes between users but may intervene at its discretion if such disputes threaten the safety or functionality of the community.
Any views, opinions, or materials expressed in user-generated or community-shared content are solely those of the users and do not reflect the views or opinions of IMA. IMA does not endorse or validate the legality, accuracy, or completeness of any community content.
6. Use of Data for Training
6.1. Unless you choose to opt out, you agree that content generated through your use of the Services, excluding any personally identifiable information, may be anonymized and used by IMA to train, evaluate, and improve system performance and user experience.
6.2. For purposes of this section, “anonymized” means that the content is processed to remove or obfuscate all information that could reasonably identify you or any third party. This includes, but is not limited to:
6.3. You may opt out of contributing future generated content to IMA’s model training datasets at any time by updating your preferences in your account settings.
Please note that opting out will apply prospectively and does not affect any previously contributed content that was anonymized and processed in accordance with this section prior to your opt-out.
7. Disclaimer and Third-Party Risk
7.1. IMA makes no representations or warranties that any AI-generated output is free from intellectual property infringement, misappropriation, defamation, or violation of third-party rights. You use all generated content at your own risk. IMA makes no warranty or representation regarding the legality, usability, or safety of such outputs.
7.2. You are solely responsible for any User Content. You acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, suitability, or quality of any User Content. Your interactions with other users, including any interactions with Collaborators or third parties, are solely between you and such users and third parties. You agree that IMA will not be responsible for any loss or damage incurred as the result of any such interactions. We do not oversee the collaborations or interactions that take place in Teams nor do we oversee the use of the Service by users. If there is a dispute between you and any user of the Services or you and any third party, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.
7.3. Content generated or delivered through the Services is for informational and creative purposes only and does not constitute legal, medical, financial, or other professional advice. IMA makes no warranties regarding the accuracy, reliability, or suitability of such content for any particular purpose, including commercial use. It is solely your responsibility to verify that generated outputs are free from copyright, trademark, publicity, or other legal concerns before using them commercially. IMA shall not be liable for any damages, losses, or liabilities resulting from improper reliance on generated content.
7.4. Where external third-party APIs or models (e.g., for image upscaling or face generation) are used, IMA assumes no liability for defects, errors, or potential infringement caused by those third-party services.
8. Acceptable Use
To ensure the safety, legality, and integrity of the IMA platform, you agree not to engage in any of the following prohibited conduct. These restrictions apply to your use of the Services and to any content you generate, upload, or distribute through IMA.
8.2. We reserve the right (but have no obligation) to review any User Content and to investigate and/or take appropriate action against you if you, in our sole discretion, violate Section 8 or any other provision of this ToS or otherwise create liability for us or any other party. but not limited to:
Users may contest automated moderation decisions by submitting a written appeal to legal@ima.ai.
8.3. Enforcement actions may include, without limitation (i) content removal or modification, (ii) warnings or temporary account restrictions, (iii) Permanent account suspension or termination as outlined in Section 13 of the ToS, and (iv) notification of relevant authorities in the case of unlawful conduct.
9. DMCA Policy
9.1. IMA respects intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we respond to valid notices of alleged copyright infringement..
9.2. If you believe content on the Services infringes your copyright, please submit a written notification to our designated agent at legal@ima.ai including:
9.3. Counter Notification:
If you believe content you uploaded was wrongly removed, you may send a counter notice to legal@ima.ai including:
Upon receiving a valid counter-notice, IMA may reinstate the content unless the original claimant files a court action within 7 business days.
10. Communications
10.1. You may have the opportunity to provide us with your e-mail address. By providing your email address to us, you consent to receiving email communications from IMA for administrative or operational purposes related to your Account. Communications from us may include communications about your use of the Services.
10.2. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.
11. Limitation of Liability
11.1. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, availability, suitability, reliability or quality of any User Content. Your interactions with other users, including any interactions with Collaborators or third parties, are solely between you and such users and third parties. You agree that IMA will not be responsible for any loss or damage incurred as the result of any such interactions. We do not oversee the collaborations or interactions that take place in Teams nor do we oversee the use of the Service by users. If there is a dispute between you and any user of the Services or you and any third party, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMA (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TOS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF IMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
12. Indemnification
You agree to defend, indemnify, and hold harmless IMA, along with its officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses—including reasonable attorneys’ fees and legal costs—arising out of or relating to:
IMA reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with IMA in asserting any available defenses and in the conduct of such defense.
You further agree not to settle any claim, action, or proceeding without IMA’s prior written consent. IMA will make reasonable efforts to notify you promptly of any such claim or legal proceeding upon becoming aware of it.
13. Modifications and Termination
13.1. Subject to this Section, this ToS will remain in full force and effect while you use the Services. We may suspend or terminate your rights to access and use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of this ToS. Upon termination of your rights under this ToS, your Account will be deleted and your right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. IMA will not have any liability whatsoever to you for any termination of your rights under this ToS, including for termination of your Account or deletion of your User Content.
13.2. Please note that the ToS is subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the ToS available on the Site and within the App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the App. IMA may require you to provide consent to the updated ToS in a specified manner before further use of the Services is permitted. If you do not agree to any change(s), you shall stop using the Site, the App, and/or the Services. Otherwise, your continued use of the Site, the App, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT ToS.
13.3. We reserve the right to suspend or terminate access to the Services for violations of the ToS. Upon termination, your access to the Services may be disabled, and your content may be deleted without prior notice.
14. Governing Law and Dispute Resolution
14.1. Governing Law
This ToS shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. The interpretation and enforcement of the ToS shall also be subject to the United States Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
14.2. Initial Dispute Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact us at [legal@ima.ai] and attempt to resolve the issue informally and in good faith. Most concerns can be resolved quickly and efficiently through informal communication. Both parties agree to use reasonable efforts to resolve any dispute arising out of or related to these ToS through direct consultation and negotiation, which is a precondition to either party initiating arbitration or litigation.
14.3. Agreement to Binding Arbitration
If a resolution cannot be reached within thirty (30) days of initiating informal negotiations, either party may commence binding arbitration. Any dispute, claim, or controversy arising out of or relating to these ToS—including their formation, interpretation, breach, termination, or validity—and the use of the Services shall be resolved exclusively and confidentially through binding arbitration administered by the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect, excluding any rules permitting class arbitration. The arbitration shall be conducted in San Francisco County, California, in English, unless otherwise agreed by both parties.
The arbitrator shall have exclusive authority to determine the scope and enforceability of this arbitration provision, including any questions relating to whether these ToS or any part of them are void or voidable. The arbitrator shall be empowered to grant any relief that would be available in a court of law. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
14.4. Class Action and Class Arbitration Waiver
You and IMA agree that all arbitration shall be conducted solely in your or our individual capacity, and not as a class action or representative proceeding. You expressly waive your right to file or participate in any class action against IMA, and likewise waive the right to seek relief on a class-wide basis.
If any court or arbitrator determines that the class action waiver is unenforceable, then the entirety of the arbitration clause in Section 14.3 shall be null and void, and the parties shall be deemed not to have agreed to arbitrate disputes.
14.5. Exception – Small Claims Court
Notwithstanding the above, either party may bring a claim in small claims court in a jurisdiction where such a claim qualifies and falls within the court’s legal limits, including in your county of residence.
14.6. 30-Day Right to Opt Out
You may opt out of the arbitration and class action waiver provisions of this section by sending written notice of your decision to opt out to legal@ima.ai within thirty (30) days of first accessing or using the Services. The opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and IMA will be exempt from these arbitration provisions.
14.7. Exclusive Venue for Litigation
If, and only if, the arbitration provisions above are found not to apply or are deemed unenforceable, then any litigation shall be initiated exclusively in the state or federal courts located in San Francisco County, California, except for small claims matters as outlined above. You and IMA hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes.
15. Entire Agreement
This ToS constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this ToS shall not operate as a waiver of such right or provision. The section titles in this ToS are for convenience only and have no legal or contractual effect. If any provision of this ToS is, for any reason, held to be invalid or unenforceable, the other provisions of this ToS will be unimpaired, and the invalid or unenforceable provision wi[legal@ima.ai]ll be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16. Contact
If you have questions about the ToS, please contact us at: official@imastudio.com.
By accessing or using IMA, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.