Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Imagineo Studio ("Service"), an AI-powered photoshoot generation platform operated by MagicusPrime LDA ("Company," "we," "us," or "our"), a company registered in Portugal with its registered office at Rua Dom Manuel 115, Mindelo, Portugal.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MagicusPrime LDA governing your access to and use of the Imagineo Studio platform, including our website at imagineoai.com, all associated services, applications, and APIs.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include that organization.

2. Definitions

• "Service" means the Imagineo Studio platform, including all features, tools, applications, APIs, and related services provided by MagicusPrime LDA.
• "User Content" means any images, photos, files, text, prompts, or other materials that you upload, submit, or create using the Service.
• "Generated Content" means any images, photos, or other outputs created by the Service's AI systems based on your User Content or prompts.
• "Subscription" means a paid plan that grants you access to specific features and usage limits of the Service.
• "Credits" means the units of usage allocation associated with your account or Subscription.
• "Photoshoot" means a single generation session that produces multiple AI-generated images based on your input.
• "AI Models" means the artificial intelligence and machine learning systems used by the Service to analyze images and generate content.

3. Account Registration & Security

3.1 Account Requirements

• You must be at least 16 years of age to use the Service
• You must provide accurate, current, and complete information during registration
• You must maintain and promptly update your account information
• You may only create one account per person unless authorized for organizational accounts

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must immediately notify us of any unauthorized access to your account
• You are responsible for all activities that occur under your account
• We reserve the right to suspend accounts that show signs of security compromise

3.3 Organization Accounts

If you create an organization account, you may invite team members who will be bound by these Terms. The organization owner is responsible for managing access and ensuring compliance by all team members.

4. Service Description

4.1 Core Features

Imagineo Studio provides AI-powered photoshoot generation services, including:

• Image upload and AI analysis
• Style and scene recommendations
• AI-powered image generation with identity consistency
• Talent/model generation and customization
• Multi-shot photoshoot creation
• Image gallery management and export

4.2 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be:

• Subject to scheduled maintenance (with reasonable advance notice when possible)
• Temporarily unavailable due to technical issues, updates, or circumstances beyond our control
• Modified, updated, or discontinued at our discretion with appropriate notice

4.3 AI Limitations

AI-generated content may not always meet your expectations. Results can vary based on input quality, complexity of requests, and the inherent limitations of AI technology. We continuously work to improve our AI systems but cannot guarantee specific outcomes.

5. Subscriptions, Payments & Billing

5.1 Subscription Plans

We offer various subscription tiers with different features and usage limits. Free tiers may be available with limited functionality. Details of current plans are available on our pricing page.

5.2 Payment Terms

• Payments are processed securely through Stripe
• Subscriptions are billed in advance on a monthly or annual basis
• All prices are displayed in the currency indicated and include applicable taxes unless stated otherwise
• You authorize us to charge your payment method for recurring subscription fees
• Failed payments may result in service suspension until resolved

5.3 Cancellation & Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of the billing period
• Refund Policy: We offer a 14-day money-back guarantee for first-time subscribers. After 14 days, refunds are provided at our discretion for documented service issues.
• Credits do not roll over between billing periods unless explicitly stated in your plan

5.4 Price Changes

We may modify pricing with at least 30 days' advance notice. Price changes apply to the next billing cycle after the notice period. Existing subscribers may lock in their current rate by switching to annual billing before the change takes effect.

6. User Content & Uploads

6.1 Your Rights & Responsibilities

You retain all ownership rights to your User Content. By uploading content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and upload the content
• The content does not infringe any third-party intellectual property or privacy rights
• You have obtained necessary consents from any individuals depicted in photos (model releases)
• The content complies with all applicable laws and our Acceptable Use Policy

6.2 License Grant

By uploading User Content, you grant MagicusPrime LDA a limited, non-exclusive, royalty-free license to:

• Process, analyze, and store your content to provide the Service
• Generate derivative works (Generated Content) based on your content
• Display content to you within your account

This license is solely for operating and improving the Service and expires when you delete your content or account (subject to our data retention policies).

6.3 No Training on Your Data

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its software, design, features, AI models, algorithms, and documentation, is owned by MagicusPrime LDA and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our software or materials without permission
• Reverse engineer, decompile, or attempt to extract our source code or AI models
• Use our trademarks, logos, or branding without written authorization
• Create derivative works based on our Service (except Generated Content as permitted)

7.2 Your Intellectual Property

You retain all intellectual property rights to your original User Content. We claim no ownership over your uploaded images, photos, or other materials that you create independently of our Service.

8. AI-Generated Content Ownership & Usage

8.1 Ownership of Generated Content

Subject to these Terms and applicable law, you own the rights to Generated Content created through your use of the Service, provided that:

• You had the right to upload and use the original User Content
• Your account is in good standing and subscription fees are current
• The Generated Content was created in compliance with these Terms

8.2 Commercial Use

You may use Generated Content for commercial purposes, including:

• Marketing and advertising materials
• Social media content
• E-commerce product imagery
• Editorial and publications (with appropriate disclosures if required)

8.3 AI Disclosure Requirements

You acknowledge that Generated Content is created using AI technology. Depending on your jurisdiction and intended use, you may be required to disclose that content is AI-generated. You are solely responsible for:

• Understanding and complying with applicable AI disclosure laws
• Making appropriate disclosures when using Generated Content
• Not using Generated Content in deceptive or misleading ways

8.4 Limitations

We do not guarantee that Generated Content will be unique or will not resemble content generated for other users. AI systems may produce similar outputs for similar inputs.

9. Acceptable Use Policy

You agree to use the Service responsibly and in compliance with all applicable laws. You must NOT:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent, deceptive, or illegal purposes
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service's operation or infrastructure
• Use automated tools (bots, scrapers) without our written permission
• Circumvent usage limits, access controls, or security measures
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to compete directly with Imagineo Studio
• Upload malware, viruses, or malicious code
• Harass, abuse, or harm others through use of the Service

10. Prohibited Content

You may NOT upload, create, or generate content that:

Additional Prohibited Content

• Pornographic or sexually explicit material (unless in designated adult content areas, if any)
• Content depicting real people in compromising situations without consent
• Hate speech, discrimination, or content promoting harm to protected groups
• Defamatory, libelous, or intentionally false content about real individuals
• Content designed to impersonate real individuals for fraud or deception
• Illegal content under Portuguese, EU, or applicable international law
• Content that infringes on copyrights, trademarks, or other IP rights
• Content promoting illegal activities (drug manufacturing, weapons, etc.)

Enforcement

We employ automated and manual review systems to detect prohibited content. Violations may result in content removal, account suspension, permanent ban, and/or reporting to law enforcement. We cooperate fully with authorities investigating illegal content.

11. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Commitments

• We comply with GDPR and Portuguese data protection laws
• We do NOT use your data to train AI models
• You can request deletion of your data within 48 hours
• We implement robust security measures to protect your data
• We are transparent about third-party service providers we use

By using the Service, you consent to the data practices described in our Privacy Policy.

12. Disclaimers & Warranties

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, quality, or reliability of AI-generated content
• Warranties that the Service will meet your specific requirements or expectations
• Warranties regarding the preservation or integrity of stored content

AI Disclaimer: AI-generated content may contain errors, inaccuracies, or unexpected results. You are solely responsible for reviewing and verifying Generated Content before use. We do not guarantee that AI outputs will be suitable for any particular purpose.

13. Limitation of Liability

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Costs of procuring substitute services
• Damages arising from unauthorized access to or alteration of your content
• Any matters beyond our reasonable control

Liability Cap

Our total aggregate liability for any claims arising from these Terms or your use of the Service shall not exceed the greater of:

• The amounts you paid to us in the 12 months preceding the claim, OR
• One hundred euros (EUR 100)

Some jurisdictions do not allow certain limitations of liability. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

14. Indemnification

You agree to indemnify, defend, and hold harmless MagicusPrime LDA and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content or Generated Content
• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property or privacy rights)
• Your violation of any applicable laws
• Any claims by third parties related to your use of the Service

We will provide you with prompt written notice of any such claim and reasonably cooperate with your defense. We reserve the right to assume exclusive control of the defense at our expense.

15. Termination

15.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting us at support@imagineoai.com with a deletion request

15.2 Termination by Us

We may suspend or terminate your account and access to the Service:

• For Cause: Immediately if you violate these Terms, engage in prohibited activities, or for security concerns
• For Convenience: With 30 days' notice, at our discretion
• For Non-Payment: After providing notice and a reasonable cure period

15.3 Effects of Termination

• Your right to access the Service will immediately cease
• You may export your content before termination (we recommend regular backups)
• We will delete your content in accordance with our Privacy Policy
• Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, and indemnification) will survive

16. Disputes & Governing Law

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.2 Dispute Resolution

Before initiating formal proceedings, you agree to contact us at support@imagineoai.com to attempt to resolve any dispute informally. Most concerns can be resolved through direct communication.

16.3 Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Portugal, except that:

• Consumers residing in the EU may bring claims in their country of residence
• We may seek injunctive relief in any court with jurisdiction to protect our intellectual property

16.4 EU Consumer Rights

If you are an EU consumer, you benefit from mandatory provisions of consumer protection law in your country of residence. Nothing in these Terms affects your rights to rely on such mandatory provisions. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/odr.

17. Changes to These Terms

We may modify these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will notify you by email at least 30 days in advance
• We may also display a prominent notice within the Service
• Continued use of the Service after changes take effect constitutes acceptance

If you do not agree to the modified Terms, you should discontinue use of the Service before the changes take effect. You may request a copy of the Terms that were in effect when you signed up by contacting us.

18. Contact Information

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

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and MagicusPrime LDA regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it later.

19.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or internet disruptions.

19.6 Language

These Terms are written in English. In case of conflict between translated versions and the English version, the English version shall prevail.