Welcome to the Imagica app!
This document refers to the content provided by the artificial intelligence application with illustrative content based on descriptive texts, which regulates all the rights and obligations of users who access the platform or interact with the content made available by the administrators, safeguarding all the rights provided for in the legislation. , below are the conditions of use of the site for good coexistence between users and visitors, thus encompassing the address: https://app.imagica.online/, https://imagica.online/ and the WordPress plugin.
We emphasize that your privacy is important to us. It is Imagica’s policy to respect your privacy regarding any information that may be collected while browsing the site. By registering on the site, the user accepts all the terms described below. Therefore, the contents of this document should be read very carefully.
The justified collection of personal information is necessary to improve the service provided and provide better tools for our users. However, in a fair and legal manner, the request and the consequent collection of data is carried out with your knowledge and consent.
It should also be noted that, given all the material collected, the platform is responsible for justifying the request and how the elements will be used in accordance with the Privacy Policy.
By using the platform, you expressly agree to all clauses below.
This Terms of Use was last updated on January 20, 2023.
MAIN POINTS:
- The user has access to tools and functionalities of the Imagica application, which offers illustrative images based on descriptions provided by the user.
- By registering on the site, the user accepts the terms of use and is responsible for using the platform correctly.
- The copyright of the images generated by the application is owned by the user, but the administrators reserve the right of use. That is, all images generated by our users belong to the creator of the image, who may sell, use, assign or transfer the rights relating to it, however, imagica will have the right to use it, in any physical or digital media.
- The user is entitled to 10 free credits when creating their profile, but is responsible for any additional credits purchased within the platform. After purchase, the right of repentance is not applicable, since you have already used and tested it before purchasing the credits.
- It is prohibited to reproduce, duplicate, copy, sell or resell any part of the application, including the source codes.
- It is prohibited to perform any type of scraping or automated data collection from the application.
- The user agrees not to generate images with topics protected by third party copyrights. The use of images that are protected by third party rights is prohibited and Imagica is not responsible for any copyright infringement committed by the user.
- You are responsible for keeping your registration information up-to-date and accurate.
- The platform is committed to protecting user privacy and collecting information legally and fairly.
- The user agrees not to use the application for any activity that is illegal or prohibited by law.
- SERVICES OFFERED
The platform has a specific set of features and tools to better optimize the quality of the website’s content. In this way, the application, Imagica, offers, through the capacity and functionality of artificial intelligence, illustrative images by describing what the user wants. Thus, a detailed description of the desired content is required so that the application can generate images based on the specialties of the artists listed in the right corner of the application’s home page, which can range from the creation of digital arts to 3D drawings.
When creating your profile, you will initially have 10 (ten) free credits to be used in the application, and the user is entirely responsible for any additional credits acquired within the platform.
We aim, above all, to provide opportunities for the creation of unique images based on an artificial intelligence algorithm, noting that copyrights will correspond to users, with application administrators reserved the right to use them on all platforms anywhere in Brazil or outside. - RESPONSIBILITIES
The user is responsible for:
a) the correct use of the platform, the available services and the exposed content, valuing good coexistence, respect and ethics towards other users;
b) comply with and respect the set of rules set forth in this Term of General Conditions of Use, in the respective Privacy Policy and in the national and international legislation in force based on the copyright and intellectual property highlighted;
c) protect account access data;
d) you must be 18 years or older and becapable of agreeing to the terms of this document, or using our services on behalf of another person or entity, must have the authority to accept, in the same way, the conditions present herein;
e) you must, when accessing the application, provide all accurate and complete data for proper registration on our platform;
f) you are responsible for all activities and actions that occur using our tools through your credentials;
g) you are responsible for the copyright corresponding to the created image;
h) you are responsible for spending credits for creating images, and if the image does not come as requested, there will be no credit reversal.
i) you agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any part of the Imagica application, including but not limited to the source codes. Furthermore, you agree not to perform any scraping or automated data collection from the Imagica application.
It is the responsibility of the Imagica platform:
a) create, through software, images with visually beautiful and curious results based on the manual description of the user’s desire, in addition, each work, with a unique particular aesthetic, will approach, as much as possible, the description exposed in the application;
b) defects and vices found on the website or in front of an image created as long as it has given rise to it;
c) respond to the demand for image order requests within a reasonable time;
d) update the platform in order to improve its tools and provide better experiences to users;
e) not transmit, share or promote the personal information of its users provided upon initial registration to the application;
f) provide 10 (ten) free credits with all the application’s functionalities to the user who signs up for the application. - THE USE OF OUR SERVICES
It is necessary, in the foreground, to follow the policy guidelines made available to you within the platform. These terms do not grant the user the possibility of using the content, logos or brands used in our Services.
In this way, the user undertakes to properly use the contents and illustrative creations that Imagica offers through the application’s functionalities, subject to suspension for non-compliance with our terms or policies, so that it is presented in an enunciative nature, see up:
a) non-involvement in illegal activities or that demonstrate public bad faith;
b) not inform untrue registration data;
c) not cause damage to access systems of Imagica, its suppliers or third parties, to disseminate viruses or any other species capable of causing damage to hardware or software systems. - GLOSSARY
Due to the virtual environment that is currently linked to the Imagica platform, there are specific words that may not fit the general understanding. Between them:
ARTIST: Corresponds to the type of illustration that will be processed by the Artificial Intelligence.
CREDITS: Kind of currency in the app, through which you can exchange for the image illustrating the user’s preference, according to the requested description.
NAVIGATION: Act of strolling through the platform, moving from one website to another, enjoying or not the devices offered.
LOGIN: Means of access to the platform, through an email account and other requested personal information.
BALANCE: Amount of credits available to be used by the user.
USER: Enjoy the services offered by the site, at any time, upon prior registration.
VISITOR: User of the website without identification, in any way and by any means, who accesses the platform through the systems available.
In case of doubts regarding the words or terms used in this instrument, the USER/VISITOR must contact the AUTHORS or REVIEWERS through the communication channels available on the website. - BILLING
Imagica offers a free and paid service, and prices may vary depending on the user’s location, as they will be based on the billing information provided at the time of purchase.
Depending on the use of the application, charging for credits will be available from the use of the 10th (tenth) creation credit, and the user is entirely responsible for purchasing and using the respective credit. - COPYRIGHT
This Term of Use grants users a non-sublicensable, non-transferable license to access and browse the platform and the services in which they are made available through the website.
The platform structure, brands, logos, layouts, graphics, images, illustrations, software, written content, database, transmission files and any other information corresponding to the intellectual property right, are prohibited from sharing or using outside the website, under the order of the provisions of the Copyright Law (Law No. 9.610/98) and the Law of Software (Law nº 9.609/98) of Brazil and other applicable laws, the administrators, as well as the application, being responsible for the copyright corresponding to the platform settings.
Our users, however, have the copyright corresponding to the creations developed, giving them the possibility of using, selling, transmitting or transferring the image created by the application, with the user being entirely responsible for managing the use of the image. Regarding the application administrators, they only retain the right to use the creation in perpetuity, which can be used in other applications or in any digital or physical space.
The use of the platform is the sole responsibility of the user, individual and non-transferable, with any unauthorized use related to the copying of third-party brands whose copyrights are protected being prohibited. Such use constitutes a violation of intellectual property rights, punishable under the terms of the applicable legislation.
It is the user’s obligation, when using the platform, not to generate similar content or that is protected by the copyright of third parties who do not have the permission or rights. Exempting Imagica and its associates in any way or form from any misuse of content protected by copyright, prohibiting the use of prompts or requests that violate third-party trademarks. - SUPPORT
In the event of doubts, suggestions or problems with the platform, the user may contact support via the e-mail [email protected] as long as it is within the opening hours of the customer service. - REFUND AND CANCELATION
The user can stop using the service and/or cancel his subscription at any time through his account settings. If you cancel your subscription, you will not receive a refund of any fees already paid, and any overdue fees may be paid immediately.
There will also be no right of repentance before the use of credits in view of receiving 10 (ten) free credits to be used according to the user’s interest, therefore, it does not configure the possibility of claiming the right of repentance provided for in the Code of Consumer.
Also, there will be no reversal of credits in cases of dissatisfaction with a creation developed by the platform that does not please or does not faithfully correspond to the order placed, since it is artificial intelligence, the image may not correctly correspond to the order placed. - GENERAL TERMS
The items listed and described in this Term are subject to constant changes and updates, unilaterally and at any time by the competent legislative power, precisely related to adequacy, modification and attention to new legal requirements.
Imagica may change, modify or remove functionalities of the service available in the application, introducing limitations of use or extension of tools, even discontinuing the services offered in the application in its entirety at any time.
Any necessary notices will be sent to the e-mail address previously associated with the registration in the application or through another legally permissible means of communication.
These terms do not affect consumer rights which, by law, cannot be revoked or limited. Nothing in these Terms will exclude or limit liability for gross negligence, fraud or willful misconduct by either party.
We will primarily seek to resolve conflicts involving these Terms through contact mediated by our means of communication and support. In the event of any legal conflicts involving the application and, consequently, its administrators, the court of João Pessoa – PB in Brazil is elected, even in the case of other more privileged ones.
This Term of Use is valid from January 20, 2023.