Terms of Service

Please read these Terms of Service carefully before using IMAGEKA (“we,” “us,” “our,” or the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By using IMAGEKA, you confirm that you are at least 13 years of age and agree to comply with these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please do not use the Service.

2. Description of Service

IMAGEKA provides a free AI-powered text-to-image generation platform. Users can generate images from text descriptions (“prompts”) using our AI service. The platform is provided free of charge for both personal and commercial use.

3. User-Generated Content & Your Rights

3.1 Ownership

You retain all rights to the images you generate using IMAGEKA. We do not claim ownership over your generated images.

3.2 Commercial License

You are granted a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and commercially exploit images generated through the Service, subject to these Terms and applicable law.

3.3 Responsibility

You are solely responsible for the prompts you submit and the images you generate. You represent that your use of generated images complies with all applicable laws, regulations, and third-party rights.

4. Prohibited Uses

You agree not to use the Service to generate, distribute, or publish images that:

• Depict or promote child sexual abuse material (CSAM) | this is strictly prohibited and will be reported to appropriate authorities
• Are defamatory, harassing, or threatening to any individual or group
• Constitute non-consensual intimate imagery (deepfakes) of real individuals
• Violate the intellectual property rights of any third party
• Are intended to deceive, defraud, or mislead others
• Promote violence, terrorism, or illegal activities
• Violate any applicable local, national, or international law

You also agree not to:

• Attempt to circumvent the captcha or rate-limiting mechanisms
• Use automated tools, bots, or scripts to generate images at scale
• Attempt to reverse-engineer, interfere with, or disrupt the Service
• Resell access to or impersonate the Service

5. Rate Limiting & Fair Use

IMAGEKA provides extensive and unlimited daily generation for regular personal and commercial use. We implement rate limiting to ensure fair access for all users and to prevent abuse. These limits are generous and designed not to impact legitimate usage. We reserve the right to modify rate limits at any time without notice.

6. Security Code (Captcha)

A security code verification is required to generate images. This measure protects the platform from automated abuse and ensures fair access for all users. By using the Service, you agree to complete this verification honestly and not attempt to circumvent it.

7. Intellectual Property

The IMAGEKA name, logo, website design, and all original content (excluding user-generated images) are the property of IMAGEKA and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without written permission.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that:

• The Service will be uninterrupted, error-free, or continuously available
• Generated images will meet your specific requirements or expectations
• Generated images will be free from third-party intellectual property issues

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMAGEKA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability to you for any claims arising from the use of the Service shall not exceed the amount you paid us in the twelve months preceding the claim (which, as the Service is free, is zero).

10. Third-Party Services

The Service uses third-party AI services to generate images. We are not responsible for the terms, privacy practices, or content policies of these services. Use of generated images is subject to both these Terms and the applicable terms of the underlying AI service.

11. Termination

We reserve the right to restrict or terminate your access to the Service at any time, without notice, for any reason, including but not limited to violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive shall remain in effect.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last updated” date. Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration or in the courts of the applicable jurisdiction.

14. Contact

If you have questions about these Terms of Service, please contact us at:
contact@imageka.com