Terms and Conditions

Last updated: August 09, 2024

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Imagebeau ("Company," "We," "Us," or "Our"). By accessing or using our service, you implicitly agree to be bound by these Terms. If you do not agree with any part of the Terms, please discontinue using the service.

Our service allows users to upload images for analysis using third-party APIs, and the results are provided to you in a text format. The images are processed but not stored on our servers.

Definitions

For the purposes of these Terms and Conditions:

• Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Imagebeau.
• Service refers to the website operated by the Company, accessible from https://imagebeau.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Content refers to any text, images, or other material available on the Service.
• Third-Party Services refers to third-party websites or services provided by external providers, including but not limited to, API providers such as OpenAI and Google, used to process the images uploaded by You.
• Terms refers to these Terms and Conditions that govern the use of the Service.

Use of the Service

By using our Service, You agree to the following terms:

• Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service to engage in any activity that is illegal, harmful, or violates the rights of others.
• Prohibited Activities: You agree not to engage in any of the following prohibited activities:
  • Uploading or transmitting any content that is illegal, offensive, harmful, or otherwise inappropriate.
  • Using the Service to distribute malware, viruses, or any other harmful software.
  • Attempting to gain unauthorized access to the Service, its servers, or other systems connected to the Service.
  • Using automated means (e.g., bots, spiders) to access the Service without the Company's prior written permission.
• Content Responsibility: You are solely responsible for the content you upload to the Service. The Company does not claim ownership of any content you submit, but by submitting content, you grant the Company the right to process and display it as necessary to provide the Service.
• Third-Party Services: The Service may rely on third-party services, such as API providers, to process the images you upload. You acknowledge that the use of such third-party services may be subject to their own terms and privacy policies, and you agree to comply with those terms when applicable.
• Modification and Termination: The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
• Service Availability: The Company makes no guarantees regarding the availability, reliability, or performance of the Service. The Service may be temporarily unavailable due to maintenance, upgrades, or other reasons beyond the Company's control.

Intellectual Property

• Ownership: The Service and its original content, features, and functionality are and will remain the exclusive property of Imagebeau and its licensors. This includes, but is not limited to, any software, text, graphics, images, logos, and trademarks used in the Service.
• User-Generated Content: You retain ownership of any images or content that you upload to the Service. By uploading content to the Service, you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, display, and distribute the content solely for the purpose of operating and improving the Service.
• Restrictions: You agree not to:
  • Copy, modify, distribute, or create derivative works based on the Service or any part of it without the prior written consent of the Company.
  • Use any trademarks, logos, or other proprietary information (including images, text, page layout, or form) without the Company's express written consent.
• Third-Party Intellectual Property: The Service may display content that is the intellectual property of third parties, including content provided by third-party services such as API providers. You agree not to infringe upon any third-party intellectual property rights while using the Service.
• Infringement Claims: If you believe that any content on the Service infringes upon your intellectual property rights, please contact us immediately with detailed information regarding the alleged infringement. The Company will investigate and, if necessary, remove the infringing content.

Termination

• Termination by the Company: The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, if you breach these Terms.
• Termination by You: You may terminate your use of the Service at any time by discontinuing access to the Service. Upon termination, your right to use the Service will cease immediately.
• Effect of Termination: Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• No Refunds: Any fees paid for the use of the Service are non-refundable, even if your access to the Service is terminated before the end of the subscription period (if applicable).
• Legal Actions: Termination of your access to the Service does not waive any legal actions that the Company may have against you for violations of these Terms.
• Third-Party Services: Termination of your access to our Service does not necessarily terminate your agreements or interactions with third-party services used in conjunction with our Service (e.g., API providers). You should review the terms and conditions of those third-party services separately.

Limitation of Liability

• No Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, whether express or implied, regarding the Service, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Damages: In no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Service.
• Maximum Liability: The maximum liability of the Company arising from or related to these Terms or the Service shall not exceed the amount paid by You to the Company, if any, for accessing the Service.
• Third-Party Services: The Company shall not be liable for any damages or losses resulting from your use of or reliance on third-party services used in conjunction with the Service.
• Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to You. In such jurisdictions, the Company's liability shall be limited to the fullest extent permitted by law.

Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of South Korea, without regard to its conflict of law principles.

Any legal actions or proceedings arising out of or related to these Terms shall be brought exclusively in the courts located in South Korea, and You hereby consent to the jurisdiction of such courts.

Changes to the Terms

The Company reserves the right to modify or update these Terms at any time. When changes are made, the "Last updated" date at the top of these Terms will be revised.

You are advised to review these Terms periodically for any changes. Continued use of the Service following the posting of changes constitutes your acceptance of those changes.

If You do not agree to the revised Terms, You must discontinue using the Service.

Contact Information

If you have any questions or concerns about these Terms, you can contact us:

• By email: [email protected]