Introduction and Acceptance
Last Updated: May 16, 2025
Language
These Terms of Service are provided in English. If these Terms are translated into any other language, the English version will control in case of any inconsistency or discrepancy.
Welcome to ImageVibe. These Terms of Service ("Terms") constitute a legally binding agreement between you and Sun Sky Technology Limited Liability Company ("we," "us," or "our") governing your access to and use of the ImageVibe website (the "Website"), currently anticipated to be located at imagevibe.org (or such other URL as we may specify from time to time), and all related services, applications, and tools provided by ImageVibe (collectively, the "Service").
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Service.
Service Description
ImageVibe is a platform that provides tools and services designed to help users transform images into high-quality prompts for AI image generation. Our services include image analysis, prompt generation, and related creative tools intended to enhance your creative workflows.
Account Registration and Eligibility
To access certain features of our Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must be at least 16 years old to use our Service. If you are under 18 years old (and at least 16), you must have permission from a parent or legal guardian to use the Service, and they must agree to these Terms on your behalf. Users under 16 are not permitted to use the Service.
Intellectual Property Rights and Licenses
Our Intellectual Property
All content, features, and functionality of the Service, including but not limited to the design, text, graphics, logos, icons, images, audio clips, software, and the selection and arrangement thereof, are owned by ImageVibe, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws.
Your Content and License
When you upload images to our Service for prompt generation, you retain all your intellectual property rights in such images. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such images solely for the purpose of providing the Service to you (including generating prompts based on your images).
Generated Prompts
When you generate a prompt using our Service:
- You receive a license to use the generated prompt for any lawful purpose, including commercial use.
- You are responsible for ensuring that your use of the generated prompt does not infringe on any third-party rights and for conducting your own due diligence regarding the suitability of the prompt for your intended use. The legal landscape surrounding AI-generated content is evolving, and you acknowledge that prompts generated by AI, including those from our Service, may bear similarities to existing works or be subject to other legal considerations.
- We do not claim ownership of prompts generated by our Service based on your inputs.
Acceptable Use Policy
You agree not to use our Service to:
- Violate any applicable law, regulation, or third-party right.
- Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
- Upload images that contain explicit content, depict minors in inappropriate contexts, or violate the privacy or intellectual property rights of others.
- Attempt to access or use another user's account without authorization.
- Engage in any activity that could disable, overburden, or impair the proper functioning of the Service.
- Use any automated means, including bots, scrapers, or similar technologies, to access or use the Service outside our provided APIs or interfaces.
- Attempt to circumvent any technological measures implemented to restrict access to or use of the Service.
We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, if we believe you have violated these Terms.
Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy, available at https://imagevibe.org/legal/privacy-policy (or such other URL as we may provide), describes how we collect, use, and share your personal information when you use our Service. By using our Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
Subscription, Payment, and Refunds
Subscription Terms
We offer various subscription plans for our Service. The features and limitations of each plan are described on our pricing page. Subscription fees are charged in advance on a monthly or annual basis, depending on the plan you select.
Payment Processing
We use secure, third-party payment processors to handle all financial transactions. By providing your payment information, you authorize us to charge your payment method for the applicable fees and taxes.
Refund Policy
Our Refund Policy, available at https://imagevibe.org/legal/refund-policy (or such other URL as we may provide), governs all requests for refunds. Please review it carefully. For users in the European Union/European Economic Area, specific withdrawal rights may apply as detailed in the Refund Policy.
Modifications to the Service
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof. We will endeavor to provide reasonable notice of any material modifications, suspension, or discontinuation (e.g., by email or a notice on our Website), particularly for paid services, but this may not always be feasible. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as may be explicitly provided in our Refund Policy regarding pre-paid, unused portions of the Service.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUN SKY TECHNOLOGY LIMITED LIABILITY COMPANY (OR IMAGEVIBE), ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
Indemnification
You agree to defend, indemnify, and hold harmless Sun Sky Technology Limited Liability Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration conducted in Boulder, Colorado in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
Notwithstanding the foregoing, for consumers (i.e., natural persons acting for purposes outside their trade, business, craft or profession) located in the European Union or European Economic Area, this choice of law and venue shall not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law from where you habitually reside. Furthermore, for such consumers, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, and you may have the right to bring proceedings in the courts of your country of residence.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The failure of Sun Sky Technology Limited Liability Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Changes to Terms of Service
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our Website prior to the changes becoming effective. Your continued use of the Service after the effective date of such changes constitutes your acceptance of the updated Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Sun Sky Technology Limited Liability Company Attn: Legal Department 1942 Broadway St. STE 314C, Boulder, CO 80302 Email: [email protected]
Thank you for using ImageVibe!