Terms of Service - imagix

Effective Date: April 15th, 2025

This Terms of Service (“this Terms”) is entered into by and between you and imagix (hereinafter referred to as “imagix”, “Us”, “We” or “Our”), regarding your use of our applications, sites and related services (“our Service”). Your use of our Service is also governed by our Privacy Policy and other relevant policies.

If you are under the age of legal majority in your jurisdiction, you SHALL NOT use or access our Services unless your parent or legal guardian consents to this Terms.

PLEASE NOTE THAT, IF YOU CONTINUE USING OR ACCESSING OUR SERVICE, YOU WILL BE DEEMED YOU HAVE FULLY UNDERSTOOD AND ACCEPTED AND ARE WILLING TO COMPLY WITH ALL THE FOLLOWING CLAUSES, AND THIS TERMS SHALL BECOME EFFECTIVE BETWEEN YOU AND US. IF YOU DISAGREE WITH THIS TERMS IN THE WHOLE OR PART, YOU SHALL IMMEDIATELY STOP USING our Services.

1. User Account

1.1 Although you are not required to create a user account to use the Service, we may internally assign you an ID to provide you with continuous service, and you will not be identified from such ID.

1.2 You may be required to provide the minimum information needed to realize the basic functions of the Service, such as operating system, unique device identifier, login IP address, software version, connection method and type of network, device accelerator (such as gravity sensing device), operation log and album access permissions. For more details about how we collect and use your personal information, please refer to the Privacy Policy. If you fail to maintain accurate, complete, and up-to-date information, you may be unable to use partial services.

1.3 You shall be responsible for all activities that occur through your ID whether or not authorized by you, including without limitation any purchases. If you become aware of any theft or unauthorized use of our applications on your device, you shall contact us immediately to avoid any further losses.

1.4 If you sign this Terms on behalf of the enterprise, you shall guarantee that you have obtained full authorization from the enterprise and have the right to act on behalf of the enterprise, and your actions are binding on the enterprise you represent.

1.5 Your use of our Service is governed by this Terms and Privacy Policy and other relevant policies. PLEASE NOTE that violation of any of the rules above may result in suspension and/or termination of the licenses under this Terms.

2. Editing Function

2.1 After you have successfully startup our application, you can use the AI generate feature or any other free materials provided by the application to edit your photos, posters, pictures, etc. To fulfill the same function, we need to access your local albums or other local files on your device, and we will apply for permission before such access. If you want to withdraw such permission, you can simply adjust the permission status through “Settings” on your mobile phone.

2.2 You may share your edited photos or other content through our application to social media platforms, including but not limited to Instagram. If you choose to share such content, please make sure you have the necessary rights to do so and it will not infringe any third party’s legitimate interests or violate any policies of the corresponding platforms, otherwise you SHALL bear any responsibilities and liabilities arising out of it.

3. Use of Service

3.1 We grant you a worldwide, non-exclusive, and non-transferable right to use our Services in compliance with this Terms. You SHALL NOT use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the application or other products, services, or processes accessible through our website or applications except as otherwise expressly stated in this Terms.

3.2 We reserve all rights, including but not limited to all intellectual property rights and other proprietary rights to and relating to the Service. You SHALL NOT copy, redistribute, publish, create any derivative work from, or otherwise exploit any content of our applications without our prior written consent.

3.3 We’re constantly developing new technologies and features to improve our services. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, but WE WILL NOT compensate you for any losses arising out of such changes or termination.

3.4 You are not allowed to use our Service to engage in criminal activities, otherwise you shall bear the corresponding legal responsibility.

3.5 You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our applications and/or websites.

3.6 If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we may suspend or close our Services of repeat copyright infringers.

3.7 You SHALL NOT use our Service in any way that may violate applicable laws, regulations, or policies of relevant jurisdictions.

4. User-Generated Content

4.1 You are solely responsible for your use of our services and any photos, images, information, and any other content that you create via our services, whether privately transmitted or made publicly available (“User Content”). You retain ownership of your User Content. Any images you make by using our services are stored locally in your phone and will be deleted on our services/server within 7 days. You understand and agree to comply with all applicable laws to your use of our services and User Content.

4.2 You shall at all times ensure that your User Content does not:

4.3 You understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of our services:

5. Ownership and Intellectual Property Rights

5.1 All rights, titles, and interests in and to our Service (including without limitation any logos, application names, layouts, fonts, stickers, filters, musical compositions, audio-visual effects, and other materials) are owned by or legally licensed to AI Profile Picture Maker. AI Profile Picture Maker and the corresponding right holders reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. You understand and agree that you are only permitted to use the same content to the extent necessary to be a user of our applications.

5.2 You hereby acknowledge and agree that any comments and/or feedback you provide to us, layouts, and collage templates formed via our applications, shall be owned by AI Profile Picture Maker. AI Profile Picture Maker reserves the right to use such content for any purpose, including but not limited to developing our applications, and AI Profile Picture Maker has no obligation to compensate or otherwise pay you for such uses.

5.3 Provided that you are deemed to have retained any right to any contents associated with your use of the Service, you hereby grant AI Profile Picture Maker the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to copy, reproduce, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any form, your contents as well as all modified and derivative works thereof in connection with our provision of the Service, including without limitation developing and marketing of our applications.

5.4 You hereby grant AI Profile Picture Maker the right to authorize others to exercise any of the rights granted to AI Profile Picture Maker under this Terms.

6. Fees and Payment

6.1 WE DO NOT charge you for using our applications, unless you subscribe for member services via Apple App Store or Google Play Store. Also, we will get benefits from Google Admob by publishing advertisements on the applications. For the rates of the service fees, please refer to the price displayed on the applications or email to getsupport@imagix.site.

6.2 PLEASE NOTE that any subscription transaction will be addressed by third-party payment providers, instead of AI Profile Picture Maker. Therefore, you SHALL carefully read and ensure that you agree to their Terms of Service and Privacy Policies before making any payments through them.

6.3 Subscription auto-renews before the end of the current period, unless canceled 24 hours in advance. You may manage your subscriptions and turn off auto-renewal from your Apple App Store account settings. You may cancel the subscription at any time before the end of the applicable billing period according to Apple App Store Terms of Service. You will not receive a refund for the current billing period, except as otherwise provided in the corresponding Store’s policies.

6.4 In case of refund, as we mentioned above any subscription transaction will be addressed by third-party payment providers, as well as any refund arising out of the subscription transaction. Therefore, refund policies of third-party payment providers will be applied under any refund circumstances. PLEASE NOTE that any applicable taxes and service charges (if any) incurred by your subscription transaction and refund shall be borne by yourself.

6.5 If you have any questions regarding your payment, you should either contact us or contact the corresponding Store within 48 hours after the payment is made.

6.6 PLEASE NOTE THAT we reserve the right to request additional fees arising from any damage caused by your use of the Service.

7. Limitation of Liability

7.1 To the extent permitted by applicable law, we shall not be liable for the following:

7.2 Provided that we are liable to you in connection with the Service, our liability will be limited to an amount equal to the service fee you have paid for the corresponding service in aggregate.

8. Updates to the Service

AI Profile Picture Maker reserves the right to update the Service from time to time, and to continue using the Service, you may be required to accept updates to the Service and to the games you have installed on your device or computer. If you fail to update the Service, we may be unable to continue providing the Service to you.

9. Miscellaneous

9.1. Our applications and website may contain third-party website or platform links, and you shall decide whether to access these links. We are not responsible for the accuracy, completeness, adequacy, and reliability of any information, data, opinions, pictures, statements, or suggestions made available on these websites. If you decide to visit any third-party website linked to the Service, you shall be solely responsible for the possible results and risks therefrom.

9.2. We may maintain and update the application from time to time, in which case you may be unable to use our services. We shall also not be liable for network service interruption or other defects caused by force majeure or for any other reason not attributable to us.

9.3. If any provision of this Terms is held to be illegal, invalid, or unenforceable under applicable law, such provision thereof shall to that extent be deemed not to form part of these Terms, and shall not affect the legality, validity, and enforceability of other provisions.

9.4 You agree that we may assign or transfer this Terms in whole or in part to either a subsidiary or affiliate of us or a successor by merger or acquisition.

10. Governing Law and Jurisdiction

10.1 Except to the extent that: (i) any applicable additional terms incorporated into this Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction to bringing or defending claims in a local court (including small claims court (or similar court)), this Terms and any dispute or claim arising out of or in connection with this Terms will be governed by the law of Singapore.

10.2 Any dispute, controversy, or claim (whether in contract, tort, or otherwise) arising out of, relating to, or in connection with this Terms, including their existence, validity, interpretation, performance, breach, or termination, will be referred to and finally resolved by Singapore International Arbitration Centre for arbitration. The seat of the arbitration will be Singapore. The arbitration proceedings will be conducted in Chinese.

11. Termination

11.1 AI Profile Picture Maker may terminate or suspend any of our Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.

11.2 Upon termination of your access, your right to use our Services, and access to any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

11.3 Termination of your access to and use of our Services shall not relieve you of any obligations arising or accruing before such termination or limit any liability that you otherwise may have to your use of our Services, including but not limited to any indemnification obligations contained herein.

12. Contact Details

If you have any questions about this Terms or our Services hereunder, please contact us in the following way:

Email address: getsupport@imagix.site


DISCLAIMER

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF OUR SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT our Services WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF our Services IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

INDEMNITY

YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS, CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS, OR JUDGMENTS ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OR VIOLATION OF THIS TERMS, OR YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS.