Last updated January 22, 2024
User Terms Highlights
Here are the key highlights of our User Terms, but please make sure that you have read and understand the full set of User Terms before you use our Product.
- Age restrictions: You need to be 16 years or over to browse or use our Product.
- Acceptable Use:
- You agree to follow our community rules and policies which may be posted via the Product from time to time.
- You agree you won’t use the Product (or any Images) in away that affects other users enjoyment of the product; is false, misleading, obscene, offensive or unlawful; or infringes other’s rights including privacy or IP. Please make sure you’re familiar with our Acceptable Use terms as set out in the User Terms.
- Prohibited Activities
- You must not, nor permit any third party to conduct the following activities: rent, modify or sub-license the Product; use the Product to develop a competing product or service; use scripts or bots to mass download Images or Prompts; reverse engineer the Product to obtain the source code, or any other activity that is detailed in our “Things You Cannot Do” section of our User Terms.
- Image Use and Ownership: If you download Images from our Product, or go on to create images with the assistance of our Product, subject to our User Terms, you will own these Images and can use them for personal, non-commercial projects only.
- Creators: If you become a creator for our Product, you will make available your creations via the Product and agree:
- to your creations being published under your profile name (unless you close your profile then they are published under a default profile);
- to give us a non-exclusive, worldwide, ongoing sublicensable, royalty free, irrevocable license to your creations and to make your creations available via the Product indefinitely;
- that your creations are owned by you and not infringing any third party rights (if not, the creation can be removed and your account suspended or ended); and that your creations are generated via any Third Party Service provider.
- Intellectual property rights: We respect the intellectual property rights of others and if you believe any content infringes any intellectual property right please send us a takedown notice in accordance with our User Terms.
- Privacy: Your privacy is important to us so check out our Privacy Policy here.
- Third Party Suppliers & Services: We may require the use of third party services, software and platforms from time to time (including generative AI tools, programs, services and websites). Your use of these Third Party Services may be subject to the terms and conditions applicable to those Third Party Services as communicated to you from time to time and
- to the extent permitted by law, we do not endorse or assume any responsibility for those products and services, and we will not be liable to you in any way whatsoever for any matters related to such Third Party Services; and
- with respect to Midjourney and other Third Party AI Platforms specifically, without limiting the above, we confirm that we are not affiliated or otherwise associated with Midjourney or these other Third Party AI Platforms, which are considered Third Party Services.
USER TERMS
- About us and these terms
- Hi, welcome to our Product where you can browse our growing curated library of prompts and related sample images for popular generative artificial intelligence (AI) tools.
- When we say ‘we’, ‘us’ or ‘our’ it’s because that’s who we are, and we own and run the website located here (Product).
- By using our Product (or otherwise browsing the Product site), you accept these terms and you become a member of our community. Accordingly, these terms and conditions apply to any use of the Product or Product site, whether or not you’re a member. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Product is conditional on your acceptance to be bound by these terms whether you become a member or not.
- The images shown or generated on the Product (Images) and various text-based AI prompts (Prompts) are made available to you under these terms (as amended from time to time). See further in section 4 below.
- User of the Product
- You need to be 16 years or over to browse or otherwise use our Product. We don’t knowingly collect any information from anyone aged under 16 years.
- When browsing or using the Product, you agree to follow any policies, guidelines or instructions that we may publish from time to time.
- Third party offers, products and services
Third party offers and products
Third party suppliers and services
- As a member you may also have access to, or be eligible for special offers in relation to, products and services provided by our third party partners (Third Party Offers). Information about Third Party Offers will be published on our website from time to time.
- You have no obligation to redeem any Third Party Offer. However, if you choose to do so, then you will be buying or accessing the relevant product and/or service from the partner and not from us.
- The redemption of a Third Party Offer is subject to terms and conditions set by our partners. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.
- The description of products and services forming part of a Third Party Offer published on our site, and any associated links, have been provided to us by our partners. While we have made reasonable efforts to check the accuracy of the descriptions, the third party partners are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for those products and services, and we will not be liable to you in any way whatsoever for any matters related to such Third Party Offers.
- Through our Product, and the content available on it (including images), we may require or make available the use of, or you may otherwise elect to use, third party software, services, websites, platforms or apps (Third Party Services) from time to time. This includes, to avoid doubt, generative AI tools, programs, services, websites and platforms like the one owned and operated by Midjourney Inc (Midjourney, and where similar AI tools, programs, services, websites and platforms are Third Party AI Platforms).
- With respect to these Third Party Services:
- your use of these Third Party Services may be subject to the terms and conditions applicable to those Third Party Services as communicated to you from time to time;
- to the extent permitted by law, we do not endorse or assume any responsibility for those products and services, and we will not be liable to you in any way whatsoever for any matters related to such Third Party Services; and
- with respect to Midjourney and other Third Party AI Platforms specifically, without limiting the above, we confirm that we are not affiliated or otherwise associated with Midjourney or these other Third Party AI Platforms, and which are considered Third Party Services.
- Intellectual Property
- What you will own: Subject to applicable laws and Third Party Services (including Midjourney and Third Party AI Platforms) terms, you will own the Images you download from, or otherwise go on to create with assistance of, the Product, so long as they were created in accordance with these (and other applicable) terms. We make no warranty or representation with respect to the law that might apply to you at any time. This is subject to the following:
- You will not own Images that are created by the ‘upscaling’ of others’ images – ownership of these upscaled Images remain with the original creator of that Image.
- When you download an Image from the Product, you agree and undertake that you will use those Images for personal projects only – and so we consider these ‘sample’ Images. This means you’re permitted to download, copy, modify, distribute and publicly perform Images in your personal projects. Personal projects are projects that are non-commercial in nature. They include:
- projects for educational purposes; and
- projects displayed in private situations or on a non-commercial social media account.
Personal projects never:
- attract any fee or payment for access or use;
- appear in social media, marketing or an advertisement for a business or something that you sell or make money from; or
- appear on internet-based video on demand services, television or radio broadcasts, or in a film.
- If you wish to use an Image in any way other than as contemplated by section 4.1(b) above, you must copy the applicable AI prompt, head to a Third Party Service like Midjourney and make your own unique image there for download and use in accordance with that tools terms.
- Rights you grant us: You may also agree to be a ‘creator’ with respect to our Product. By agreeing to be a Product ‘creator’ (or otherwise using our Product, and without limiting any responsibilities you have as a member) you acknowledge and agree that:
You:
- you give permission for us to make available your creations (such as Prompts and Images) (Your Content) via the Product (via the Product website or otherwise) indefinitely in accordance with our terms, as amended by us from time to time;
- your creations (including Your Content) will be published under your profile name;
- should you wish to remove your profile in the future, you acknowledge and agree that Your Content will be automatically assigned to the default Product profile (without any further consent or approval required by you), and will remain in, and available via, the Product.
- grant us (and our successors) a non-exclusive, worldwide, and perpetual sublicensable, royalty free, irrevocable license to the Prompts, Images and other creations you create using the Product (including all of Your Content), to use those creations in the provision of the Product and its related services, including its gallery, prompt download and ‘remix’ tools. This license will survive the termination of these Terms. ‘Remix’ tools include those which provide for the alteration or amendment to various Prompts, to facilitate new Images being created in a similar style to the applicable Prompt;
- represent and warrant that you have the necessary rights to do so and that Your Content does not infringe upon any third-party rights. You are solely responsible for Your Content you submit, and the Images created via Your Content. We reserve the right to remove any creations (including any of Your Content) or suspend or terminate the accounts of users who violate these guidelines, at our sole discretion and without prior notice; and
- acknowledge and agree that:
- the Images created and otherwise available on the Product are generated with Third Party Services (including Third Party AI Platforms), and so we make no representations or warranties as to rights in, or lack of third party infringement risk in relation to, those Images; and
- we are not responsible for any Images or Prompts using or other generated via any Third Party Service and, without limiting anything else in these terms, section 9 of these terms apply in connection with such matters in all respects.
- Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content available on the Product infringes any intellectual property right (including copyright) please send a notice of alleged infringement to takedown@image.bg with the subject “Takedown Request”. Your email must contain the following, at a minimum:
- Explain the content in the Item that you claim infringes your copyright, including a description and where we can find it the Item – include the URL.
- Explain your copyrighted content and let us know where we can see this published – include the URL.
- Give us a detailed explanation about how you believe the content in the Item violates your copyright.
- Include your full name and contact details, including your address, phone number and email address.
- Include the following two statements:
- “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”; AND
- “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your signature and date. A digital signature is sufficient, so long as it is yours.
- Our use of your information
- Privacy: You may provide us with personal information like user name, email address, image outputs, and text prompts that you enter, or sample Images. We respect your privacy and process your information in accordance with our Privacy Policy. Our Privacy Policy explains how we deal with your information.
- Confidential Information: We value your information and take reasonable precautions to protect it. While using the Product, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through Product to any other person.
- Playing fair
- Prohibited Conduct: Your use of the Product (including Images, Prompts, Your Content and your use of any of them) must comply with our policies from time to time (as published on the Product), as described in section 2.2 above.
- Things you cannot do: You must not (either in your own right or through any third party), and you must not permit any third party to:
- rent, lease, provide access to or sublicense the Product (or any component of it) to a third party;
- use the Product to provide, or incorporate the matters contemplated by the Product (including any Images or Prompts) into, any product or service provided to a third party;
- use the Product to develop a similar or competing product or service;
- reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public materials to the Product;
- copy, modify or create any derivative work of the Product; or
- download Images or Prompts that you do not intend to appropriately use, to use scripts or bots to mass download Images or Prompts (this includes using any means whatsoever to scrape/download the entire library of Images or Prompts from the Product).
- Acceptable use: To keep it clear, you agree to follow any community rules or policies we may post to the Product from time to time. You also agree that you won’t use the Product in any way that (including the submission or creation of Images or Prompts):
- affects other users’ use or enjoyment of the Product;
- is false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
- infringes others’ rights, including privacy or intellectual property rights;
- discloses personal information about others, particularly sensitive information;
- contains a virus, spyware, or other harmful component; or
- contains commercial solicitation or ‘spam’.
- Linking; apps made by others
- Linking to the Product: We reserve the right to insist that any link to the Product be discontinued, and to revoke your ability to link to the Product.
- Links from the Product: The Product and Item may contain links to other non-Product sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- Legal Housekeeping
- Eligibility, suspension or termination: We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of the Product complies with these terms and our policies (as described in section 2.2 above). We can suspend or terminate access at any time for any reason (acting reasonably of course) including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
- If we do decide to permanently terminate your Product access you must not continue to try and access our Product, as unfortunately you will no longer be welcome in our community.
- Group Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in our favour in these terms we hold that benefit on trust for the other related parties of ours. We may enforce that benefit as trustee for and on behalf of the other Group Companies as beneficiaries under that trust.
- We may use the services of another Group Company to collect payment or carry out other activities with you to bring you the Product.
- Liability and indemnity - between us and Subscribers
- You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the Product, any Item or the products or services forming part of any Third Party Offer or in connection with any Third Party Service (excluding any losses we incur arising out of our own gross negligence, wilful misconduct or breach of contract).
- To the extent permitted by law, the Product, the Images, Prompts and all Third Party Offers and Third Party Services are made available to you on an “AS IS” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Our liability to you in connection with the Product, your use of the Product or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense, except where such loss is caused by our gross negligence, wilful misconduct or breach of contract; and
- our total aggregate liability arising out of or related to a claim or relating to these terms or the products or services provided in connection with the Product, shall be limited to USD$100.
- Availability: We strive to have Product available to you 24 hours a day, seven days a week but you know how the internet works; occasionally you might not be able to access the Product, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the Product works, including the kinds of Images and Prompts available on the Product. Where possible, we will give you reasonable prior notice of these changes. We and any of the Group Companies will not be liable to you for any loss you suffer as a result of these things.
- Third party: If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, and otherwise to the maximum extent permitted by law, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
- Blocking you: We may block you if we reasonably believe there is a risk associated with you, including if it breaches a law or regulation. Examples of where we might do this include where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
- Notices: Any notice you send us must be submitted via hello@image.bg. Any notice we send to you will be emailed to the email address you provided to us.
- Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes before they take effect. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment we will give you reasonable prior notice about the change, before it takes effect, and you may cease using our Product. If you continue to use the Product after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate the Product from our offices in United Kingdom. The laws of Engloand, United Kingdom govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- Definitions
The following definitions apply to these terms:
Group Companies: Us and any company that controls, is controlled by or is under common control with us.
We, our, or us means Bizafy Limited - AI Image Generation.