Terms of Service
Last updated: November 20, 2024
1. Introduction
1.1 These Terms of Service, along with our Privacy Policy incorporated by reference (together, this “Agreement”), constitute a legally binding contract between you and TypeIMG and its affiliates (collectively, "TypeIMG," "Company," "we," or "our") regarding your use of the TypeIMG platform, website, and associated applications (collectively, the “Services” or “TypeIMG”).
1.2 By using the Services, you represent and warrant that you have the legal capacity to accept and agree to these Terms and that you are at least 13 years old. If you use the Services on behalf of a company or organization, you agree to these Terms on behalf of that entity and warrant that you have the authority to bind the entity to this Agreement.
1.3 IMPORTANT NOTICE: Your use of the Services indicates your acceptance of this Agreement. If you do not agree to these Terms, you should not use TypeIMG or any of its associated Services.
1.4 Modifications: TypeIMG reserves the right to update or amend these Terms to provide better services or to comply with legal requirements. Updates become effective upon publication, unless specified otherwise. Continued use of the Services after such changes indicates acceptance of the new Terms.
1.5 Arbitration Notice: Any disputes arising under this Agreement will be resolved through binding, individual arbitration. BY ACCEPTING THIS AGREEMENT, YOU AND TYPEIMG WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
2. Registration and Account Use
2.1 Eligibility Requirements
- You must be at least 13 years old to use the Services.
- Users under the legal age of majority in their jurisdiction may only use the Services with parental or guardian consent.
2.2 Account Registration
- To access the Services, you may need to create an account by providing accurate, current, and complete information.
- You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.
2.3 Account Safety
- You agree to secure your account, maintain accurate information, and promptly notify us of unauthorized use.
- Only you may use your account, and you may not transfer or sell your account.
3. Acceptable Use and Conduct Guidelines
3.1 You agree not to use the Services to:
- Upload, distribute, or share unlawful, offensive, defamatory, or harmful content.
- Engage in unauthorized commercial activities or spamming.
- Circumvent security measures or disrupt the functionality of the Services.
3.2 You understand that:
- The Services may generate content that is not fully accurate or may not reflect actual people or facts.
- Output generated should be independently verified for accuracy before being used in any critical decision-making processes.
3.3 We cannot guarantee that any content will be free of viruses or harmful components. Please implement your own security measures.
4. Intellectual Property Rights and Content Use
4.1 Ownership of Content
- Any content you upload or create using the Services (“Content”) remains your intellectual property.
4.2 Your Responsibilities
- You must own or have rights to the Content you upload.
- You are responsible for ensuring that your Content does not infringe any third-party rights.
5. Privacy and Data Handling
5.1 Data Collection and Use
- TypeIMG collects and processes personal data in accordance with Privacy Policy.
5.2 Security
- TypeIMG uses SSL encryption and other security measures to protect your data. You acknowledge that TypeIMG is not liable for unauthorized access resulting from factors beyond its control.
6. Payment Terms (if applicable)
6.1 Paid Services
- Some Services may require payment, as outlined on the TypeIMG platform.
- TypeIMG reserves the right to modify pricing for its Services, and any changes will be communicated in advance.
6.2 Third-Party Services
- TypeIMG may display links to third-party services for payment processing. You should enter into agreements directly with these third parties as applicable.
7. Limitation of Liability and Disclaimer of Warranties
7.1 No Warranties
- The Services are provided "as is" without any warranties, express or implied.
- TypeIMG does not guarantee that the Services will meet your requirements or that they will be uninterrupted or error-free.
7.2 Limitation of Liability
- To the fullest extent permitted by law, TypeIMG shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Services.
- TypeIMG's liability for any claims related to the Services is limited to the amount you have paid to TypeIMG in the last 16 months.
8. Termination
8.1 Termination by User
- You may stop using the Services at any time. Termination of your account will be effective upon your request through your account settings or by contacting TypeIMG support.
8.2 Termination by TypeIMG
- TypeIMG may suspend or terminate your access to the Services at any time, with or without cause, and will provide a pro-rated refund for any unused, prepaid Services in case of termination.
8.3 Effect of Termination
- Upon termination, your access to the Services will cease, and any data associated with your account may be deleted.
9. Dispute Resolution
9.1 Governing Law
- This Agreement is governed by the laws of the Netherlands, regardless of the place of registration of the company.
9.2 Arbitration
- Any dispute arising from this Agreement shall be resolved through binding arbitration under the rules of the Netherlands Arbitration Institute (NAI) in the Netherlands.
9.3 Class Action Waiver
- Disputes must be resolved on an individual basis. You waive the right to participate in any class or representative action by agreeing to this Agreement.
10. Miscellaneous
10.1 Entire Agreement
- This Agreement and the incorporated Privacy Policy constitute the entire agreement between you and TypeIMG regarding your use of the Services.
10.2 Severability
- If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.
10.3 Feedback
- Any feedback you provide becomes the property of TypeIMG, which TypeIMG may use without compensation or acknowledgment to you.
11. Contact Information
For questions or complaints regarding this Agreement, please contact TypeIMG support at support@typeimg.com.