Terms of Service
Last updated: January 2025
Service Terms
These terms govern your use of the ImageGPT API service.
1. Service Description
ImageGPT provides a business-to-business (B2B) image generation API service. By accessing or using our service, you agree to be bound by these Terms of Service. If you are using the service on behalf of an organization, you represent that you have authority to bind that organization to these terms.
2. Account and Access
You must provide accurate account information and maintain the security of your credentials. You are responsible for all activity under your account. We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.
3. Acceptable Use
You agree not to use ImageGPT to generate content that: (a) is illegal or promotes illegal activities; (b) infringes on intellectual property rights; (c) contains malware or harmful code; (d) depicts minors in harmful situations; (e) constitutes harassment or hate speech; (f) impersonates others deceptively; or (g) violates any applicable laws or regulations. We reserve the right to remove content and suspend accounts that violate these policies.
4. Content Ownership
You retain full ownership of the prompts you submit and the images generated from those prompts. ImageGPT does not claim any ownership rights to your prompts or generated images. You grant us only a limited, non-exclusive license to process your prompts and store generated images solely for the purpose of caching and service delivery.
5. Content Retention
ImageGPT will store, serve, and retain your generated content only while your account remains in good standing. ImageGPT is not liable for any service disruption, loss of content, or inability to access generated images resulting from your account not being in good standing, including but not limited to account suspension, termination, or non-payment.
6. API Usage
API access is subject to rate limits and usage quotas based on your subscription plan. You agree not to circumvent rate limits, reverse engineer the service, or use automated systems to overload our infrastructure. We may modify API features with reasonable notice.
7. Abuse and Client Responsibility
You acknowledge that ImageGPT API endpoints are publicly accessible and that it is solely your responsibility to configure appropriate security policies, rate limits, and access controls to prevent unauthorized use or abuse of the service through your account. ImageGPT is not liable for any expenses, costs, or overages resulting from abuse of the service, whether by you or by third parties accessing your API endpoints. Any costs incurred due to abuse, unauthorized access, or failure to implement adequate protections are your sole responsibility.
8. Payment and Billing
Paid plans are billed in advance on a monthly or annual basis and are not pro-rated. Overage charges, if applicable, may be charged and collected at any time after they are incurred. All fees are non-refundable except as required by law. We may change pricing with 30 days notice to your account email.
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. We are not liable for temporary unavailability due to maintenance, provider issues, or circumstances beyond our control. Enterprise plans may include SLA guarantees as specified in separate agreements.
10. Limitation of Liability
To the maximum extent permitted by law, ImageGPT and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability shall not exceed the fees paid by you in the month preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless ImageGPT, its affiliates, and their respective officers, directors, and employees from any claims, damages, or expenses arising from your use of the service, your content, or your violation of these terms.
12. Modifications
We may modify these terms at any time. The most current version will always be available on this page. Continued use of the service after changes constitutes acceptance of the modified terms.
13. Termination
Either party may terminate this agreement at any time. Upon termination, your access to the service will cease. We may retain cached content for a reasonable period. Sections regarding ownership, liability, and indemnification survive termination.
14. Governing Law
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
15. Contact
For questions about these terms, please use the contact link on our website.