Image Presto Terms of Service

1. Introduction

Welcome to Image Presto! These Terms of Service ("Terms") govern your use of our AI image generation service ("Service"). By accessing or using Image Presto, you agree to comply with and be bound by these Terms.

2. Use of Service

2.1 Eligibility

To use Image Presto, you must be at least 18 years old or have the consent of a legal guardian. By using the Service, you confirm that you meet this requirement.

2.2 Account Registration

You may need to create an account to access certain features of the Service. You agree to provide accurate and complete information when creating your account and to update this information as necessary.

2.3 Prohibited Uses

You agree not to use the Service to:

• Generate images that violate any laws, regulations, or the rights of others, including but not limited to copyright and trademark laws.
• Create images that are obscene, offensive, defamatory, or harmful.
• Misuse the Service in any manner that could disrupt its operation or interfere with other users' enjoyment of the Service.

3. User Responsibilities

3.1 Content Responsibility

You are solely responsible for any images you generate using the Service. This includes ensuring that your generated images do not violate copyright, trademark, or other intellectual property rights, and that they comply with all applicable laws and regulations.

3.2 Copyright and Trademark Compliance

You agree not to generate images that infringe upon the copyrights or trademarks of others. It is your responsibility to ensure that any images you create do not violate intellectual property rights.

3.3 Indemnification

You agree to indemnify, defend, and hold harmless Image Presto and its affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, including but not limited to any violation of these Terms or any third-party rights.

4. Image Presto's Responsibilities

4.1 Service Availability

Image Presto will make reasonable efforts to keep the Service operational. However, we do not guarantee uninterrupted access to the Service and are not liable for any downtime.

4.2 Content Monitoring

Image Presto does not pre-screen or monitor the images generated by users. We are not responsible for the content of images created using the Service and do not endorse any user-generated content.

5. Limitation of Liability

To the fullest extent permitted by law, Image Presto shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.

6. Privacy Policy

6.1 Information Collection

We collect information you provide directly to us when you create an account, use the Service, or communicate with us. This may include your name, email address, and any other information you choose to provide.

6.2 Use of Information

We use the information we collect to:

• Provide, maintain, and improve the Service.
• Communicate with you, including responding to your comments, questions, and requests.
• Monitor and analyze trends, usage, and activities in connection with the Service.

6.3 Information Sharing

We do not share your personal information with third parties except as necessary to provide the Service, comply with the law, or protect our rights.

6.4 Data Security

We take reasonable measures to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

6.5 Changes to Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our website. You are advised to review this Privacy Policy periodically for any changes.

7. Changes to Terms

Image Presto reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.

9. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@imagepresto.com

10. California Privacy Rights

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

• The right to know what personal information we collect about you and how we use and share it;
• The right to delete personal information we have collected from you, subject to certain exceptions;
• The right to correct inaccurate personal information;
• The right to opt-out of the sale or sharing of your personal information; and
• The right to non-discrimination for exercising your CCPA rights.

To exercise any of these rights, please email us at info@imagepresto.com. We will respond to your request within the timeframe required by applicable law.

11. EU Data Protection Rights

If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). These include:

• The right to access, update or delete the information we have on you;
• The right of rectification - to have your information corrected if it is inaccurate or incomplete;
• The right to object to our processing of your personal data;
• The right of restriction - to request that we restrict the processing of your personal information;
• The right to data portability - to receive a copy of the information we have on you in a structured, machine-readable format;
• The right to withdraw consent at any time where we relied on your consent to process your personal information.

To exercise any of these rights, please email us at info@imagepresto.com. We will respond to your request within the timeframe required by applicable law.

12. Data Protection Officer

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this policy, including any requests to exercise your legal rights, please contact our DPO at info@imagepresto.com.

13. International Data Transfers

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Exercise Your Privacy Rights

If you are a resident of California or the European Union, you can use this form to exercise your privacy rights: