Terms of Service
Effective date: 29 March 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and i imagine (ABN/ACN as applicable), a business registered in Victoria, Australia ("Company", "we", "us"), governing your access to and use of the iimagine pro platform, including all related websites, APIs, and services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
2. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
3. Account Registration
To access certain features, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.
4. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates any applicable law or regulation of the Commonwealth of Australia or the State of Victoria
- Attempt to gain unauthorised access to any part of the Service, other accounts, or computer systems
- Use the Service to transmit malicious code, spam, or any harmful content
- Reverse engineer, decompile, or disassemble any part of the Service
- Resell, sublicense, or redistribute the Service without our prior written consent
- Use the Service in a manner that could damage, disable, or impair the Service
5. Subscriptions and Payment
Certain features of the Service require a paid subscription. By subscribing, you agree to pay the applicable fees as displayed at the time of purchase. All fees are quoted in US dollars unless otherwise stated.
Subscriptions are billed on a monthly recurring basis per seat. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period. No refunds are provided for partial billing periods unless required by Australian Consumer Law.
We reserve the right to change our pricing with 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
6. Intellectual Property
The Service, including all software, content, design, trademarks, and documentation, is owned by i imagine and is protected by Australian and international intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.
You retain ownership of all data and content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide licence to host, store, process, and display your User Content solely for the purpose of providing the Service to you.
7. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
8. AI-Generated Content
The Service uses artificial intelligence to generate responses and execute actions. While we strive for accuracy, AI-generated content may contain errors or inaccuracies. You acknowledge that AI outputs are provided "as is" and should be reviewed before reliance. We are not liable for decisions made based on AI-generated content.
9. Service Availability
We endeavour to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. We may suspend or discontinue the Service (or any part of it) at any time for maintenance, updates, or other reasons, with reasonable notice where practicable.
10. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), our total liability to you for any claim arising out of or in connection with the Service is limited to the amount you paid to us in the 12 months preceding the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
11. Indemnification
You agree to indemnify and hold harmless i imagine, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, or your breach of these Terms.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, upon reasonable notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will survive.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal therefrom.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service with a revised effective date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
16. Contact
If you have any questions about these Terms, please contact us at dev@s7group.com.