Image Farm

Terms and Conditions

Last updated: April 15, 2025

1. Introduction

Welcome to our AI-powered advertisement image generation platform (the "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Service provided by Image Farm (the "Company", "we", "us", or "our"), a company operating from Dubai, United Arab Emirates and Australia. By creating an account or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not use the Service. Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. The Privacy Policy is provided separately below (and is incorporated into these Terms by reference). Please read these Terms and the Privacy Policy carefully before using the Service.

2. Accounts and Eligibility

To access the Service, you must create an account using a valid email address and provide any other information we request for registration. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. By creating an account, you represent and warrant that you meet this eligibility requirement. You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws. You are responsible for all content and actions taken under your account. If you become aware of any unauthorized use of or access to your account, you must notify us immediately. We reserve the right to suspend or terminate any account that we suspect is being used in violation of these Terms or any law, or for security reasons.

3. Free Trial and Subscription Plans

We offer a one-time free trial of the Service for new users, lasting 3 days from the time you first gain access to the Service. During the free trial, you will be able to use the Service without charge. At the end of the 3-day free trial period, your subscription will automatically begin and the payment method you provided will be charged according to the subscription plan you selected (monthly or annual), unless you cancel before the trial ends. If you do not wish to continue with a paid subscription, you must cancel your account or subscription through your account settings before the free trial period expires to avoid any charges. Each user is entitled to only one free trial unless otherwise specified. We reserve the right to determine free trial eligibility and may limit or revoke the free trial offer at our discretion to prevent abuse. After the free trial, continued use of the Service requires a paid subscription as described below.

4. Fees and Payment

Subscription Fees: The Service is provided on a subscription basis. You agree to pay the applicable subscription fees for the plan you select (e.g., monthly or yearly) as set forth on our website or order page. Subscription fees are charged in the currency indicated and are exclusive of any taxes (such as VAT or GST) unless stated otherwise. You are responsible for any taxes or duties payable in your jurisdiction (apart from taxes on our income).

Billing: By signing up for a paid plan, you authorize us (or our third-party payment processor) to charge your provided payment method at the end of your free trial and on a recurring basis (monthly or annually, depending on your plan) for the subscription fees and any applicable taxes. The billing cycle will automatically renew for successive periods (e.g., each month or year) until you cancel. If any payment is not successfully settled (due to expiration, insufficient funds, or otherwise), we may suspend your access to the Service until the issue is resolved.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting our support. Cancellation will prevent future billing, but already-paid fees are non-refundable except where required by law. After cancellation, you will continue to have access to the Service until the end of your current paid period, after which your account may revert to a free or limited-access plan (if available) or be deactivated. We do not provide refunds or credits for partial subscription periods, unused features, or unused days in a billing cycle.

Changes to Fees: Our subscription fees may change over time. If we change the price of your subscription, we will provide you advance notice (for example, by email or through the Service). Price changes will not apply retroactively and will only take effect at the start of the next subscription term. If you do not agree to a fee increase, you may cancel your subscription before the new price takes effect.

All payments shall be processed via secure third-party payment processors. You must provide accurate billing information and keep your payment details current. We do not store your full credit card information on our servers; such information is handled by our payment processor subject to their security and privacy practices.

5. User Content and Intellectual Property

5.1 Your Content (Uploaded Product Photos)

Our Service allows you to upload images of your products or other content (collectively, "User Content") to generate AI-created advertisement images ("Generated Content"). You retain all rights and ownership of your User Content. We do not claim any ownership over the User Content you provide through the Service. By uploading or submitting User Content, you grant the Company and our affiliates, and service providers a limited, non-exclusive, royalty-free, worldwide license (with the right to sub-license to our technology partners as needed) to use, reproduce, modify (e.g., to create derivative works such as the Generated Content), and display your User Content solely for the purpose of operating and providing the Service. This means, for example, we may temporarily store your photo, process it through our AI systems (which may include third-party AI providers such as Google Gemini Flash 2.0 or OpenAI's ChatGPT models), and generate new images based on it. We will not use your User Content for any purpose other than delivering the Service to you (and improving the Service's algorithms only if such use is in accordance with our Privacy Policy and applicable laws). You represent and warrant that you have all necessary rights and permissions to upload the User Content to the Service and to grant the above license. In particular, you promise that your uploaded photos are of your own product or property, or that you have obtained all appropriate permissions from the rights holder. If your User Content contains any trademarks, logos, or copyrighted material, you affirm that you own those or have the authority to use them in this manner. If your User Content depicts any person (such as a model in a product photo), you must have that person's consent to use their likeness and to allow us to process the photo through the Service. You agree not to upload any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable. We reserve the right (but not the obligation) to review, monitor, and remove any User Content that we believe, in our discretion, violates these Terms or applicable law. However, we do not actively monitor all content, and you remain solely responsible for the User Content you provide.

5.2 Generated Content (AI-Produced Images)

Ownership and License to You: Upon successful generation of advertisement images by our AI based on your input, and subject to your compliance with these Terms and payment of any applicable fees, you are granted a broad license to use the resulting Generated Content. The Company does not claim copyright or ownership over the Generated Content created for you from your own User Content. To the extent that any intellectual property rights (such as copyright) may exist in the Generated Content, the Company hereby assigns or licenses such rights to you so that you may use the Generated Content freely. This means you are permitted to download, share, modify, and use the Generated Content for lawful purposes, including commercial use (for example, in your marketing, advertisements, websites, or social media), without paying any additional royalties to the Company.

Conditions of Use: While we strive to provide useful and creative outputs, you understand that the Generated Content is produced by an AI system based on your inputs and other algorithmic factors. You should review any Generated Content before using it, to ensure it is appropriate for your needs and complies with any applicable advertising standards or legal requirements. If you distribute or publicly use the Generated Content, you are not required to attribute the Company, though we appreciate any optional attributions. Please note that due to the nature of AI generation, the same or similar input from another user might result in similar output, and the Generated Content is created from patterns learned by the AI. Therefore, the Generated Content may not be entirely unique. The Company cannot guarantee that no Generated Content will inadvertently resemble content owned by a third party or another user's content. It is your responsibility to ensure that your use of the Generated Content is in compliance with applicable laws and does not infringe on any third-party rights. We strongly recommend that you do not attempt to use the Generated Content in a manner that suggests it was created by a human or that it depicts a real event or person if that is not the case.

6. Acceptable Use and User Responsibilities

You agree to use the Service and any content generated through it only for lawful, authorized purposes. You further agree that you will NOT:

  • Violate Laws or Rights: Use the Service in any manner that violates any applicable law or regulation, or that infringes the rights of any third party (including intellectual property rights and privacy/publicity rights). This includes not using the Service to generate content that you do not have the right to use or that misappropriates someone else's copyrighted images, trademarks, or likeness.
  • Prohibited Content: Upload any content or generate any images that are unlawful, harmful, violent, pornographic, hateful, harassing, defamatory, or otherwise objectionable. You should not use the Service to create images that depict real individuals in a negative or derogatory light, or to produce content that is fraudulent or misleading (for example, fake product images that do not reflect your actual products).
  • Personal Data: Upload any personal data of others without proper consent. For example, do not upload images of people (especially minors) without permission, and do not attempt to use the Service to identify or generate images of private individuals without their knowledge.
  • Interference with Service: Attempt to interfere with or disrupt the integrity or performance of the Service. This includes not introducing viruses or malicious code, not attempting to gain unauthorized access to our systems or networks, and not interfering with other users' use of the Service.
  • Reverse Engineering: Attempt to reverse engineer, decipher, decompile, or otherwise access the underlying software, models, or algorithms of the Service, except to the extent allowed by law. You also agree not to misuse the Service by copying, selling, reselling, or exploiting any part of the Service without permission.
  • Circumventing Limits: Use any automated means (such as bots, scrapers, or scripts) to access or use the Service in a manner that sends more requests to the Service than a human could reasonably produce, or otherwise circumvent any usage limits or controls on the Service.
  • Competitive Use: Use the Service to directly compete with us or to create a competing product. You are not allowed to use the outputs or any portion of the Service to train other AI models or for any purpose that would harm our business interests.

Violation of any of the above may result in immediate termination or suspension of your account without notice, and may also result in legal action against you. The Company reserves the right to report any content or activity that we suspect violates any law or regulation to the appropriate authorities.

7. AI-Generated Content Disclaimers

The Service involves the use of advanced artificial intelligence to create advertisement images based on the User Content you provide. While we aim to produce high-quality and relevant images, it is important to understand the following disclaimers about AI-generated content:

  • No Real-World Reference: The images generated by the AI are not photographs of actual people, products, or locations. They are algorithmically generated, and any resemblance to real persons (living or deceased), places, or events is purely coincidental. The Company does not intentionally replicate or reference any specific individual or brand in the Generated Content unless such elements were present in the User Content you provided.
  • Unpredictability: AI generation can be unpredictable. The Service may not always produce results that meet your expectations or requirements. We do not guarantee that any Generated Content will be accurate, error-free, or suitable for a particular purpose. For example, the AI might produce an image with minor artifacts or an unusual interpretation of your input.
  • Illustrative Purpose: All Generated Content is provided for illustrative and creative purposes. You should not rely on AI-generated images as statements of fact. (For instance, if the background of an image resembles a famous landmark or another product, it should not be taken as a real association with that landmark or product.)
  • User Responsibility: You assume responsibility for how you choose to use the Generated Content. The Company disclaims any liability for the consequences of using or disseminating the images. You should ensure that any claims or messages you convey with the help of the Generated Content are truthful and comply with advertising laws and regulations.
  • Content Quality and Review: The quality and appropriateness of Generated Content may vary. We encourage you to review every AI-generated image carefully. If you find any portion of a generated image that could be sensitive or problematic (for example, unintended inclusion of a brand logo or something that looks like a person's face), you should either refrain from using that image or edit it as needed before use. You may also contact us to report problematic content.

By using the Service, you acknowledge these limitations and agree that the generation of content is, in part, a creative process with outcomes that may not be fully controlled or predicted. We will not be held responsible for any output that you find unsatisfactory or for any actions you take in reliance on the Generated Content.

8. Intellectual Property Rights of the Company

Except for your own User Content and Generated Content as described above, all rights, titles, and interests in and to the Service and its components are and will remain the exclusive property of the Company and its licensors. This includes, but is not limited to, the software, algorithms, AI models, websites, platform design, interfaces, content provided by us (such as text, graphics, logos), and any trademarks or brand elements used by the Company. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own business or personal use in accordance with these Terms. You do not acquire any ownership or proprietary interest in the Service or any part of it by using our platform or by purchasing a subscription. You may not use the Company's name, logos, or trademarks without our prior written consent, except as necessary to accurately identify the Service (for example, in an honest review or testimonial, in accordance with fair use principles). If you choose to provide feedback, suggestions, or ideas about the Service ("Feedback"), you agree that the Company may freely use and exploit such Feedback in any manner, without any obligation to you. Any improvements or modifications to the Service based on your Feedback are the exclusive property of the Company.

9. Disclaimers of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, the Company disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, with respect to the Service and Generated Content. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade. Without limiting the above, the Company makes no warranty or guarantee that:

  • The Service will meet your specific requirements or expectations.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • The Generated Content will be accurate, reliable, free of defects, or suitable for your intended use.
  • Any errors or defects in the Service will be corrected.

You understand that use of the Service is at your own risk. You are solely responsible for any damage to your computer system or device or loss of data that results from using the Service or downloading any material through the Service. No advice or information (whether oral or written) obtained from the Company or through the Service shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by applicable law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption, goodwill, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Service or the Generated Content, even if we have been advised of the possibility of such damages. This limitation of liability applies to all causes of action, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. Additionally, to the maximum extent permitted by law, the total cumulative liability of the Company and its affiliates for any claims arising out of or relating to these Terms or the Service shall not exceed the amount actually paid by you to the Company for the Service in the twelve (12) months immediately preceding the event giving rise to such liability. If you have not paid any amount (for example, if you are using a free trial or free features), the Company's liability to you shall be zero in such case. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law. Because some jurisdictions do not allow the exclusion or limitation of certain damages, in such jurisdictions the liability of the Company shall be limited to the fullest extent permitted by law. You acknowledge and agree that the Company has offered the Service and set its prices in reliance upon the disclaimers of warranty and limitations of liability set forth herein, which allocate risk between us and form an essential basis of our bargain.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent, affiliates, and their respective officers, directors, employees, and agents (collectively, "Indemnitees") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to: (a) your use or misuse of the Service or any Generated Content; (b) your violation of any of these Terms; (c) your violation of any law or regulation or any right of a third party (including any intellectual property or privacy right) in connection with your use of the Service or content you provide; or (d) any dispute or issue between you and any third party (such as your customers or another user) related to your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in such case, you agree to cooperate with our defense of that claim. You will not settle any claim subject to indemnification under these Terms without our prior written consent.

12. Termination

By You: You may stop using the Service at any time. You may also cancel your subscription or close your account at any time by following the instructions in your account settings or contacting us. If you cancel your paid subscription, your account will be downgraded at the end of your current billing period as described in Section 4 (Fees and Payment). If you wish to delete your account and all associated data, you can make a request as described in our Privacy Policy.

By Company: We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, if we have reason to believe that: (i) you have violated these Terms or any applicable law; (ii) you pose a security risk or risk of adverse legal consequences for us; (iii) you fail to pay fees when due; or (iv) we choose to discontinue the Service (in which case we will provide you as much notice as reasonably practicable). We also reserve the right to terminate free accounts or trials that have been inactive for an extended period.

Upon termination of your account for any reason: (a) your right to access or use the Service will immediately cease; (b) you must cease all use of the Service and any of our confidential or proprietary information; and (c) any fees owed to the Company will become immediately due and payable. Termination of your account does not automatically delete your User Content or Generated Content; you may request deletion of your data as described in the Privacy Policy. Any provisions of these Terms which by their nature should survive termination (such as licenses granted by you, disclaimers, limitations of liability, indemnities, and governing law) shall survive. The Company shall not be liable to you or any third party for termination of your account or access to the Service in accordance with these Terms. If your account is terminated (whether by you or by us), you will not be entitled to any refunds for subscriptions already paid, except at our sole discretion or as required by applicable law.

13. Governing Law and Jurisdiction

These Terms shall be governed and construed under:

  • United Arab Emirates (UAE) law for all users and matters not specifically covered under Australian law. If you are using the Service and not based in Australia, or if the legal relationship is primarily with our UAE-based entity, these Terms and any disputes arising from them or the Service are governed by the laws of the United Arab Emirates.
  • Australian law for users based in Australia or if the services are provided to you by our Australian entity. If you reside in Australia, or if you interact primarily with our Australian operations, then these Terms and any disputes arising from them or the Service are governed by the laws of the State of Queensland, Australia, and the applicable federal laws of Australia.

In either case, the governing law is applied without regard to conflict of law principles that would result in the application of any other jurisdiction's laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Jurisdiction: You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Dubai, UAE (when UAE law applies) or the courts in the State of Queensland, Australia (when Australian law applies), as determined by the above choice of law. You and the Company each waive any objection to the venue and jurisdiction of such courts (including any objection based on inconvenience). Notwithstanding the above, we reserve the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or confidential information.

14. Changes to These Terms

The Company may modify or update these Terms from time to time. When we do, we will revise the "last updated" date at the top of the Terms (or the effective date specified upon publication). If we make material changes, we will use reasonable efforts to notify you (for example, by email to the address associated with your account, or by a prominent notice on our website or within the Service). However, it is your responsibility to review the Terms periodically for any changes. Your continued use of the Service after any modifications to the Terms have been posted constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and cancel any accounts or subscriptions you have.

15. Miscellaneous

Entire Agreement: These Terms (together with any additional guidelines or rules that we post on the Service and our Privacy Policy) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision or of any other provision of these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms (in whole or in part), and any rights or obligations hereunder, to any third party at our discretion, including in connection with a merger, acquisition, sale of assets, or by operation of law.

Force Majeure: Neither you nor the Company will be liable for any failure or delay in performance under these Terms (other than payment obligations) to the extent such failure or delay is caused by conditions beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, riots, embargoes, fire, flood, pandemics, or other natural disasters, strikes or labor disputes, or failure of telecommunications or data networks.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. No third party is entitled to enforce any provision of these Terms.

Relationship of Parties: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and the Company. You and the Company are independent contractors with respect to each other.

Headings: Section titles or headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, or if you need to contact us for any reason, please reach out to us at:

Email: support@imagefarm.ai

We will do our best to respond to your inquiry promptly.