Terms of Service
1. Acceptance of Terms
By accessing or using ImagR ("Service"), operated by DesignGecko GmbH ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 16 years of age and have the legal capacity to enter into these Terms.
2. Service Description
ImagR is an AI-powered image preparation service designed for laser engraving. The Service allows users to upload images and receive optimized files suitable for laser engraving on various materials.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including availability of any feature, database, or content, with or without notice.
3. User Accounts
To access certain features of the Service, you may be required to create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring that your account information is accurate and up-to-date
Each account is for a single user only. You may not share your account credentials with any other person or allow multiple people to use your account.
4. Subscriptions & Payments
4.1 Subscription Plans
The Service offers various subscription plans with different billing cycles (monthly, semi-annually, annually). Features and pricing for each plan are displayed on our website and may change from time to time.
4.2 Billing
By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel. Subscription fees are billed in advance at the beginning of each billing period.
4.3 Price Changes
We may change subscription prices at any time. Price changes will take effect at the start of your next billing period. We will provide you with reasonable notice of any price increase.
4.4 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to the Service until the end of your current billing period.
5. Refund Policy
No Refunds for Digital Products: Due to the nature of digital software and services, all purchases are final. We do not offer refunds for any subscription payments, including partial refunds for unused portions of a subscription period.
This policy exists because:
- Digital services are delivered immediately upon purchase
- Service features cannot be "returned" once accessed
- We offer a free tier to evaluate the Service before purchasing
We encourage you to use our free tier to fully evaluate the Service before committing to a paid subscription.
In exceptional circumstances (such as technical issues preventing service access), we may, at our sole discretion, offer credits toward future service or partial refunds. Contact us if you believe such circumstances apply to you.
6. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Share Accounts: Share your login credentials with others or allow multiple users to access the Service through a single account
- Automate Access: Use bots, scripts, scrapers, or other automated means to access the Service, submit images, or extract data without our explicit written permission
- Circumvent Limits: Attempt to bypass usage limits, create multiple free accounts, or otherwise circumvent the technical limitations of the Service
- Resell Service: Resell, sublicense, or provide the Service to third parties without authorization
- Illegal Content: Upload images that are illegal, infringe on intellectual property rights, or contain harmful content
- Harm Service: Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its related systems
- Reverse Engineer: Reverse engineer, decompile, or attempt to extract the source code or algorithms of the Service
7. Account Termination
We reserve the right to suspend or terminate your account immediately, without prior notice or liability, if you violate these Terms.
Grounds for immediate account termination include, but are not limited to:
- Sharing account credentials with third parties
- Using automated tools or bots to access the Service
- Creating multiple accounts to circumvent usage limits
- Reselling or redistributing the Service without authorization
- Uploading illegal or infringing content
- Any activity that negatively impacts Service performance for other users
- Fraudulent or deceptive practices
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
No refunds will be provided for accounts terminated due to Terms violations.
8. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of DesignGecko GmbH. The Service is protected by copyright, trademark, and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from DesignGecko GmbH.
9. User Content
You retain all rights to the images you upload to the Service. By uploading images, you grant us a limited, non-exclusive license to process and store your images solely for the purpose of providing the Service.
You represent and warrant that you own or have the necessary rights to the images you upload, and that your images do not infringe on the intellectual property rights of any third party.
We do not claim ownership of your images and will not use them for any purpose other than providing the Service, unless you explicitly grant us permission.
10. Disclaimers
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Results obtained from the Service will be accurate or reliable
- The quality of the Service will meet your expectations
- Any errors in the Service will be corrected
The final quality of laser engravings depends on many factors outside our control, including your laser equipment, settings, materials, and technique. We are not responsible for the results of your engravings.
11. Limitation of Liability
To the maximum extent permitted by applicable law, DesignGecko GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, resulting from:
- Your access to or use of (or inability to access or use) the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability exceed the amount you have paid to us in the twelve (12) months preceding the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless DesignGecko GmbH and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of a third party
- Any content you upload to the Service
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, for significant changes, by sending you an email notification.
Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.
14. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in Wels, Austria.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15. Contact
If you have any questions about these Terms, please contact us:
DesignGecko GmbHStifterstraße 21A
4701 Bad Schallerbach
Austria
Email: [email protected]
Phone: +43 699 181 779 04