Terms of Service

Effective Date: November 10, 2025
Version: 1.0.1

Agreement to Terms

By accessing or using ImageFix ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and High AiQ LLC ("Company," "we," "us," or "our"). Please read them carefully.

Description of Service

ImageFix is an AI-powered image editing and generation platform that provides the following capabilities:

- Background removal and replacement
- AI-powered object editing (addition, removal, modification)
- Image enhancement and touch-up tools
- AI image generation
- Image version management and history tracking

The Service operates on a credit-based system, where each operation consumes credits that you purchase.

Eligibility

To use the Service, you must:

- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under applicable law
- Provide accurate and complete registration information
- Maintain the security of your account credentials

By using the Service, you represent and warrant that you meet these eligibility requirements.

Account Registration

Creating an Account

To use the Service, you must create an account by providing:

- A valid email address
- A secure password

You are responsible for:

- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach

Account Security

You agree to:

- Choose a strong, unique password
- Not share your account credentials with others
- Log out when you finish using the Service on shared devices
- Notify us immediately at support@highaiq.com if you suspect unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

Credit System

Purchasing Credits

- The Service operates on a prepaid credit system
- Credits are purchased through our payment processor (Stripe)
- Credit costs and pricing are displayed on the Service
- All credit purchases are final and non-refundable, except as required by law

Using Credits

- Each Service operation (e.g., background removal, AI generation) consumes a specified number of credits
- Credit costs for each operation are displayed before you confirm the operation
- Insufficient credits will prevent you from completing operations
- You are responsible for monitoring your credit balance

Credit Expiration and Forfeiture

- Credits do not expire while your account remains active
- If you delete your account, all remaining credits are forfeited
- We reserve the right to adjust credit costs for operations with advance notice

Content and Usage Policies

Your Content

You retain ownership of all images you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive license to:

- Store Your Content on our servers
- Process Your Content through our AI systems
- Display Your Content to you within the Service interface
- Perform content moderation analysis

This license terminates when you delete Your Content or close your account.

Content Restrictions

You agree not to upload, create, or generate content that:

- Violates any local, state, national, or international law
- Infringes upon intellectual property rights of others
- Contains child sexual abuse material (CSAM) or child exploitation imagery
- Contains graphic violence, gore, or content intended to shock or disgust
- Promotes terrorism, extremism, or illegal activities
- Contains malware, viruses, or malicious code
- Depicts non-consensual intimate imagery or deepfakes
- Violates the rights of privacy or publicity of others
- Is defamatory, fraudulent, or misleading

Content Moderation

- All uploaded images undergo automated content moderation
- We use AI-powered analysis to detect prohibited content
- Content that fails moderation will be rejected
- Repeated violations may result in account suspension or termination
- Moderation failures are logged for legal compliance and audit purposes

Intellectual Property

You represent and warrant that:

- You own or have the necessary rights to all content you upload
- Your use of the Service does not violate any third-party rights
- You have obtained all necessary permissions for images containing identifiable persons

We are not responsible for any intellectual property disputes arising from Your Content.

Prohibited Uses

You agree not to:

Service Abuse

- Reverse engineer, decompile, or disassemble any part of the Service
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Use automated scripts, bots, or scrapers without permission
- Overload or stress-test the Service infrastructure

Account Violations

- Create multiple accounts to abuse promotions or credits
- Share or sell your account to others
- Use another person's account without permission
- Impersonate any person or entity

Commercial Restrictions

- Resell or redistribute Service access without our written permission
- Use the Service to provide services to third parties without authorization
- Integrate the Service into your application without a commercial license

Misuse of AI Capabilities

- Generate misleading or deceptive content
- Create content for malicious purposes
- Attempt to bypass content moderation systems
- Use the Service for mass-scale content generation beyond normal usage

Violation of these prohibitions may result in immediate account termination.

Service Availability and Modifications

Service Availability

- We strive to maintain 24/7 Service availability
- We do not guarantee uninterrupted or error-free Service
- Scheduled maintenance may temporarily interrupt Service access
- We are not liable for any damages resulting from Service unavailability

Modifications to the Service

We reserve the right to:

- Modify, suspend, or discontinue any feature or functionality
- Update AI models and processing algorithms
- Change credit costs for operations with reasonable notice
- Impose usage limits or restrictions

We will provide reasonable notice of material changes when practicable.

Payment Terms

Payment Processing

- All payments are processed through Stripe, a third-party payment processor
- You must provide valid payment information to purchase credits
- Prices are displayed in U.S. dollars (USD)
- You authorize us to charge your payment method for credit purchases

Billing and Refunds

- All credit purchases are final sale
- No refunds are provided for unused credits
- Credit Protection: You will only be charged for successful predictions. If an error occurs on our side or with our third-party providers, you will not be debited, provided you have not violated any terms of service (such as content moderation violations)
- Refunds may be issued at our sole discretion for:
- Service failures preventing credit usage
- Erroneous charges
- Legal requirements in your jurisdiction

Taxes

You are responsible for any applicable taxes, duties, or government charges related to your use of the Service.

Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Key points:

- We collect email and user ID for account management
- We store your uploaded and processed images
- We perform content moderation on all images
- We do not sell your data to third parties
- You can delete your data at any time

Please review our Privacy Policy for complete details.

Intellectual Property Rights

Our Intellectual Property

The Service and all related content, features, and functionality are owned by High AiQ LLC and are protected by:

- Copyright laws
- Trademark laws
- Patent laws
- Trade secret laws
- Other intellectual property rights

You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

Generated Content

For content you generate using our AI tools:

- You own the generated output images
- We grant you a perpetual, worldwide license to use generated content
- You are responsible for ensuring generated content complies with these Terms
- We retain no rights to your generated content

Trademarks

"ImageFix" and related marks are trademarks of High AiQ LLC. You may not use our trademarks without our prior written consent.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF RESULTS
- AVAILABILITY OR UPTIME

WE DO NOT WARRANT THAT:

- The Service will meet your requirements
- The Service will be uninterrupted, timely, or error-free
- AI-generated or edited content will meet your expectations
- Defects will be corrected

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGH AIQ LLC SHALL NOT BE LIABLE FOR:

- INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
- DAMAGES RESULTING FROM SERVICE DOWNTIME OR ERRORS
- DAMAGES FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
- DAMAGES FROM YOUR USE OF AI-GENERATED CONTENT

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Exceptions

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless High AiQ LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Your Content or AI-generated content you create
- Your violation of any applicable laws or regulations

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Arbitration Agreement

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court.

Exceptions to Arbitration

The following disputes are not subject to arbitration:

- Claims for injunctive or equitable relief
- Intellectual property disputes
- Small claims court matters within jurisdictional limits

Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Jurisdiction

For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Delaware.

Termination

Termination by You

You may terminate your account at any time by:

- Contacting us at support@highaiq.com
- Following the account deletion process in the Service

Upon termination, you will forfeit all remaining credits.

Termination by Us

We may suspend or terminate your account immediately, without notice, if:

- You violate these Terms
- You upload prohibited content
- You engage in fraudulent or illegal activity
- Required by law or government request
- Your account poses a security risk
- At our sole discretion for any reason

Effect of Termination

Upon termination:

- Your access to the Service will be immediately revoked
- Your account data may be deleted after a reasonable period
- All remaining credits are forfeited
- Sections of these Terms that should survive termination will remain in effect

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and High AiQ LLC regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of future enforcement.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

- Natural disasters
- War or terrorism
- Government actions
- Internet or telecommunications failures
- Labor disputes

Contact for Legal Notices

All legal notices should be sent to:

High AiQ LLC
Email: support@highaiq.com

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

- We will update the "Effective Date" at the top
- We will increment the version number
- For material changes, we may require you to review and accept the updated Terms

Your continued use of the Service after changes constitute acceptance of the new Terms.

We encourage you to review these Terms periodically.

Contact Us

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

High AiQ LLC
Email: support@highaiq.com

We will respond to your inquiry within 30 days.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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*Last Updated: November 10, 2025*
*Version: 1.0.1*