Imaginary — User Agreement (Terms of Service)
Last updated: 22 April 2026
1. Who we are and what this Agreement covers
1.1 Imaginary is an AI content–creation platform that lets you generate images, video, audio and related media ("Services"). The Services are provided by Loomi Hong Kong Company Limited, a company incorporated in Hong Kong (Company Registration No. 78760412), whose registered office is at Unit 2004-06, 20/F Strand 50, 50 Bonham Strand, Sheung Wan, Hong Kong ("Imaginary", "we", "us", "our").
1.2 This User Agreement, together with any policies we reference in it (including our Acceptable Use rules in Section 7 and our Privacy Policy), forms a binding agreement between you and Imaginary (the "Agreement"). By creating an account, subscribing, or using the Services, you agree to this Agreement. If you do not agree, do not use the Services.
1.3 If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to that organisation.
2. Definitions
- Input — anything you submit to the Services, including prompts, text, images, video, audio, reference material, characters, and settings.
- Output — content generated by the Services in response to your Input.
- Content — your Input and Output, collectively.
- Third-Party AI Providers — the external AI model providers that perform generation at your request (see Section 6).
- Third-Party Materials — content, models, or rights owned by anyone other than you or us.
3. Eligibility and accounts
3.1 You must be at least 18 years old (or the age of majority where you live, if higher) to use the Services.
3.2 You are responsible for your account, for keeping your login credentials secure, and for all activity under your account. Tell us promptly at support@imaginary-ai.com if you suspect unauthorised use.
3.3 You must provide accurate account and billing information and keep it up to date.
4. Subscriptions, credits and payment
4.1 Plans and credits. The Services are offered through subscription plans and/or prepaid credit balances. Generating content consumes credits at the rates shown in‑product (the "rate card"), which we may update from time to time. The rate card, current plan features, and credit prices are shown on our pricing and account pages and form part of this Agreement.
4.2 Holds and settlement. When you start a generation, we may temporarily reserve ("hold") the estimated credits for that job and settle the actual amount when it completes. If a generation fails on our side, the hold is released and you are not charged credits for it.
4.3 Billing and auto-renewal. Paid subscriptions renew automatically at the end of each billing period at the then‑current price until you cancel. You authorise us (and our payment processors) to charge your payment method on a recurring basis. We use third‑party payment processors and do not store full card details ourselves.
4.4 Cancellation. You may cancel at any time; cancellation takes effect at the end of the current billing period. You keep access until then. We do not provide pro‑rata refunds for partial periods except where required by law.
4.5 Price and plan changes. We may change prices, plan features, and credit rates on a forward‑looking basis. We will give reasonable advance notice of material changes (for example, by email or in‑product). Changes apply from your next billing period or credit purchase; continuing to use the Services after a change takes effect means you accept it.
4.6 Refunds. Except where required by applicable law (including applicable Hong Kong consumer‑protection law) or expressly stated by us, fees and purchased credits are non‑refundable, and unused credits may expire as stated in the applicable plan terms.
4.7 Taxes. Prices are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes, except taxes on our income.
5. Your content and ownership
5.1 Your Input
As between you and us, you keep all rights you already have in your Input. You are responsible for your Input (see Section 7).
5.2 Ownership of your Output
As between you and Imaginary, and to the maximum extent permitted by applicable law, you (a) retain all rights you have in your Input, and (b) own the Output you generate through the Services. To the extent that we have or acquire any right, title or interest in your Output, we hereby assign all of that right, title and interest (if any) to you, and we do not claim ownership of your Output.
5.3 What ownership does and does not mean
You acknowledge and agree that:
(a) Copyright in AI content varies by country. In some jurisdictions (for example, the United States), content generated solely by AI may not be eligible for copyright or other intellectual‑property protection unless a person has made a sufficient creative contribution. Whether your Output is protectable — and who is recognised as its author — depends on applicable law and on your own creative input. We make no representation or warranty that your Output is protected by copyright or any other right.
(b) Output may not be unique. Because of how generative AI works, the Services may produce the same or similar Output for different users, and we and other users may independently generate similar content. Your ownership does not extend to other users' Output, to Third‑Party Materials, or to elements of your Output derived from material you did not have the right to use.
(c) Ownership is not a clearance. Owning your Output (as between you and us) does not guarantee that creating or using it does not infringe someone else's rights. You are responsible for ensuring your Input and your use of the Output are lawful (see Section 7).
5.4 The licence you give us (limited — and no model training)
We need a limited licence only to run the Services for you. You grant Imaginary a worldwide, non‑exclusive, royalty‑free licence to host, store, reproduce, process, transmit and display your Content solely to: (i) provide, secure, troubleshoot and support the Services for you; (ii) route your Input to the Third‑Party AI Providers that perform generation at your request; (iii) comply with law; and (iv) enforce this Agreement.
We do not use your Input or Output to train, fine‑tune, or develop our own AI models. This licence ends when you delete the relevant Content or close your account, except for (a) copies we must keep to comply with law, resolve disputes, or enforce this Agreement, and (b) routine backups, which we delete on our normal retention schedule.
5.5 Feedback
If you send us suggestions or feedback, you grant us a perpetual, royalty‑free licence to use it without restriction. This does not affect your ownership of your Output.
6. Third-Party AI Providers
6.1 Imaginary generates content by routing your requests to Third‑Party AI Providers (for example, Google, BytePlus/Seedance, Alibaba, Kling, OpenAI, MiniMax, and others, which may change over time). When you generate content, your Input and resulting Output are processed by the selected provider under that provider's own terms and privacy practices, in addition to this Agreement.
6.2 We aim to select providers and service tiers that, where reasonably available, do not use customer content to train their models. However, we do not control these providers, some may process content under terms that differ from ours, and provider availability, behaviour and output quality may change. Your use of provider‑powered features is also subject to the relevant provider's acceptable‑use rules.
7. Your responsibilities for Input and use (Acceptable Use)
7.1 You are responsible for your Input and your use of Output. You represent and warrant that:
(a) you own or have all rights, licences and consents needed for your Input and for the Output you create from it — including rights in any photographs, faces, likenesses, names, voices, characters, logos, trademarks, scripts, music or other material you upload or reference; and
(b) your Content and your use of it do not and will not infringe or violate any third party's intellectual‑property, privacy, publicity, data‑protection, contractual or other rights, or any law.
7.2 You must not use the Services to create, upload, generate, or distribute content that:
(a) infringes anyone's intellectual‑property rights or misappropriates their likeness, name or voice without the rights or consents required by law;
(b) sexualises minors in any way, or constitutes child sexual abuse material (zero tolerance — we will remove it, terminate accounts, and report to the relevant authorities);
(c) is non‑consensual intimate or sexual imagery of a real person, or a sexualised or deceptive "deepfake" of a real, identifiable person without their consent;
(d) impersonates a real individual or entity to deceive, defraud, defame, or mislead, or misrepresents the source or provenance of content;
(e) is unlawful, harassing, hateful, or that promotes violence, terrorism, self‑harm, or illegal activity;
(f) violates any applicable law or third‑party right.
7.3 You must not:
(a) circumvent, disable, or strip safety filters, content‑moderation, watermarks, provenance metadata, or usage limits;
(b) resell, sublicense, or provide the underlying AI models or raw generation API to third parties as a standalone service;
(c) use the Services or any Output to train, fine‑tune, or develop a generative‑AI model or any product that competes with Imaginary or its providers;
(d) reverse‑engineer, scrape, overload, or interfere with the Services or their security;
(e) misrepresent AI‑generated content as solely human‑created where applicable law requires disclosure.
7.4 Disclosure. Where the law of a place you operate in requires you to label or disclose that content is AI‑generated, you are responsible for doing so.
7.5 Enforcement. We may review, filter, remove, or refuse Content, and suspend or terminate accounts, where we reasonably believe this Agreement or the law has been or may be breached. We may report unlawful content and cooperate with authorities.
7.6 Copyright and IP complaints (takedown). If you believe content on the Services infringes your intellectual‑property rights, email support@imaginary-ai.com with: (a) your name and contact details; (b) identification of the work or right you say is infringed; (c) the specific content and where it appears on the Services; (d) a statement that you have a good‑faith belief the use is not authorised by the rights‑holder, its agent, or the law; and (e) a statement that the information in your notice is accurate and that you are the rights‑holder or authorised to act on their behalf. We will review valid notices and may remove or disable access to the content, notify the affected user (including by sharing your notice), and suspend or terminate repeat infringers. You are responsible for the accuracy of your notice and may be liable for a knowingly false report.
8. Our intellectual property
The Services, including our software, models integration, user interface, branding, and the "Imaginary" name and logos, are owned by us or our licensors and protected by law. Except for the rights expressly granted to you in this Agreement, we grant you no rights in our intellectual property. You may not use our trademarks without our prior written consent.
9. Disclaimers
9.1 The Services and Output are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, accuracy, and non‑infringement.
9.2 AI output is probabilistic. It may be inaccurate, incomplete, offensive, or unexpected, and may resemble existing works or other users' output. You are responsible for reviewing Output before relying on or publishing it. We do not warrant that Output is accurate, original, unique, protectable, or free of third‑party rights.
9.3 We do not warrant that the Services will be uninterrupted, error‑free, or secure, or that any defect will be corrected.
9.4 Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law (including, under Hong Kong law — in particular the Control of Exemption Clauses Ordinance (Cap. 71) — liability for death or personal injury caused by negligence, or for fraud).
10. Limitation of liability
10.1 To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, however caused.
10.2 To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or this Agreement is limited to the greater of (a) the total fees you paid to us for the Services in the 12 months before the event giving rise to the claim, or (b) USD 100. 10.3 The limitations in this Section apply regardless of the legal theory and even if a remedy fails of its essential purpose, but do not apply to the liabilities described in Section 9.4.
11. Indemnification
You will defend, indemnify, and hold harmless Imaginary and its officers, employees, and agents from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Input or Output; (b) your use of the Services; (c) your breach of this Agreement; or (d) your violation of any law or third‑party right.
12. Privacy and data protection
12.1 Our collection and use of personal data is described in our Privacy Policy, which forms part of this Agreement. We handle personal data in accordance with the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and other applicable laws.
12.2 As described in Section 6, your Content is also processed by Third‑Party AI Providers under their own privacy practices when you generate content.
13. Suspension and termination
13.1 You may stop using the Services and close your account at any time.
13.2 We may suspend or terminate your access, with or without notice, if you breach this Agreement, if required by law, to protect the Services or other users, or for non‑payment.
13.3 On termination, your right to use the Services ends. Sections that by their nature should survive — including 5 (ownership), 7, 9, 10, 11, 14, and 15 — survive termination. Closing your account does not entitle you to a refund except as required by law or Section 4.
14. Changes to the Services and this Agreement
14.1 We may modify, suspend, or discontinue any part of the Services, including specific models or features (for example, if a Third‑Party AI Provider becomes unavailable).
14.2 We may update this Agreement from time to time. If we make material changes, we will give reasonable notice (for example, by email or in‑product). Changes take effect on the stated date; continuing to use the Services after that date means you accept the updated Agreement. If you do not agree, stop using the Services and cancel.
15. Governing law and disputes
15.1 This Agreement is governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict‑of‑laws rules.
15.2 The parties submit to the exclusive jurisdiction of the courts of Hong Kong to resolve any dispute arising out of or relating to this Agreement.
16. General
16.1 Entire agreement. This Agreement is the entire agreement between you and us about the Services and supersedes prior agreements on this subject.
16.2 Severability. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision is modified to the minimum extent needed to make it enforceable.
16.3 No waiver. Our failure to enforce any provision is not a waiver of it.
16.4 Assignment. You may not assign this Agreement without our consent. We may assign it in connection with a merger, acquisition, or sale of assets.
16.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
16.6 No third-party rights. Except as expressly stated, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce any of its terms.
16.7 Contact. Questions about this Agreement: support@imaginary-ai.com. Support: support@imaginary-ai.com.
Loomi Hong Kong Company Limited · Imaginary User Agreement · Last updated 22 April 2026