Terms of Service | Imagine That

Welcome to our game! These Terms of Service ("Terms") govern your access to and use of our website, and the games and services offered thereon (collectively, the "Service"). Our Service provides a creative and collaborative experience where players' text prompts are turned into AI-generated images, creating a fun game.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. Please read them carefully.

1. The Service

Our game is a web-based, multiplayer game where one player writes a descriptive text prompt, the next player's prompt is to describe the previous image, and this continues until the end of the game, where the hilarious and often absurd transformations are revealed. The images are generated by an artificial intelligence based on the text descriptions provided by the players.

2. User Accounts

To play the game, you may be required to create an account. You are responsible for safeguarding your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. User Conduct

You agree to use the Service in a lawful and respectful manner. You are solely responsible for your conduct while using the Service. You agree that you will not:

Use the Service for any illegal or unauthorized purpose.
Submit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Submit any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service.

We reserve the right to remove any content and to suspend or terminate your account without notice for any conduct that we determine, in our sole discretion, violates these Terms or is otherwise harmful to our community or the Service.

4. Intellectual Property Rights

User-Generated Content: The text prompts you and other users submit to the Service ("User Content") remain your intellectual property. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.

AI-Generated Images: The images generated by the AI in response to User Content ("AI-Generated Images") are a core part of the gameplay. You acknowledge that the ownership of AI-Generated Images is a complex and evolving area of law. We do not claim any ownership rights in the AI-Generated Images. You are free to use the AI-Generated Images created in your game sessions for non-commercial, personal purposes. For any other use, you are responsible for ensuring that such use complies with applicable laws.

Our Intellectual Property: The Service and its original content (excluding User Content and AI-Generated Images), features, and functionality are and will remain the exclusive property of [Your Company Name] and its licensors.

5. Third-Party Services

Our Service is built using and relies on the following third-party services:

Hosting: Our application is hosted on Hetzner. Hetzner acts as a data processor, providing the server infrastructure for our Service. You can find more information on their data processing practices in their Data Processing Agreement.
Database: We use Supabase for our database and authentication services. Supabase acts as a data processor, storing game data and user account information. You can review their Data Processing Addendum for more details.
AI Image Generation: The AI-Generated Images are created using Replicate. When you submit a text prompt, it is sent to Replicate to generate the corresponding image. Replicate acts as a sub-processor for this purpose. Their Terms of Service and Privacy Policy govern their handling of this data.

By using our Service, you agree to the terms of service and privacy policies of these third-party providers.

6. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.

7. Limitation of Liability

In no event shall ImagineThat!, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

9. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10. Contact Us

If you have any questions about these Terms, please contact us at marvin.maerz@gmail.com.