1. Acceptance of Terms

By accessing or using ImagiBooks ("Service"), you agree to be bound by these Terms of Service and our Privacy Policy. 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 Track Our Health, LLC("Company," "we," "us," or "our") regarding your use of the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

ImagiBooks is an AI-powered platform that enables users to create personalized stories and books. The Service includes:

• Story Generation: AI-powered creation of narrative content based on user prompts and preferences
• Character Creation: Tools to design and customize story characters with AI-generated visual representations
• Illustration Generation: AI-generated artwork to accompany stories
• Audio Narration: Text-to-speech conversion of story content
• Story Library: Storage and management of created stories
• Sharing Features: Ability to share stories with others

The Service utilizes multiple third-party AI technologies, including Google Gemini, OpenAI, Anthropic, and other models accessed via OpenRouter, to generate content. We may add, remove, or change AI providers at any time to improve the Service. The quality, accuracy, and appropriateness of AI-generated content may vary depending on the model used and the inputs provided.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Parental and Guardian Responsibility: If you are a parent, legal guardian, or other responsible adult who permits a minor to use the Service, you accept full responsibility for that minor's use of the Service, including all content generated, any financial charges incurred, compliance with these Terms, and participation in any dispute resolution or arbitration proceedings on the minor's behalf. You agree to be bound by these Terms in connection with the minor's use.

For children under 13: The Service is not intended for children under 13 years of age. Parents, guardians, or other authorized adults may create content on behalf of their children, but children under 13 may not create accounts or directly use the Service. See ourPrivacy Policyfor more information about our compliance with children's privacy laws.

3.2 Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. We encourage you to use a strong, unique password and enable any available two-factor authentication features.

4. User-Generated Content

4.1 Your Content

"User Content" refers to any content you submit, upload, or input into the Service, including but not limited to:

• Story prompts and descriptions
• Character names and descriptions
• Uploaded reference images (if applicable)
• Any other text, images, or data you provide

4.2 Ownership

You retain ownership of your original User Content. However, by submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of operating, developing, and improving the Service.

4.3 Content Responsibilities

You are solely responsible for your User Content and represent that:

• You own or have the necessary rights to use and authorize use of your User Content
• Your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content complies with all applicable laws and these Terms
• Your User Content is appropriate for the intended audience of your stories

4.4 Content Moderation

We reserve the right, but are not obligated, to review, monitor, or remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We may also remove content that could be harmful to minors or otherwise inappropriate for our platform.

5. AI-Generated Content

5.1 Nature of AI Content

The Service uses artificial intelligence to generate stories, illustrations, and audio narration ("AI Content"). You acknowledge and agree that:

• AI Content is generated based on your inputs and prompts
• AI Content may not always be accurate, appropriate, or aligned with your expectations
• AI systems may produce similar or identical content for different users with similar inputs
• AI Content should be reviewed before sharing, especially for stories intended for children

5.2 Ownership of AI Content

Subject to these Terms and applicable law, you may use AI Content generated through your use of the Service for personal and commercial purposes. However:

• We do not guarantee exclusive rights to any AI Content
• Similar AI Content may be generated for other users
• You may not claim that AI Content was created entirely by you without AI assistance
• We retain the right to use AI Content to improve our Service and AI models

5.3 AI Limitations and User Responsibility

AI technology has inherent limitations. We do not guarantee that AI Content will:

• Be free from errors, biases, or inaccuracies
• Be suitable for any particular purpose
• Not infringe on third-party intellectual property rights
• Be appropriate for all audiences

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, and branding (excluding User Content and AI Content), is and will remain the exclusive property of Track Our Health, LLC and its licensors. This includes:

• The ImagiBooks name, logo, and branding
• The design and layout of the Service
• Our proprietary software and algorithms
• Documentation and marketing materials

6.2 Third-Party Services

The Service integrates with third-party services, including multiple AI providers (Google Gemini, OpenAI, Anthropic, and others via OpenRouter), Clerk for authentication, Convex for data storage, Stripe for payments, and AWS for asset storage and delivery. Your use of such third-party services is subject to their respective terms and conditions. We are not responsible for the content, accuracy, or practices of third-party services.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

7. Prohibited Uses

You agree not to use the Service to:

7.1 Illegal or Harmful Activities

• Violate any applicable laws, regulations, or third-party rights
• Generate, distribute, or facilitate any illegal content
• Harass, abuse, threaten, or intimidate others
• Promote violence, hatred, or discrimination
• Create content that exploits or endangers minors

7.2 Inappropriate Content

• Generate explicit sexual content or pornography
• Create content depicting graphic violence or gore
• Produce content promoting self-harm or dangerous activities
• Generate content that is defamatory or fraudulent

7.3 Technical Abuse

• Attempt to bypass any security measures or access controls
• Interfere with the proper functioning of the Service
• Use automated means to access the Service without our permission
• Reverse engineer, decompile, or attempt to extract source code
• Overload or overwhelm our systems with excessive requests

7.4 Misrepresentation

• Impersonate any person or entity
• Misrepresent your affiliation with any person or entity
• Create accounts using false identities or information
• Claim AI-generated content as entirely human-created for deceptive purposes

8. Payments and Subscriptions

8.1 Free and Paid Services

The Service may offer both free and paid tiers. Paid features may include increased usage limits, premium features, priority support, or other benefits as described on our pricing page.

8.2 Billing

If you subscribe to a paid plan, you agree to pay all applicable fees. Fees are billed in advance on a recurring basis (monthly or annually, depending on your selection). You authorize us to charge your payment method for all fees due.

8.3 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to paid features until the end of your current billing period. We generally do not provide refunds for partial subscription periods, except as required by law or at our sole discretion.

8.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide reasonable notice of any price changes before they take effect. Continued use of paid features after a price change constitutes acceptance of the new pricing.

9. Termination

9.1 Termination by You

You may terminate your account at any time by emailing support@imagibooks.com with a request to delete your account. We will process your request within 30 days. Upon termination, your right to use the Service will immediately cease, and your account data will be deleted in accordance with our Privacy Policy. We are actively developing self-service account deletion within the platform.

9.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Conduct that we determine is harmful to other users or the Service
• Extended periods of inactivity
• Request by law enforcement or government agencies
• Discontinuation of the Service

9.3 Effect of Termination

Upon termination, your license to use the Service terminates, and we may delete your account and associated data. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, disclaimers, indemnification, and limitations of liability.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless Track Our Health, LLC, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Your User Content
• Any claim that your User Content caused damage to a third party

13. DMCA / Copyright Infringement

13.1 Reporting Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our Designated Agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material
• Your contact information, including your address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

13.2 Designated Agent

13.3 Counter-Notification

If you believe that your content was wrongly removed or disabled as a result of a DMCA notice, you may submit a counter-notification to our Designated Agent with:

• Your physical or electronic signature
• Identification of the material that has been removed and the location at which it appeared before it was removed
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district

13.4 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers of copyrighted works. We reserve the right to remove any content and terminate any account at our sole discretion, with or without notice, for actual or suspected copyright infringement.

14. Governing Law and Disputes

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may pursue binding arbitration under the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14.4 Minor Users

For users under the age of 18, the parent, legal guardian, or responsible adult who consented to the minor's use of the Service is responsible for participating in any dispute resolution or arbitration proceedings on the minor's behalf. By permitting a minor to use the Service, you agree to be bound by the dispute resolution provisions of these Terms as they relate to the minor's use.

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on the Service with a new effective date
• Sending an email to the address associated with your account (for material changes)
• Displaying a prominent notice within the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Contact Information

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