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, books, music, research content, news digests, videos, and other creative works. The Service includes, but is not limited to:

• 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 and Cover Art Generation: AI-generated artwork, scene illustrations, and cover images
• Music Generation: AI-generated music tracks, lyrics, cover art, and audio stems
• Audio Narration: Text-to-speech conversion of story and other textual content
• Research and News: AI-assisted research summaries and news digest generation
• Video Generation: AI-generated video content and multimedia compositions
• Content Library: Storage and management of all created content
• Sharing Features: Ability to share content publicly or 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.

ImagiBooks is a creative tool, not an author or publisher. You control what content is created, how it is edited, and whether it is saved, shared, or published. ImagiBooks provides software tools that assist you in generating drafts, illustrations, music, audio narration, research summaries, videos, and other content based on your directions. ImagiBooks does not claim authorship of your content, does not editorially review or approve content before publication, and does not guarantee that any output is original, non-infringing, or copyrightable.

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
• Music prompts, lyrics, and audio descriptions
• Research topics and news preferences
• Video prompts and storyboard descriptions
• Uploaded reference images (if applicable)
• Any other text, images, audio, 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 for the purpose of operating, developing, improving, and enhancing the Service, including for the purpose of training, fine-tuning, or improving AI models or content generation systems as described in Section 5.3.

4.3 Content Responsibilities and Representations

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

• You own or have the necessary rights to use and authorize use of your User Content
• Your User Content does not infringe or misappropriate any third-party rights, including copyright, trademark, trade secret, patent, privacy, or publicity rights
• Your User Content does not contain or reference copyrighted characters, storylines, settings, or other creative elements belonging to third parties without proper authorization
• Your User Content complies with all applicable laws, regulations, and these Terms
• Your User Content is appropriate for the intended audience of your content
• You will not use the Service to reproduce, imitate, or create derivative works of existing copyrighted material belonging to third parties

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, cover art, music tracks, lyrics, audio narration, research summaries, news digests, videos, and other generated outputs (collectively, "AI Content"). AI Content is produced by automated systems operated by third-party AI providers based on your inputs and prompts. You acknowledge and agree that:

• AI Content is generated by third-party artificial intelligence models in response to your inputs — ImagiBooks does not author, manually create, or editorially approve AI Content before it is presented to you
• AI Content may not always be accurate, appropriate, or aligned with your expectations
• AI Content is not unique — other users may receive similar or identical outputs from the same or similar inputs
• AI Content should be carefully reviewed before sharing, especially for content intended for children
• AI systems may inadvertently generate content that resembles existing copyrighted works, trademarks, or other protected material, even without explicit direction to do so
• AI-generated images, videos, and other visual or audio content may inadvertently depict faces, voices, likenesses, or characteristics that resemble real individuals — ImagiBooks does not control and cannot predict whether AI outputs will resemble any particular person

5.2 Ownership and Copyright Status of AI Content

As between you and ImagiBooks, and to the maximum extent permitted by applicable law, you may use AI Content generated through your use of the Service for personal and commercial purposes, subject to the following:

• No copyright guarantee. Under current U.S. law and applicable international law, AI-generated content may not be eligible for copyright protection. ImagiBooks makes no representation or warranty that any AI Content is copyrightable, registrable with any copyright office, or protectable as intellectual property
• No exclusivity. AI Content is not unique to you. Other users may receive similar or identical outputs. Our grant of rights to you does not extend to outputs generated for other users
• No infringement warranty. ImagiBooks does not warrant that AI Content is free from third-party intellectual property claims. You are solely responsible for evaluating AI Content for potential infringement before any use, publication, commercialization, or distribution
• Human contribution may affect copyrightability. To the extent you make substantial creative modifications, selections, or arrangements to AI Content, those human-authored elements may be eligible for copyright protection under applicable law. ImagiBooks does not provide legal advice on copyrightability

5.3 License to ImagiBooks

By generating AI Content through the Service, you grant ImagiBooks a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, display (including in public galleries if you choose to share), reproduce, distribute, and use such AI Content for the purposes of operating, maintaining, improving, and developing the Service, including for the purpose of training, fine-tuning, or improving AI models or content generation systems. As of the effective date of these Terms, ImagiBooks does not own or train AI models; however, we reserve the right to do so in the future. If we begin using your content for model training, we will update these Terms and provide notice in accordance with Section 17.

5.4 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
• Be free from resemblance to or reproduction of existing copyrighted works, trademarked characters, or other protected material
• Be appropriate for all audiences
• Be eligible for copyright registration or legal protection in any jurisdiction

5.5 Copyright Registration Disclosures

If you seek to register a work created using the Service with the U.S. Copyright Office or any other copyright authority, you are solely responsible for accurately describing your human-authored contributions, disclosing the use of AI-generated material, and excluding or disclaiming any AI-generated portions as required by the applicable authority. ImagiBooks is not responsible for the outcome of any copyright registration application and does not provide legal advice regarding copyrightability or registration requirements.

5.6 Music-Specific Disclaimers

AI-generated music, including melodies, harmonies, lyrics, and audio recordings, may inadvertently resemble existing copyrighted musical compositions or sound recordings. Music copyright involves distinct rights (including composition rights, sound recording rights, mechanical rights, performance rights, and synchronization rights), and AI-generated music may trigger obligations under any or all of these categories. ImagiBooks does not warrant that AI-generated music is free from similarity to existing musical works. You are solely responsible for:

• Evaluating AI-generated music for potential similarity to existing works before any use, distribution, or public performance
• Obtaining any necessary licenses (including mechanical, synchronization, and performance licenses) if you intend to distribute, publicly perform, or commercially exploit AI-generated music
• Complying with all applicable music copyright laws in every jurisdiction where you distribute or perform such music
• Not using the Service to intentionally generate music that mimics a specific artist's voice, vocal style, or distinctive sound for commercial purposes without authorization

ImagiBooks does not act as a music publisher, record label, or performing rights organization and assumes no responsibility for downstream licensing obligations.

5.7 Research and News Content Disclaimers

AI-generated research summaries, news digests, and factual content are provided for informational and creative purposes only. You acknowledge and agree that:

• AI-generated content may contain fabricated citations, invented statistics, false attributions, or other factual inaccuracies (commonly known as "hallucinations")
• ImagiBooks does not verify the factual accuracy of any AI-generated content
• AI-generated research and news content is NOT a substitute for professional research, verified journalism, or expert advice
• You must independently verify all factual claims, citations, statistics, and sources before relying on, publishing, or distributing AI-generated research or news content
• You agree not to use AI-generated content as the sole basis for legal filings, regulatory submissions, financial decisions, medical decisions, or any other context where factual accuracy is legally or professionally required

5.8 Children's Content

If you create content intended for children under 13, you are solely responsible for reviewing all AI-generated content for age-appropriateness before sharing it with minors. AI systems may generate content that is not suitable for young audiences, including content containing violence, frightening imagery, mature themes, or other inappropriate material. ImagiBooks does not guarantee that AI-generated content will be suitable for any particular age group. Parents and guardians should review all content before sharing it with children.

6. Third-Party AI Services

6.1 No Model Ownership or Training

As of the effective date of these Terms, ImagiBooks does not own, develop, train, or fine-tune any of the artificial intelligence models used to generate content through the Service (see Section 5.3 regarding future rights). All AI content generation is performed by third-party AI service providers ("Third-Party AI Services"), including but not limited to Google (Gemini), OpenAI, Anthropic, and others accessed via API. We may change, add, or remove Third-Party AI Services at any time without notice.

6.2 Third-Party Terms

Your use of the Service may result in your inputs being processed by Third-Party AI Services. These services are subject to their own terms of service, privacy policies, and acceptable use policies. ImagiBooks is not responsible for the practices, outputs, errors, or omissions of any Third-Party AI Service.

6.3 No Liability for Third-Party AI Outputs

ImagiBooks acts as a technology intermediary that transmits your inputs to, and presents outputs from, Third-Party AI Services. We do not control or predict the specific outputs generated by these services. To the maximum extent permitted by law, ImagiBooks disclaims all liability for any content generated by Third-Party AI Services, including content that may be infringing, inaccurate, offensive, or otherwise objectionable.

6.4 Data Processing by Third-Party AI Services

When you use the Service, your inputs (including prompts, character descriptions, and reference materials) may be transmitted to Third-Party AI Services for processing. ImagiBooks maintains contractual agreements with these providers regarding data handling. Please refer to our Privacy Policy for details on how your data is processed by third-party services.

7. Intellectual Property Rights

7.1 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

7.2 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.

7.3 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.

8. Prohibited Uses

You agree not to use the Service to:

8.1 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

8.2 Intellectual Property Violations

• Intentionally generate, reproduce, or create derivative works of copyrighted characters, stories, artwork, or other creative works belonging to third parties (e.g., characters from books, films, television shows, video games, or comics)
• Generate content that intentionally reproduces or closely imitates trademarked names, logos, slogans, or brand identities
• Generate realistic depictions of identifiable real persons (living or deceased) without their consent or other lawful basis, particularly in misleading, defamatory, or commercially exploitative contexts
• Use the Service to create counterfeit, knockoff, or deceptively similar versions of existing published works
• Circumvent or attempt to circumvent content filters or safety measures designed to prevent the generation of infringing content

8.3 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
• Create nonconsensual intimate imagery or deepfakes of real individuals

8.4 Technical Abuse

• Attempt to bypass any security measures, content filters, 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

8.5 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
• Present AI-generated content as factual reporting, journalism, or official communications without appropriate disclosure

8.6 Synthetic Media and Video

You may not use the Service to create synthetic video, audio, or other media that:

• Depicts a real, identifiable person saying or doing something they did not actually say or do, without their explicit consent
• Is intended to deceive viewers into believing it is authentic footage or recordings
• Constitutes election-related disinformation or is designed to influence an election through deceptive means
• Violates any applicable deepfake, synthetic media, or nonconsensual intimate imagery law in any jurisdiction

AI-generated video and audio content may be classified as "deepfake" or "synthetic media" under various laws. You are solely responsible for compliance with all applicable synthetic media laws in every jurisdiction where you create, distribute, or share such content.

9. Payments and Subscriptions

9.1 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.

9.2 Billing and Auto-Renewal

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.

9.3 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.

9.4 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.

9.5 Credits and Usage-Based Billing

The Service may use a credit-based system for certain operations, where each generation action (such as creating a story, generating music, or producing images) consumes a specified number of credits. You acknowledge and agree that:

• Credits are non-transferable and have no cash value
• Credits may not be redeemed for cash or exchanged outside the Service
• Purchased credits are generally non-refundable, except as required by law or at our sole discretion
• Upon account termination (whether by you or by us), any remaining credits are forfeited
• We reserve the right to modify credit costs for individual operations at any time with reasonable notice
• Credit balances do not constitute stored value, deposits, prepaid instruments, or any form of property right
• Subscription plans may include a periodic grant of credits, which may expire at the end of each billing period as described on our pricing page

10. Termination

10.1 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.

10.2 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

10.3 Effect of Termination

Upon termination, your license to use the Service terminates, and we may delete your account and associated data. The following sections shall survive termination: Section 4.2 (Ownership), Section 4.3 (Content Responsibilities), Section 5 (AI-Generated Content), Section 6.3 (No Liability for Third-Party AI), Section 7.3 (Feedback), Section 10.3 (Effect of Termination), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (DMCA / Copyright Infringement), Section 15 (AI Content Disclosure Obligations), Section 16 (Governing Law and Disputes), and any Additional Provisions.

11. Disclaimers

12. Limitation of Liability

13. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Track Our Health, LLC, its officers, directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any law or regulation applicable to your use of the Service
• Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, patent, privacy, or publicity right
• Your User Content, including any prompts, text, images, or other materials you submit to the Service
• Your use, publication, commercialization, sharing, or distribution of AI-generated content (whether through public galleries, shared links, printed materials, or any other medium)
• Any claim by a third party that content you generated, published, or distributed through the Service infringes or misappropriates their intellectual property rights
• Any claim that content you generated or published through the Service is defamatory, violates privacy or publicity rights, or otherwise causes harm to a third party

Track Our Health, LLC may, at its option, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Track Our Health, LLC in asserting any available defenses.

14. DMCA / Copyright Infringement

14.1 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

14.2 Designated Agent

14.3 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

Upon receipt of a valid counter-notification, we will promptly provide the original complainant with a copy and inform them that we will restore the removed material in not less than 10, nor more than 14, business days, unless the complainant first notifies us that they have filed an action seeking a court order to restrain you from engaging in infringing activity.

14.4 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.

15. AI Content Disclosure Obligations

15.1 Disclosure Requirements

You acknowledge that content created using the Service is generated with the assistance of artificial intelligence. Where required by applicable law, regulation, or platform policy, you agree to clearly and prominently disclose that your content was created with or assisted by AI. This may include, without limitation, obligations under AI transparency laws (such as the EU AI Act's Article 50 requirements for labeling certain categories of AI-generated content, including deepfakes and synthetic text published on matters of public interest), nonconsensual intimate imagery laws, and any other current or future legislation or regulation requiring disclosure of AI involvement in content creation.

15.2 Platform Labeling

ImagiBooks may, at its discretion, apply labels, metadata, watermarks, or other indicators to content generated through the Service to identify it as AI-generated or AI-assisted. You agree not to remove, obscure, or alter any such labels or indicators applied by ImagiBooks.

15.3 Your Responsibility

You are solely responsible for complying with all applicable disclosure and labeling requirements in the jurisdictions where you distribute, publish, or share content created through the Service. ImagiBooks does not monitor or enforce jurisdiction-specific disclosure requirements on your behalf.

16. Governing Law and Disputes

16.1 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.

16.2 International Users

If you are a consumer resident in the European Economic Area (EEA), the United Kingdom, or Switzerland, nothing in these Terms shall deprive you of the protection afforded by the mandatory provisions of the consumer protection laws of your country of residence. In such cases, any claims may be brought in the courts of your country of residence, and the mandatory consumer protection laws of your country of residence shall apply to the extent they override the provisions of these Terms. The arbitration clause and class action waiver in Sections 16.3–16.4 shall not apply to the extent prohibited by the laws of your country of residence.

The Service may be subject to U.S. export control and sanctions laws. You may not use the Service if you are located in a country subject to U.S. economic sanctions, or if you are a denied or restricted party under any applicable export control laws.

16.3 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.

16.4 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.

16.5 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.

16.6 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.

17. 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.

18. Contact Information

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