Terms of Service

Welcome to ImageGen By ArtisticMonk (“we”, “us”, “our”, the “Platform”). These Terms of Service (“Terms”) govern your access to and use of the Platform, including any web, mobile, API, or hosted services that provide automated image generation using machine learning models (the “Services”). By creating an account, using the Services, or accessing any part of the Platform, you agree to these Terms.

1. Definitions

2. Eligibility

To use the Services you must be at least 18 years of age (the age of majority in India) and have the legal capacity to enter into contracts. Persons under 18 may not create an account or use the Services. If we discover that a user is under 18, we will promptly suspend the account and delete associated data. By using the Services you represent and warrant that you are 18 or older.

3. License to Use the Platform

Subject to these Terms and payment of any fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for generating Outputs.

4. Ownership and Use of Generated Images

4.1 Your Rights (Indian Copyright Law Basis). Under Section 2(d)(vi) of the Indian Copyright Act, 1957, for computer-generated works the "author" is the person who causes the work to be created. By writing and submitting your prompt, you are that person — and therefore, as between you and ImageGen By ArtisticMonk, you are the author of and owner of any copyright in the Outputs you generate, to the extent such copyright subsists under applicable law. We never claim authorship or ownership of your Outputs.

4.2 Tier-Based Commercial Rights. Your right to use Outputs commercially depends on your subscription plan:

4.3 Copyright Registration and Human Authorship. While Section 2(d)(vi) provides a statutory basis for authorship of AI-assisted works under Indian law, copyright registration of purely AI-generated works (with minimal human creative input) remains untested in Indian courts as of 2026. If you intend to register copyright in an Output or rely on copyright enforcement, we recommend: (a) ensuring your prompt and creative direction constitute genuine human intellectual effort; (b) documenting your creative process; and (c) consulting an IP attorney in India. We do not guarantee that any Output will be eligible for copyright registration in any jurisdiction.

Note: The copyrightability of Outputs may be affected by applicable law, the degree of human creative contribution, and the licenses that govern the Models used. See Section 15 for model-specific notices. The above is not legal advice.

5. Model Licenses, Third-Party Models, and Notices

5.1 Third-Party Models. The Services may use Models that are developed, maintained, or licensed by third parties (for example, SDXL Turbo, DreamShaper-8, and others). These Models may be subject to licenses or acceptable-use policies that impose obligations or restrictions on how Outputs may be used. You must comply with any such license terms and restrictions when using Outputs produced by those Models.

5.2 Platform Promises & Limitations. Where a model provider or licensor explicitly grants rights to Outputs, we aim to pass those rights to you. However, to the extent a model licensor or applicable law limits ownership or use of Outputs, such limitations apply and override inconsistent provisions in these Terms.

6. Platform Rights to Use Outputs

By using the Services you grant ImageGen By ArtisticMonk a perpetual, worldwide, royalty-free, non-exclusive license to host, store, display, reproduce, and distribute Outputs only for the purposes of operating, improving, and providing the Services (including debugging, analytics, moderation, and model improvement), provided that Outputs used for model training or improvement will be anonymized and aggregated where technically feasible. To opt out of model training use, email [email protected] with subject "Training Opt-Out". We never claim ownership of your Outputs.

6A. Public Gallery Remix Licence. When you set an Output to public, you grant other registered users of the Platform a non-exclusive, royalty-free licence to use that Output as a reference image for generating derivative works ("remixes") through the Platform's remix feature. This licence is limited to use within the Platform and does not permit commercial redistribution of your Output by third parties. You may revoke this licence at any time by setting the image to private; existing remixes already created before revocation are not affected. If you do not wish to grant this licence, keep your Outputs set to private.

7. User Representations, Warranties, and Prohibited Uses

By using the Services you represent, warrant, and agree that:

8. Moderation and Removal

We may (but are not required to) moderate Outputs and Input for compliance with these Terms and applicable law. We reserve the right to remove or refuse to display Outputs or suspend accounts that violate these Terms or that we reasonably believe may expose the Platform to legal liability.

9. Copyright Infringement Claims (India Copyright Act 1957)

If you believe that content on the Platform infringes your copyright under the Indian Copyright Act, 1957 or other applicable law, please send a written notice to our designated contact at [email protected] with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Platform; (c) your contact details; and (d) a statement that you have a good faith belief that use is not authorised. We will act on valid notices and provide counter-notification procedures where applicable.

10. Payment, Refunds, and Billing

If you purchase paid features, you agree to pay the fees described in the pricing plan. All fees are non-refundable except as expressly set forth in our refund policy or required by applicable law.

11. Indemnification

You agree to indemnify and hold harmless ImageGen By ArtisticMonk and its affiliates, and their employees, officers, and agents, from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or your use of the Services (including your Inputs and Outputs).

12. Disclaimers; Limitation of Liability

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMAGEGEN BY ARTISTICMONK BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY; IF THESE LAWS APPLY, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Termination

We may suspend or terminate your access to the Services at our discretion for violation of these Terms or illegal activity. You may stop using the Services at any time. On termination, any licenses granted by you to us survive only as necessary for permitted uses described above (for example to store or display Outputs you previously created) unless we delete the account or data under our data retention policies.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-law provisions. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

For disputes involving amounts below ₹50,000, the parties agree first to attempt resolution through our Grievance Officer (see below). If unresolved within 30 days, either party may refer the dispute to arbitration under the Arbitration and Conciliation Act, 1996 (as amended), with a sole arbitrator appointed by mutual consent. The seat and venue of arbitration shall be Mumbai, Maharashtra.

Nothing in this clause limits your right to file a complaint with a consumer forum under the Consumer Protection Act, 2019 or with the Data Protection Board under the Digital Personal Data Protection Act, 2023.

15. Model-Specific Notices

15.1 DreamShaper-8 (Primary Model). The Platform's primary image generation model is DreamShaper-8 (by Lykon), a fine-tuned Stable Diffusion model released under the CreativeML Open RAIL-M license. Key points of that license as they affect your use of Outputs:

15.2 Stable Diffusion Base and Training Data. DreamShaper-8 is based on Stable Diffusion, which was trained on the LAION-5B dataset. The legal status of AI training on internet-scraped data is an evolving area of law globally, including in India. We do not make any representation that Outputs are free from claims based on training data. Outputs generated by users are independent creations under Section 2(d)(vi) of the Copyright Act, 1957, and we believe they stand independently of any training data copyright questions — but we cannot provide a legal guarantee on this point.

15.3 Availability & Accuracy. Models are provided for convenience. Output quality depends on model behaviour, prompt wording, and inherent randomness. We do not guarantee any particular result, that Outputs will be free of infringement, or that Outputs will be eligible for copyright registration in any jurisdiction.

16. Privacy & Data

Our Privacy Policy explains how we collect, store, and use personal data. By using the Services you consent to our collection and processing of data as described in our Privacy Policy. We may retain Inputs and Outputs for a reasonable period for operational needs, debugging, and compliance; anonymized Outputs may be used to improve models and Services unless you opt out where that option exists.

17. Changes to These Terms

We may change these Terms from time to time. If we make material changes, we will notify you via email or in-app notice. Continued use after notice constitutes acceptance of the updated Terms.

18. IT Act 2000 Compliance & Prohibited Content

The Platform operates in compliance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You acknowledge that the following are strictly prohibited and may attract criminal liability under Indian law:

We employ automated and human moderation. Detected violations will be reported to law enforcement as required.

18A. AI-Generated Content Disclosure

All images produced by this Platform are generated by artificial intelligence. Pursuant to guidelines issued by the Advertising Standards Council of India (ASCI) and general transparency obligations, AI-generated content is labelled "AI Generated" in watermarks and/or metadata. Users must not represent AI-generated Outputs as photographs of real people, events, or places without appropriate disclosure.

18B. Grievance Officer (IT Rules 2021)

As required under Rule 3(2)(b) of the IT (Intermediary Guidelines) Rules, 2021, we have appointed a Grievance Officer:

We will acknowledge your complaint within 24 hours and resolve it within 15 days of receipt. Complaints related to sexual content involving minors will be addressed within 24 hours.

19. Contact

For general questions about these Terms: [email protected]. For legal/compliance matters: [email protected].

20. Legal Disclaimer

This page contains general information only and does not constitute legal advice. Please consult with a qualified attorney to ensure compliance with local laws, to tailor terms for your product and jurisdiction, and to address intellectual property or regulatory concerns specific to your use case.

Last updated: January 1, 2026