Last Updated: May 15th, 2025
Welcome to Imagening.com ("Imagening," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, Imagening.com (the "Site"), and the image colorization services offered therein (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Service.
Imagening.com provides an online platform that allows users to upload images and utilize artificial intelligence (AI) services, including Google AI and Replicate.com AI, to analyze and colorize those images.
a. To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information, including your email address, and to create a secure password.
b. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
c. You agree to notify us immediately at [email protected] of any unauthorized use of your account.
d. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate these Terms.
a. You are solely responsible for the images you upload, process, and share through the Service ("User Content").
b. You agree not to upload, process, or transmit any User Content that:
c. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant Imagening the licenses set forth in these Terms.
a. Your User Content: You retain all ownership rights to your original User Content. By uploading User Content to the Service, you grant Imagening a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify (solely for the purpose of colorization and providing the Service), and display your User Content solely for the purpose of operating and providing the Service to you. This license extends to our use of third-party AI services (Google AI, Replicate.com AI) for processing your images as part of the Service. This license terminates when you delete your User Content or your account. Processed images may be retained for up to seven (30) days for operational and compliance reasons. If you have explicitly chosen a user preference to save your images, this license continues for such saved images until you change this preference, delete the specific images, or delete your account. This license may also persist in our backup and archival systems for a reasonable period or as required by law.
b. Our Service and Content: All rights, title, and interest in and to the Service (excluding User Content), including all associated intellectual property rights, are and will remain the exclusive property of Imagening and its licensors. The Service is protected by copyright, trademark, and other laws. Nothing in these Terms gives you a right to use the Imagening name or any of the Imagening trademarks, logos, domain names, and other distinctive brand features.
a. Access to image processing features of the Service requires the purchase of credits ("Credits"). One (1) Credit is consumed for each photo processed.
b. Credits are purchased through Gumroad and Paddle, our third-party payment processors. Your purchase will be subject to Gumroad and Paddle's terms and conditions and privacy policy.
c. All Credit sales are final. Refunds for unused Credits may be requested by contacting [email protected]. Refund requests will be considered and processed at the sole discretion of Imagening.
d. Credits expire two (2) years from the date of purchase. Unused Credits will no longer be valid after this period.
e. We reserve the right to change the pricing for Credits at any time.
a. The Service utilizes third-party AI services, specifically Google AI and Replicate.com, to analyze and process images. Your use of these features means your images will be sent to these services for processing. Their use of your data is governed by their respective terms of service and privacy policies.
b. The Service uses Google Analytics for tracking website usage.
c. The Service uses Gumroad and Paddle for payment processing.
a. You may terminate your account at any time by sending an email request to [email protected].
b. We may suspend or terminate your access to the Service, at our sole discretion, at any time and without notice to you, for any reason, including but not limited to your breach of these Terms.
c. Upon termination, all licenses granted by Imagening will terminate, subject to the retention periods outlined in Section 4.a. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMAGENING MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE (E.G., COLORIZATION QUALITY) WILL BE ACCURATE OR RELIABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMAGENING, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO IMAGENING FOR THE PAST SIX MONTHS FOR THE SERVICES IN QUESTION.
You agree to defend, indemnify, and hold harmless Imagening and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content you submit.
The Service is not intended for and may not be used by individuals under the age of 18. By using the Service, you represent and warrant that you are 18 years of age or older.
These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, and specifically within the jurisdiction of Travis County, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Travis County.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect, such as by posting a notice on our Site or sending an email to registered users. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at [email protected].
Imagening.com is owned and operated by Jeff Callahan as a sole proprietorship. For any inquiries, you may contact us at: