Acceptable Use Policy

3.1 You Must Own or Be Authorised

You may only upload images to the Service if:

• You are the original creator and sole or joint copyright owner of the image; OR
• You are the exclusive licensee of the copyright in the image with the right to enforce copyright claims; OR
• You have obtained explicit written authorisation from the copyright owner to use the Service in respect of that image.

3.2 Prohibited Uploads

You must not upload:

• Images created by another person without their written permission;
• Images licensed to you on a non-exclusive basis only (unless your licence expressly includes the right to enforce copyright);
• Stock images, even if you have a legitimate licence to use them;
• Images in the public domain (where copyright has expired or been waived);
• Screenshots or copies of third-party images taken without the owner's consent;
• AI-generated images where you do not hold a clear ownership right under applicable law.

3.3 Your Warranty

By uploading an image, you represent and warrant to ImageClaim that you have the right to do so, that the image is not subject to any third-party claim that would prevent you from using the Service, and that any enforcement action you take based on a Scan result will be brought in good faith.

3.4 Consequences of Unauthorised Upload

If ImageClaim discovers or has reason to believe that you have uploaded images you do not have the right to upload, we may remove those images immediately, suspend or terminate your account, and report the matter to the appropriate copyright owner or relevant authority.

4.1 Legal and Ethical Prohibitions

• Using the Service for any purpose that is unlawful, fraudulent, or in violation of any applicable law or regulation;
• Using the Service to make knowingly false or fraudulent copyright claims against any person or entity;
• Sending cease and desist letters or DMCA takedown notices where you know or reasonably ought to know that no infringement has occurred;
• Misrepresenting your identity, your ownership of images, or your authority to act on behalf of a copyright owner;
• Using the Service to commit extortion, blackmail, or to demand payment without a legitimate legal basis;
• Using the Service to interfere with any person's right to use, access, or display material they are legally entitled to use.

4.2 Technical Prohibitions

• Attempting to gain unauthorised access to any part of the Service, other user accounts, or ImageClaim's systems;
• Reverse-engineering, decompiling, disassembling, or attempting to derive the source code of the Service;
• Using automated tools (bots, scrapers, crawlers) to access the Service in a manner that exceeds normal human usage;
• Introducing viruses, trojans, worms, logic bombs, or other malicious code into the Service;
• Circumventing, disabling, or otherwise interfering with any security feature of the Service;
• Overloading the Service infrastructure through denial-of-service attacks or similar methods;
• Accessing the Service through means other than the interfaces provided by ImageClaim.

4.3 Account Prohibitions

• Sharing your account credentials with any third party;
• Creating multiple accounts for the purpose of circumventing the Trial Period restrictions or any other account limitation;
• Transferring your account or Subscription to any third party without ImageClaim's prior written consent;
• Using the Service to provide services to third parties (e.g. offering image monitoring as a service to your own clients) under a personal account, without a business plan.

5.1 Good Faith Obligation

Every cease and desist letter or takedown notice sent using the Service must be sent in good faith — meaning you must genuinely believe, based on reasonable evidence, that a copyright infringement has occurred. Sending notices without this genuine belief is a misuse of the Service and may expose you to legal liability.

5.2 Accuracy of Claims

You are responsible for verifying Match results before taking any enforcement action. ImageClaim Scan results identify potential matches but do not constitute a legal determination of infringement. Matches may include:

• Licensed uses that are entirely lawful;
• Fair use or fair dealing exceptions;
• Uses by the original photographer under other arrangements;
• Visual similarities that are coincidental and not reproductions.

You must review each Match carefully before deciding to send any legal notice.

5.3 DMCA Penalties

Under US law (17 U.S.C. § 512(f)), any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed by mistake, is liable for damages, costs, and attorneys' fees. ImageClaim is not responsible for any claims, damages, or liability arising from notices you send using templates generated by the Service.

9.1 Investigation

ImageClaim reserves the right to investigate any suspected or alleged violation of this AUP. We may monitor use of the Service to the extent permitted by applicable law and our Privacy Policy.

9.2 Consequences of Violation

Depending on the nature and severity of the violation, ImageClaim may take one or more of the following actions:

1. Issue a formal warning to your account;
2. Temporarily suspend access to the Service;
3. Permanently terminate your account without notice and without refund of any prepaid Subscription fees;
4. Remove or disable access to any User Content associated with the violation;
5. Disclose your identity and information about your conduct to law enforcement authorities or to third parties harmed by your conduct, to the extent permitted by applicable law;
6. Commence or cooperate with legal proceedings against you.

9.3 No Liability for Enforcement Actions

ImageClaim is not liable to you for any loss or damage arising from any enforcement action taken in good faith pursuant to this AUP, including account suspension or termination.