1. Acceptance of Terms
By accessing or using the ImageClaim platform (the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy (collectively, the "Agreement"), each of which is incorporated herein by reference.
If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. References to "you" or "User" in these Terms include both individuals and entities.
If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any update to these Terms constitutes your acceptance of the revised Terms.
2. Definitions
3. Service Description and Limitations
3.1 What ImageClaim Does
ImageClaim provides an automated technology platform that allows photographers and other visual content creators to:
- Upload digital images to be monitored for unauthorised use across the internet;
- Receive automated scan results identifying potential matches for uploaded images;
- Generate cease and desist letter templates and DMCA takedown notice templates;
- Access educational resources about copyright enforcement;
- Be referred (at their option) to independent third-party legal professionals.
3.2 Service Limitations
ImageClaim makes no warranty that its Scans are comprehensive, complete, or error-free. The Service relies on third-party search engines (including Google Vision API and TinEye) and cannot guarantee discovery of every instance of unauthorised image use. Match results are provided as information only and do not constitute a determination of copyright infringement.
The accuracy of Scan results depends on, among other things, the quality and resolution of uploaded images, the indexing coverage of third-party search engines, and technical limitations of current visual search technology. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time.
3.3 Trial Scan Limit
During the Trial Period, each account is limited to one (1) image Scan. This limitation is designed to allow you to experience the core functionality of the Service. Your full Scan allowance under your chosen paid plan activates automatically upon conversion of your Trial to a paid Subscription.
4. Eligibility and Account Registration
4.1 Eligibility
To use the Service, you must: (a) be at least 18 years of age; (b) have the legal authority to enter into this Agreement; (c) be a human individual (accounts registered by automated means are not permitted); and (d) not be barred from receiving services under applicable law.
4.2 Account Registration
You must register for an account to access the Service. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must notify us immediately at security@imageclaim.io if you become aware of any unauthorised use of your account. ImageClaim is not liable for any loss resulting from unauthorised use of your account.
4.3 Account Accuracy
You must not create more than one account. You must keep your account information up to date. Providing false or misleading information is a material breach of these Terms and may result in immediate account termination.
4.4 One Account Per Trial
Only one (1) Trial Period is available per person, household, email address, IP address, or payment instrument. We reserve the right to refuse a Trial or close an account if we have reasonable grounds to believe a Trial is being claimed by a person who has previously benefited from a Trial.
5. Free Trial Terms
5.1 Trial Period
ImageClaim offers a seven (7) calendar-day free trial ("Trial Period") for new subscribers. The Trial Period begins at 00:00 UTC on the date your account is created and payment details are submitted, and expires at 23:59 UTC on the seventh (7th) day thereafter.
5.2 Payment Details Required
A valid credit or debit card accepted by Stripe is required to commence the Trial Period. By submitting your payment details, you authorise ImageClaim to charge the applicable Subscription fee to your card automatically upon expiry of the Trial Period, unless you cancel before the Trial Period ends.
5.3 Automatic Conversion
Unless you cancel your account before the Trial Period ends, your Subscription will automatically convert to the paid plan you selected at registration on the eighth (8th) day from the commencement of your Trial Period ("Conversion Date"). Your card on file will be charged the full Subscription fee for your first billing period on the Conversion Date.
5.4 Cancellation During Trial
To avoid being charged, you must cancel your Subscription before 23:59 UTC on the seventh (7th) day of your Trial Period. Cancellation may be made through your account settings at app.imageclaim.io/billing or by contacting us at billing@imageclaim.io. Cancellation requests submitted by email must be received before the Trial Period expires; requests received after this time cannot be honoured.
5.5 Trial Scan Allowance
During the Trial Period, your account is limited to one (1) image Scan. Your full Scan allowance and image upload quota under your chosen Subscription plan activates automatically on the Conversion Date.
5.6 Day-5 Reminder
We will send an automated reminder email to your registered email address on the fifth (5th) day of your Trial Period to advise you of the upcoming end of your Trial and your options. You are responsible for monitoring your email and taking action before the Trial Period expires regardless of whether you receive this email.
5.7 Trial Modification or Withdrawal
ImageClaim reserves the right to modify, limit, or withdraw the Trial offer at any time without notice. We may decline to offer a Trial at our sole discretion, including where we reasonably suspect misuse.
6. Subscriptions, Billing, and Automatic Renewal
6.1 Subscription Plans
ImageClaim offers the following paid Subscription plans, subject to change from time to time:
- Pro — Monthly or annual billing. Includes up to 5,000 monitored images, daily Scans, unlimited C&D letter generation, DMCA takedown notices, and priority support.
- Studio — Monthly or annual billing. Includes unlimited images, real-time monitoring, up to five (5) team seats, legal case management tools, and a dedicated account manager.
Full details of current plan features and pricing are available at imageclaim.io/pricing. We reserve the right to modify plan features and pricing with thirty (30) days' notice to existing subscribers.
6.2 Billing Cycle
Subscriptions are billed in advance on either a monthly or annual basis, depending on the billing cycle you select. The billing date is the Conversion Date (for Trial subscribers) or the date of initial Subscription purchase. For annual subscribers, your Subscription renews annually on the same date.
6.3 Automatic Renewal
Your Subscription will automatically renew at the end of each billing period (monthly or annual, as applicable) at the then-current Subscription price unless you cancel before the renewal date. By subscribing, you authorise ImageClaim to charge your payment method on file for each renewal period without further action on your part.
We will send you a renewal notice at least seven (7) days before the renewal date for annual Subscriptions. It is your responsibility to cancel your Subscription before the renewal date if you do not wish to be charged for a further billing period.
6.4 Payment Processing
All payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By submitting payment information, you also agree to Stripe's Terms of Service and Privacy Policy. ImageClaim does not store your full payment card details. Stripe may store payment information in accordance with its own policies and applicable law.
6.5 Failed Payments
If a payment fails, we will attempt to collect payment up to three (3) times over a period of fourteen (14) days. If payment is not received, your account will be suspended. We will notify you by email of any payment failure. You remain responsible for any amounts owed, including any bank or card charges incurred as a result of failed payment attempts.
6.6 Taxes
Subscription fees do not include applicable taxes. You are responsible for all sales, use, goods and services, value-added, and other taxes applicable to your Subscription in your jurisdiction. Where required by law, ImageClaim will collect and remit applicable taxes on your behalf.
6.7 Price Changes
ImageClaim reserves the right to change Subscription prices. We will provide at least thirty (30) days' written notice before any price change takes effect. Your continued use of the Service after a price change constitutes acceptance of the new pricing.
7. Cancellation Policy
7.1 How to Cancel
You may cancel your Subscription at any time through your account settings at app.imageclaim.io/billing or by contacting us at billing@imageclaim.io.
7.2 Effect of Cancellation
Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the period for which you have already paid. We do not provide prorated refunds for partial billing periods unless required by applicable law (see Section 8).
7.3 Data Retention Following Cancellation
Upon cancellation, your account and User Content will remain accessible for thirty (30) days, during which you may export your data. After thirty (30) days, your account and associated data will be scheduled for deletion in accordance with our Privacy Policy and data retention schedule.
8. Refund Policy
8.1 No Refunds on Converted Subscriptions
All Subscription fees are non-refundable. Once your Trial Period has converted to a paid Subscription and your first payment has been processed, we will not issue refunds for any portion of that or any subsequent billing period, except as expressly set out in these Terms or as required by applicable consumer protection law.
8.2 Trial Cancellations
If you cancel your account before the end of the Trial Period, you will not be charged. No charge will be applied to your payment method.
8.3 Statutory Rights
UK and EU Consumers: If you are a consumer based in the United Kingdom or European Union, you may have a statutory right to cancel within fourteen (14) days of entering into your Subscription (the "cooling-off period") and receive a refund. By starting a Trial Period (which provides immediate access to the Service), you expressly consent to the Service commencing before the end of the cooling-off period. Accordingly, you acknowledge that you will not be entitled to a full refund if you cancel after accessing the Service during the cooling-off period. A proportional refund may be available for the unused portion of the Service during the cooling-off period. Please contact billing@imageclaim.io to exercise this right.
US Consumers: Some US states provide additional statutory rights. Nothing in these Terms limits any rights you may have under applicable consumer protection legislation.
8.4 Service Failures
If the Service is unavailable for a continuous period exceeding five (5) business days due to a fault attributable to ImageClaim, you may contact us at billing@imageclaim.io to request a prorated credit for the period of unavailability. Such credits are issued at our discretion and are not guaranteed.
9. Acceptable Use Policy
Your use of the Service is governed by our full Acceptable Use Policy, incorporated herein by reference. A summary of key prohibitions is set out below.
9.1 You Must Not
- Upload images for which you do not hold the copyright or have written authorisation from the copyright owner;
- Use the Service to make knowingly false or fraudulent claims of copyright infringement;
- Use the Service to harass, threaten, or defame any individual or entity;
- Use the Service to generate legal notices in bad faith or without a genuine belief in the validity of the claimed infringement;
- Attempt to reverse-engineer, decompile, or extract the source code of the Service;
- Circumvent any technical measures designed to protect the Service or other users;
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Share your account credentials with third parties or allow third parties to access your account.
9.2 Consequences of Misuse
Violation of this Section or our Acceptable Use Policy may result in immediate account suspension or termination without notice, forfeiture of any prepaid Subscription fees, and legal action where appropriate. ImageClaim may report misuse to relevant authorities.
10. Intellectual Property
10.1 Your Ownership of Uploaded Images
You retain full ownership of all intellectual property rights in and to your User Content, including all images you upload to the Service. ImageClaim makes no claim of ownership over your User Content. Nothing in these Terms transfers any ownership rights in your images to ImageClaim.
10.2 ImageClaim's Intellectual Property
The Service, including its design, software, algorithms, trademarks, trade names, and all content created by ImageClaim (excluding User Content), is owned by or licensed to ImageClaim and is protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works of any part of the Service without our prior written consent.
10.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant ImageClaim a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without compensation to you.
11. Licence to Process Your Content
By uploading User Content to the Service, you grant ImageClaim a limited, non-exclusive, worldwide, royalty-free licence to:
- Store, host, and transmit your images within the Service infrastructure;
- Process your images through automated visual search technologies, including third-party APIs such as Google Vision API and TinEye, solely for the purpose of identifying potential matches;
- Generate thumbnails and optimised versions of your images for display within your account;
- Use anonymised, aggregated data derived from Scans to improve our services.
This licence is granted solely to provide the Service to you. ImageClaim will not use your images for any marketing, promotional, or commercial purpose without your express written consent. This licence terminates upon deletion of your User Content or closure of your account, subject to our data retention obligations.
You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not infringe any third party's intellectual property, privacy, or other rights; and (c) your use of the Service with your User Content complies with applicable law.
12. Legal Disclaimer — Not a Law Firm
12.1 Technology Platform Only
ImageClaim is an automated technology platform. We are not a law firm, solicitor's firm, legal advice provider, or legal services provider. ImageClaim does not hold a legal practice licence in any jurisdiction.
12.2 No Attorney-Client Relationship
Nothing in these Terms, the Service, any communications from ImageClaim, or any template documents generated by the Service creates or is intended to create an attorney-client relationship, solicitor-client relationship, or any other professional legal relationship between ImageClaim and you.
12.3 Not Legal Advice
All information provided by the Service, including Scan results, Match reports, template documents, educational content, and any other materials, is provided for informational and educational purposes only. It does not constitute legal advice, legal opinion, or a legal determination regarding any specific matter.
12.4 Seek Independent Legal Advice
ImageClaim strongly recommends that you seek advice from a qualified, independent legal professional before taking any legal action based on information provided by the Service, particularly in complex cases, cases involving significant financial claims, cases involving criminal matters, and cases involving multiple jurisdictions. Do not rely solely on the Service or any materials generated by it when making legal decisions.
12.5 Results Not Guaranteed
ImageClaim does not guarantee any particular outcome from use of the Service, including the discovery of all instances of image misuse, the success of any cease and desist letter or DMCA takedown, the recovery of compensation, or the enforceability of any legal document generated by the Service.
13. Cease and Desist Letters and Legal Templates
13.1 Templates Only
Cease and desist letters, DMCA takedown notices, and any other legal documents generated by the Service are templates only. They are provided to assist you in communicating with alleged infringers and are not a substitute for legal advice tailored to your specific circumstances.
13.2 Your Responsibility to Review
You are solely responsible for reviewing any template document before sending it. You must ensure that the facts stated in any document you send are accurate, that you genuinely believe a copyright infringement has occurred, and that sending the document is appropriate in the circumstances. Sending a cease and desist letter or DMCA notice on the basis of false information may expose you to legal liability, including claims of misrepresentation, abuse of process, or unjustified threats under applicable law.
13.3 Jurisdiction-Specific Considerations
Copyright law varies significantly between jurisdictions. A template generated by the Service may not be appropriate for use in all jurisdictions. You are responsible for ensuring that any legal notice you send complies with the laws of the relevant jurisdiction. ImageClaim accepts no responsibility for the legal validity or enforceability of any template document in any jurisdiction.
13.4 Third-Party Law Firm Referrals
ImageClaim may, from time to time, refer users to third-party law firms or legal professionals ("Referred Firms") for complex copyright enforcement matters. These referrals are provided as a convenience only and do not constitute a recommendation, endorsement, or guarantee of the services provided by any Referred Firm. ImageClaim is not responsible for the services, advice, fees, or conduct of any Referred Firm. Any engagement with a Referred Firm creates a separate professional relationship between you and that firm, governed by its own terms and engagement letter. ImageClaim may receive a referral fee from Referred Firms; this does not affect the independence of those firms.
14. Third-Party Services
The Service integrates with a number of third-party services, including:
- Google Vision API — used for reverse image search and web detection. Subject to Google's Terms of Service and Privacy Policy.
- TinEye — used for reverse image search. Subject to TinEye's Terms of Service and Privacy Policy.
- Stripe — used for payment processing. Subject to Stripe's Terms of Service and Privacy Policy.
- Resend — used for transactional email delivery.
ImageClaim is not responsible for the availability, accuracy, or reliability of third-party services. Downtime or changes to third-party APIs may affect the Service. We are not liable for any loss or damage arising from third-party service failures or changes. Links to third-party websites within the Service are provided for convenience only and do not constitute endorsement.
15. Limitation of Liability
15.1 Exclusion of Consequential Damages
To the maximum extent permitted by applicable law, ImageClaim shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of goodwill, loss of anticipated savings, or any other economic loss, whether arising in contract, tort (including negligence), or otherwise, even if ImageClaim has been advised of the possibility of such damages.
15.2 Cap on Liability
To the maximum extent permitted by applicable law, ImageClaim's total aggregate liability to you arising out of or in connection with these Terms or the Service shall not exceed the greater of: (a) the total amount paid by you to ImageClaim in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred pounds sterling (£100) or one hundred US dollars (US$100), whichever is applicable.
15.3 No Warranty
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, ImageClaim disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
15.4 Consumer Rights
Nothing in these Terms excludes or limits: (a) liability for death or personal injury caused by our negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under applicable law, including rights under the Consumer Rights Act 2015 (UK) or equivalent legislation.
16. Indemnification
You agree to indemnify, defend, and hold harmless ImageClaim, its directors, officers, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms;
- Your User Content, including any claim that your User Content infringes the intellectual property or other rights of any third party;
- Any cease and desist letter or DMCA notice you send using templates generated by the Service;
- Your violation of any applicable law or regulation;
- Any misrepresentation made by you to ImageClaim or any third party in connection with the Service.
ImageClaim reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate with ImageClaim in asserting any available defences.
17. Governing Law and Jurisdiction
17.1 United Kingdom Users
If you are located in the United Kingdom, these Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that we may apply to any court of competent jurisdiction for injunctive or other equitable relief.
17.2 European Union Users
If you are a consumer located in the European Union, you may also benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement under applicable EU consumer protection law.
17.3 United States Users
If you are located in the United States, these Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida.
17.4 Other Jurisdictions
If you are located outside the UK, EU, or USA, these Terms are governed by the laws of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
18. Dispute Resolution
18.1 Informal Resolution
Before initiating any formal legal proceedings, you agree to contact us at legal@imageclaim.io and provide a written description of the dispute. We will use reasonable endeavours to resolve the dispute informally within thirty (30) days of receiving your notice.
18.2 UK Alternative Dispute Resolution
If we are unable to resolve the dispute informally, UK consumers may refer the dispute to an approved Alternative Dispute Resolution (ADR) scheme. We will notify you of the ADR provider we have elected to use upon request.
18.3 No Class Actions (US Users)
If you are a US user, you agree that any dispute will be resolved on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
19. Changes to These Terms
ImageClaim reserves the right to modify these Terms at any time. We will notify you of material changes by: (a) posting a notice on the Service; and/or (b) sending an email to your registered email address at least fourteen (14) days before the changes take effect.
Your continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cancel your Subscription and cease using the Service before the effective date.
20. Termination
20.1 Termination by You
You may terminate your account at any time by cancelling your Subscription and contacting us at support@imageclaim.io to request account deletion. Termination does not entitle you to a refund of any prepaid Subscription fees except as provided in Section 8.
20.2 Termination by Us
ImageClaim may suspend or terminate your account immediately and without notice if: (a) you breach any material provision of these Terms; (b) you engage in fraudulent or illegal activity; (c) your use of the Service poses a security or legal risk to ImageClaim or other users; or (d) we are required to do so by law or court order.
20.3 Effect of Termination
Upon termination, your right to access and use the Service ceases immediately. Sections 10 (Intellectual Property), 11 (Licence to Process Content — limitations apply), 12 (Legal Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 17 (Governing Law), and 21 (General Provisions) survive termination.
21. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and ImageClaim regarding the Service and supersede all prior agreements.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. ImageClaim may assign its rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets.
- Force Majeure: ImageClaim shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, governmental action, or failures of third-party service providers.
- No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
- Language: These Terms are written in English. Any translation is provided for convenience only; in the event of conflict, the English version prevails.
22. Contact Us
If you have any questions about these Terms, please contact us: