Imagix: Terms of Service (Terms of Use)

Artificial Imagery Products, LLC.

Effective Date: September 26, 2025
Last Updated: October 20, 2025

Overview

Welcome to Imagix. The terms “we,” “us,” and “our” refer to Artificial Imagery Products LLC (doing business as “Imagix”). We operate the Imagix online store and website (the “Site”), and we provide the Imagix Crystal Ball device, companion mobile application (the “App”), cloud services, content, features, tools and support (together with the Site, the “Services”). Our store is powered by Shopify, which enables commerce on the Site.
Our Services include an AI Crystal Ball device featuring kid‑safe, voice‑first holographic companions (e.g., “Ellie” and “Ember”) and evolving story/content experiences.

These Terms of Service (the “Terms”) govern your access to and use of the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy  and Refund Policy. If you do not agree, do not use the Services.

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1. Eligibility; Parent/Guardian Consent (Child Users)

1.1 Ages & Audience. The Services are designed for children ages 6+ with adult supervision. A parent or legal guardian must create the account, provide any required verifiable parental consent, and supervise use.
1.2 Representation. By creating an account or enabling a device, you represent that you are the age of majority in your jurisdiction and the parent/guardian of any child user(s) and you consent to their use of the Services under these Terms.
1.3 Supervision. You are responsible for monitoring children’s use, setting appropriate parental controls, and creating a safe environment for device use.

2. Accounts & Registration

2.1 Parent Accounts Only. Parents/guardians must register using accurate, current, and complete information and keep credentials secure. You are responsible for all activity under your account.
2.2 No Assignment. You may not sell, license, transfer or assign your account.
2.3 Child Access. Children should only access child‑facing portions of the Services.

3. Our Products and Services

3.1 Evolving Experience. Our device/app provide holographic character companions, story‑driven play, and periodic content updates (including DLC and seasonal events). Features may evolve via over‑the‑air (OTA) updates.
3.2 Content & Presentation. We strive to depict products accurately, but colors/appearance may vary by screen/device. We may change descriptions, features, or availability at any time without notice.
3.3 No Universal Suitability. We cannot anticipate every scenario of use; despite safety filters and parental controls, AI‑generated interactions may occasionally be off‑topic, out‑of‑scope, or inappropriate. We use best efforts to prevent this, but you acknowledge the possibility of unexpected or inaccurate content and agree to supervise and report any issues (see Section 9).
3.4 Business Model. Hardware may be sold alongside optional DLC/content packs and/or subscriptions.

4. Orders

4.1 Offer & Acceptance. Placing an order is an offer to buy. We may accept or decline at our discretion. Orders are accepted only after payment is processed and you receive confirmation.
4.2 Cancellations; Changes. We may cancel or change orders (e.g., suspected fraud). If so, we’ll attempt to notify you at the contact details provided.
4.3 Returns. Purchases are subject to our Refund Policy [LINK].
4.4 No Resale. Purchases are for personal/household use, not commercial resale or export.

5. Prices; Billing; Taxes

5.1 Price Changes. Prices, discounts, and promotions may change without notice. The price at checkout applies. Posted prices exclude taxes, shipping, handling, customs/import duties unless stated.
5.2 Accurate Info. You agree to provide and promptly update valid payment and contact information. By submitting a payment method, you represent you are authorized to use it and authorize charges for orders plus applicable taxes and fees.

6. Shipping; Risk of Loss

6.1 Estimates. Shipping/delivery times are estimates only. We are not liable for delays caused by carriers, customs, or events outside our control.
6.2 Title/Risk Transfer. Title and risk transfer to you upon our delivery to the carrier.

7. Subscriptions; Free First Year; Auto‑Renewal; Cancellation

7.1 Included First Year. A one‑year subscription is included with eligible new device purchases, beginning on device activation or account enrollment (as specified at checkout). During this included period, subscription fees are $0.00.
7.2 Subscription Required After One Year. After the included year, continued access to subscription content/features requires a paid subscription. Pricing is not yet determined and will be posted in‑app/on‑site once set. We will provide advance notice (e.g., ≥30 days) of the subscription price and renewal date so you can choose whether to continue.
7.3 Enrollment & Renewal. If you provide a payment method for subscription services, your plan will auto‑renew at the then‑current rate until canceled. You can cancel anytime in the App/account settings or by contacting support before the next billing date; cancellation is effective at the end of the current billing period. We do not prorate or refund partial periods unless required by law.
7.4 Changes. We may change plan names, features, or fees with prior notice as required by law. If you disagree with changes, you must cancel before they take effect.
7.5 App‑Store Subscriptions. If you subscribe via Apple App Store, Google Play, or another platform, that platform’s terms and billing rules apply, including cancellations and refunds.

8. In‑App Purchases; DLC

8.1 Channels. Parents may purchase downloadable content (DLC), seasonal packs, or other items through the App, our Site, or authorized channels (e.g., Apple/Google).
8.2 Final Sale. Unless required by law or expressly stated in the Refund Policy, in‑app purchases are non‑refundable.
8.3 Parental Gates. We use parent PIN or platform purchase authentication per policy.

9. Child Safety; Conduct; AI Output & Accuracy

9.1 Safety & Supervision. You agree to supervise device use and ensure a safe environment (stable surface, away from liquids/heat, use as directed). The device is not a medical or safety device and is not a replacement for parental judgment.
9.2 Kid‑Safe Filters, Not Perfection. The Services use kid‑appropriate language filters and guardrails, but no system is perfect. AI may generate or misinterpret content, provide incomplete or inaccurate information, or respond unpredictably. We encourage you to use parental controls, report issues, and set household rules. We do not guarantee responses are 100% accurate, factual, or appropriate in all cases.
9.3 Educational/Entertainment Use. Content is for general informational, educational, and entertainment purposes; it is not professional, medical, legal, or safety advice.
9.4 Prohibited Uses. You may not (a) use illegally or harmfully; (b) infringe IP; (c) harass or exploit minors; (d) attempt to bypass safety features, parental controls, or subscriptions; (e) reverse‑engineer, copy, or modify hardware/firmware/software; (f) upload malware or spam; (g) collect or scrape user data; or (h) interfere with security or operation of the Services.

10. Service Availability; Updates; Downtime

10.1 OTA & Required Updates. We may push firmware, app, or content updates (including safety, performance, and feature updates). Some updates may be required to continue using the Services.
10.2 Uptime Goal; Outages. We aim for high availability (our “uptime goal”), but the Services may be unavailable due to maintenance, outages, or events beyond our control. If an outage occurs, we will use reasonable efforts to restore service promptly. Availability is not guaranteed.
10.3 Modifications. We may add, remove, or change features with or without notice, subject to applicable law and Section 26 (Changes).

11. Optional Tools & Third‑Party Services

11.1 Optional Tools. We may provide access to third‑party tools on an “AS IS” and “AS AVAILABLE” basis without warranties or endorsement. Your use is at your own risk.
11.2 Links. Third‑party links or embedded content are not controlled by us. We are not responsible for their content, policies, or practices. Review third‑party terms before transacting.

12. Relationship with Shopify

Important: Our store is powered by Shopify. All purchases are made with Imagix (Artificial Imagery Products LLC), not Shopify. You acknowledge that Shopify is not responsible for sales between you and Imagix and you release Shopify and its affiliates from claims arising from your transactions with Imagix.

13. Privacy; COPPA/GDPR‑Kids; Diagnostics Access

13.1 Privacy Policy. Personal information is handled per our Privacy Policy [LINK] and Shopify’s privacy terms. Because the Site is hosted by Shopify, Shopify may process certain personal information to provide/improve the Services.
13.2 Child Privacy (COPPA/GDPR‑Kids). We obtain required parental consents and honor rights as outlined in our Privacy Policy. Parents can review/delete their child’s data by contacting support@artificial‑imagery.com.
13.3 Limited Diagnostics Access. A small authorized team (currently three people) may access limited, de‑identified device diagnostics and telemetry (e.g., crash logs, performance metrics). This data does not include names, addresses, or direct personal identifiers and is used solely to improve product quality and assist customer support. See the Privacy Policy for details, including retention and your choices.

14. Feedback; User Submissions

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty‑free license to use, reproduce, modify, publish, and display the Feedback for any purpose, including to operate and improve the Services. You represent that you have rights to provide the Feedback and that it does not infringe others’ rights. We may moderate or remove content at our discretion.

15. Intellectual Property

The Services and all related content (including the device software/firmware, animations, stories, characters such as Ellie and Ember, trademarks, logos, graphics, audio/video, and documentation) are owned by Artificial Imagery Products LLC or its licensors and are protected by IP laws. All rights not expressly granted are reserved. You may use the Services only for personal, non‑commercial purposes.

16. Errors, Inaccuracies & Omissions

Information on the Services may contain typographical errors or inaccuracies (e.g., pricing, availability). We may correct errors, change information, or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).

17. Termination

We may suspend or terminate access to the Services (in whole or part) at any time for any violation of these Terms or to protect users, the platform, or our rights. You remain responsible for amounts due up to termination. Sections intended to survive (including IP, Feedback, Disclaimers, Limitations, Indemnity, Governing Law, etc.) will survive.

18. Disclaimer of Warranties (Hardware & Services)

EXCEPT AS EXPRESSLY STATED BY IMAGIX IN A WRITTEN, POSTED LIMITED WARRANTY (IF ANY) OR REQUIRED BY LAW, THE SERVICES (INCLUDING THE DEVICE, APP, CONTENT, AND SITE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant that use of the Services will be uninterrupted, timely, secure, accurate, or error‑free, or that any defects will be corrected. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.
Note: If we publish a separate limited hardware warranty, it will apply as stated there and will be in addition to (and not instead of) these Terms.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMAGIX (ARTIFICIAL IMAGERY PRODUCTS LLC), SHOPIFY, OR OUR/THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR REPLACEMENT COSTS) ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO IMAGIX FOR THE SERVICES OR PRODUCT IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain limitations; some limits may not apply to you.

20. Indemnification

You agree to indemnify and hold harmless Imagix, Shopify, and our/their affiliates, officers, directors, employees, agents, contractors, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (or any child user’s) use of the Services, violation of these Terms, or infringement of any rights.

21. Assignment

You may not assign or transfer these Terms or any rights or obligations without our prior written consent. We may assign or transfer without restriction.

22. Severability

If any provision is unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will continue in full force.

23. Waiver; Entire Agreement

Our failure to enforce any right is not a waiver. These Terms, plus policies referenced (e.g., Privacy Policy, Refund Policy, any posted Limited Warranty), are the entire agreement and supersede prior understandings regarding the Services.

24. Governing Law; Venue

These Terms and any disputes are governed by the laws of the State of Delaware, U.S.A., without regard to conflict‑of‑law rules. You and Imagix consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware (subject to any consumer law that requires a different venue).

25. Headings

Headings are for convenience only and do not affect interpretation.

26. Changes to Terms

You can review the current Terms at any time on this page. We may update these Terms from time to time. We will provide notice of material changes as required by law; changes take effect on the date stated in the notice. Your continued use after changes become effective constitutes acceptance.

27. Contact Information

Questions about the Terms should be sent to support@artificial‑imagery.com.
Artificial Imagery Products LLC (Imagix)
165 Broadway, Floor 23, New York, NY 10006
Email: info@artificial‑imagery.com
Business Phone: [INSERT BUSINESS PHONE NUMBER]
Business Registration Number: 10068928