1.1. These Terms of Use ("Terms"), together with any other conditions, policies, and procedures that may be published on the ImgSearch, including the Privacy Policy, the Subscription Plans/Packages conditions, the Refund/Cancellation Policy and the Content Use Policy, govern the relationships between ImgSearch DPK (‘We’), a company registered with the Bulgarian Commercial Register at the Registry Agency, with unified identification code 208143664, with seat and registered office: 88 Bulgaria blvd, entr. 3 – offices, fl. 2, office 6, Sofia 1680, Bulgaria, hereinafter referred to as “We” and the Users (‘You’) with respect to the use of the ImgSearch platform (‘ImgSearch’/ ‘The Platform’). We are registered under the Bulgarian Value Added Tax Act, with registration number BG208143664. You can contact us at:
Telephone: .............
Email: contact@imgsearch.com
1.2. You are not permitted to use ImgSearch without accepting these Terms. Prior to using ImgSearch, You should also read our Privacy Policy which You can find at: https://imgsearch.com/legal/privacy-policy and are incorporated by reference into these Terms.
1.3. ImgSearch is available for use to both consumers and business users. “Consumer” under applicable legislation means any natural person with habitual residence in the European Economic Area who, in connection with these Terms, acts outside the scope of their trade, business, craft or profession. “Business User” is any user who, in connection with these Terms, acts within the scope of their trade, business, craft or profession. For avoidance of doubt, Users who use the Business Subscription Plan/Package and Users who indicate a legal entity on whose behalf they use the Platform are considered Business Users by default. The clauses in these Terms indicated as applicable to Consumers do not apply to Business Users.
1.4. These Terms contain very important information regarding Your rights and obligations, as well as the conditions, exclusions, and limitations applicable to ImgSearch. Please read them carefully before accessing and using the Platform.
1.5. These Terms are available at Our Platform and you may access them at any time. We will also send the current version to you via email upon your registration and inform you via email of any amendments. ImgSearch keeps and archive of the amendments in the Terms and You may see the applicable versions of the Terms by dates. You can download a copy of the Terms in a pdf format and store it on Your device and/or print it as a hard copy.
Unless the context otherwise requires, the following terms used in these Terms shall have the following meaning:
2.1. Account: an account on the Platform created by the User which is limited for use by the respective User via the Login Credentials;
2.2. Applicable Laws: all applicable laws and regulations under Bulgarian law, including relevant public authorities’ acts such as orders, instructions, opinions, guidelines, etc. and the laws and regulations of any other jurisdiction, if applicable under international law rules.
2.3. Intellectual Property Rights: all rights for which protection is granted under the Bulgarian Copyright and Related Rights Act, the Industrial Design Act, the Trademark and Geographical Indications Act or other applicable intellectual property laws of Bulgaria and other jurisdictions (if applicable).
2.4. Login Credentials: User’s email address, password and other registration details required to create and access the User’s Account; Login Credentials may also be information received from a third party (for example Google), when You use Your credentials to log into your account with this third party and we receive information from the respective third party to authorize You and create an Account in our Platform /log You in Your Account.
2.5. Platform: the Platform available at ImgSearch.com
2.6. Services: the services offered through the Platform. i.e. access to the Platform, creation of Account and any other functionalities of the Platform.
2.7. Content: the AI-generated images modified, published and made available on the Platform by Us for downloading and use by the Users. The Content may also include videos and other AI-generated audio and/or visual content. For avoidance of doubt:
2.8. Subscription Plan/Package: the financial conditions for downloading and using the Content provided via the Platform; the available Subscription Plans/Packages are published on the Platform together with the included features (number of downloads, quality of Content, length of subscription – month, year, etc., or length of availability of the package, and others) and prices for each of them. The conditions of the Subscription Plans/Packages may be changed on Our discretion for which you will be duly notified.
2.9. We or Us: the supplier of the Platform, ImgSearch, with details and contacts indicated in Art. 1 of these Terms.
2.10. Terms: these Terms of Use, as amended from time to time.
2.11. User, You or Your: customers accessing and using the Platform.
The terms above shall have the described meaning if they are used capitalized in these Terms.
3.1. The Platform may be accessed without a registration and You may see the Content and use the search function, but You will not be able to download and further use any Content without a registration.
3.2. Even if You do not have a registration, Art. 5.6, 9, 13, 14, 15, 16, 17, 18 apply to You and You need to comply with them when you access and browse the Platform.
3.3. You must be at least 14 years old to use the Platform.
4.1. In order to be able to download Content and use all functionalities of the Platform You must first create an Account and accept these Terms. You must be at least 14 years old to create an Account.
4.2. To create an Account, You will be asked to provide certain registration details including name, e-mail address and choose a password (‘Login Credentials’). Alternatively, you may register with your Google account, in which case Google will share with us your name, email address and profile picture. Before creating an Account, you will need to agree with these Terms by marking the checkbox next to “I agree with the Terms of Use of ImgSearch”. Each time you enter information on the Platform and/or click on the corresponding virtual button such as "Register", "Subscribe", etc. (checking a checkbox, clicking on a virtual button to express consent, subscribing to a Plan/Package, subscribing to a newsletter, accepting these Terms, confirming the reading of a document such as Privacy Policy, completing and submitting of an electronic form on the Platform) upon registration or at a later stage through Your Account and the functionalities of the Platform, You make an electronic statement within the meaning of the Applicable Laws (Bulgarian Electronic Document and Electronic Trust Services Act). After saving these statements on the appropriate medium using a generally accepted conversion standard in a technical manner making it possible to reproduce them, the electronic statements become electronic documents within the meaning of Applicable Laws. By clicking on the checkbox next to “I agree with the Terms of Use of ImgSearch”, You make an electronic statement, by which You declare that You are familiar with these Terms, accept them and undertake to comply with them.
4.3. You may use the functionalities of the Platform.
4.4. When creating an Account, You shall provide full, accurate and non-misleading information. You declare that You have full legal title over the email address You provide to Us, and that You will be solely responsible for the use of this e-mail address for the purposes of creating and using an Account.
4.5. You agree that You will use the Account only Yourself and not provide access to any third party. We are not liable if a third party uses Your Account without Your authorization.
4.6. If you plan to use Content of ImgSearch for commercial purposes, You are obliged to include in Your Account the name of the company/other legal entity on whose behalf You act – e.g. as a manager, employee, contractor (for example for marketing materials, etc.). For avoidance of doubt, You need to provide the name of the company/other legal entity You work for, not clientsof the entity You work for or other entities (example: if you are an employee in a marketing agency, You need to provide the name of the marketing agency, not of the marketing agency’s clients).
4.7. If you choose Business Subscription Plan/Package You need to provide the name of your legal entity and by that You declare than You are a legal representative or dully authorized to represent the Company. You will be able to invite other users to use the Subscription Plan/Package (in accordance with the Subscription Plan/Package conditions). You are obliged to invite persons only within Your legal entity. They will be able to use the Subscription Plan/Package upon registering and accepting these Terms. You will not be able to see their passwords or other Credentials, except for their email for registration.
4.8. You agree that You will not disclose Your Login Credentials to any third parties, and You will keep them strictly confidential at all times. You are solely responsible for keeping Your Login Credentials safe. In this respect, You should select a unique password which is not easy to guess.
4.9. After sign-up we may send announcements and information related to the Platform and Content to the emails associated with Your Account. These announcements include on-boarding communications with respect to the registration and signing in the Platform, email notifications for certain events related to the sign-up and use of the Platform, incl. good practices on how to optimize the use of the Platform.
4.10. We may, in our sole discretion, refuse to create an Account for anyone.
4.11. After You create an Account, You can log in the Platform with Your Login Credentials.
5.1. Our Content is entirely created with AI tools with edits and modifications in respect to quality on Our part. We do not claim that the Content represents real photography, real people, objects, places, entities, events, etc.
5.2. We grant You an unlimited, non-exclusive, worldwide license for an unlimited period and for an unlimited number of uses to reproduce, distribute, present in public, broadcast, transmit, display in public, rework (modify), offer electronic access to the Content, and carry out any other activities which are considered use of copyrighted works under the respective applicable law.
5.3. The license we grant you includes use for commercial purposes, i.e. You may use Content for your advertisement campaigns, designs, marketing activities, product branding, etc. However, please note We cannot guarantee you an exclusive right over certain Content, or otherwise said that only You will have the right to use certain Content.
5.4. The license we grant You is subject to the following restrictions:
5.5. For avoidance of doubt, as far as the Content might be considered copyrighted work, it is Our intellectual property, and we grant You and Our other users license to use it as described above.
5.6. If You, in any way, copy, reproduce or download Content without a Subscription Plan/Package and/or use Content of the Platform for any purpose after such an action, this will be considered an infringement of these Terms and, if applicable, of Our Intellectual Property Rights and other rights and legal interests under Applicable Laws. This Art. 5.6 includes any circumvention of technical barriers for copying, reproducing and downloading Content without a respective Subscription Plan/Package, but it applies even if there are no particular technical barriers created for the prevention of an action prohibited under these Terms.
6.1. After You create an Account and accept these Terms, You may receive a Free Trial, in accordance with respective announcements on the Platforms. The Free Trial gives You free access to the paid functionalities of ImgSearch, available to You for the period indicated in the respective announcement or until you purchase a paid Subscription Plan/Package, whichever is sooner.
6.2. We reserve the right to introduce or withdraw the option for a Free Trial at any time.
6.3. When the Free Trial expires, You will continue to have access to Your Account, but You will not have the possibility to use paid functionalities.
7.1. If You wish to download Content, You should consult our Subscription Plans and Packages options and choose the best option for you. ImgSearch may offer a free Subscription Plan/Package which grants you the right to download Content with limitations. ImgSearch reserves the right to stop providing such a plan or package upon its discretion at any time. If you have chosen the Free Subscription Plan/Package and it is discontinued, you will not be able to download Content until you purchase a paid Subscription Plan/Package in accordance with the Subscription Plan/Packages options provided on the Platform.
7.2. You can purchase a Subscription Plan/Package during the Free Trial as well, in which case the Free Trial will be terminated and Your Subscription Plan/Package will be activated in accordance with these Terms.
7.3. After You purchase a paid Subscription Plan/Package, We will send a notification to You (per email or through the Platform) confirming the purchase and the start date of Your Subscription Plan (if applicable). You can start using the Subscription Plan/Package immediately after Our confirmation of Your purchase.
7.4. If You purchase a Subscription Plan, You subscribe for access to the Content for an unlimited period of time and will be charged at the start of each billing period. Billing periods are with a duration of 1 (one) month or one (1) year, or for other periods, if so indicated on the Platform. The first billing period commences on the start date of Your Subscription Plan. Your Subscription Plan will begin only upon successful payment of the indicated Subscription Plan fee.
7.5. You can cancel the Subscription Plan through the Platform at any time. In case of cancellation, the Subscription Plan will remain effective until the end of the respective billing period and You will not be charged for next billing periods. After the end of the respective billing period during which you canceled Your Subscription, You will no longer have access to the paid Subscription Plan functionalities.
7.6. If you choose a Subscription Package, You will be able to use the respective features of the Platform and download a certain amount of items of the Content in accordance with the Package description. The Package will be active for a certain period of time indicated in the Package description (e.g. one month, one year), which will start on the date of Our confirmation of Your purchase. After this period expires, You will not have access to the features included in the Package. The Packages are not renewed automatically and if the Package expires and You wish to continue having access to the respective features, You need to purchase a new Package. The same is valid in case the period of the Package has not expired, but You have reached the maximum permitted downloads for the Package or other limitations, indicated in the Package description.
7.7. If you choose Business Subscription Plan/Package, you will be able to add Users from Your legal entity up to the limits described in the Subscription Plan/Package terms. You will be able to remove users from the Subscription Plan/Package at any time and add new ones. You need to pay the full price of the Business Subscription Plan/Package even if You do not add the maximum permitted Users to the Subscription Plan/Package.
7.8. By accepting these Terms, You agree to receive access to the Content and the functionalities to download it as of Our confirmation of your purchase under Art. 7.3 and before the end of the statutory withdrawal period. You confirm your awareness that by agreeing with the latter You lose the right to withdraw from the paid Subscription Plan/Package.
8.1. The prices for the Subscription Plans/Packages are available on the Platform (“Prices”).
8.2. The Prices listed on the Platform include VAT, unless indicated otherwise. You can check the Price in the Platform prior to purchasing a Subscription.
8.3. You will be charged for the Subscription Plan at the start of each billing period. The Prices paid under a monthly Subscription Plan are refundable in case of cancellation before the end of the monthly period under the conditions described in our Cancellation/Refund Policy. Prices paid under an annual Subscription Plan are refundable, provided that the request for a refund is made within 14 calendar days following the renewal date.
8.4. When You purchase a Subscription Plan, You will be charged each billing period at the Price applicable at the time You agreed to subscribe, irrespective whether such Price has been increased subsequently. In the event that Your Subscription is canceled, and You decide to subscribe again later, You will be charged at the current Price for the Subscription.
8.5. It is the User's responsibility to ensure that all payment method details are accurate and kept up to date. In case your payment method cannot be charged for the respective billing period, You will be notified and Your Subscription Plan may be cancelled. For Business Subscription Plan, the obligations under this Art. 8.5. are responsibility of the main user who purchased the Business Subscription Plan.
8.6. If You purchase a Subscription Package, You will be charged once at purchasing. The Prices paid under a Subscription Package for a one-month period are non-refundable in case of cancellation before the end of this period. Prices paid under Packages active for longer period (i.e. one year) may be refundable, on Our discretion. The Price of Subscription Plans is owed regardless of whether You used the Package to the maximum or not.
8.7. In case We refund You for the paid fees for Subscription Plan/Package in accordance with these Terms, We will reimburse the sums received using the same payment method (e.g. payment card) used by You to pay for the Subscription Plan/Package, unless You have expressly agreed to the use of another payment method. The refund will not entail any costs for You.
8.8. We use Paddle Payments Ltd. As Our Merchant of Record (“MoR”) – this is a third party who acts as a reseller of Our Plans/Packages and handles the payment process and any payment-related matters such as refunds and chargebacks, if applicable. By making a payment You agree to Your payment information being processed by the MoR. The MoR handles the charge and collection of VAT and other taxes, together referred to as Sales Taxes, if applicable, with regard to Your purchase. You agree that You may be charged with Sales Taxes by the MoR.
8.9. We will not have access to Your payment method information, only to details about the payment, e.g. amount, date of payment. We are not liable for the correct execution of payments by MoR. We are also not liable if a payment method is not accepted by the MoR. The services of MoR are subject to its terms of use and privacy policies and are not controlled by Us. For further information, please refer to Paddle Invoiced Business Terms and Conditions or Paddle Invoiced Consumer Terms and Conditions (depending on whether You use our Services as Consumer or for business purposes) available on Paddle’s website.
8.10. The document for Your purchase and the invoice (if such is issued) will be issued and provided to You in electronic form only. For avoidance of doubt, You will not receive payment documents on paper.
9.1. You agree not to, directly or indirectly, engage in any of the following actions: use or attempt to use any automated systems to withdraw data from the Platform (“screen-scraping”); infect or attempt to infect the Platform with any viruses, worms, or any other kind of malware software; send junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose; use or attempt to log into any Account which does not belong to You; compromise or attempt to compromise the Services in any way; enter any non-public/secure areas of the Platform; investigate, scan, or test the Platform or any other related system or network, or violate any security or authentication; make and distribute copies of the Platform; attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform.
9.2. You agree to use the Content of the Platform only in accordance with Art. 5 above (“Our Content and License for use of Our Content”).
9.3. For avoidance of any doubt the use of any intellectual Property Rights objects and other protected subject matter on the Platform is expressly reserved by Us and You must not carry out text or data mining.
9.4. As long as You comply with these Terms, You are granted a non-exclusive, non-transferable, limited and revocable license to use the Platform in accordance with these Terms (except in respect to the Content, to which Art. 5 applies). You cannot: modify or copy the Platform, its elements, software code, design, user interface, texts (with exception to those considered ‘Content’), Our trademarks, logos, marketing materials, or any part thereof (“Platform Objects”); use the Platform Objects for any commercial purpose, or for any public display (commercial or non-commercial), as well as for any other purposes which are not expressly permitted under these Terms and/or Applicable Laws; attempt to decompile or reverse engineer the Platform Objects or any other software contained on the Platform; transfer the Platform Objects to another person or "mirror" the materials on any other server.
9.5. If You violate or attempt to violate any of the above restrictions, We have the right to disable any functionality of the Platform temporarily or permanently, as well as to terminate your Account and Your Subscription Plan/Package with an immediate effect, as well as undertake any actions necessary to defend our rights and legal interests in accordance with Applicable Laws.
10.1. If You would like to delete Your Account, You should use the interface of the Platform to do so . In exceptional cases, where the deletion is not possible via the interface of the Platform, You can contact us via email. If you delete your Account, You will lose access to Our Services. Please note that if you have an active paid Subscription Plan/Package which is not terminated before the deletion of Your Account, we will not refund the Subscription Plan fees already paid until the end of the current bulling period and will not refund You the fees paid for Subscription Package, except if stated otherwise in our Refund/Cancellation Policy. You will not be charged for any subsequent billing periods. We may retain certain personal data collected from You in accordance with our Privacy Policy.
11.1. You can access and use the Platform from a mobile device with an internet browser, laptop or desktop computer with internet access.
11.2. We will endeavor to ensure that You can access the Platform at any time. Please note that there may be periods during which the Platform may not be available due to a planned or urgent maintenance. We will try to limit such cases as much as possible, but we cannot guarantee the full availability of the Platform and Services.
Maintenance: We can from time to time amend, remove, add, adapt and/or test certain functionalities of the Platform required to maintain it (“Updates''), including without limitation, security updates and/or updates to keep the Platform in conformity.
Modifications: We can from time to time modify the Platform by, amongst others, updating, adding and/or removing functionalities in order to improve the Platform for Users, and/or adapt the Platform to new technical environment(s), and/or to increase the number of Users, and/or for other important operation reasons ("Modifications"). You will be informed of such Modifications.
If you are a Consumer and the Modification has a negative impact on Your use or access to the Platform, You have the right to terminate the contract between us, unless the negative impact is insignificant. In such a case, You have the right to cancel Your Subscription Plan/Package free of charge from the moment We notify You of the Modification or from the moment the Modification takes place, whichever is later. In case of cancellation under this Art. 11.2, we will refund You proportionately for any fees paid for a Subscription Plan/Package.
11.3. You must secure the technical equipment, software, internet access and access to mobile phone service and mobile data transfer which You need to use the Platform and Services. We are not responsible for any inability to use the Services if it is due to not securing the resources under this Article 11.3.
11.4. If you are a Consumer, You are hereby reminded of the guarantee covering conformity of digital content and services pursuant to the Provision of Digital Content and Digital Services and the Sale of Goods Act (“Act”). Under the Act, digital services and content shall conform with the contract and the objective requirements for conformity as set out in the Act.
12.1. The contract between You and Us is terminated in case of one of the following:
12.1.1. deletion of Your account in accordance with Art. 11.
12.1.2. termination of your Account by Us in case of grave violation of these Terms or infringements of Applicable Laws.
12.1.3. discontinuation of the Platform in Your country or discontinuation of the Platform for any other reason, including discontinuation of Our business activities (with prior notice).
12.1.4. with a 1-month advance notice to You for any reason.
12.1.5. in any case provided for in Applicable Laws.
12.2. In the cases of Art. 12.1.1. and Art. 12.1.2. you will not be refunded for a purchased paid Subscription. In the case of Art. 12.1.3. and Art. 12.1.4, if You purchased a paid Subscription Plan/Package, we will refund You proportionately.
12.3. Please note that even if Your Account is terminated, if You access and use the Platform, the parts of these Terms applicable to Users without a registration will continue applying to You.
12.4. If You wish to withdraw from the contract with us for provision of Account in Our Platform and/or provision of Free Subscription Plan/Package, you can do this at any time by deleting Your account in accordance with Art. 10. For withdrawal from the contract for provision of paid Subscription Plans/Packages, Art. 7.7 applies.
13.1. Nothing in these Terms excludes liability for gross negligence or willful misconduct or other liability which may not be limited or excluded by Applicable Laws.
13.2. To the extent permitted by Applicable Laws, We shall not bear civil (whether contractual or non-contractual), administrative, criminal or other liability for any material or non-material damages, including any loss of revenue, profit, contracts, business or failure to realize anticipated savings or profits, loss of or damage to goodwill, or any indirect damages and losses, resulting from or related to:
13.2.1. unauthorized access to Your Account and/or harmful actions resulting from Your compromised Login Credentials or compromised device for accessing Your Account;
13.2.2. any incorrect or incomplete information provided by You,
13.2.3. any negative consequences resulting from Your infringement of these Terms or of the Applicable Laws,
13.2.4. any claims of third parties, including claims related to trade mark protection, copyright or other Intellectual Property Rights claims resulting from Your use of the Content. You use Our Content for commercial purposes and any other purposes on Your own discretion and ImgSearch is not liable for any infringements of rights of third parties in that respect.
13.2.5. any unavailability of the Platform or of separate functions of the Platform, including discontinuation of the Platform or certain functions.
13.3. You declare and agree to use the Platform and Services entirely at Your own risk and responsibility. We are not responsible for eventual damages inflicted on You during the said use, except when the said damages have been deliberately caused by Us with intent or gross negligence.
13.4. We are not obliged, nor have the objective possibility to control the way and/or the purposes for which the Users use the downloaded Content. Furthermore, We are not obliged in any way to seek facts and circumstances indicating the conduct of any illegal activity by Our Users.
13.5. We shall not be held responsible for the non-delivery of the Platform or Services in case of circumstances that are beyond Our control, i.e. cases of Force Majeure, accidental events, problems with the Internet global network, the electronic communication systems and the provision of services beyond Our control, nor shall We be held liable in the event of third parties gaining unauthorized access to the User's Account, as far as the latter is not due to gross negligence or intent on Our part.
14.1. The Website or the Platform may include advertisements and links to external websites. We have no control over and do not approve any content, goods or services provided by such external sites. We are not responsible and do not bear any liability for damages suffered by You as a result of using the services and/or goods of such external websites.
15.1. You undertake to indemnity and hold Us harmless from and against all liabilities and/or damages, arising out of third-party claims regarding any damages sustained by such third parties as a result of Your use of the Platform and/or any breach by You of Applicable Laws or these Terms. This includes, but is not limited to, any Intellectual Property Rights claims arisen as a result of Your use of the Content.
16.1. You are hereby informed that we may restrict the provision of the Platform and the Services in certain jurisdictions on Our own discretion. In such a case You will be informed in advance and the contract with You under these Terms will be terminated in accordance with Art. 13.
16.2. You are hereby informed that we may implement measures to restrict access to the Platform from any jurisdiction prohibited or restricted by applicable national or international laws, regulations, or acts. You confirm that You will comply with this clause 16 and You will not attempt to use the Platform and Services in such a case and/or bypass any technical restrictions.
17.1. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Bulgaria.
If you are a Consumer, the applicable law clause above cannot have the result of depriving You of the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of the laws of the country of Your habitual residence.
17.2. All disputes arising out of or in connection with these Terms, including but not limited to their validity, formation, performance or termination shall be settled by the competent Bulgarian court in the city of Sofia in accordance with Bulgarian law.
If you are a Consumer, We may only bring proceedings against you before the courts of the country where You are domiciled. You may bring proceedings against Us before the courts of Bulgaria, the courts of the country where You are domiciled, and before any other court which is competent in accordance with Applicable Laws.
17.3. If You are a Consumer, You can address a consumer complaint to the Bulgarian Commission for Consumer Protection, website: kzp.bg, address: 1 Vrabcha str., fl. 3, 4, and 5, Sofia 1000, Bulgaria.
We are in the scope of activity of the General Conciliation Commission to the Bulgarian Commission for Consumer Protection, with its seat in Sofia, Sofia Region, Kyustendil Region and Pernik Region, with address: 1 Vrabcha str., fl. 3, 4, and 5, Sofia 1000, Bulgaria website: kzp.bg, e-mail: adr.sofia@kzp.bg. You can find all bodies within whose scope of activity we are at: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
The European Commission provides a platform for out-of-court online dispute resolution at: www.ec.europa.eu/consumers/odr. On this platform, You can find a list of dispute resolution bodies that can assist in out-of-court dispute resolution.
We have not committed and are not obliged to take part in out-of-court dispute resolution proceedings before a dispute resolution body.
18.1. These Terms can be amended by Us from time to time. When we change the Terms, we will notify You by e-mail (to the e-mail address provided in Your Account) within 7 days (“Update Notice”). If You are a Consumer, when You do not agree with the changes in the Terms, You shall inform us per e-mail at contact@imgsearch.com within 1 (one) month of receiving the Update Notice and the contract between Us and You under these Terms shall be terminated. You will be deemed to have accepted the changes if You have not notified Us within the aforementioned 1 (one) month period. This Art. 18.1 is not applicable where the amendment to these Terms is the result of changes in mandatory rules of the Applicable Laws or an order or instruction issued by a competent authority.
18.2. If You have questions or wish to get in touch with us, You can contact us by using the contact details provided in these Terms or in other sections on Our Platform, as well as by using the functionalities of the Platform.
18.3. We can send You notices under these Terms in one of the following manners (i) per email to the e-mail address provided by You in Your Account; and/or (ii) by posting a notification on the Platform.
18.4. Notices sent by e-mail are considered received when the email is received in Your e-mail service provider’s system, while notices posted on the Platform – at the time of posting. It will be considered that You are aware of the content of the notices within a reasonable period after their receipt. You are responsible to check regularly Your email, as well as notifications on the Platform.
18.5. All statements in connection with the acceptance, enforcement, performance, amendment and termination of the Terms can be made electronically. All communication between You and Us can be exchanged in electronic format and any electronic statements from either of us (e.g. performing actions on the Platform, including but not limited to creating an Account, sending emails and notifications, as well as any other electronic statements, including these Terms and their acceptance) are considered to be signed with an “electronic signature” within the meaning of Article 3, point 10 of Regulation (EU) No 910/2014. In the relations under these Terms such electronic signatures shall have the legal effect of a handwritten signature. By accepting these Terms, You express Your agreement to consider the electronic statements signed with an electronic signature under these Terms as equivalent to those signed with a handwritten signature.
18.6. You agree that We have the right to assign all Our rights and obligations under these Terms to any third party without Your prior consent.
18.7. If any sentence, provision or part of a provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant sentence, provision or part of a provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
18.8. Nothing in these Terms affects Consumer rights and/or other rights that cannot be waived or limited by any contract under the Applicable Laws.
18.9. These Terms are provided in English.
18.10. These Terms enter into force on …… January 2025.
