TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

Last modified: May 2024

IMAIGE, Inc., a Delaware corporation, and its affiliates and subsidiaries (hereinafter collectively referred to as “IMAIGE,” “us,” “we,” “our,” or “Company”) has created the following Website Terms of Use of Use (“Terms of Use”) to apply to all users of our websites, including https://photofetcher.com, https://imaige.com, https://aices.com, https://imagekeywording.com , https://mediaviz.ai or any of our  applications, including Photofetcher, Photo Assistant and all digital assets contained or offered therein  (collectively, our “Websites”). These Terms of Use are written in the English language.  We do not guarantee the accuracy of any translated versions of these Terms of Use.  To the extent any translated versions of these Terms of Use conflict with the English language version, the English language version of these Terms of Use shall control.

I. GENERAL CONDITIONS

Please carefully read these Terms of Use before using our Websites.  By using our Websites, you agree to be bound by these Terms of Use, including the Arbitration Clause and Class Action Waiver described in Sections IX and X below, and the Privacy Policy, incorporated herein by reference.  If you do not agree to these Terms of Use, including our Privacy Policy, then you must not use or access our Website.  If you violate these Terms of Use, we reserve the right to deny you access to our Websites and any services we offer, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Use. As an express condition of being permitted to access and use the Websites and any, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside If you do not meet the foregoing requirement, you must not access or use the Websites. 

II. ACCESSING THE SITES

We reserve the right to withdraw or amend our Websites, and any service or material we provide on our Websites, in our sole discretion without notice and for any reason, including performing maintenance, repairs, or upgrades.  We (and our licensors) remain the sole owner of all rights, title, and interest in the Services.  . We will not be liable if for any reason all or any part of the Services are any Website is unavailable at any time or for any period.  From time to time, we may restrict user access, including registered user access, to some parts of a Website or the entire Website. You are responsible for both: (i) making all arrangements necessary for you to have access to the Websites; and (ii) ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. 

III. Website Content

All content, features, and functionality available through our Websites, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Content”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws.  We reserve any and all rights to the Content. You must not modify the Content, use any Content separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Websites. These Terms of Use permit you to use the Website for your personal, non-commercial use only uses that are not competitive with or derogatory to us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in whole or in part, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or (d) if we provide social media features with certain content, you may take such actions as are enabled by such features. Any other use of the Content is strictly prohibited.  You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy). If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any Content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress (“Trademarks”) of ours or our affiliates and the Trademarks may not be copied, imitated, or used in whole or in part without prior written permission of us, and nothing in these Terms of Use shall be construed as granting any license or right to use any such Trademarks without our prior written consent. We reserve the right, but we do not undertake the obligation, to monitor use of the Websites or any Content, and to investigate and take appropriate legal action against any party that uses the Websites or any Content in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any Content, but we assume no liability based on its acceptance, rejection, modification or failure to modify any Content. You hereby grant to us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Websites and/or other IMAIGE products, services or offerings any suggestions, enhancement requests, recommendations or other feedback provided by you to us. As a condition of your right to use and access the Websites and any Content, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Websites any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. If you believe that your copyrighted work has been illegally uploaded or posted on the Websites, you may send a written notice to us at [EMAIL], and we will respond pursuant to our Digital Millennium Copyright Act (“DMCA”) procedure. Our DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. We reserve all rights to seek damages and fees associated with infringement and/or fraud.

IV. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites: (a) any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (d) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability; (f) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (g) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (h) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites (or related website, other websites, or the Internet); (j) to collect or track the personal information of others; (k) to phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (l) for any damaging, obscene or immoral purpose; (m) to interfere with or circumvent the security features of the Websites (or related website, other websites or the Internet), including those to prevent copying of content or that limit use; (n) systematically retrieve data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (o) make any unauthorized use of the Websites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (p) use a buying agent or purchasing agent to make purchases on the Websites; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the Websites; (t) sell or otherwise transfer your profile; (u) use the Websites as part of any effort to compete with us or otherwise use the Websites and/or the Content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Websites’ software, including but not limited to Flash, PHP, HTML, JavaScript, as well as any artificial intelligence, machine learning, deep learning, Python, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Websites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Websites; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Websites, or using or launching any unauthorized script or other software; or (aa)  in any way that may be deemed a breach or violation of any of our Terms of Use or Privacy Policy.  We reserve the right to terminate your use of the Websites and any of our services for violating any of the prohibited uses.

V. CHILDREN’S INFORMATION

We do not target our Websites to minors, who are under thirteen (13) (or a higher age threshold where applicable).  You agree that you are not under thirteen (13) years of age.  We do not intend to collect or process any Information from anyone under the age of thirteen (13).  If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of thirteen (13).

VI. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

    A. Errors, Inaccuracies, & Omissions
Our Websites may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials.  We do not warrant the accuracy, completeness, or usefulness of this information.  We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information on Websites is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.). We do not take on any obligation to update, amend, or clarify information on the Websites, including without limitation, pricing, dates, availability, location, products, and services, except as required by law. No specified update or refresh data applied on any Website should be taken to indicate that all information on any of the Websites has been modified or updated.
You may not create a link to any page of our Websites without our prior written consent.  If you do create a link to a page of our any of our Websites, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Websites by linking to it. Our Websites might include links to other websites, mobile applications, or social media platforms.  We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms.  Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

VII. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

WARRANTY DISCLAIMER:  OUR WEBSITES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR WEBSITES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE.  YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES OFFERED ON OUR WEBSITES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR WEBSITES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS ON OUR WEBSITES AND/OR OUR LITERATURE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY:  IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE WEBSITES OR IN ANY WAY RELATED TO THE WEBSITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE WEBSITES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.  IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). Third Party Services:  We provide you with the ability to connect or login to your account with third-party services (e.g., Google and Google Photos, Apple and Apple Photos and iCloud).  We do not assume any responsibility for any such third-party services.  IF YOU ACCESS ANY THIRD-PARTY SERVICES FROM OUR WEBSITES, YOU DO SO AT YOUR OWN RISK AND YOU AGREE THAT WE DO NOT HAVE ANY LIABILITY FOR ANY INJURY ARISING FROM YOUR USE OR ACCESS TO ANY THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS, AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES.

VIII. GOVERNING LAW

The Terms of Use and any separate agreements whereby we provide you services shall be governed and construed in accordance with the laws of California without reference to any conflict of law rules. You agree that you will not use the Websites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

    A. Arbitration Notice  

YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You and IMAIGE agree that if there is any dispute or claim arising from or related to our Websites (except for the Exempt Claims, as defined below), these Terms of Use, and/or the Privacy Policy it will be resolved by confidential binding arbitration in California, rather than in court, after first giving Notice of the dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice.  The Notice to the Company should be sent to IMAIGE: P.O. Box 22700 San Diego, CA 92122.  This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. If you and IMAIGE are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the parties (or by the AAA if the parties cannot agree).  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be held in the State of California or at another mutually agreed location.  If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer.  If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below).  If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause.  The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

    B. Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Websites, including, without limitation, any website or mobile application or other services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises.  This section applies to you and your heirs, successors, and assigns. EXEMPT CLAIMS:  You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
  • You or we are not required to arbitrate a claim brought on an individual basis in small-claims court.  However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
  • You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights.  Such a claim may be brought in any court of competent jurisdiction.  You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy.  The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT:  You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at optout.email@imaige.com  or (b) by mail to P.O. Box 22700, San Diego, CA 92122.  Include your name, address, username/email used to sign up to the Services and date in the correspondence.  This is the only way you can opt-out. YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. OPT OUT:  You may opt-out of this class action waiver provision by writing us within sixty (60) calendar days of your agreement to this class action waiver provision, either (a) via email at optout.email@imaige.com, or (b) by mail to P.O. Box 22700, San Diego, CA 92122.  Include your name, address, username/email used to sign up to the Services and date in the correspondence.  This is the only way you can opt-out.

XI. PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Websites or for any service offered on or through the Websites, the latter terms shall control with respect to your use of that portion of the Websites or the specific service. IMAIGE’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on our Websites should be construed to alter such agreements. We may make changes to any products or services offered on the Websites, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Websites with respect to products and services may be out of date, and we make no commitment to update the materials on the Websites with respect to such products and services.

XII. PRIVACY

Our Privacy Policy applies to use of our Websites, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

XIII. SEVERABILITY

To the extent that any provision of these Terms of Use is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

XIV. TERMINATION

These Terms of Use are effective until terminated.  We may terminate this agreement at any time without notice to you and may deny you access to our Services.

XV. INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third party.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent.

XVI. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms of Use.  We shall have the right to assign our rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.

XVII. ELECTRONIC COMMUNICATIONS

You agree that communications and transactions between us may be conducted electronically.

XVIII. CHANGES TO THESE TERMS 

We reserve the right to change, modify, or amend these Terms of Use at any time to reflect changes in our practices and service offerings.  If we modify our Terms of Use, such changes will be effective upon posting, and your continued use by you of the Websites after posting such modifications shall be deemed to indicate your irrevocable agreement to such modifications.  It is your obligation to check our current Terms of Use for any changes.  These Terms of Use may only be modified in writing.  Any ambiguities in the interpretation will not be construed against the drafter.

XIX. HOW TO CONTACT US 

If you have any questions about these Terms of Use, please contact us at the following: Email:   privacy@imaige.com Call us: 619.212.0244
Write us: IMAIGE, Inc. P.O. Box 22700 San Diego, CA 92122

Nick Gara

Technical Lead

Nick Gara applies his engineering expertise to drive innovation in software and AI. His professional journey, marked by diverse roles in software development, reflects his deep passion for technology and problem-solving. Away from the keyboard, Nick is equally skilled with his hands, enjoying car repairs and various home renovation projects. 

Dr. Hairong Qi, AI Community Advisor

DR. HAIRONG QI

AI COMMUNITY ADVISOR

Dr. Hairong Qi is currently the Gonzalez Family Professor with the Min H. Kao Department of Electrical Engineering and Computer Science at the University of Tennessee, Knoxville. Dr. Qi’s research in imaging, computer vision and machine learning is supported by the National Science Foundation and NASA among others.

James Mone, Chief Operating Officer

James Mone

Chief Operating Officer

James Mone serves as Chief Operating Officer. Prior to joining IMAIGE, Inc. in 2020, he was Head of Product at Neuralify, focused on enterprise enablement in the Machine Learning and Automation space. James has held leadership positions at KPMG, Cynergy, and UCLA. James resides in Portland, OR and enjoys spending time in the outdoors with his wife and two daughters.
Justin Williams, Chief AI Officer

Justin Williams

Board Advisor on AI

Justin Williams serves as the Board Advisor on AI Previously he led innovative technology solution teams for Fortune 100 companies like Microsoft and United Health Group. Past leadership positions include Founder of Tinman Kinetic, LLC and Directorships at KPMG and digital agency Cynergy. He’s commitment to ethical AI, philanthropy and loves restoring classic cars with his kids. No microchips allowed!

Imanne El Maâchi, Lead AI Scientist

Imanne El Maâchi

Lead AI Scientist

Imanne has a biomedical engineering bachelor’s degree and a computer engineering master degree from Polytechnique Montreal. Before joining Imaige, Imanne worked in R&D to develop AI medical algorithms in the medical imaging industry in Canada. Outside of her work, Imanne loves outdoor activities and reading.

NIck Tirrell

CTO

Nick Tirrell serves as Chief Technology Officer. Prior to joining IMAIGE, Inc. in 2023, he held technology leadership roles at organizations large and small across Health & Wellness, Live Events, and CPG sectors. Nick lives on New Hampshire’s Seacoast and enjoys skiing, cycling, and wildlife.

Patrick Rogers

Project Management

Patrick Rogers leads Project Management at IMAIGE, Inc. In the past, he assisted organizations such as Paypal, theCHIVE, Atmosphere Tv, with Agile processes and tools. In 2019, he was recognized by the Austin Agile Alliance as an “Agent of Evolution” for Agile processes. Outside of work, Patrick’s time goes into his passion for hobby game development, martial arts, and his three kids.
Oscar Hernandez, Systems Engineer and Integrations Lead

Oscar Hernandez

Systems Engineer and Integrations Lead

Oscar Hernandez is the Systems Engineer and Integrations Lead at IMAIGE, Inc. His diverse technical background in cloud engineering, automation, and service development – along with a strong customer service ethic – have served him well during his career at companies like BYPRICE. Out of work, Oscar enjoys bouldering in remote areas and mastering a variety of percussion instruments.

Caleb Balbera

Backend Software Engineer

Before joining IMAIGE, Caleb worked as a software engineering consultant to enterprises building new products, upgrading to the latest architectures and streamlining data flow. He lives in Denver, Colorado and spends his time outside of work skiing, cooking, reading, and playing soccer. 

Andrew Schmied

Strategic Advisor

Andrew Schmied started as a Strategic Advisor with IMAIGE in 2020. He is a graphics industry veteran, deep tech entrepreneur and CSO at M2 Insights. Andrew brings advanced HMI, 3D, MIMD and AI solutions to Consumer, Enterprise, and Industrial sectors. Andrew’s work with Samsung, Apple, Microsoft, Intel, has created new digital experiences, environmental benefits, and analytic capabilities.
Gabriel Hatcher, AI Scientist

Gabriel Hatcher

AI Scientist

Gabriel Hatcher is an AI Scientist at IMAIGE, Inc. Prior to IMAIGE, he worked on applying deep learning and machine learning methods to control system problems for aerospace applications and using black body optimization techniques to accelerate interplanetary mission design. His main passions are using technology to help others and combining knowledge from diverse fields to create new solutions. He holds a bachelor’s degree in Aerospace Engineering from the University of Tennessee, Knoxville with a minor in business. Outside of work, he enjoys photography, art, making things, and picking up new hobbies!

Mike Goergen

VP, Strategic Partnership

Mike Goergen is VP of Strategic Partnerships at IMAIGE, developing relationships to help them grow revenue and build long-term value. Prior to joining IMAIGE, Inc. he spent time in key leadership positions across multiple startups, PE, and VC backed firms designing GTM strategies, creating channel verticals, c-level relationships, and leading sales teams. Mike  lives in a suburb of  Minneapolis, MN where he spends time with his wife and three children.
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Troy Debraal, Company Founder & CEO

Troy DeBraal

Company Founder & CEO

Company founder, Troy DeBraal, serves as CEO of IMAIGE. Before being inspired to create the world’s first personalized A.I., Troy was COO at San Diego Legion a founding franchise in Major League Rugby,  led digital transformation for multiple Fortune 100 companies at Cynergy, and was a part of leadership at KPMG. Out of the office Troy enjoys making art, digging for old soul records, and cooking with family.