TERMS OF SERVICE

TERMS OF SERVICE

Last Updated: February 2026
Effective Date: Immediately upon access

1. INTRODUCTION & ACCEPTANCE

Welcome to Imaginarii. By accessing our websites (imagi-narii.com or imaginarii.net), purchasing our digital or physical products, or retaining our consulting services, you agree to be bound by these Terms of Service ("Terms").

Who We Are:
Imaginarii is a creative services and digital products business operating as a registered DBA in Fresno, California. While our current primary operation is Imaginarii Labs (focusing on AI consulting, business education, and web development), these Terms apply to all segments of our business as products and services expand or evolve.

The Agreement:
If you do not agree to these Terms, please do not use our website or services. Your continued use of our website, products, or services constitutes acceptance of these Terms and any updates.

Age Requirement:
You must be at least 18 years old to purchase products or services from Imaginarii. If you are under 18, you may use our website only with the involvement and consent of a parent or legal guardian.

2. INTELLECTUAL PROPERTY & DIGITAL LICENSES

Our business model relies heavily on intellectual property. We take this seriously.

A. Website Content

All content on our websites — including curriculum, blog posts, code snippets, logos, worksheets, templates, and visual assets — are the property of Imaginarii and protected by United States intellectual property laws.

B. Digital Products (Courses, Templates, Kits)

When you purchase or download a digital product or digital asset (e.g., Phase 0 Starter Kit, worksheets, templates), you are granted a limited, non-exclusive, non-transferable license to use the materials for your personal or internal business use only.

You May:

  • Use the worksheets, templates, and materials to plan and operate your own business

  • Print materials for your personal reference

  • Access course content for your own learning

You May Not:

  • Resell, redistribute, or share our PDF files, videos, or templates with others

  • Teach our curriculum or methodologies to third parties

  • Modify and resell our materials as your own

  • Share downloaded materials, even if they were offered as free downloads

Free downloads are still licensed materials and may not be redistributed, shared, or resold.

C. No Resale or Redistribution Rights

Purchasing intellectual property does not grant you the right to teach our curriculum, sell our methodology, or claim our work as your own.

D. Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our website infringes your copyright, please contact us at support@imagi-narii.com with:

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the material that is claimed to be infringing

  • Your contact information

  • A statement that you have a good faith belief that use of the material is not authorized

  • A statement that the information in the notification is accurate

We will investigate and take appropriate action, which may include removing the allegedly infringing material.

3. SERVICES & CONSULTING

A. Scope of Work

For professional services (AI implementation, web development, consulting), specific deliverables will be defined in a separate Statement of Work (SOW), Project Charter, or Service Agreement. If there is a conflict between these General Terms and a specific SOW or Service Agreement, the SOW or Service Agreement will prevail.

B. AI Disclaimer

Imaginarii leverages AI-enhanced workflows in our service delivery. By hiring us, you acknowledge that:

  • Portions of our work may be generated using Artificial Intelligence

  • AI technology is rapidly evolving and not error-free

  • We act as the "human in the loop" to verify output for quality and accuracy

  • We do not guarantee that AI-generated code or content is completely error-free

  • Client is responsible for reviewing all AI-generated deliverables and assumes all risk for implementation decisions

C. Service Modifications

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. Active service contracts will be honored through their completion or appropriate transition.

4. USER CONDUCT & DATA COLLECTION

Our services are hosted on third-party platforms. By using this site, you acknowledge that data collection is inherent to platform functionality. Please review our separate Privacy Policy for detailed information about how we collect, use, and protect your data.

A. Form Submissions

When you submit a contact form, lead capture form (e.g., for worksheets, free downloads, or waitlists), or project inquiry, you agree that we may contact you regarding your request. We do NOT sell your personal data to third parties.

B. Browsing Data & Analytics

We use analytics tools to collect non-personal browsing data to improve our services. This includes page views, time on site, referral sources, and general usage patterns.

C. Checkout & Payment Data

All e-commerce transactions are processed through secure third-party payment processors. Imaginarii does not store your full credit card number or sensitive financial data on our servers. Payment processing is governed by our payment processor's terms and privacy policies.

D. Account Security

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

5. PURCHASES, PAYMENTS & REFUNDS

A. Pricing

Prices for services and products are listed on our websites in USD. We reserve the right to change pricing at any time (e.g., moving from "Launch Price" to "List Price"). Price changes do not affect orders already placed.

B. Payment Terms

  • Digital products: Payment due at time of purchase

  • Services: Payment terms specified in Statement of Work or invoice

  • Subscriptions: Recurring charges as specified at signup

  • Late payments may result in service suspension and late fees

C. Refund Policy

Digital Products:
Due to the immediate nature of digital downloads (PDFs, templates, courses), all sales of digital products are FINAL and non-refundable once accessed or downloaded.

Physical Products:
Physical products may be returned within 14 days of receipt if unopened and in original condition. Customer is responsible for return shipping costs. Refund will be issued within 10 business days of receiving the returned item.

Services:
Refunds for consulting services are governed by the specific contract signed at the start of the engagement. Generally, work completed is non-refundable. Deposits may be partially refundable if project has not commenced.

Subscriptions:
Subscription fees are non-refundable. You may cancel at any time, and your access will continue through the end of the current billing period.

6. TERMINATION

A. Your Right to Terminate

You may stop using our services at any time. For subscription services, you may cancel according to the terms of your subscription agreement.

B. Our Right to Terminate

We reserve the right to suspend or terminate your access to our services if:

  • You violate these Terms of Service

  • You engage in fraudulent or illegal activity

  • You misuse our intellectual property

  • Payment for services is not received

C. Effect of Termination

Upon termination:

  • Your license to use our materials immediately ceases

  • You must delete all downloaded materials in your possession

  • Outstanding payments become immediately due

  • We will provide work-in-progress according to the terms of any active service agreement

  • Sections of these Terms that by their nature should survive (Intellectual Property, Limitation of Liability, Governing Law) will continue to apply

7. DISCLAIMERS & LIMITATION OF LIABILITY

A. Educational Content (No Business Advice)

Our courses, blog content, and educational materials are for informational and educational purposes only. We provide frameworks and tools to help you make informed decisions, but we do not guarantee business success. For example, a "Strong Go" on our Decision Tree is a data point based on your inputs, not a promise of profitability. You are solely responsible for your own business, financial, and legal decisions and outcomes.

B. No Legal or Financial Advice

While we may discuss legal or financial concepts like DBA formation, LLCs, business structure, and financial planning, we are not attorneys, CPAs, or licensed financial advisors. You should consult with licensed professionals in your jurisdiction regarding legal, tax, and financial compliance matters.

C. "AS-IS" Provision

All products, services, and content are provided "AS-IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Error-free or uninterrupted service

  • Accuracy or completeness of content

D. Code and Technical Deliverables

While we diligently test and verify all code and technical deliverables, we do not warrant that code will be completely error-free or compatible with all systems and configurations. Client is responsible for testing all deliverables in their specific environment before deployment.

E. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • Imaginarii shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our website, products, or services

  • Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by you for the specific product or service giving rise to the claim

  • We are not liable for any loss of profits, revenue, data, or business opportunities

F. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party services is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Imaginarii, its owner, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of our products, services, or content

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Any illegal or harmful use of deliverables we provide to you

  • Any content you submit through our website

This indemnification obligation survives termination of your use of our services.

9. FORCE MAJEURE

Imaginarii shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, pandemics

  • War, terrorism, civil unrest

  • Government actions or regulations

  • Internet or telecommunications failures

  • Third-party platform outages

  • Labor disputes

In such events, performance will be excused for the duration of the circumstance, and we will make reasonable efforts to resume performance as soon as practicable.

10. GOVERNING LAW & DISPUTE RESOLUTION

A. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

B. Jurisdiction

Any disputes arising from these Terms or your use of our services shall be resolved in the courts located in Fresno County, California. You consent to the personal jurisdiction of these courts.

C. Informal Resolution

Before filing any legal action, you agree to attempt to resolve the dispute informally by contacting us with a written description of the issue. We will attempt to resolve the matter within 30 days.

11. MISCELLANEOUS

A. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Imaginarii regarding our services.

B. 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.

C. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

D. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms at any time without notice.

E. Changes to Terms

As Imaginarii expands and evolves, we reserve the right to update these Terms. We will notify users of material changes via email (if we have your email) or by posting a notice on our website. Continued use of our services after changes constitutes acceptance of the updated Terms. The "Last Updated" date at the top of this document indicates when changes were last made.

F. Contact Information

For questions about these Terms of Service, please contact us at:

Imaginarii
Brian McGauley, Owner
Fresno, California
support@imagi-narii.com
imagi-narii.com

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.