Terms of Service

The terms and conditions governing the use of our services

2025/09/08

Terms of Service

Effective Date: September 8, 2025

These Terms of Service ("Terms") constitute a binding legal agreement between you or the entity you represent ("User," "you," or "your") and magics-photo ("we," "our," or "Company"). These Terms govern your access to and use of our website at https://magicsphoto.com and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Service Description

magics-photo provides artificial intelligence-powered photo editing and layout services, including but not limited to:

  • AI-driven automatic photo arrangement and layout
  • Intelligent photo cropping and optimization
  • Photo templates and design tools
  • Related technical support and customer service

2. Account Registration and Use

2.1 Account Creation

  • You must provide true, accurate, complete, and up-to-date information
  • You must be at least 18 years old or have full legal capacity
  • You are responsible for maintaining the accuracy and security of your account information
  • Each user may only create one account

2.2 Account Security

  • You are responsible for protecting your login credentials
  • You must immediately notify us of any unauthorized account use
  • You are responsible for all activities under your account

3. Acceptable Use Policy

3.1 Permitted Use

You may use our Services for lawful commercial and personal purposes, including:

  • Editing and optimizing photos you own or have the right to use
  • Creating photo layouts for personal or commercial use
  • Sharing and distributing content you create, subject to compliance with these Terms

3.2 Prohibited Use

You may not use our Services for the following activities:

Illegal Activities:

  • Violating any applicable laws or regulations
  • Infringing on others' intellectual property rights
  • Distributing illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content

Technical Abuse:

  • Attempting unauthorized access to our systems or networks
  • Using automated tools or bots to access the Services
  • Reverse engineering, decompiling, or disassembling
  • Distributing malware, viruses, or other harmful code

Commercial Abuse:

  • Reselling or redistributing our Services
  • Using the Services to compete with our business
  • Unauthorized use of our trademarks, copyrights, or other intellectual property

4. Subscriptions and Payment

4.1 Subscription Plans

We offer various subscription plans, including:

  • Free trial periods
  • Monthly subscriptions
  • Annual subscriptions
  • Lifetime access plans

4.2 Billing and Payment

  • Subscription fees are charged at the beginning of each billing cycle
  • All fees are calculated in USD, excluding taxes
  • We accept credit cards, PayPal, and other designated payment methods
  • You authorize us to automatically renew your subscription unless you cancel

4.3 Free Trial

  • New users may receive a limited-time free trial
  • The trial will automatically convert to a paid subscription after the trial period
  • You may cancel at any time during the trial to avoid charges

4.4 Cancellation and Refunds

  • You may cancel your subscription at any time through your account settings
  • After cancellation, you may continue using the Services until the end of the current billing cycle
  • Refund requests must be submitted within 30 days of purchase
  • Due to the nature of digital services, we generally do not provide refunds unless required by law
  • All refunds are processed through our payment processor Creem according to their refund policy
  • For refund requests, contact us at luckyman8@icloud.com with your order details

5. Intellectual Property

5.1 Our Intellectual Property

  • The Services and all content, features, and technology are protected by copyright, trademark, and other intellectual property laws
  • You may not copy, modify, distribute, or create derivative works of our Services
  • magics-photo and related trademarks are our property

5.2 Your Content

  • You retain all rights to photos you upload
  • You grant us a limited license to use your content to provide the Services
  • You warrant that you have the right to use and upload your content

5.3 Generated Content

  • Content generated using our AI tools belongs to you
  • You may freely use generated content subject to compliance with these Terms
  • We do not guarantee the accuracy or suitability of generated content

6. Privacy and Data Protection

6.1 Data Collection

We collect, use, and protect your information in accordance with our Privacy Policy. Please review our Privacy Policy for detailed information.

6.2 Data Security

  • We implement reasonable security measures to protect your data
  • We do not sell your personal information to third parties
  • We may use your data to improve our Services

7. Service Availability

7.1 Service Interruptions

  • We strive to maintain high service availability but do not guarantee 100% uptime
  • We may temporarily interrupt the Services for maintenance, updates, or technical issues
  • We will provide advance notice of planned service interruptions when possible

7.2 Service Changes

  • We reserve the right to modify, suspend, or terminate the Services at any time
  • We may add new features or remove existing features
  • Significant changes will be communicated to you via email or website notification

8. Disclaimers

8.1 Service Provision

  • The Services are provided "as is" without any express or implied warranties
  • We do not guarantee that the Services will meet your needs or expectations
  • We do not guarantee that the Services will be error-free, uninterrupted, or secure

8.2 Third-Party Content

  • The Services may contain third-party content or links
  • We do not control third-party content and are not responsible for its accuracy or availability
  • You use third-party content at your own risk

9. Limitation of Liability

9.1 Damage Limitation

To the maximum extent permitted by law, our total liability shall not exceed the amount you have paid us in the past 12 months.

9.2 Disclaimer

We shall not be liable for the following damages:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data loss, or business interruption
  • Any damages arising from the use or inability to use the Services

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

  • Your violation of these Terms
  • Your infringement of others' rights
  • Your use of the Services

11. Termination

11.1 Your Right to Terminate

You may cancel your account at any time through your account settings or by contacting us.

11.2 Our Right to Terminate

We may terminate or suspend your account for the following reasons:

  • Violation of these Terms
  • Extended inactivity
  • Legal requirements
  • Other reasonable causes

11.3 Effect of Termination

  • After termination, you will lose access to the Services
  • We may delete your account and data
  • Certain terms will remain in effect after termination

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

12.2 Dispute Resolution Process

  • We encourage resolving disputes through friendly negotiation
  • If negotiation fails, disputes shall be submitted to the competent courts in our jurisdiction

13. General Terms

13.1 Terms Modification

  • We may modify these Terms at any time
  • Significant modifications will be communicated to you via email or website notification
  • Continued use of the Services indicates your acceptance of the modified Terms

13.2 Severability

If any part of these Terms is deemed invalid or unenforceable, the remaining parts will remain in effect.

13.3 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Services.

13.4 Contact Information

If you have any questions about these Terms, please contact us through:

Last Updated: September 8, 2025