Last updated: June 26, 2024
Welcome to MagicApp!
These Terms of Use govern your access to and use of the App. By accessing or using the App, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not access or use the App.
These Terms of Use govern your access to and use of the App. By accessing or using the App, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not access or use the App.
App allows users to generate different content using AI technologies from Third-Party AI Tools. Our goal is to provide a creative platform where users can explore and produce unique digital content effortlessly.
Please read these Terms of Use carefully before you start to use the App. They include important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
If you have any questions about these Terms of Use, please contact us at support@magicapp.co.
We hope you enjoy using our App to create amazing content!
For the purposes of these Terms of Use:
2.1. Ownership of the App. We, along with our licensors where applicable, retain all rights to the App, including all modifications, additions, and versions, as well as the text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content, and their components, excluding User Content. All trademarks, service marks, and trade names associated with the App are owned, registered, and/or licensed by us and our licensors.
2.2. Use Conditions. Subject to compliance with these Terms of Use, you are granted the right to use the App in accordance with the terms outlined herein.
2.3. Prohibited Use. During your use of the App, you shall refrain from:
2.4. Age Restrictions. You shall be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.
2.5. Use of Third-Party AI Tools. When using Third-Party AI Tools integrated into the App, you agree to comply with any terms and conditions set forth by these Third-Party AI Tools. We are not responsible for any issues arising from the use of Third-Party AI Tools.
3.1. Accuracy of Information. When creating an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of this information throughout your use of the App.
3.2. Account Security. You are responsible for safeguarding the password and other credentials you use to access the App. You agree to notify us immediately of any unauthorized use of your Account or any other security breach.
3.3. Account Deletion. You have the right to delete your Account at any time. However, please be aware that this action is irreversible. Upon deleting your Account, your data will be permanently erased from our systems. We do not retain any backups or archives of deleted Account data.
4.1. Subscription Fee. The subscription fee, payable for a set period specified in the App, provides access to premium features, ad-free experience, and exclusive discounts on select features. We reserve the right to modify the subscription fee at our sole discretion. Any changes to the subscription fee will become effective from the following subscription period. You will receive a reasonable prior notice of any fee changes. If you do not agree to the new fee, you can cancel your subscription, and it will expire at the end of the current subscription period.
4.2. Payment Processors. All financial transactions related to the subscription will be processed by the respective app store (e.g., App Store, Google Play) or third-party payment provider in accordance with their terms of use, privacy policy, and applicable payment terms. Please familiarize yourself with the practices of these payment processors. We are not responsible for the actions or inactions of any payment processor. For any payment-related issues regarding the subscription, please contact the payment processor directly.
4.3. Renewal. Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew for another subscription period. You will be notified of the upcoming renewal and the applicable fee. Please note that once your subscription renews, the subscription fee for the renewal period is non-refundable, except as required by law. If you choose to cancel your subscription, it will remain active until the end of the current subscription period, and you will not be charged for the subsequent renewal period.
4.4. No refund. Except when required by law, paid subscription fees are non-refundable.
4.5. Representations. By purchasing a subscription, you confirm that you have all necessary permissions to make the purchase.
5.1. General Disclaimer. You are solely responsible for any User Content you create using the App, including ensuring that it complies with all applicable laws and regulations. We disclaim any liability for any claims, damages, or losses resulting from User Content you create or distribute using the App.
5.2. Ownership of User Content. To the extent allowed by law and as between you and us, you retain ownership of your User Content. We do not claim any ownership rights in your User Content. Please also consider the terms of the Third-Party AI Tools that are used to generate your User Content which may change from time to time.
5.3. Use of User Content. To the extent permitted by applicable law and the terms of the applicable Third-Party AI Tool, you may use User Content generated through the App for any purpose, including for commercial purposes.
5.4. User Content License. By submitting your User Content, you grant us a license (sublicensable, transferable, worldwide, perpetual, royalty-free) to use, copy, modify, exploit, create derivative works from, incorporate into other works, reformat, publicly display, and perform your User Content for the purpose of operating, promoting, and improving our services.
5.5. Third-Parties Rights. The App may generate User Content that resembles existing works or infringes upon third-party intellectual property rights. We do not assume any responsibility for any infringement or alleged infringement of intellectual property rights arising from your User Content. It is your responsibility to ensure that any User Content does not violate any intellectual property laws.
5.6. Restrictions. When uploading your User Content, you shall not upload any materials that:
5.7. Monitoring. We reserve the right, but are not obligated, to monitor and review any User Content. We may remove or disable access to any User Content that violates these Terms or applicable laws, or is otherwise objectionable.
6.1. Warranty Disclaimer. The App and Third-Party AI Tools are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. We make no representations or warranties, express or implied, regarding the accuracy, reliability, or suitability of the App or Third-Party AI Tools for any particular purpose. We do not guarantee that the App or Third-Party AI Tools will meet your requirements, operate uninterrupted, be timely, secure, or error-free. Any reliance on the App or Third-Party AI Tools and their content is at your own risk.
6.2. Modification and Discontinuation. We reserve the right to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
You agree to indemnify, defend, and hold harmless us, our authorized officers, directors, employees, agents, partners, licensors, resellers, successors, and assigns from and against any third-party claim arising from or related to your breach of these Terms of Use or Privacy Policy, or your use of the App and/or Third-Party AI Tools in violation of applicable laws, rules, or regulations. This includes all liabilities, expenses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees of any kind and nature.
8.1. General Limitation. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from:
8.2. Cap on Liability. If the limitation of liability provision under applicable law is held invalid, our cumulative liability for all claims arising from or relating to your use of the App and/or Third-Party AI Tools shall be capped at a maximum of €100.00 (one hundred euros).
8.3. Force Majeure. We shall not be liable or responsible for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, war, terrorism, riot, internet connection degradation, strikes, labor stoppages, governmental action, or shortages of power or telecommunications.
We reserve the right to modify, update, or change these Terms of Use at any time. If we make significant changes, we will provide notice through our App or by other means, such as email. It is your responsibility to review these Terms of Use periodically to stay informed about any updates. Your continued use of the App after any changes to these Terms of Use indicates your acceptance of the updated terms. If you do not agree to the modified terms, you shall stop using the App immediately. The date of the latest revision will be indicated at the top of this page.
10.1. Termination by Cause. We reserve the right to immediately terminate or suspend your right to use the App if we have reasonable grounds to believe that you are in breach of these Terms of Use, our Privacy Policy, or applicable laws. This termination may occur without prior notice to you and with no refund.
10.2. Termination for Other Reasons. We may also terminate or suspend your right to use the App for any other reason, with or without notice to you. In such cases, an applicable refund may be provided.
10.3. Effect of Termination. Upon termination of your right to use the App, you shall cease using the App.
11.1. Applicable law. Any legal action arising from or relating to these Terms of Use shall be exclusively governed by the laws of the State of Delaware, USA.
11.2. Dispute resolution. Efforts will be made to resolve all disputes, controversies, and claims arising in connection with the execution, termination, or invalidation of these Terms of Use through negotiations. If a dispute or claim cannot be resolved through negotiations, the side with any claims and/or disagreements shall notify the other side in writing. If the dispute or claim remains unresolved, it shall be submitted to the courts of the State of Delaware for resolution.
12.1. Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable.
12.2. Entire Agreement. These Terms of Use constitute the final, complete, and exclusive agreement between you and us regarding the subject matter herein. They supersede and merge all prior discussions and agreements between the parties, including any prior Terms of Use.
12.3. No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
12.4. Titles and Interpretation. The titles of clauses in these Terms of Use are for convenience only and have no legal or contractual effect. The term "including" means “including without limitation.”
12.5. Assignment. You may not assign these Terms of Use or your rights and obligations herein without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign these Terms of Use without your consent. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
For user support and inquiries regarding these Terms of Use, please contact us via support@magicapp.co.