Terms of Service

TERMS OF SERVICE

Last Updated: October 9th, 2024

1. Acceptance of these Terms of Service

By accessing or using the MagicEdit website(s) at https://magicedit.app/ or any other websites under MagicEdit that may be added over time (collectively referred to as "MagicEdit"), as well as any MagicEdit products and services provided through the MagicEdit website(s), related mobile applications, or future products and services (collectively the "Services"), you agree (on behalf of yourself or the entity you represent) to the terms and conditions ("Terms of Service") outlined here, as well as to MagicEdit’s Privacy Policy, Cookie Policy, and License and Services Agreement, all of which are incorporated by reference.

If you do not agree with any part of these Terms of Service, please refrain from accessing or using the Services. You must be at least sixteen (16) years old to use or access the Services. If you are under sixteen (16), your access must be directly supervised by a parent, guardian, or another authorized adult (such as a teacher) who agrees to comply with this Agreement. Any unsupervised access or use of the Services by individuals under sixteen (16) is strictly prohibited and violates this Agreement.

MagicEdit reserves the right to modify or update these Terms of Service at any time, and by continuing to use the Services, you accept these modifications or updates. These Terms of Service do not grant any rights or benefits to third parties.

2. Services

These Terms of Service establish the legally binding terms and conditions applicable to all users of the Services, including those who contribute content to the Services.

3. Accounts

To access certain features of the Services, you must create an account ("Account") and provide complete and accurate information. You confirm that (a) all information you submit is truthful and correct; and (b) you will keep this information up to date. You are solely responsible for all activity on your Account and must keep your password secure. If you become aware of any unauthorized access to your Account or any security breach, you must promptly notify MagicEdit. MagicEdit is not liable for any loss or damage resulting from unauthorized Account use, and you may be held responsible for any resulting losses to MagicEdit.

You may delete your Account at any time, for any reason, by following the instructions on the Service. MagicEdit reserves the right to terminate your Account if you violate these Terms of Service.

4. Access to the Services

MagicEdit grants you a non-transferable, non-exclusive, revocable, and limited license to access and use the Services, provided that:

  1. You may not license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit any part of the Services or any content displayed on them without prior written authorization from MagicEdit;
  2. You may not modify or alter any part of the Services;
  3. You may only access the Services through the technology provided on the platform or other authorized methods designated by MagicEdit;
  4. You may not sell access to the Services, or sell advertising, sponsorships, or promotions within the Services or the content on the Services without MagicEdit’s prior written approval.

MagicEdit reserves the right to modify, suspend, or discontinue the Services at any time, with or without notice. You agree that MagicEdit is not liable to you or any third party for any modifications, suspension, or discontinuation of the Services. You also agree that MagicEdit has no obligation to provide support or maintenance for the Services.

Unless otherwise specified, any future releases, updates, or added features to the Services will be governed by these Terms of Service.

You agree not to use or launch any automated systems, including but not limited to "robots," "spiders," or "offline readers" that access the Services in ways beyond human capability. You agree not to collect or extract any personally identifiable information, such as account names, from the Services, or to use the Services’ communication systems for solicitation purposes. Additionally, you agree not to solicit other users of the Services for commercial purposes regarding their content on the platform.

5. Subscription

Certain Services may occasionally be offered to you at no cost. However, other Services will require payment before you can access them. You can access the Services after successfully subscribing to a specific subscription plan ("Paid Services"), which entails payment of fees determined by MagicEdit from time to time ("Fee"). Payments can be made via credit card or other methods accepted by MagicEdit ("Payment Method"). MagicEdit reserves the right to introduce additional Paid Services at its discretion. All Fees are quoted in United States Dollars (USD) unless stated otherwise by MagicEdit, and the Fee does not include any taxes, which are your responsibility.

Subscriptions for Paid Services are set to auto-renew, meaning they will automatically renew at the end of the subscription period (monthly or annually) that corresponds to your subscription.

If we provide you with a promotional offer (such as a discounted price) for your subscription to Paid Services, the specific details of the promotion will be shared with you during the sign-up process or in other materials related to the promotion. After the promotional period ends, we will start charging you the regular price unless you cancel before the promotion concludes or unless otherwise stated in communications provided to you.

We maintain the right to change, modify, or adjust the price, package, and/or features of the Paid Services subscription plans at any time, with or without notice to you.

While we will make reasonable efforts to ensure that the pricing and information about our Services are accurate, there may be instances of genuine errors leading to inaccuracies or incorrect pricing. In such cases, we reserve the right to take any necessary actions to correct the errors.

6. Cancellation of Subscription and Account Deletion

  1. Cancellation of Subscription

    2. You can cancel your subscription to the Paid Services at any time, and you will retain access to the Paid Services until the end of your billing cycle. To the extent allowed by applicable law, payments are non-refundable, and we do not issue refunds for any unused Paid Services.

    To cancel your subscription, simply navigate to "My Account" and follow the provided instructions.

  2. Account Deletion

    3. You can delete your account by reaching out to us at support@magiceditapp.com.

    When you close your account and request data deletion, we will make every reasonable effort to remove all data associated with your account. However, we reserve the right to retain any data required by applicable laws.

    After you cancel or discontinue your subscription and account, you may still use any work that you produced, created, or reproduced using the Services up to the date of cancellation or discontinuation. This usage must always comply with these Terms of Service, the Licensing Agreement, and any other relevant licensing agreements we may impose from time to time.

7. Ownership

You recognize that all trademarks, service marks, copyrights, and logos ("Marks") on the Services are either owned by MagicEdit or licensed to it. These Terms of Service, as well as your access to the Services, do not grant you or any third party any rights, title, or interest in these Marks, unless explicitly stated otherwise in these Terms of Service.

8. Your Content

“Your Content” refers to all information and content you submit or utilize within the Services (including any content on your profile or posts) as well as any derivative works created through your use of the Services.

As the account holder, you have the right to submit your Content to the Services. You bear full responsibility for your Content and assume all risks associated with its use, including any reliance by others on its accuracy, completeness, or usefulness, and any disclosure of your Content that may identify you or any third party.

You affirm, represent, and warrant that you own or possess the necessary licenses, rights, consents, and permissions to use your Content. You hereby grant MagicEdit an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works, and otherwise exploit your Content, as well as to grant sub-licenses for these rights. You also irrevocably waive any claims or assertions of moral rights or attribution concerning your Content.

You agree that we may retain your Content for a reasonable period for purposes including: (i) improving or enhancing MagicEdit products and services; (ii) analyzing and measuring the effectiveness of MagicEdit products and services (including our mobile applications); (iii) fulfilling contractual obligations; and (iv) complying with legal obligations.

Additionally, you agree that MagicEdit is not responsible for the accuracy, timeliness, suitability, or quality of any user Content, whether provided by you or other users. Any interactions between users are solely their responsibility, and MagicEdit will not be liable for any losses or damages resulting from such interactions.

9. Third Party Links and Advertisements

The Services may include links to third-party websites and advertisements for third parties. These websites and ads are not owned or controlled by MagicEdit, which does not take responsibility for their content, privacy policies, or practices. Additionally, MagicEdit cannot censor or edit the content of any third-party websites or advertisements. By using the Services, you acknowledge and agree that MagicEdit is not liable for your use of any third-party websites or advertisements. Your use of these third-party sites and ads is at your own risk, and you should exercise appropriate caution and discretion. When you click on any third-party website or advertisement, the terms and policies of that third party apply, including their privacy and data collection practices. You should conduct any necessary investigations before proceeding with any third-party websites or advertisements.

Regarding the use of artificial intelligence systems ("AI"), you understand and acknowledge that similar or identical creations may be generated by others using their own prompts, and you also understand that all AI-generated creations are fictional and are not intended to be related to any real person.

11. DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Service, you may notify our copyright agent as outlined in the Digital Millennium Copyright Act of 1998 (DMCA). To be effective under the DMCA, your notice of claimed infringement must be a written communication sent to MagicEdit's designated agent that includes the following information:

10. Intellectual Property Rights

You also agree that you are receiving only a limited license to use and access the Service as specified in these Terms of Service, and that no ownership rights are being transferred to you. MagicEdit retains all rights, titles, and interests (including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights) related to the Services, along with any associated technology and documentation, as well as any derivative works or modifications. Furthermore, you agree that the Services are provided as an online, hosted solution, and you have no right to obtain a copy of any underlying code. You may submit comments, questions, suggestions, or other feedback related to MagicEdit ("Feedback"), and you agree that MagicEdit may freely use, copy, disclose, create derivative works from, publicly perform or display, distribute, and exploit any Feedback, bug reports, or suggestions you provide regarding the Services without any obligation, royalties, or restrictions based on intellectual property rights or otherwise.

  1. A physical or electronic signature of someone authorized to act on behalf of the copyright owner whose rights are allegedly infringed.
  2. Identification of the copyrighted work claimed to be infringed, or if multiple works are involved, a representative list of those works available on the Service.
  3. Identification of the material claimed to be infringing, along with information that sufficiently allows MagicEdit to locate the material.
  4. Contact information for the complaining party, such as an address, phone number, and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law.
  6. A statement affirming that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

This information must be submitted as a written notification to the following Designated Agent of MagicEdit at the email address: support@magiceditapp.com.

PLEASE NOTE THAT UNDER FEDERAL LAW, KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING MAY SUBJECT YOU TO SEVERE CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER'S LICENSEE HARMED BY YOUR MISREPRESENTATION. YOU MAY ALSO FACE CRIMINAL PROSECUTION FOR PERJURY.

This information is not intended as legal advice. For more details about the requirements for valid DMCA notifications, refer to 17 U.S.C. 512(c)(3).

NOTE: This information is provided solely for the purpose of notifying MagicEdit that your copyrighted materials may have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse, or third-party piracy reports, will not be addressed through this process.

12. DMCA Counter Notifications

If you genuinely believe that your content was improperly removed due to a copyright complaint, you can send a counter-notification to our Designated Agent, as mentioned in Section 11 above. This counter-notification should include the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that was removed or to which access has been disabled, along with the location where the material appeared before it was removed or access was disabled; providing specific URLs is recommended;
  3. A statement, made under penalty of perjury, asserting that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification;
  4. Your name, address, telephone number, and email address; and
  5. A statement indicating that (i) you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located, or, if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the individual who provided notification of the alleged infringement (or an agent of that individual).

13. Counter Repeat Infringer Policy and Takedown Policy

MagicEdit is dedicated to adhering to the DMCA and expects all users of the Service to do the same. To safeguard the rights of copyright holders, MagicEdit has a repeat infringer policy that may lead to the termination of accounts for users who repeatedly violate the DMCA. This policy is enforced rigorously. A user may be deemed a "repeat infringer" if there are multiple copyright complaints against them within a certain timeframe; however, MagicEdit reserves the right to terminate any user account upon receiving any number of DMCA notifications from content owners. If a user's account is terminated under this policy, they will be notified.

Our Services may utilize AI to create content, and such creations may inadvertently resemble copyrighted material or real individuals. We respect the rights of holders globally. If you believe your copyrighted work or image is being infringed upon in our Service, please submit a takedown notice as outlined in Section 11 above, and we will address your request.

14. Aggregated Anonymous Data

Regardless of any conflicting provisions in this agreement, you acknowledge that MagicEdit is permitted to use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and other data related to the Services. This includes, but is not limited to, utilizing such data for internal business purposes, as well as for enhancing, supporting, and operating the Services or developing additional products and service capabilities.

You also agree that MagicEdit may share aggregate data derived from customer data or other related data with third parties, including information about user interactions with the Service, provided that this aggregate data does not identify individual users and complies with applicable data protection laws. Furthermore, all service data, usage data, and any other non-identifiable user data, along with any data derived from customer data and all reports, derivative works, compilations, modifications, and other materials created by MagicEdit from such data, will be the sole and exclusive property of MagicEdit. You hereby transfer any rights or interests you may have in these items to MagicEdit without any charges or rights to future royalties.

15. Account Termination Policy

Subject to this section, these Terms of Service will remain fully effective while you use the Services. MagicEdit will terminate your access to the Services if you are found to be a repeat infringer under appropriate circumstances.

MagicEdit retains the right to determine whether your content violates these Terms of Service for reasons beyond copyright infringement, including, but not limited to, pornography or obscenity. MagicEdit may, at any time and at its sole discretion, remove such content and/or terminate your account without prior notice for submitting material that violates these Terms of Service.

16. Warranty Disclaimer

ALL MAGICEDIT WEBSITES, CONTENT, TOOLS, AND/OR SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICEDIT, ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES AND YOUR USE OF THEM. MAGICEDIT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE MAGICEDIT WEBSITE OR ON ANY LINKED SITES AND ASSUMES NO LIABILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THERE, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES TRANSMITTED THROUGH OUR SERVICES BY THIRD PARTIES, AND (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. MAGICEDIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND MAGICEDIT WILL NOT BE LIABLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. AS WITH ANY PURCHASE OF PRODUCTS OR SERVICES, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND CAUTION WHERE NECESSARY. THE USE OF AI IS A NEW TECHNOLOGY THAT DOES NOT ALWAYS FUNCTION AS EXPECTED, AND NO GUARANTEES REGARDING THE QUALITY, ACCURACY, SUITABILITY, OR RELIABILITY OF THE RESULTS ARE MADE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND WAIVE AND RELEASE, ANY AND ALL PAST, PRESENT, AND FUTURE DISPUTES, CLAIMS, CONTROVERSIES, DEMANDS, RIGHTS, OBLIGATIONS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY KIND RELATED TO YOUR USE OF THE MAGICEDIT WEBSITE AND/OR SERVICES, AS WELL AS ANY INTERACTIONS OR TRANSACTIONS WITH OTHER USERS.

17. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MagicEdit, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THERE, (IV) ANY INTERRUPTION OR DISRUPTION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES TRANSMITTED THROUGH OUR SERVICES BY THIRD PARTIES, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED FROM USING ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF THE LEGAL THEORY (WARRANTY, CONTRACT, TORT, ETC.) ON WHICH SUCH CLAIM IS BASED, AND EVEN IF MagicEdit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY ACKNOWLEDGE THAT MagicEdit IS NOT LIABLE FOR THE CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY THIRD PARTIES, AND THAT ALL RISK OF HARM OR DAMAGE FROM SUCH MATTERS RESTS ENTIRELY WITH YOU.

18. Indemnity

To the extent allowed by applicable law, you agree to defend, indemnify, and hold MagicEdit, its parent company, officers, directors, employees, and agents harmless from any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (i) your use of and access to the Services; (ii) your breach of any of these Terms of Service; (iii) your infringement of any third-party rights, including but not limited to copyright, property, or privacy rights; (iv) your violation of applicable laws or regulations; or (v) any claim that your content has caused harm to a third party. This obligation to defend and indemnify will survive the termination of these Terms of Service and/or your use of the Services. MagicEdit reserves the right to take control of the defense for any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

19. Assignment

The parties are acting as independent contractors, and no employment, agency, or partnership relationship is formed under these Terms of Service. While you may not transfer or assign any rights and licenses provided under these terms, MagicEdit may do so without limitation.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any dispute, controversy, or claim arising out of or relating to this Agreement, including issues of validity, breach, or termination, shall be resolved by arbitration in California under the rules of an established arbitration service agreed upon by the parties. The arbitration proceedings shall be conducted in English, with a single arbitrator whose decision shall be final and binding on the parties, except in cases of clear error.

21. Entire Terms

These Terms of Service represent the full agreement between you and MagicEdit regarding the subject matter and replace any prior written or verbal agreements between you and MagicEdit. If any part of these Terms is found to be invalid or unenforceable, it will not affect other provisions, and the remainder of these Terms will be modified as needed to remain effective to the fullest extent allowed by law. Neither party’s failure to enforce any part of these Terms will be considered a waiver of future enforcement of that or any other part. The FAQ, tutorials, courses, and all other content provided at https://MagicEdit.app/ are solely for informational purposes and are not part of these Terms of Service.

22. Severability

Except as otherwise specified in these Terms of Service, if any provision is found to be invalid or unenforceable for any reason or to any degree, this will not impact or invalidate the remaining provisions of these Terms, and the affected provision will be applied to the fullest extent allowed by law.

23. Language

These Terms of Service are provided in English, along with a reference translation in another language if needed. If there is any discrepancy in interpretation, the English version will take precedence.

24. Electronic Communications

You agree to communicate with MagicEdit electronically. For contract purposes, you (a) consent to receive communications from MagicEdit in electronic form, and (b) acknowledge that all terms, agreements, notices, disclosures, and other communications provided by MagicEdit electronically meet any legal requirements as if they were provided in writing. This does not impact any rights you cannot waive.