Terms of Service

1. Acceptance of Terms

By accessing or using MagiMoments, creating an account, uploading content, purchasing a product, or otherwise using the service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the service.

2. Eligibility

MagiMoments is intended only for individuals who are at least eighteen (18) years old and capable of forming a binding contract under applicable law. By using the service, you represent and warrant that you are at least eighteen (18) years old.

MagiMoments is an adult-directed service for parents, guardians, family members, and other authorized adults. The service is not directed to children, and we do not knowingly permit children to create accounts or use the service directly.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current, and complete account information and to update it as needed.

We may suspend or terminate your account if we believe you have violated these Terms, applicable law, or any policy governing the service.

4. Authority to Submit Content Depicting Minors

If you upload, submit, or otherwise provide any photograph, image, likeness, name, story detail, or other content relating to a minor, you represent and warrant that:

• You are the minor's parent or legal guardian, or otherwise have all necessary rights, permissions, and authority to provide that content and authorize MagiMoments to process it;
• Your submission and our processing of that content as contemplated by these Terms and the Privacy Policy do not violate any law or any third party's rights, including privacy, publicity, copyright, or other proprietary rights; and
• All information you provide in connection with the content is accurate and not misleading.

5. Your Content

As between you and MagiMoments, you retain any rights you may have in the photos, text, prompts, and other content you submit to the service ("User Content").

You grant MagiMoments a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, modify, transform, adapt, transmit, display, and otherwise process User Content solely as reasonably necessary to:

• Operate, provide, maintain, support, secure, and improve the service;
• Generate the personalized outputs you request;
• Perform quality assurance, customer support, fraud prevention, security monitoring, debugging, backup, and legal compliance; and
• Create, fulfill, and deliver requested digital or physical products.

For clarity, our use of User Content to "improve the service" does not include using original uploaded family photos or Generated Outputs stored in your account to train general-purpose AI models.

6. Processing of Uploaded Photos

You acknowledge and agree that, in order to generate personalized outputs, MagiMoments may temporarily collect and process uploaded photos, including photos depicting minors.

MagiMoments does not retain original uploaded photos after processing is complete, except to the limited extent reasonably necessary for short-term technical processing, caching, security, fraud prevention, debugging, backup, customer support, legal compliance, or enforcement of these Terms.

7. Generated Outputs

The stories, books, illustrations, pages, covers, and related outputs generated through the service ("Generated Outputs") may be stored in your account so that you can later access, review, re-download, manage, reorder, or delete them, subject to our retention practices.

Subject to your compliance with these Terms and payment of applicable fees, MagiMoments grants you a personal, non-exclusive, non-transferable license to use Generated Outputs created for your account for your personal and non-commercial purposes, including sharing with family and friends.

Except as expressly stated, no rights are granted to you in the service, software, workflows, prompts, models, or other MagiMoments intellectual property.

8. Prohibited Content and Conduct

You may not upload, request, generate, or distribute content that:

• Depicts child sexual abuse material, exploitative content involving minors, or unlawful sexualized content;
• Infringes any third party's rights, including privacy, publicity, or intellectual property rights;
• Depicts any person without required authorization;
• Is fraudulent, defamatory, harassing, hateful, threatening, or otherwise unlawful;
• Is intended to create deceptive, intimate, explicit, or harmful depictions of a real person; or
• Violates these Terms, our policies, or applicable law.

We may refuse to process, remove, block, report, or preserve content in our sole discretion where we believe it may violate these Terms or applicable law.

9. AI and Image Processing Disclosures

MagiMoments uses automated tools, including AI systems, to help generate personalized content from user submissions.

MagiMoments does not use uploaded photos for face recognition or identity verification and does not create biometric profiles from uploaded photos.

We do NOT use original uploaded family photos or Generated Outputs stored in your account to train general-purpose AI models.

We use third-party AI service providers to generate personalized content on your behalf. These providers' applicable terms generally provide that data submitted through their enterprise or API services is not used to train their models by default, and we configure and use these providers in a manner consistent with those terms and intended to limit use of your content to providing the requested service. These providers may retain content for a limited period for abuse monitoring, security, and legal compliance purposes in accordance with their policies.

10. Payments, Orders, and Refunds

Fees for digital products, printed books, shipping, and related offerings will be disclosed at checkout. By placing an order, you authorize MagiMoments and its payment processors to charge the applicable amounts.

If we offer any subscription or recurring-charge product, the applicable billing frequency, renewal terms, and cancellation instructions will be disclosed at the point of sale and you will have the ability to cancel future renewals in accordance with applicable law.

Except where prohibited by applicable law or expressly stated at purchase, all sales are final once digital content has been delivered or a physical order has entered production.

11. Deletion

You may request deletion of Generated Outputs or your account through in-product controls or by contacting privacy@magimoments.com, as further described in the Privacy Policy.

Some information may persist for a limited period in backups, logs, fraud-prevention systems, or legal hold systems, or where required by law.

12. Intellectual Property

The service, including its software, designs, logos, workflows, features, and all related intellectual property, is owned by MagiMoments or its licensors and is protected by applicable law.

13. Disclaimer of Warranties

The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, MagiMoments disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that the service will be uninterrupted, error-free, or fully secure.

14. Limitation of Liability

To the maximum extent permitted by law, MagiMoments and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities arising out of or related to the service.

To the maximum extent permitted by law, the aggregate liability of MagiMoments for all claims arising out of or relating to the service will not exceed the greater of:

• (a) the amount you paid to MagiMoments in the twelve (12) months preceding the event giving rise to the claim, or
• (b) one hundred U.S. dollars (US $100).

15. Indemnification

You agree to defend, indemnify, and hold harmless MagiMoments and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your User Content;
• Your breach of these Terms;
• Your violation of any law or third-party right; or
• Your lack of authority to submit content depicting another person, including a minor.

16. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the service will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Export Controls and Sanctions

You represent that you are not located in, and will not access the service from, any country or region subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from transacting under applicable export control or sanctions laws.

18. Changes to Terms

We may update these Terms from time to time. Updated Terms will become effective when posted or as otherwise stated. Your continued use of the service after the effective date constitutes acceptance of the updated Terms.