TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the website, applications, and AI-powered portrait generation services (the “Service”) operated by MagicPortrait (“Company,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms.

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into a binding agreement.

Description of the Service

The Service provides AI-assisted image generation that transforms user-submitted photographs into stylized digital artwork. Depending on your selection, the Service may include digital previews, high-resolution downloads, physical print production, shipping, and optional commercial licensing.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without liability.

Accounts

You may be required to create an account to access certain features. You agree to provide accurate and current information and to maintain the confidentiality of your login credentials. You are responsible for all activity under your account.

We may suspend or terminate accounts that violate these Terms.

User Content

You retain ownership of the images and content you upload (“User Content”). By uploading User Content, you grant us a limited, non-exclusive, worldwide license to process, modify, transform, store, and reproduce your content solely for the purpose of operating, delivering, and improving the Service.

You represent and warrant that you have all necessary rights and permissions to upload the content and that it does not infringe third-party rights or violate applicable law.

We do not claim ownership of your original uploaded images.

Generated Artwork

The generated artwork is an AI-assisted artistic interpretation of your uploaded content. We do not guarantee exact likeness, stylistic accuracy, or specific artistic outcomes.

Subject to compliance with these Terms, you may use generated artwork for personal, non-commercial purposes. Commercial use may require an additional commercial license.

Minor differences in color, proportion, artistic style, or detail do not constitute defects.

Orders and Personalized Products

Physical products are custom-made and personalized based on your selections and approved preview. By placing an order for a personalized physical product, you expressly consent to production beginning immediately upon confirmation.

Pricing, product features, included perks, promotional bonuses, shipping offers, and other offer details may change over time without prior notice. Completed purchases include the benefits shown in the checkout summary at the time the order is placed, and later site changes do not retroactively alter those completed purchases unless we expressly state otherwise.

To the extent permitted by applicable law, including European Union consumer law and U.S. state laws, personalized goods are not eligible for cancellation or return once production has commenced.

Returns or refunds are only available if the delivered product is materially defective, damaged during shipping, or substantially deviates from the approved digital preview. Claims must be submitted within seven days of delivery with photographic evidence.

If you cancel a print order before production begins and none of the included artwork downloads were used, we will issue a full refund. If one or more included artworks were already downloaded, we will refund only the print portion of the order and the digital portion will remain non-refundable.

Digital downloads are non-refundable once delivered, downloaded, or otherwise made accessible.

Payments

Payments are processed through third-party payment providers. By submitting payment information, you authorize the applicable charges. You are responsible for any taxes applicable in your jurisdiction.

We reserve the right to suspend access for failed or reversed payments.

Prohibited Use

You may not use the Service to upload unlawful content, infringe intellectual property rights, exploit minors, reverse engineer our systems, scrape data, overload infrastructure, or engage in fraudulent or abusive conduct.

We may remove content or suspend accounts that violate these Terms.

Service Availability

The Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted access, error-free operation, or specific results. Maintenance, updates, or technical issues may temporarily affect availability.

Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or relating to the Service shall not exceed the amount paid by you to us in the twelve months preceding the claim.

We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of data, revenue, or business opportunity.

Nothing in these Terms limits liability that cannot be excluded under applicable law.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, or expenses arising from your use of the Service, your User Content, or your violation of these Terms.

Dispute Resolution

If you are located in the United States, any dispute shall first be attempted to be resolved informally. If unresolved, disputes shall be resolved through binding arbitration, except where prohibited by law. Class actions are waived to the extent permitted by law.

If you are located in the European Union, nothing in this section limits your right to bring claims before competent courts or consumer authorities as required by applicable law.

Governing Law

These Terms are governed by the laws of The Netherlands, without regard to conflict of law principles. Mandatory consumer protection laws of your country of residence may apply.

Changes to Terms

We may update these Terms periodically. Continued use of the Service after updates constitutes acceptance of the revised Terms.

Contact

MagicPortrait
Email: info@magicportrait.app

By using the Service, you acknowledge that you have read and agree to these Terms.