Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING MAGING SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Definitions and Services

These Terms of Service ("Terms") govern your use of the websites maging.io and ai.maging.io, along with all related services, applications, features, and content provided by Maging ("Company," "we," "us," or "our"). The "Services" include our AI-powered photo generation platform, model training capabilities, image editing tools, and all associated features.

"You," "your," or "User" refers to any individual or entity accessing or using our Services.

2. Acceptance and Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years old or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into this agreement
• You are not a politically exposed person (PEP) or subject to sanctions
• You will comply with all applicable laws and regulations

We reserve the right to refuse service to anyone at our sole discretion.

3. User Content and Licensing

3.1 Perpetual License Grant: You hereby grant to Maging and its successors a perpetual, worldwide, non-exclusive, sublicensable, transferable, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and create derivative works from any and all content you upload, including but not limited to:

• Photographs and images
• Text prompts and descriptions
• Generated content and outputs
• Metadata and associated information

3.2 AI Training Rights: This license specifically includes the right to use your content to train, improve, and develop artificial intelligence models, algorithms, and systems. You acknowledge and agree that your content may be used to enhance our AI capabilities for the benefit of all users.

3.3 License Survival: This license survives termination of your account or these Terms for any reason and remains in effect indefinitely.

3.4 Your Warranties: You represent and warrant that:

• You own or have the necessary rights to all content you upload
• You have obtained explicit written consent from any person whose likeness appears in uploaded content
• All individuals in uploaded content are 18 years or older
• Your content does not violate any third-party rights
• You have the authority to grant the above license

4. Prohibited Uses and Content

You agree NOT to use our Services to:

• Upload, generate, or distribute content featuring minors (under 18)
• Create nude, pornographic, or sexually explicit content
• Generate deepfakes intended to deceive, defraud, or mislead
• Impersonate real individuals without explicit consent
• Create content that is illegal, harmful, defamatory, or violates third-party rights
• Engage in harassment, abuse, or discriminatory behavior
• Distribute malware, viruses, or harmful code
• Violate any applicable laws or regulations
• Interfere with or disrupt our Services
• Attempt to reverse engineer our AI models or algorithms
• Use outputs to develop competing AI services or models
• Create content for political manipulation or disinformation campaigns
• Generate content involving violence, hate speech, or weapons development
• Export or re-export our Services in violation of applicable export control laws

5. Third-Party Services and AI Disclosure Requirements

5.1 Third-Party Dependencies: Our AI generation capabilities depend on third-party service providers. By using our Services, you acknowledge and agree that:

• Your content may be processed by third-party AI infrastructure providers
• You must comply with all applicable third-party service terms and restrictions
• We may be required to enforce additional restrictions based on our service providers' requirements
• Service availability may be affected by third-party service limitations

5.2 AI Disclosure Requirements: When sharing, distributing, or using AI-generated content from our Services, you agree to:

• Clearly disclose that content was generated using artificial intelligence
• Not present AI-generated content as authentic photographs or real events
• Include appropriate disclaimers when required by applicable laws
• Respect platform-specific requirements for AI content disclosure

5.3 Export Control Compliance: You represent and warrant that:

• You will comply with all applicable export control laws and regulations
• You are not located in a country subject to comprehensive sanctions
• You are not listed on any government restricted parties list
• You will not use our Services for any prohibited end-use under export regulations

6. User Responsibility and Indemnification

6.1 Full Responsibility: You acknowledge and agree that you bear complete responsibility for:

• All content you upload, generate, or distribute using our Services
• Obtaining all necessary consents and permissions
• Compliance with all applicable laws and regulations
• Any consequences arising from your use of our Services

6.2 Indemnification: You agree to defend, indemnify, and hold harmless Maging, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or generate
• Any disputes with other users

7. Data Protection and Privacy (GDPR Compliance)

7.1 Lawful Basis for Processing: We process your personal data based on:

• Performance of our contract with you (providing Services)
• Legitimate interests (service improvement, security, fraud prevention)
• Your explicit consent (where applicable)
• Legal obligations (compliance with law)

7.2 Your Rights Under GDPR: If you are in the EU/EEA, you have the right to:

• Access your personal data
• Rectify inaccurate data
• Request erasure (with limitations for AI training data)
• Restrict processing
• Data portability
• Object to processing
• Withdraw consent
• Lodge a complaint with supervisory authorities

7.3 Data Retention: We retain data for as long as necessary to provide Services, comply with legal obligations, and for AI model training purposes.

8. Payment Terms and Refunds

8.1 No Refunds: Due to the immediate nature of our digital services and high computational costs, all payments are final and non-refundable. By purchasing our Services, you explicitly waive any right of withdrawal under consumer protection laws.

8.2 Subscription Terms: Subscriptions automatically renew unless cancelled before the renewal date. You can cancel through your account settings.

8.3 Price Changes: We reserve the right to modify pricing at any time. Changes apply to future billing cycles only.

9. Intellectual Property

9.1 Maging IP: Our Services, including AI models, algorithms, software, and trademarks, are protected by intellectual property laws and remain our exclusive property.

9.2 Generated Content: Subject to our license rights above, you retain ownership of content you generate using our Services, but acknowledge our perpetual rights to use such content.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer: Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGING'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED:

• 100€ (one hundred euros), OR
• The total amount you paid to us in the 12 months preceding the claim,
• WHICHEVER IS LOWER

10.3 Exclusion of Damages: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

11. Service Modifications and Termination

11.1 Our Rights: We reserve the right to:

• Modify, suspend, or discontinue any aspect of our Services
• Terminate or suspend your account for any reason
• Remove content that violates these Terms
• Update these Terms at any time

11.2 Effect of Termination: Upon termination, your right to use our Services ceases immediately, but our license to your content survives indefinitely.

12. Dispute Resolution

12.1 EU Users: For users in the EU/EEA, disputes shall be resolved in accordance with applicable consumer protection laws. You may:

• File complaints with relevant consumer protection authorities
• Use alternative dispute resolution platforms
• Pursue resolution in courts of competent jurisdiction

12.2 Governing Law: These Terms are governed by the laws of Croatia, without regard to conflict of law principles.

13. General Provisions

13.1 Entire Agreement: These Terms constitute the entire agreement between you and Maging.

13.2 Severability: If any provision is deemed invalid, the remaining provisions remain in full force.

13.3 Assignment: You may not assign these Terms. We may assign our rights and obligations.

13.4 Contact: For questions about these Terms, contact us at [email protected].

14. Changes to Terms

We may update these Terms at any time. Continued use of our Services after changes constitutes acceptance of the new Terms. For material changes, we will provide 30 days' notice to EU users.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.