Terms & Conditions (EULA)

Owner/Operator (Controller): Pyxel Bytes (sole proprietor Biel Carpi)
Address: Avinguda de les Nacions Unides 40, Escaldes-Engordany, Andorra
Contact: legal@magiqapp.com
Privacy Policy: https://magiqapp.com/privacy
Terms URL (this page): https://magiqapp.com/terms

Welcome to Magiq — a prompt-first AI photo editing app and website (the "Service"). By installing, accessing, or using the Service, you agree to these Terms & Conditions (the "Terms"). If you do not agree, do not use the Service.

Brief summary (not legally binding): Magiq edits your photos using AI. Outputs can be imperfect — verify before use. Free tier has limited credits; subscriptions auto-renew until you cancel in your store account. We prohibit illegal/abusive, NSFW, and deceptive uses (e.g., deepfakes without consent). We don't train models on your content. Refunds are handled by Apple/Google per their policies.

1) Eligibility & Accounts

• You must be 13+ (or the minimum age in your region) to use Magiq. If you are below the age of consent for data processing, a parent/guardian must agree.
• You may use the full app without signing in (anonymous mode). Some features may require sign-in via Apple, Google, Facebook, or email OTP.
• One person = one account. Keep your device/credentials secure; you're responsible for account activity.

2) License to Use Magiq (General)

Subject to these Terms, Pyxel Bytes grants you a limited, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control and to access the website for lawful, personal (or internal business) use.

2A) iOS (Apple App Store) Addendum — Apple Minimum Terms

If you obtained Magiq from Apple's App Store, you and Pyxel Bytes acknowledge:

1. Parties. This EULA is between you and Pyxel Bytes, not Apple. Apple is not responsible for Magiq or its content.
2. Scope/Usage Rules. Your license is non-transferable for use on Apple-branded products you own/control, as allowed by the Usage Rules in the Apple Media Services Terms. Family Sharing and volume purchasing may apply.
3. Support. Pyxel Bytes is solely responsible for maintenance and support; Apple has no obligation to provide services for Magiq.
4. Warranty & Refund. To the extent any warranty is not disclaimed, if Magiq fails to conform, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligations; other losses/claims attributable to non-conformity are Pyxel Bytes' responsibility.
5. Product Claims. Pyxel Bytes, not Apple, is responsible for addressing any claims by you or third parties relating to Magiq or possession/use (including product liability, legal/regulatory compliance, and consumer-protection/privacy claims).
6. IP Infringement. If a third party claims Magiq or your use infringes IP rights, Pyxel Bytes is solely responsible for the investigation, defense, settlement, and discharge of the claim.
7. Third-Party Terms. You must comply with applicable third-party terms when using Magiq (e.g., your carrier's terms).
8. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

2B) Android (Google Play) Addendum

If you obtained Magiq from Google Play:

• Google is not a party to these Terms and is not responsible for support or claims.
• Subscriptions, trials, cancellations, and refunds are handled via Google Play's Payments & Subscriptions center under Google's policies.
• You must comply with Google Play Terms of Service and applicable Google policies.

3) The Service (How Magiq Works)

Magiq lets you provide a photo and a prompt to generate edited images.

• Local by default. Your projects/versions are stored on your device; we do not run a public cloud library of your edits. Exports saved to your Photos remain even if you uninstall.
• Processing. We process your input image and prompt to return results. We do not train models on your content. Limited operational logs may be retained as described in our Privacy Policy.
• AI limitations. Outputs are AI-generated and may be inaccurate, biased, offensive, or infringing. Do not use outputs for medical, legal, financial, or safety-critical purposes. Verify outputs before use or sharing. You are solely responsible for your use of outputs.

4) Credits, Subscriptions, Top-Ups & Billing

Credits

• 1 generation = 1 credit (charged on generate).
• Certain options (e.g., Max Quality) may cost 2 credits.

Plans (disclosures; see in-app pricing)

• Free: Limited credits; lower resolution. Free plan exports include a Magiq watermark.
• Plus: Monthly/annual subscription; higher limits/resolution; optional top-ups.
• Pro: Monthly/annual subscription; advanced options; optional top-ups.

Subscription disclosure at purchase.
On the purchase screen, we clearly display: (i) the subscription title, (ii) the subscription term, (iii) the billed amount (shown more prominently than any calculated equivalent), (iv) that the subscription auto-renews until canceled, (v) how to manage/cancel in your App Store or Google Play account before renewal, (vi) any free trial or introductory offer terms and post-trial price, and (vii) tappable links to our Privacy Policy and these Terms.

Top-Ups

• Optional credit packs for subscribers; credits do not expire, have no cash value, and are non-transferable. Availability/pricing may vary by region.

Pricing, Billing, Refunds

• Prices shown in-app; your store shows final local currency.
• Subscriptions auto-renew until canceled in your store account. No prorated refunds for partial periods.
• Refunds are handled by Apple or Google under their policies. Pyxel Bytes does not issue refunds outside the stores unless required by law.
• EEA digital content: By purchasing, you consent to immediate performance and acknowledge you may lose the statutory withdrawal right once delivery begins (without affecting mandatory rights).

5) Acceptable Use & Content Rules

You agree not to use Magiq to:

• Break laws or infringe others' rights (copyright, trademark, privacy, publicity, likeness).
• Generate or share content that is illegal, harassing, hateful, deceptive/defamatory, pornographic/NSFW, or depicts nudity.
• Depict minors in sexual, violent, or harmful contexts.
• Create deepfakes or manipulated media of real people without consent, or otherwise mislead/deceive.
• Upload content you lack rights/consent to use.
• Reverse-engineer, scrape, interfere with, overload, or bypass safety systems, filters, usage caps, or watermarks.

We may remove content, limit features, or suspend/terminate accounts for violations.

6) Your Representations

You confirm that:

• You have the necessary rights/permissions (including likeness/publicity) for content you upload and for your uses of outputs.
• You will verify outputs before relying on or distributing them, especially for commercial/public use.
• You will not use outputs to harm, defraud, or mislead, and will disclose AI-generated nature when required.

7) Ownership & Licenses

Your Content. You retain rights in your inputs. You grant Pyxel Bytes a limited, worldwide, non-exclusive license to process/store/transmit your content to provide the Service and comply with law.

Outputs. Subject to these Terms and third-party rights, Pyxel Bytes assigns to you any rights it may have in outputs generated for you, to the extent permitted by law. You are responsible for obtaining any additional permissions needed to use outputs (e.g., trademarks, designs, locations, likeness).

Magiq IP. The Service (software, UI, brand, docs, and other content excluding your content) is owned by Pyxel Bytes or its licensors. All rights reserved.

8) Privacy

See Privacy Policy at https://magiqapp.com/privacy for what we collect, how we use it, retention, vendors, and your choices. The Privacy Policy is part of these Terms.

9) Third-Party Services

We rely on third-party services (e.g., app stores, hosting, analytics). Their terms and policies apply in addition to ours. We aren't responsible for third-party sites/services outside our control.

10) Takedown & Reporting

Report unlawful/infringing content or outputs to abuse@magiqapp.com (or see /takedown if available). We typically acknowledge within 24 hours and review within 72 hours. Repeated/egregious violations may lead to termination.

11) Feedback

If you send ideas or feedback, you grant Pyxel Bytes a free, irrevocable, worldwide license to use them without restriction or obligation.

12) Suspension & Termination

You may stop using Magiq anytime. We may suspend/terminate access (with/without notice) if you breach these Terms, we suspect abuse/fraud, or continuing service is impractical for legal/security/technical reasons. Sections intended to survive (IP, disclaimers, limitations, indemnity, governing law) survive.

13) Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYXEL BYTES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
AI LIMITATIONS: Outputs may be biased, false, offensive, or infringing. We do not guarantee accuracy or suitability. Do not rely on outputs for professional or safety-critical purposes.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYXEL BYTES (AND ITS OWNER) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, GOODWILL, DATA, OR CONTENT, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) $50 OR (B) THE AMOUNTS YOU PAID TO PYXEL BYTES FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT. Some jurisdictions don't allow certain limits; parts may not apply.

15) Indemnification

You agree to defend, indemnify, and hold harmless Pyxel Bytes from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your content or outputs; (b) your breach of these Terms; or (c) your violation of laws or third-party rights.

16) Force Majeure

Neither party is liable for delays/failures caused by events beyond reasonable control (e.g., internet/provider outages, government action, war, terrorism, labor disputes, disasters).

17) Export & Sanctions

You will comply with applicable export control and sanctions laws and will not use or provide the Service where prohibited.

18) Changes

We may update the Service and these Terms. We'll post changes at magiqapp.com/terms and update the effective date. Material changes will be announced in-app or on our site. Your continued use means you accept the updated Terms.

19) Governing Law & Venue

These Terms are governed by the laws of Andorra, excluding conflict-of-law rules. You and Pyxel Bytes agree to the exclusive jurisdiction of the courts of Escaldes-Engordany, Andorra. Before filing suit, email legal@magiqapp.com to try to resolve informally.

20) Miscellaneous

• Severability. If a provision is unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign in connection with a reorganization, merger, or asset sale.
• Entire Agreement. These Terms + Privacy Policy + applicable app-store terms are the entire agreement regarding the Service.