Terms and Conditions

Effective Date: 1 September 2024

Last Updated: 10 November 2024

1. Acceptance of Terms

By accessing or using MagicPhoto Pro or any of its sub-products, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not use our services.

Sub-Product Websites:

• AI Headshots: https://ai-headshots.pro
• AI Baby Photos: https://aibabyphotos.pro
• AI Pet Photos: https://aipetphotos.pro

2. Description of Services

MagicPhoto Pro provides enhanced photo generation services ("Services") by processing photos supplied by users. The Services involve human assistance in enhancing and verifying the photos to deliver high-quality results.

3. Payment Terms

• Payment Processing: All payments are processed securely via Stripe. Users agree to pay the full amount before any Services are rendered.
• Transaction Details: Payments may appear on your statement under the business name "MagicPhoto Pro."

4. User Obligations

4.1 Photo Submission Requirements

• Quality and Format: Users must provide a minimum number of clear, unobstructed photos of the subject. Each photo should be at least 1024px × 1024px and in JPG, PNG, or HEIC format. PDFs or other formats are not accepted.
• Content: Photos should feature only the subject without other individuals to prevent AI processing errors.

4.2 Rights and Permissions

• Ownership Rights: Users represent and warrant that they have all necessary rights and permissions to upload and use the photos provided to us.
• Subject Consent: If the subject of the photos is not the user themselves, the user must have obtained consent from the subject or their legal guardian. This includes photos of pets, babies, family members, friends, clients, or acquaintances.

4.3 Information Accuracy

• Users must provide all necessary and accurate information as requested after purchasing a package. This information is crucial for generating optimal results.
• If incorrect formats or inaccurate information are provided, users agree to respond promptly to our communications to prevent delays.

4.4 Prohibited Uses

• Users agree not to misuse our Services for any unlawful or criminal activities.

• Users agree not to use the Services for prohibited purposes, including but not limited to:

  • Creating or distributing pornography.
  • Engaging in harassment, abuse, or blackmail.
  • Any activity that is illegal, harmful, or violates the rights of others.

5. Discounts and Coupons

• Availability: From time to time, we may offer discounts, coupons, or promotional offers ("Discounts") to our users.
• Usage Terms: Discounts are subject to specific terms and conditions, which may include expiration dates, usage limits, and applicability to certain products or services.
• Non-Transferable: Discounts are non-transferable, non-exchangeable, and have no cash value.
• Limitations: Discounts cannot be combined with other offers or promotions unless explicitly stated.
• Abuse of Discounts: Any misuse of Discounts, including but not limited to duplication, sale, or fraudulent activities, is strictly prohibited and may result in the cancellation of the Discount and termination of your access to our Services.
• Right to Modify: We reserve the right to modify, suspend, or discontinue any Discounts at our sole discretion, at any time, and without prior notice.

6. Delivery of Services

• Timeframe: We strive to deliver the enhanced photos within 2 business days after receiving all required information and photos. Delivery may take up to 7 business days during periods of high demand.
• Photo Quantity: The number of photos delivered depends on the package selected by the user.
• Image Specifications: Generated images will be no smaller than 1024px × 1024px.

7. Satisfaction Guarantee and Refund Policy

• No Refunds: We do not offer refunds for our Services.

• Satisfaction Guarantee: If you are dissatisfied with the results, you may request up to two rounds of free refinements.

  • Procedure: Contact us within 7 days after the delivery of the photos.
  • Requirements: Provide specific details about what was wrong with the photos and why you are dissatisfied.
  • Discretion: We will review your request and, at our discretion, provide the refinement rounds.

8. Data Retention and Deletion

• Retention Period: We will retain your provided photos and generated images for up to 20 business days after delivery. This period may be extended if refinements are requested.
• Data Deletion: After the retention period, all your photos and generated images will be permanently deleted from our systems.
• User Responsibility: You are responsible for downloading and saving your images before they are deleted.

9. Communication

• Contact Methods: Users can contact us via the contact form on any of the sub-product websites or through the MagicPhoto Pro contact button.
• Email Communications: All emails will be sent from the magicphoto.pro domain.

10. Intellectual Property Rights

• User Content License: By providing photos, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify your photos solely for the purpose of delivering the Services.
• Ownership: You retain full ownership of the generated images, including commercial rights. You may use the images for personal and commercial purposes without restriction.

11. Limitation of Liability

To the maximum extent permitted by law, MagicPhoto Pro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, profits, or emotional distress. This limitation applies even if we have been advised of the possibility of such damages.

12. Acceptance of Privacy Policy

By using our Services, you also agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect your personal information.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria (Australia), without regard to its conflict of law provisions.

15. Contact Information

If you have any questions or concerns about these Terms, please contact us via the contact form on our website.