Terms of Service
These Terms of Service are an agreement between you and Magic Lens Inc. They apply to the MagicLens website, Video Momentos, MagicLens Studio, Studio Pro, and our related tools, workflows, and services (collectively, the “Services”). By accessing or using the Services, creating an account, or making a purchase, you agree to these terms and our Privacy Policy.
1. Who may use the Services
You must be legally able to enter into this agreement. If you are not old enough to form a binding contract where you live, a parent or legal guardian must use the Services on your behalf and accept these terms. Children under 13 may not create accounts. A parent or guardian who submits content featuring a child must have authority to do so and is responsible for supervising that use.
If you use the Services for a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
2. The Services and AI-generated content
MagicLens provides creative tools that use artificial intelligence and other automated systems to generate or transform text, images, video, audio, workflows, and related material. AI technology is probabilistic and experimental. Outputs may be inaccurate, incomplete, offensive, unexpected, inconsistent, or unsuitable for your intended use. Similar or identical outputs may be generated for other users.
You use the Services and all outputs at your own risk. You must review every output before publishing, sharing, relying on, or using it commercially or in a way that could affect another person. Do not rely on an AI output as legal, medical, financial, safety-critical, or other professional advice.
3. Accounts and security
You must provide accurate account information, keep your credentials secure, and promptly tell us if you believe your account has been compromised. You are responsible for activity under your account unless applicable law provides otherwise. You may not sell, transfer, or share an account in a way that defeats account or usage limits.
4. Your content and responsibilities
“User Content” includes prompts, instructions, uploads, images, video, audio, text, workflows, references, and other material you submit to the Services. You retain any rights you already hold in User Content. You represent that you have all rights, permissions, and consents needed to submit and process it, including the consent of identifiable people and the permission of a parent or guardian where required.
You grant Magic Lens a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, modify, and process User Content only as reasonably necessary to provide, secure, maintain, and improve the Services, enforce these terms, and comply with law. This licence ends when the content is deleted from our active systems, except where limited retention is reasonably necessary for backups, security, dispute resolution, legal compliance, or prior processing by a service provider as described in our Privacy Policy.
As between you and Magic Lens, we do not claim ownership of your generated outputs. Your ability to own, register, or commercially use an output may depend on applicable law, the rights of others, and the terms of the AI model provider. We do not guarantee that an output is unique, protectable, non-infringing, or cleared for any use.
5. Prohibited uses
You may not use or attempt to use the Services to:
- break the law, facilitate illegal activity, or violate another person’s rights;
- create, possess, solicit, or distribute child sexual abuse or exploitation material, sexualized content involving minors, or content that grooms, exploits, or endangers a child;
- bully, harass, threaten, stalk, defame, dox, shame, or target another person, including through non-consensual intimate imagery or abusive impersonation;
- create or promote excessively graphic violence, torture, cruelty, sexual violence, self-harm encouragement, or content intended to celebrate or facilitate serious physical harm;
- commit fraud, deceive for financial or material gain, impersonate another person without authorization, create misleading deepfakes, manipulate evidence, or facilitate phishing, scams, or identity theft;
- knowingly infringe copyright, trademark, privacy, publicity, contractual, or other proprietary rights, or remove rights-management information;
- generate malware, exploit vulnerabilities, gain unauthorized access, or disrupt a system or network;
- bypass safety filters, rate limits, access controls, or moderation; scrape or reverse engineer the Services except where the law expressly permits it; or use automated means that unreasonably burden the Services; or
- help another person do any of the above.
6. Moderation and safety controls
We use basic safety measures that may include automated prompt filters, image analysis, model-provider controls, and limited human review. Moderation is imperfect. We do not promise to detect, block, or remove every unsafe, illegal, infringing, or inappropriate input or output, and a filter allowing content does not mean we approve it.
You—not Magic Lens or an AI model—is responsible for the content you submit, generate, select, publish, or share, whether an inappropriate result was created intentionally or accidentally. We may block a request, remove or preserve content, restrict features, and report conduct to authorities where we reasonably believe it is necessary to protect people, enforce these terms, or comply with law.
7. Studio and Studio Pro
Studio and Studio Pro are advanced creative and workflow-authoring tools. You control their inputs, model choices, workflow configuration, intermediate assets, and outputs. You are solely responsible for reviewing those items, maintaining appropriate backups, protecting confidential information, and determining whether a workflow and its results are lawful and suitable for production or commercial use.
Do not submit regulated, highly sensitive, confidential, or restricted information unless you are authorized to do so and have confirmed that the selected model and workflow provide the protections you require.
8. Third-party AI models and services
MagicLens provides access to and orchestrates AI models and infrastructure supplied by third parties. We do not control those models and depend on providers for availability, performance, safety features, and processing. We may add, replace, restrict, or discontinue a provider or model at any time.
Your use must not cause Magic Lens to violate an applicable provider agreement or acceptable-use policy. User Content and technical data may be sent to a selected provider to complete a request. Depending on the provider, model, account configuration, and then-current provider terms, a provider may retain or use submitted content to operate, secure, improve, or train its services. We explain this further in our Privacy Policy and may present model-specific notices. Do not use a model if its disclosed data practices are unacceptable for your content.
9. Purchases, credits, and refunds
Prices, credit costs, currency, taxes, and any material purchase restrictions are shown at checkout or before a generation is confirmed. Credits are a limited, personal right to use eligible Services; they are not cash, stored value, or transferable property. Purchased credits do not expire unless a different rule is clearly disclosed at purchase or required by law.
A generation that completes successfully consumes the disclosed credits or purchase entitlement even if the result is unexpected, inaccurate, or does not match your creative preference. Because AI results vary, we do not provide refunds or restore credits solely because you dislike or did not expect a successfully delivered output. You may revise your inputs and try again, but another generation may use additional credits.
If a generation fails because of a verified error in our Services, we may re-run it, restore the affected credits, or provide another remedy appropriate to the failure. Nothing in these terms limits any refund, cancellation, warranty, or other consumer right that cannot lawfully be excluded. Contact us promptly if you believe you were charged without receiving the purchased service.
10. Magic Lens property
The Services, excluding User Content and third-party material, are owned by Magic Lens or its licensors. These terms give you a limited, revocable, non-transferable right to use the Services as intended. They do not transfer ownership of our software, designs, brands, documentation, model connections, or other intellectual property.
11. Changes and availability
We may change, suspend, or discontinue all or part of the Services, including a model, feature, price, credit requirement, or usage limit. We aim to operate a reliable service but do not guarantee uninterrupted access, permanent storage, or compatibility with every input, browser, device, provider, or workflow.
12. Disclaimers
To the maximum extent permitted by law, the Services and all outputs are provided “as is” and “as available.” Magic Lens disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and results. We do not warrant that moderation will be complete, that data will never be lost or accessed without authorization, or that an output will be safe, lawful, accurate, unique, or suitable for your purpose.
13. No indemnity from Magic Lens
Magic Lens does not agree to defend, indemnify, or hold you harmless from third-party claims, losses, costs, or damages arising from your use of the Services, your User Content, or your outputs. You are responsible for evaluating and managing those risks.
14. Limitation of liability
To the maximum extent permitted by law, Magic Lens and its directors, officers, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, opportunities, data, or business interruption, arising from or related to the Services, User Content, or outputs, even if advised that those damages were possible.
To the maximum extent permitted by law, the total liability of Magic Lens and those parties for all claims arising from or related to the Services will not exceed the amount you paid Magic Lens for the affected Service during the 12 months before the event giving rise to the claim. These exclusions and limits do not apply to liability that cannot lawfully be excluded or limited, including applicable consumer protections.
15. Suspension and termination
We may suspend, restrict, or delete an account or content at our discretion, including where we reasonably believe these terms were violated, use creates legal or safety risk, a provider requires action, payment is disputed or overdue, or the account has been inactive for an extended period. Where appropriate, we may act without advance notice. You may stop using the Services at any time and may request account deletion as described in the Privacy Policy. Sections that by their nature should survive termination will continue to apply.
16. Changes to these terms
We may update these terms as the Services or law changes. We will post the updated version and change the effective date. If a change materially affects your rights, we will provide additional notice where reasonably required. Continued use after the updated terms take effect means you accept them; if you do not, stop using the Services.
17. Governing law
These terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to rights that cannot be waived, disputes will be brought in the courts of Ontario. Consumers may also have mandatory rights in the place where they live.
18. General
If part of these terms is unenforceable, the remaining terms continue in effect. Our failure to enforce a term is not a waiver. You may not assign these terms without our written permission; we may assign them as part of a reorganization, financing, sale, or transfer of the Services. These terms and the policies they incorporate are the entire agreement about the Services unless a separate written agreement with Magic Lens expressly applies.
19. Contact
Questions about these terms: [email protected].