End User License Agreement

This End User License Agreement (“EULA” or “Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and MagicBook, Inc. (“MagicBook,” “we,” “our,” or “us”) governing your use of the MagicBook mobile application (“App”) and any related software provided by MagicBook.

By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree to these terms, do not download or use the App.

This EULA governs your use of the App specifically. Your use of the broader MagicBook Service, including web features, subscriptions, and content creation, is also subject to the MagicBook Terms of Service, Privacy Policy, and Acceptable Use Policy, all of which are incorporated herein by reference.

1.1 License Grant

Subject to your compliance with this EULA and payment of applicable fees, MagicBook grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control that are compatible with the App
• Use the App for your personal, non-commercial purposes in accordance with this EULA

1.2 Permitted Devices

You may install and use the App on a reasonable number of devices that you own or control, subject to any device limits set forth in the applicable app store terms. The App is licensed to you, not sold.

1.3 Educator Use

If you are using the App in an educational or classroom setting, your license extends to your professional use as an educator on behalf of your institution, subject to obtaining appropriate consents from parents and guardians as required by COPPA and your institution’s policies.

You may not, and you may not permit others to:

• Copy, modify, adapt, translate, or create derivative works of the App or any part thereof
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the App, except to the extent expressly permitted by applicable law
• Sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the App or any rights granted under this EULA
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) in the App
• Use the App in any manner that violates the Acceptable Use Policy
• Circumvent or bypass any technical protection measures in the App
• Use the App to develop a competing application or service
• Access the App using automated means (bots, scrapers, etc.) except through the officially documented API
• Use the App in any way not expressly authorized by this EULA

3.1 Apple App Store

If you download the App from the Apple App Store, the following additional terms apply:

• This EULA is between you and MagicBook only, not with Apple Inc.
• Apple has no obligation to provide any maintenance or support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to any applicable legal or regulatory requirement
• If a third party claims the App infringes their intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such claim
• Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary

3.2 Google Play Store

If you download the App from the Google Play Store, your use is also subject to the Google Play Terms of Service. In the event of a conflict between this EULA and the Google Play Terms of Service, the Google Play Terms of Service will govern with respect to your use of Google Play.

4.1 MagicBook’s Rights

The App and all copies thereof, including all intellectual property rights therein, are and remain the exclusive property of MagicBook and its licensors. This EULA does not transfer any ownership interest to you. MagicBook reserves all rights not expressly granted in this EULA.

4.2 Your Content

You retain ownership of all content you submit to the App, including photographs and story inputs. By submitting content, you grant MagicBook the licenses described in Section 6 (User Content License).

4.3 Generated Content

Books, illustrations, and story text generated by the Service using your inputs are subject to the ownership provisions in the Terms of Service. Generally, you own the final generated book content for personal use, subject to the restrictions on commercial use set forth in the Terms of Service and Acceptable Use Policy.

4.4 Feedback

If you provide MagicBook with feedback, suggestions, or ideas about the App, you assign to MagicBook all right, title, and interest in that feedback, including all intellectual property rights, and MagicBook may use such feedback for any purpose without obligation to you.

5.1 Automatic Updates

MagicBook may release updates to the App from time to time. Depending on your device settings, the App may update automatically. By continuing to use the App following an update, you agree to the updated EULA if applicable.

5.2 Feature Changes

MagicBook reserves the right to add, modify, or remove features of the App at any time without notice. We will make reasonable efforts to notify you of material changes that significantly affect your use of the App.

5.3 Discontinuation

MagicBook may discontinue the App at any time with at least 60 days’ notice via email and in-app notification. Upon discontinuation, your license to use the App will terminate. We will provide reasonable means to export your books and content before discontinuation.

6.1 License to MagicBook

By submitting photographs, story inputs, or other content to the App, you grant MagicBook a limited, worldwide, non-exclusive, royalty-free license to:

• Store, transmit, and process your content as necessary to provide the Service
• Pass your content to third-party AI processing services (OpenAI) solely for the purpose of generating your book
• Display your content to you within the App

This license terminates when you delete your account, subject to the data retention provisions in the Privacy Policy.

6.2 No Marketing Use

We will not use photographs of your child for marketing, advertising, promotional materials, or any purpose other than creating your requested book, without your explicit written consent.

7.1 Device Permissions

The App may request access to the following device capabilities:

• Camera: To allow you to take a photograph of your child directly within the App
• Photo Library: To allow you to select existing photographs for book creation
• Push Notifications: To notify you when your book is ready for download, and for transactional and promotional communications (you may disable promotional notifications at any time through your device settings)
• Internet Access: Required for all App functionality, as the Service processes your requests on our servers

You may manage device permissions through your device’s settings at any time. Disabling certain permissions may limit App functionality.

7.2 Data Collection by the App

Information collected through the App is governed by our Privacy Policy. The App does not collect precise geolocation data. The App may collect device identifiers, usage analytics, and crash reports to maintain and improve the App.

The App may integrate with or display links to third-party services, including payment processors and authentication providers. Your use of third-party services is governed by those services’ own terms and privacy policies. MagicBook is not responsible for the practices or content of third-party services.

The App uses the following third-party SDKs and services, each subject to their own terms:

• OpenAI API (ai.openai.com/policies)
• Stripe SDK (stripe.com/legal)
• Supabase (supabase.com/terms)

The App may include open-source software components licensed under various open-source licenses. A list of open-source components and their applicable licenses is available within the App under Settings > Open-Source Licenses, or upon request at legal@themagicbook.app. Nothing in this EULA limits your rights under, or grants you rights that supersede, any applicable open-source license. To the extent any open-source license requires us to provide the source code for the corresponding open-source component, we will make it available upon request.

Your use of the App is subject to MagicBook’s Privacy Policy, which is incorporated into this EULA by reference. The Privacy Policy describes how we collect, use, and protect your information, including special protections for information about children.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MAGICBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF AI-GENERATED CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL MAGICBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION
• ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THIS EULA
• EVEN IF MAGICBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

MAGICBOOK’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MAGICBOOK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50.00 USD.

NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) MAGICBOOK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (D) ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

You agree to defend, indemnify, and hold harmless MagicBook and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the App in violation of this EULA
• Your violation of any applicable law or regulation
• Your infringement of any third party’s rights, including intellectual property rights
• Your submission of content that violates the Acceptable Use Policy
• Any misrepresentation of your authority to submit a child’s photograph

If you are a consumer in the European Union or United Kingdom, this indemnification obligation applies only to the extent that the claim arises from your willful misconduct or negligence.

14.1 Term

This EULA is effective from the date you first install or use the App and continues until terminated.

14.2 Termination by You

You may terminate this EULA at any time by deleting the App from all your devices and closing your account.

14.3 Termination by MagicBook

MagicBook may terminate this EULA and your license immediately, with or without notice, if you:

• Violate any provision of this EULA, the Terms of Service, or the Acceptable Use Policy
• Engage in conduct that MagicBook determines, in its reasonable judgment, to be harmful to the Service, other users, or children’s safety

14.4 Effect of Termination

Upon termination, your license to use the App immediately ceases. You must delete all copies of the App from your devices. Sections 4, 9, 11, 12, 13, 14.4, 15, and 16 survive termination.

15.1 Governing Law

This EULA is governed by the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to this EULA will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that you may assert claims in small claims court if your claims qualify. You may opt out of this arbitration agreement by sending written notice to legal@themagicbook.app within 30 days of first accepting this EULA.

CLASS ACTION WAIVER: YOU AND MAGICBOOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.3 Arbitration Fees

For claims of $10,000 or less, MagicBook will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $10,000, fees will be allocated in accordance with the AAA Consumer Arbitration Rules.

15.4 EU/UK Residents

If you are a consumer resident of the European Union or United Kingdom, nothing in this Section limits your right to bring claims before the courts of your country of residence or to use out-of-court dispute resolution mechanisms available under applicable consumer protection laws. The class action waiver does not apply to the extent prohibited by applicable law.

16.1 Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, and Acceptable Use Policy, constitutes the entire agreement between you and MagicBook with respect to the App and supersedes all prior agreements.

16.2 Severability

If any provision of this EULA is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Failure by MagicBook to enforce any provision of this EULA will not constitute a waiver of future enforcement.

16.4 Assignment

You may not assign your rights under this EULA. MagicBook may assign this EULA without restriction, provided the assignee agrees to be bound by this EULA.

16.5 Export Controls

You represent that you are not located in a country subject to a U.S. government embargo or listed on any U.S. government list of prohibited or restricted parties. You will not use the App in violation of any applicable export control laws, sanctions, or regulations.

Legal Inquiries: legal@themagicbook.app

Support: support@themagicbook.app

MagicBook, Inc.
Attn: Legal Department
United States

This EULA was last updated on March 8, 2026.