Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE

These Terms of Service (“Terms”) form a legally binding agreement between you and MagicBook, Inc. (“MagicBook,” “we,” “our,” or “us”). They govern your access to and use of our website, mobile application, API, and all content, features, and services offered by MagicBook (collectively, the “Service”).

By creating an account, clicking “I Agree,” or by using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms incorporate the following additional policies by reference. Using the Service means you also agree to each of them:

• Privacy Policy — describes how we collect and use your information
• Acceptable Use Policy — defines permitted and prohibited conduct
• End User License Agreement (EULA) — governs your use of the App specifically

In the event of a conflict between these Terms and any policy, these Terms control unless otherwise stated.

1.1 Age Requirement

You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that you are 18 or older. If you are creating an account on behalf of a business or institution, you represent that you have authority to bind that entity to these Terms.

1.2 Geographic Availability

The Service is available globally, subject to applicable laws and export restrictions. If you access the Service from outside the United States, you are responsible for complying with your local laws.

1.3 Prior Terminations

You may not create a new account if a prior account was terminated for violating these Terms or the Acceptable Use Policy.

2.1 Registration

You must register for an account to use most features of the Service. You agree to provide accurate, complete, and current registration information and to keep it updated.

2.2 Account Security

You are responsible for all activity that occurs under your account. You must:

• Keep your password confidential and use a strong, unique password
• Enable two-factor authentication where available
• Not share your account credentials with any other person
• Notify us immediately at security@themagicbook.app upon becoming aware of any unauthorized use of your account

2.3 Account Suspension and Termination by Us

We may suspend or terminate your account, with or without notice, if we reasonably determine that:

• You have violated these Terms, the Acceptable Use Policy, or any applicable law
• Your conduct poses a risk to the safety of children, other users, or the Service
• You have engaged in fraud or provided false information
• You have failed to pay amounts owed to us

For non-urgent violations, we will generally provide notice and an opportunity to cure before termination. For serious violations (particularly those involving child safety), we may act immediately without notice.

2.4 Account Closure by You

You may close your account at any time through your account settings or by contacting support@themagicbook.app. Upon closure:

• Your subscription will be cancelled and no further charges will apply after the current billing period
• Your data will be handled in accordance with our Privacy Policy
• You will have 30 days to download your generated books before they are deleted
• Prepaid credits are non-refundable upon voluntary account closure, except as required by applicable law

3.1 What the Service Does

MagicBook allows account holders (parents, guardians, and educators) to create personalized, AI-illustrated children’s storybooks. The Service uses large language models and AI image generation to produce custom narratives and watercolor-style illustrations based on inputs you provide, including a child’s photograph, name, and story preferences.

3.2 AI-Generated Content

You acknowledge and understand that:

• All story text and illustrations are generated by artificial intelligence, specifically OpenAI’s GPT-4o (for text) and DALL-E 3 (for images)
• AI-generated content is inherently variable — results may differ between runs even with identical inputs
• We cannot guarantee that AI-generated content will perfectly match your expectations or exactly represent a child’s appearance
• Generated illustrations are artistic interpretations, not photographic reproductions
• AI systems may occasionally produce unexpected results; our quality checking systems are designed to catch these, but are not infallible

3.3 Content Moderation

All generated content is subject to automated content moderation guardrails designed to ensure age-appropriateness and child safety. You acknowledge that:

• Our AI systems may decline to generate certain content based on safety policies
• We reserve the right to review and remove any generated book that violates our Acceptable Use Policy
• We may regenerate pages or offer credits if moderation systems prevent completion of your book

3.4 Service Availability

We strive for high availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where practicable)
• Unplanned outages or technical failures
• Third-party service disruptions (including OpenAI API availability)
• Force majeure events

We are not liable for any losses resulting from Service unavailability except as described in Section 11.

3.5 Beta Features and Experimental Functionality

From time to time, MagicBook may offer beta, preview, or experimental features (“Beta Features”). Beta Features are provided “as is” without any warranty or commitment to continued availability. We may modify or discontinue Beta Features at any time without notice. Feedback you provide about Beta Features is subject to Section 8.2.

4.1 Pricing

Current pricing is as follows and is subject to change with notice:

Credits represent the right to generate one complete 10-page personalized storybook. Additional credits may be purchased at the Pay Per Book rate.

4.2 Payment Processing

All payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe’s terms of service. We do not store your complete payment card details. You authorize us to charge the payment method on file for all amounts due.

4.3 Subscriptions — Recurring Billing and Auto-Renewal

Subscription plans are billed monthly on the anniversary of your subscription start date. By subscribing, you authorize MagicBook to charge your payment method on a recurring monthly basis until you cancel.

Auto-Renewal Notice: Your subscription will automatically renew each month at the then-current rate unless you cancel at least 24 hours before the next billing date. You can cancel at any time through your account settings or by contacting support@themagicbook.app.

California Residents — Automatic Renewal Disclosures (Cal. Bus. & Prof. Code §17600 et seq.): By subscribing, you acknowledge and agree that: (a) your subscription will automatically renew on a monthly basis at the then-current price until you cancel; (b) you authorize MagicBook to charge the payment method on file at each renewal; (c) you may cancel your subscription at any time by visiting your account settings or by contacting support@themagicbook.app; and (d) cancellation will take effect at the end of your current billing period, and no further charges will be applied after that date. You will receive a confirmation of your subscription terms by email at the time of signup, along with information on how to cancel. We will notify you of any material changes to your subscription terms before the change takes effect.

4.4 In-App Purchases (iOS and Android)

If you subscribe or purchase credits through the Apple App Store or Google Play Store, payment will be processed by the applicable platform. Apple’s and Google’s respective payment terms, refund policies, and cancellation procedures apply to those transactions. To cancel an in-app subscription, you must cancel through your device’s subscription management settings. MagicBook cannot issue refunds for purchases processed by Apple or Google; you must contact the applicable platform directly.

4.5 Credit Rollover

Monthly credits do not roll over. Unused credits expire at the end of each billing cycle. Credits purchased separately (Pay Per Book) do not expire for 12 months from purchase.

4.6 Free Credits and Promotions

We may offer free credits as part of a promotional program. Free credits:

• Are non-transferable and have no cash value
• May be subject to additional terms communicated at the time of the promotion
• Expire on the date specified in the offer, or within 90 days if no date is specified

4.7 Refund Policy

Books in Progress: If a book fails to complete due to a technical error on our end, we will refund the credit used or provide a replacement credit.

Subscription Refunds: We offer a 7-day refund on your first subscription payment if you have not generated any books during that period. After 7 days, subscription fees are non-refundable except where required by applicable law.

Pay Per Book Refunds: If a completed book is materially defective due to a technical failure (for example, image generation failed on more than 2 pages and we were unable to resolve it), we will issue a full refund of the book credit or provide a complimentary regeneration.

No Refunds for Dissatisfaction with AI Output: Because MagicBook’s output is AI-generated and inherently variable, we cannot offer refunds based solely on dissatisfaction with the artistic style, story content, or likeness accuracy of AI-generated illustrations. We encourage you to review the outline before approving it, as this is your opportunity to ensure the story meets your expectations before illustrations are generated.

Consumer Rights: If you are a consumer in a jurisdiction that provides mandatory refund rights (such as the EU’s 14-day cooling-off period), those rights apply. Contact support@themagicbook.app to exercise them.

4.8 Price Changes

We may change subscription prices with at least 30 days’ advance notice via email. If you do not agree to a price change, you may cancel before the new price takes effect.

4.9 Taxes

Prices exclude all applicable taxes. You are responsible for paying any taxes applicable to your use of the Service. Where required by law, we will collect and remit taxes.

5.1 Your Content

“User Content” means any photographs, text, names, story preferences, or other material you submit to the Service. You retain ownership of your User Content.

5.2 License to MagicBook

By submitting User Content, you grant MagicBook a worldwide, non-exclusive, royalty-free license to use, copy, process, transmit, and store your User Content solely for the purposes of:

• Providing and improving the Service
• Processing your book creation requests
• Transmitting to authorized AI processing services

This license is limited in scope to what is necessary to provide the Service to you and terminates when you delete your content or close your account, subject to our data retention policies.

5.3 Representations About Your Content

You represent and warrant that:

• You own or have the necessary rights to submit all User Content
• For photographs of children: you are the parent, legal guardian, or an educator with documented parental consent
• Your User Content does not violate any third party’s rights, including intellectual property rights
• Your User Content complies with the Acceptable Use Policy

5.4 Prohibited Content

You may not submit User Content that violates the Acceptable Use Policy. We reserve the right to remove User Content that violates these Terms.

5.5 No Monitoring Obligation

We are not obligated to monitor, review, or moderate User Content before it is submitted to the Service. However, we may do so at our discretion for safety and quality purposes.

6.1 Generated Books

The personalized books created through the Service (“Generated Content”) are created using your inputs combined with MagicBook’s AI systems. The copyright status of AI-generated content is subject to evolving law, and we make no specific warranty about its copyright status.

As between you and MagicBook, we assign to you all right, title, and interest we may have in the Generated Content, subject to the following:

• The underlying AI models, style systems, and platform remain MagicBook’s property
• The license grants in Section 6.2 below

6.2 Your Use Rights

You may:

• Download, print, and keep generated books for personal use
• Share generated books with family and friends
• Print physical copies through a print-on-demand service
• Use generated books as personal keepsakes, gifts, or for educational use in a classroom context

6.3 Commercial Restrictions

Without a separate commercial license from MagicBook, you may not:

• Sell, rent, or commercially distribute Generated Content
• Use Generated Content in commercial advertising or marketing
• Create a commercial service based on Generated Content
• Publish Generated Content in a manner that generates revenue

If you wish to use Generated Content commercially, contact licensing@themagicbook.app.

6.4 AI Model Training

We will not use your Generated Content or User Content to train AI models operated by MagicBook. Our agreements with OpenAI provide that API inputs and outputs are not used for model training under their current terms.

7.1 Outline Approval

After you submit your inputs, the Service generates a 10-scene story outline for your review. You must approve the outline before illustrations are generated. The outline approval is your primary opportunity to ensure the story meets your expectations. Changes after outline approval may require regeneration and consumption of an additional credit.

7.2 Regeneration Policy

Each generated book includes up to 2 attempts per page for quality issues identified by our automated quality checker. If quality issues persist, the affected page will be delivered with a notation, and we will credit your account for a complimentary regeneration request.

You may request manual regeneration of a specific page for a fee of $1.00 per page, if you are dissatisfied with the illustration. This is subject to the commercial restrictions above.

7.3 Book Delivery

Generated books are delivered as high-resolution PDF files. Delivery is typically within 15–30 minutes of order completion, depending on system load. Books are stored in your account for the duration of your account and 30 days after closure.

We do not currently offer physical printing and mailing services. You may use any print-on-demand service to print your PDF.

7.4 Archive and Export

You can download your books at any time from your account. We strongly recommend downloading and preserving your books locally, as we cannot guarantee indefinite storage.

8.1 MagicBook’s Intellectual Property

The Service, including its software, design, user interface, brand, trademarks, logos, and all MagicBook-authored content, is owned by MagicBook and protected by copyright, trademark, patent, and other intellectual property laws. You may not use our trademarks without prior written consent.

8.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service are voluntarily given, and MagicBook may use them without any obligation to you.

8.3 DMCA and Copyright Infringement

MagicBook respects intellectual property rights. To submit a copyright infringement claim under the Digital Millennium Copyright Act (DMCA), please contact our designated DMCA agent:

DMCA Agent: legal@themagicbook.app
Mailing Address: MagicBook, Inc., Attn: DMCA Agent, [Address]

Your notice must include: identification of the copyrighted work; identification of the infringing material; your contact information; a statement of good faith belief; a statement of accuracy under penalty of perjury; and your physical or electronic signature.

We will respond to valid DMCA notices in accordance with the Act. We reserve the right to terminate the accounts of repeat infringers in appropriate circumstances.

9.1 Integrated Third Parties

The Service integrates with third-party services including OpenAI (AI generation), Stripe (payments), and Supabase (infrastructure). Your use of those services within our platform is subject to their respective terms.

9.2 Third-Party Links

The Service may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party content or practices.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• ANY WARRANTY REGARDING THE ACCURACY, QUALITY, OR SUITABILITY OF AI-GENERATED CONTENT
• ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS

AI-GENERATED ILLUSTRATIONS ARE ARTISTIC INTERPRETATIONS. WE MAKE NO WARRANTY THAT ILLUSTRATIONS WILL ACCURATELY DEPICT A CHILD’S APPEARANCE.

Some jurisdictions do not allow the exclusion of implied warranties for consumers. In those jurisdictions, the above may not fully apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW:

MAGICBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MAGICBOOK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.00 USD.

NOTHING IN THESE TERMS 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.

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

• Your use of the Service in violation of these Terms
• Your User Content, including any third-party claims that it infringes their rights
• Your violation of any applicable law or regulation
• Any misrepresentation about your authority to submit a child’s photograph or data

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.

13.1 Informal Resolution First

Before filing a claim, you agree to contact us at legal@themagicbook.app and attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution fails, all disputes (except those in small claims court or seeking emergency injunctive relief) will be resolved by binding arbitration under the AAA Consumer Arbitration Rules, except as modified by these Terms. The arbitration will be conducted in Illinois, or via videoconference if you prefer, and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Arbitration Fees and Costs

For claims of $10,000 or less, MagicBook will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $10,000, filing and arbitration fees will be allocated in accordance with the AAA Consumer Arbitration Rules. Each party bears its own attorneys’ fees unless the arbitrator determines that a party’s claims or defenses were frivolous, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

13.4 Opt-Out of Arbitration

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@themagicbook.app within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all disputes will be resolved in the state or federal courts located in Cook County, Illinois. Opting out of arbitration does not affect any other provision of these Terms.

13.5 Class Action Waiver

YOU AND MAGICBOOK WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.

13.6 Exception for IP Claims

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights without first resorting to arbitration.

13.7 Statute of Limitations

You agree that any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation applies to the fullest extent permitted by applicable law.

13.8 EU/UK Consumers

If you are an EU or UK consumer, you retain the right to bring disputes before the courts of your country of residence and to use alternative dispute resolution mechanisms provided under applicable consumer protection law. The class action waiver and statute of limitations in Sections 13.5 and 13.7 do not apply to the extent prohibited by applicable law.

13.9 Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law provisions. For EU/UK consumers, this choice of law does not deprive you of mandatory consumer protections under the laws of your country of residence.

By creating an account or using the Service, you consent to receiving electronic communications from MagicBook, including emails, in-app notifications, and push notifications where applicable. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law (including the federal E-SIGN Act, 15 U.S.C. §7001 et seq., and any applicable state equivalents).

You may withdraw your consent to receive promotional or marketing electronic communications at any time by using the “unsubscribe” link in any email or by adjusting your notification settings. Withdrawal of consent to marketing communications does not affect our ability to send you transactional or Service-related communications.

The Service is operated from the United States. You represent and warrant that: (a) you are not located in, or a national or resident of, any country subject to a U.S. government embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC; and (c) you will not use the Service in violation of any applicable export control laws, sanctions, or regulations.

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and EULA, constitute the entire agreement between you and MagicBook regarding the Service.

16.2 Modifications

We may update these Terms at any time. For material changes, we will provide at least 14 days’ notice via email and in-app notice. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and may close your account.

16.3 Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable. All remaining provisions continue in full effect.

16.4 No Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

16.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or successor entity without restriction, provided the assignee agrees to be bound by these Terms.

16.6 Force Majeure

Neither party will be liable for failure or delay in performance resulting from causes beyond their reasonable control, including natural disasters, pandemics, acts of government, internet failures, or third-party API outages.

16.7 Notices

Legal notices to MagicBook should be sent to legal@themagicbook.app and by mail to: MagicBook, Inc., Attn: Legal Department, [Address], United States. We will send notices to the email address associated with your account.

16.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and MagicBook.

16.9 Survival

Upon expiration or termination of these Terms, the following Sections survive and remain in full force and effect: Sections 5.2 (License to MagicBook), 6 (Generated Content — Ownership and License), 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 14 (Consent to Electronic Communications), 15 (Export Controls), and 16 (General Provisions).

General Support: support@themagicbook.app

Legal Inquiries: legal@themagicbook.app

Privacy Questions: privacy@themagicbook.app

Security Issues: security@themagicbook.app

Commercial Licensing: licensing@themagicbook.app

MagicBook, Inc.
[Address]
United States

These Terms of Service were last updated on March 8, 2026.