1. Acceptance of Terms
By accessing and using Magical Story ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.
2. Service Availability and Eligibility
IMPORTANT: This Service is intended exclusively for residents of Switzerland and the European Union.
• This Service is NOT available to residents or citizens of the United States of America
• By using this Service, you warrant and represent that you are a resident of Switzerland or a member state of the European Union
• You confirm that you are accessing this Service from Switzerland or the European Union
• Any attempt to access this Service from the United States or by US residents is prohibited
• We reserve the right to terminate accounts and refuse service to anyone who misrepresents their residency or location
3. Description of Service
Magical Story is an AI-powered platform that creates personalized storybooks based on photos and character descriptions you provide. Photos are transformed into illustrated avatars that appear in your custom story.
4. User Responsibilities and Warranties
By using the Service, you warrant and represent that:
• You are a resident of Switzerland or the European Union (not the United States)
• You own the copyright to any photos you upload, OR you have obtained explicit permission from the copyright holder (typically the photographer)
• You have obtained explicit consent from every individual depicted in uploaded photos for the creation of AI-generated avatars and stories
• For photos of minors, you are the parent or legal guardian with full authority to grant such consent
• You will NOT upload photos of celebrities, public figures, or any person without their explicit written consent
• You will NOT create characters that imitate, reference, or infringe upon copyrighted fictional characters (e.g., from movies, books, games)
• All information you provide is accurate and not misleading
• You will not use the Service for any unlawful purpose
5. Prohibited Content and Acceptable Use
The following content is strictly prohibited:
• Photos of individuals without their consent
• Photos of celebrities or public figures without documented permission
• Character descriptions mimicking copyrighted fictional characters
• Content that is defamatory, libelous, or harmful to any person's reputation
• Hate speech, harassment, or discriminatory content
• Sexually explicit, obscene, or pornographic content
• Content depicting violence, gore, or illegal activities
• Content that exploits or harms minors in any way
• Any content that violates applicable laws
We reserve the right to refuse service, remove content, and terminate accounts that violate this policy without notice or refund.
6. Intellectual Property
• You retain all rights to the original photos you upload
• You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display uploaded content solely for providing the Service
• The generated story content and illustrations become your property upon purchase
• You may use generated stories for personal, non-commercial purposes
• Commercial use of generated content requires separate licensing
• Our platform, technology, and branding remain our intellectual property
7. Content Review and Final Responsibility
IMPORTANT: You are the final publisher of your story.
• The Service provides AI-generated draft content that YOU must review before finalizing
• By saving, downloading, or sharing your story, you confirm that you have reviewed all content
• You accept sole and full responsibility for the final content and its compliance with all laws
• You are responsible for ensuring the story does not defame, harm, or infringe upon anyone's rights
• The platform is a tool; you are the publisher of the final work
8. Copyright Claims and Takedowns
We respect intellectual property rights and respond to valid infringement notices.
• If you believe content infringes your copyright, contact us at legal@magicalstory.ch with: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a statement of good faith belief, and (5) a statement under penalty of perjury that you are authorized to act
• We will investigate and may remove content that infringes intellectual property rights
• Repeat infringers will have their accounts terminated
9. Reporting Violations
If you encounter content that violates these Terms or applicable laws:
• Report it immediately to legal@magicalstory.ch
• Include details of the violation and any relevant evidence
• We will investigate all reports and take appropriate action
• We may remove content and terminate accounts without prior notice
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• The Service is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for the specific service giving rise to the claim
• We are not responsible for any claims arising from your misuse of the Service or violation of these terms
11. Indemnification
You agree to indemnify, defend, and hold harmless Magical Story, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or create using the Service
12. Data Processing
• Photos are processed using AI technology to create avatar illustrations
• By uploading photos, you consent to the processing of facial features and biometric data for avatar creation
• Original photos are stored temporarily for processing and are deleted according to our Privacy Policy
• We do not sell or share your personal photos with third parties for marketing purposes
• See our Privacy Policy for complete details on data handling
13. Age Requirements
• You must be at least 18 years old to create an account
• Parents/guardians may create stories featuring their minor children
• By uploading photos of minors, you confirm you have parental authority or explicit consent
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new terms. We will notify users of significant changes via email or platform notification.
15. Termination
We may terminate or suspend your account at any time for violation of these Terms. Upon termination, your right to use the Service ceases immediately.
16. Governing Law and Jurisdiction
• These Terms are governed exclusively by the laws of Switzerland
• Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the courts of Zurich, Switzerland
• You agree to submit to the exclusive jurisdiction of the courts of Zurich, Switzerland
• The United Nations Convention on Contracts for the International Sale of Goods does not apply
17. Contact
For questions about these Terms, please contact us at: legal@magicalstory.ch