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Terms of Service

Last updated: March 31, 2026

By accessing or using MagikShot (magikshot.com), you agree to these Terms of Service. If you do not agree, do not use the service.

1. Service Description

MagikShot is an AI-powered photo generation platform. You upload your own photographs (selfies), from which a personalized AI model is trained to generate portraits in various styles. The service is offered through subscription plans at the prices published on the website.

2. Usage Requirements

  • You must be at least 18 years old to use MagikShot.
  • You must provide truthful information when creating your account.
  • You are responsible for maintaining the security of your account and password.
  • An account is personal and non-transferable.

3. Content Ownership

Your original photos: You retain all rights to the photographs you upload to MagikShot. By uploading them, you grant us a limited, non-exclusive, revocable license to process them solely for the purpose of training your AI model and generating your images.

AI-generated photos: You retain all commercial rights to images generated with your account. You may use them for personal, commercial, editorial, or promotional purposes without restriction.

Our use: We will not use your original or generated photos to train other users' models, for MagikShot advertising, or for any other purpose without your express written consent.

4. MagikShot Intellectual Property

The MagikShot platform, including its code, design, brand, logos, underlying technology, base AI models, and documentation, is the exclusive property of MagikShot. Your subscription grants you a limited, non-exclusive, non-transferable license to use the service. Nothing in these terms grants you ownership of the software or the right to copy, modify, distribute, or reverse-engineer it.

5. Privacy, Data, and Biometric Data Processing

Personal data: We process your data in accordance with the General Data Protection Regulation (GDPR) of the European Union and Spain's Organic Law 3/2018 on Personal Data Protection (LOPDGDD). The legal basis for processing your data is the performance of the subscription contract and, where applicable, your explicit consent.

Biometric data: The facial photographs you upload are considered biometric data under Article 9 of the GDPR. By uploading your photos and accepting these terms, you give your explicit consent for the processing of this data for the sole purpose of training your personalized AI model and generating images. You may revoke this consent at any time, which will result in the deletion of your model and photos.

Storage: Your original photos are stored in encrypted form on servers within the European Union and are used exclusively to train your personalized model.

Your rights (GDPR):

You have the right to:

  • Access: Request a copy of all personal data we hold about you.
  • Rectification: Correct inaccurate or incomplete data.
  • Erasure: Request the deletion of all your data ("right to be forgotten").
  • Portability: Receive your data in a structured, machine-readable format.
  • Objection: Object to the processing of your data in certain circumstances.
  • Restriction: Request the restriction of processing of your data.
  • Withdrawal of consent: Withdraw your consent for biometric data processing at any time.

To exercise any of these rights, contact info@magikshot.com. We will respond within a maximum of 30 days.

Data deletion: After deletion of your account or withdrawal of your consent, all associated data (original photos, AI model, and generated photos) will be permanently deleted within a maximum of 30 days.

Data Protection Officer: You can contact our DPO at dpo@magikshot.com.

For more information, see our Privacy Policy.

6. Acceptable Use

You agree NOT to use MagikShot to:

  • Generate content depicting people without their consent.
  • Create sexually explicit, violent, defamatory, or illegal content.
  • Impersonate another person.
  • Generate material that infringes the copyright or intellectual property rights of third parties.
  • Create deepfakes or content intended to deceive or misinform.
  • Any activity that violates applicable law, including the EU Artificial Intelligence Act (AI Act).

We reserve the right to permanently suspend or cancel accounts that violate these conditions, without refund.

7. Protection of Minors

MagikShot is not intended for anyone under 18 years of age. We do not intentionally collect data from minors. If we detect that a minor has created an account, we will delete it along with all associated data. If you are a parent or guardian and believe your child has used the service, contact info@magikshot.com.

8. Plans and Payments

  • Prices are published at magikshot.com and may be updated with a minimum of 30 days' prior notice.
  • Subscriptions automatically renew at the end of each period (monthly or annual) unless you cancel beforehand.
  • By subscribing, you authorize recurring charges through the provided payment method.
  • Payments are processed through external providers (Stripe or others). MagikShot does not store credit card data.
  • All prices include VAT where applicable under current legislation.

9. Cancellation and Refunds

  • You may cancel your subscription at any time from your account. Cancellation will take effect at the end of the current billing period.
  • Right of withdrawal (EU): Under European consumer regulations, you have 14 calendar days from the date of purchase to withdraw without justification, unless you have used the generation credits of your plan, in which case you expressly waive your right of withdrawal upon beginning to use the service.
  • If you are not satisfied outside the withdrawal period, you may contact info@magikshot.com to discuss your case.
  • No refunds are offered once the generation credits of your plan have been consumed.
  • No refunds are offered for automatic renewals. It is your responsibility to cancel before the renewal date.

10. Service Availability

  • MagikShot is provided "as is" and "as available."
  • We do not guarantee uninterrupted service. Interruptions may occur due to maintenance, updates, or causes beyond our control.
  • We reserve the right to modify, suspend, or discontinue any feature of the service with reasonable prior notice.

11. Limitation of Liability

To the maximum extent permitted by Spanish and European law:

  • MagikShot shall not be liable for indirect, incidental, special, or consequential damages arising from use of the service.
  • Our total liability for any claim shall not exceed the amount you have paid for the service in the last 12 months.
  • We do not guarantee that generated images will be accurate, suitable for a specific purpose, or error-free.
  • Nothing in these terms excludes or limits liability for willful misconduct, gross negligence, or any liability that cannot be legally excluded.

12. Indemnification

You agree to indemnify and hold harmless MagikShot, its directors, employees, and collaborators from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of the service in violation of these terms, (b) content you generate or upload through the platform, or (c) infringement of third-party rights resulting from your use of the service.

13. Modifications to Terms

We may update these terms at any time. We will notify you of relevant changes by email with a minimum of 30 days' notice. If you do not agree with the new terms, you may cancel your subscription before they take effect. Continued use of the service after the effective date implies acceptance of the new terms.

14. Dispute Resolution

  • Any dispute arising from these terms shall preferably be resolved amicably by contacting info@magikshot.com.
  • If a resolution is not reached, both parties submit to the jurisdiction of the corresponding Courts of Spain.
  • As a consumer in the EU, you also have the right to use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr

15. Assignment

MagikShot may assign its rights and obligations under these terms to a third party (for example, in case of merger, acquisition, or sale of assets), notifying you 30 days in advance. You may not assign your account or your rights under these terms without our prior written consent.

16. Severability

If any clause of these terms is declared null or unenforceable by a competent court, the remaining clauses shall remain fully valid and effective.

17. Entire Agreement

These Terms of Service, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and MagikShot, and supersede any prior agreement, whether oral or written.

18. Governing Law

These terms are governed by Spanish law and applicable European Union regulations, including the GDPR, LOPDGDD, the General Law for the Defense of Consumers and Users, and the EU Artificial Intelligence Act.

19. Contact

For any inquiries related to these terms:

  • General email: info@magikshot.com
  • Data protection: dpo@magikshot.com