Terms & Conditions

Owner/Operator (Controller): Pyxel Bytes (sole proprietor Biel Carpi)
Address: Avinguda de les Nacions Unides 40, Escaldes-Engordany, Andorra
Contact: legal@magiqapp.com

Welcome to Magiq—a prompt-first photo editing app and website (the "Service"). By installing, accessing, or using the Service, you agree to these Terms & Conditions (the "Terms").

Heads-up (summary, not a substitute for the Terms): Use Magiq to edit your own lawful photos with text instructions. One generation uses credits; 2048×2048 uses 2 credits. Free exports include a watermark. We don’t run a cloud library of your edits. We never train models on your content. Be lawful, don’t impersonate people (especially public figures), and don’t try to bypass safety systems. Subscriptions auto-renew until you cancel in your app store.

1) Eligibility & Accounts

• You must be 13+ (or the minimum age in your region).
• Some features may require sign-in; you’re responsible for your device and credentials.

2) License to Use Magiq

Limited, non-exclusive, non-transferable, revocable license to use the app/site subject to these Terms. Platform terms (Apple/Google) also apply and may make them third-party beneficiaries.

3) The Service (How Magiq works)

• Local by default. Projects/versions stay on your device. We do not operate a cloud library. Exports saved to Photos remain after uninstall.
• Processing pipeline. Your selected image + prompt go securely to processing providers solely to generate results. Providers are configured not to train on your content; limited, short-term operational logs may exist (see Privacy Policy).
• No professional advice/guarantees; you’re responsible for how you use outputs.

4) Credits, Subscriptions, Top-ups & Billing

• Credits: 1 generation = 1 credit (billed on generate, incl. previews). 2048×2048 = 2 credits.
• Free: 3 gens on install + 1/week; watermark; max 512×512.
• Plus (€9.99/mo): 250 gens/mo; up to 1024×1024; top-ups available.
• Pro (€20.99/mo): 700 gens/mo; advanced model; up to 2048×2048 (2 credits); top-ups.
• Top-ups: cumulative; persist after subscription ends; no cash value; non-transferable; non-refundable except as required by law.
• Auto-renewal & cancellation: Manage in App Store/Google Play before renewal. No proration.
• Refunds: via Apple/Google policies; Pyxel Bytes doesn’t refund outside stores unless required.
• Fair use: daily soft caps/concurrency/rate limits may apply; circumvention prohibited.

5) Acceptable Use & Content Rules

• No illegal, infringing, harassing, hateful, deceptive, defamatory, or sexually explicit content.
• No impersonation/misleading images of public figures.
• No uploading content you lack rights/consent to process.
• No reverse engineering, scraping, overloading, or bypassing safety/watermarks/usage caps.

6) User Representations & Warranties

• You have necessary rights/permissions (incl. likeness/publicity rights).
• Content/outputs will comply with law and these Terms.
• You won’t mislead others by presenting outputs as unedited originals where harmful/deceptive.

7) Ownership & Licenses

You retain rights to your content. You grant Pyxel Bytes a limited license to process it to provide the Service (incl. transient technical copies and compliance). Subject to third-party rights, we assign to you any rights we may have in outputs generated for you, to the extent permitted by law. Magiq IP remains ours.

8) Privacy

See our Privacy Policy at magiqapp.com/privacy. It’s incorporated into these Terms.

9) Third-Party Services & Links

Third-party services (app stores, analytics/diagnostics, hosting, processing providers) have their own terms. We’re not responsible for external sites/services.

10) Takedown & Reporting

Report rights or legal issues to abuse@magiqapp.com. We typically acknowledge within 24h and review within 72h. Repeated/egregious violations may lead to termination.

11) Feedback

If you send ideas/feedback, you grant Pyxel Bytes a free, irrevocable, worldwide license to use them without restriction or obligation.

12) Termination & Suspension

You may stop anytime. We may suspend/terminate for breach, fraud/abuse, or legal/security/technical reasons. Surviving sections include IP, disclaimers, limits, indemnity, governing law.

13) Disclaimers

THE SERVICE/OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAX EXTENT PERMITTED BY LAW, PYXEL BYTES DISCLAIMS ALL WARRANTIES (EXPRESS/IMPLIED), INCLUDING MERCHANTABILITY, FITNESS, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED/ERROR-FREE OPERATION.

14) Limitation of Liability

TO THE MAX EXTENT PERMITTED BY LAW, PYXEL BYTES/OWNER/SUPPLIERS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, GOODWILL, DATA, OR CONTENT. AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF: (A) €50 OR (B) AMOUNTS YOU PAID IN THE 3 MONTHS BEFORE THE EVENT. SOME JURISDICTIONS MAY VARY.

15) Indemnification

You agree to defend, indemnify, and hold harmless Pyxel Bytes and its owner from claims arising from your content/outputs, your breach, or your violation of laws/third-party rights.

16) Force Majeure

Neither party is liable for delays/failures due to events beyond reasonable control (e.g., outages, government acts, war, labor disputes, natural disasters, internet/hosting failures).

17) Export & Sanctions

You’ll comply with export/sanctions laws and not use where prohibited.

18) Changes to the Service or Terms

We may update the Service/Terms. We’ll post changes at magiqapp.com/terms and update the date. Material changes announced in-app or on site. Continued use = acceptance.

19) Governing Law & Venue

Laws of Andorra. Exclusive jurisdiction: courts of Andorra (Escaldes-Engordany). Before filing, email legal@magiqapp.com to try to resolve informally.

20) Miscellaneous

• Severability: the rest remains if a provision is unenforceable.
• Assignment: you can’t assign without consent; we may assign during reorg/merger/sale.
• Entire agreement: these Terms + Privacy + app-store terms.
• Headings: for convenience only.

Contact

Pyxel Bytes • Avinguda de les Nacions Unides 40, Escaldes-Engordany, Andorra • legal@magiqapp.com

Last updated: 2025-09-18