Version

1.9

Legal

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Terms of Service

1. Who we are

These Terms of Service ("Terms") are a binding agreement between you ("you" or "Customer") and Magic Motion, LLC, an Arizona limited liability company ("Magic Motion," "we," "us," or "our"). They govern your access to and use of the Magic Motion website at magic-motion.ai, our Shopify application, and any related services, tools, and content (together, the "Service").

By creating an account, installing our Shopify app, purchasing tokens, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. Questions can be sent to support@magic-motion.ai.

2. The Service

Magic Motion lets you upload still product images and use artificial-intelligence tools to generate short product videos. Depending on the path you choose:

  • Direct path: You sign up, receive a limited number of free trial tokens, and may purchase additional token packs. Generated videos can be downloaded and used on platforms of your choice.

  • Shopify path: You install our Shopify application, pay through Shopify Managed Billing, and generated videos may be attached to your product pages.

We may add, change, or remove features at any time. We may also set or adjust usage limits, token costs, and generation quotas.

3. Accounts and eligibility

  • You must be at least 18 years old and able to form a binding contract.

  • You are responsible for the accuracy of your account information and for keeping your credentials secure.

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

  • You must notify us promptly of any unauthorized use of your account.

4. Tokens, billing, and payment

Certain features consume "tokens." New accounts receive a limited number of free trial tokens (currently 25), which we may change. Additional tokens are sold in packs. Payments on the direct path are processed by Stripe; payments on the Shopify path are processed by Shopify Managed Billing. Your use of those processors is subject to their own terms, and we do not store full payment-card details.

  • Prices are shown at the point of purchase and may change prospectively.

  • You authorize us and our payment processors to charge your selected payment method for the amounts you approve.

  • You are responsible for any applicable taxes not collected by us or a processor.

Refunds are governed by our Refund Policy. In summary, and except where a non-waivable law requires otherwise, tokens that have been used or consumed to generate a video are non-refundable because they draw on computing resources at the moment of generation.

5. Your content and ownership of outputs

"Input Content" means the images and other material you upload. "Output" means the videos and other results the Service generates from your Input Content.

  • You keep your Input Content. You represent that you own it or have the rights needed to upload it and to have it processed by AI tools.

  • You own your Output. As between you and Magic Motion, and subject to your payment of any amounts due, you own the full rights to the videos generated from your Input Content, to the extent such rights are available under applicable law.

  • We do not use your Output for our own marketing. We will not publicly display, promote, or otherwise use your Output to advertise Magic Motion without first asking for and receiving your permission.

  • Limited license to operate the Service. You grant us only the narrow license needed to host, process, and deliver the Service to you — for example, to store your Input Content, run it through generation, and make your Output available for download. This license ends when the content is deleted, except for routine backups and where we must retain records to comply with law.

A note on AI and copyright: the legal status of AI-generated material is still developing, and the protection available for a given Output may depend on the degree of human authorship and other factors. We make no guarantee that any particular Output is protectable by copyright.

6. Acceptable use

You agree not to use the Service to create, upload, or distribute content that:

  • infringes anyone's intellectual-property, privacy, or publicity rights;

  • is unlawful, defamatory, deceptive, or misleading (including false advertising about a product);

  • depicts a real person without the rights or consents required to do so;

  • is sexually explicit, hateful, harassing, or promotes violence or illegal activity; or

  • attempts to reverse engineer, overload, disrupt, or gain unauthorized access to the Service.

We may suspend or terminate accounts that violate these rules, and may remove content that we reasonably believe violates them or the law.

7. Third-party services

The Service relies on and integrates with third parties, including Shopify, Stripe, and our AI model and hosting providers. We are not responsible for third-party services, and your use of them is governed by their terms and policies.

8. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OUTPUT WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR A PARTICULAR USE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIC MOTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Magic Motion and its members, officers, and agents from claims, damages, and reasonable expenses (including attorneys' fees) arising out of your Input Content, your Output, your use of the Service, or your breach of these Terms.

11. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access for violation of these Terms, for risk to the Service or other users, or as required by law. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

12. Changes to these Terms

We may update these Terms. If we make material changes, we will take reasonable steps to notify you, such as posting the updated Terms at magic-motion.ai with a new "Last updated" date. Continued use after changes take effect means you accept the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. The parties submit to the state and federal courts located in Maricopa County, Arizona, except that either party may seek injunctive relief where appropriate.

14. Contact

Magic Motion, LLC
PO Box 15757, Scottsdale, AZ 85267
Email: support@magic-motion.ai