Terms and Conditions for Magic Makers

1. Who we are

Southern Innovation Lab Limited (“Magic Makers”) is a digital platform that allows legal parents or guardians to upload images of their children to generate photorealistic representations as aspirational characters. For more information about Magic Makers, please visit Magic Makers.

2. Eligibility and Parental Consent

• You must be at least 18 years old to use our Services or provide consent for a minor's data to be processed. By using our Services, you represent that you meet this requirement.
• If you upload images or other personal data of children under the age of 16 (or as defined by applicable law in your jurisdiction), you affirm that you are the legal parent or guardian of the child(ren) depicted and have the authority to consent to data processing on their behalf. You are responsible for providing valid and verifiable consent, as required by GDPR and other applicable data protection laws.
• Magic Makers will rely on your consent for processing the child's data in accordance with our Privacy Policy and these Terms. We may request additional verification steps to ensure consent is valid and lawful. Magic Makers reserves the right to remove content or refuse to provide the Services if required consent is not obtained.

3. Account Registration

• All features require an account. You agree to provide accurate, current, and complete information and to keep your account secure. You are responsible for any activity on your account.
• You agree to notify us immediately if you suspect any unauthorized access to or use of your account. Magic Makers is not liable for any losses or damages arising from unauthorized account use.

4. Service and fees

• Access to certain features of the Services is subject to a fee. By signing up, you agree to pay the fees that are made clear to you before purchase.
• A Subscription refers to a recurring arrangement where you gain access to Magic Makers' Services in exchange for payment (where applicable). Details of the Subscription plans and single use charges, including fees and billing cycles, are provided on our website or within the application.
• All fees are in dollars and are exclusive of taxes unless otherwise specified.
• You must provide a valid payment method (e.g., credit card, debit card, or other accepted payment method).
• Your Subscription will be charged at the start of each billing cycle and will automatically renew unless cancelled before the renewal date. Failure to cancel before the renewal date will result in the subscription fee being charged, and no refunds will be issued.
• You are responsible for any applicable taxes, and we will charge tax when required to do so.
• Magic Makers reserves the right to change fees upon reasonable notice to you.
• Any price changes will take effect at the start of the next Subscription period following the date of the price change.

5. Cancellation and Refunds

• Subscription fees are non-refundable except where required by law.
• If you believe you are entitled to a refund, please contact us at [email protected], and we will review your request in accordance with applicable laws.
• We may suspend or terminate your access to the Services, including your Subscription, if you violate these Terms or if required by law.
• In such cases, you are not entitled to a refund unless required by law.

6. User Content and Ownership

• You retain ownership of any images and content you upload (“User Content”) and we do not claim any ownership rights in any User Content. However, by uploading User Content, you grant Magic Makers a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and display the content solely as necessary to provide and enhance the Services.
• This license is revocable upon deletion of your account or specific content, except where retention is legally required or necessary for security, compliance, or legal purposes.
• You represent that you own or have the necessary rights to share all User Content uploaded and that this content does not violate any third-party rights, including privacy, intellectual property, or contractual rights.
• Magic Markers reserves the right to remove or suspend access to User Content that violates these Terms or applicable laws.

7. Data Privacy and Compliance with Data Protection Laws

• General Data Protection Regulation (GDPR) - Magic Makers processes personal data in compliance with GDPR. As a user, you have rights to access, rectify, erase, and restrict the processing of your data, among other rights outlined in our Privacy Policy.
• California Consumer Privacy Act (CCPA) - If you are a California resident, you have additional rights under CCPA, including the right to know, delete, and opt-out of the sale of personal information. Magic Makers does not sell personal information but will honor these rights as specified in our Privacy Policy.
• Children's Data - We take the protection of children's data seriously. In compliance with GDPR and other applicable laws, we require parental consent for any data processing involving children under 16 years old, as outlined in clause 2.2.
• Personal data is retained only as long as necessary for providing Services or as required by law. Magic Makers will automatically delete User Content seven (7) days after image generation by our models. If your account remains unverified for seven (7) days, we will delete all User Content. If your account is verified but no payment has been made within thirty (30) days, we will delete all User Content. Upon account closure, we automatically delete all stored data unless retention is required for legal or compliance purposes.
• We use industry-standard encryption and security measures to protect personal data against unauthorized access, loss, or misuse. However, no system can guarantee absolute security. By using our Services, you acknowledge and accept this risk.

8. Use of Cookies and Tracking Technologies

• Our Services use cookies and similar tracking technologies to enhance your experience and collect information about usage. By using the Services, you consent to the use of cookies as described in our Cookie Policy.
• You have the right to manage cookie preferences, and instructions for disabling cookies are provided in our Cookie Policy. Please note that disabling certain cookies may affect the functionality of the Services.

9. Prohibited Conduct

• We reserve the right in our sole discretion to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who uses or accesses the Service in a manner that we believe violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) deny access to the Service or any features of the Service to anyone who violates these Terms or who we believe interferes with the ability of others to enjoy our Service or infringes the rights of others; and (4) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
• You are prohibited from using the Service to commission harmful or illegal activities. Accordingly, you may not, or assist another person to:
  - Upload content that is unlawful, offensive, harmful, inappropriate, obscene, defamatory, or invasive of privacy;
  - Modify, copy, lease or sell any of our Services;
  - Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms or systems unless this restriction is prohibited by applicable law;
  - Engage in any fraudulent or deceptive activities or attempt to manipulate the Services;
  - Bypass security measures, or attempt to access, modify, or extract any part of the Services without authorization;
  - Misrepresent your relationship with Magic Makers or imply any endorsement by Magic Makers without permission;
  - Represent that the output from the Services are human-generated when it was not.
• Magic Makers reserves the right to suspend or terminate access to the Services for any conduct that, in our discretion, violates these Terms or applicable laws. Magic Makers reserves the right, at our sole and absolute discretion, to remove or disable any Content, at any time and without notice, if we consider any Content to be objectionable or in violation of these Terms or other applicable guidelines or policies.

10. Intellectual Property Rights

• All intellectual property rights in the Services, including our software, trademarks, logos, and content (excluding User Content), are owned by Magic Makers or our licensors.
• Except for your rights, as expressly permitted under these Terms, you may not copy, reproduce, distribute, publicly display, or create derivative works from any content owned by Magic Makers without written consent.

11. Disclaimer of Warranties

• The Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, Magic Makers disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Magic Makers does not guarantee that the Services will be secure, error-free, uninterrupted, or that any defects will be corrected.

12. Limitation of Liability

• To the fullest extent permitted by law, Magic Makers and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use or inability to use the Services, even if we have been advised of the possibility of such damages.
• In no event shall Magic Makers' total liability for any claim related to the Services exceed the amount paid by you, if any, in the twelve (12) months prior to the claim. The limitations in this section apply only to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Magic Makers and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of your violation of these Terms or misuse of the Services.

14. Termination and Suspension

• Magic Makers may suspend or terminate your access to the Services at any time for any violation of these Terms or for any reason deemed necessary to protect the security and integrity of the Services.
• You may terminate the Services at any time by simply closing your account. To close your account, you must log into your account, navigate to “manage subscription, and select “cancel subscription” or contact us at [email protected].
• If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting [email protected].
• Upon termination, you will no longer have access to the Services, and Magic Makers may delete or deactivate your account and associated data, except as required for legal or compliance purposes.

15. Amendments to These Terms

• Magic Makers reserves the right to amend these Terms at any time. We will notify you of material changes by updating the “Last Updated” date and providing notice as required by law.
• Your continued use of the Services following any changes constitutes acceptance of the revised Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be resolved in the courts of the Netherlands, unless otherwise required by applicable data privacy laws.

17. Contact Information

For questions about these Terms or our Services, contact us at:

Email: [email protected]
Mailing Address: 3/F Chevalier House, 45-51 Chatham Rd, Hong Kong