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Terms of Service

The terms and conditions that govern your access to and use of MagicSky AI's website and online services.

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and BMTech Nexus LLC, the operator of MagicSky AI ("MagicSky AI," "we," "us," or "our"). They govern your access to and use of https://magicsky.ai/ and all related websites, tools, features, content, and services (together, the "Services").

By accessing or using the Services, you agree to these Terms, our Privacy Policy, and our Refund Policy, which are incorporated into these Terms by reference. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.

2. Eligibility and Accounts

You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only with the consent and supervision of a parent or legal guardian, who must also agree to these Terms. Purchases must be made by an adult or with an adult's permission.

Some features require an account. You agree to provide accurate and complete information, keep it up to date, keep your sign-in credentials secure, and notify us promptly of any unauthorized access. You are responsible for all activity under your account. Accounts are personal and may not be shared, sold, or transferred.

3. The Services

MagicSky AI provides AI-powered tools that create and edit images, videos, music, and other content from the prompts and files you provide. Some tools can be tried for free without an account, subject to usage limits.

We may add, change, limit, or remove features, models, or tools at any time. We will try to give reasonable notice of changes that materially reduce what you have paid for, but we do not guarantee that any particular feature, model, or output quality will remain available.

4. Credits, Subscriptions, and Payments

Credits. Most generations use credits. The number of credits a generation uses is shown before you start. Credits have no cash value, cannot be exchanged for money, and cannot be transferred, sold, or combined between accounts. Credits are a limited license to use the Services, not property or a stored-value product.

Credit expiration. Credits included with a subscription expire after the period shown on our Pricing page. Credits from one-time credit packs remain available as described at the time of purchase. Free, bonus, promotional, sign-up, and daily check-in credits may expire or be changed or withdrawn at any time.

Subscriptions. Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time from the Billing page in your account. Cancellation stops future renewals, and you keep access to your plan until the end of the current billing period. If we change the price of your plan, we will notify you in advance, and the new price will apply from your next renewal.

Payments. Payments are processed by third-party payment processors, such as Stripe, Dodo Payments, or PayPal, under their own terms. You authorize us and our payment processors to charge your selected payment method for all purchases and renewals, including applicable taxes. If a payment fails or is reversed, we may suspend paid features or remove credits granted by that payment.

Refunds. Refunds are governed by our Refund Policy.

5. Your Content

"Your Content" means the prompts, images, files, and other materials you submit to the Services. You keep any rights you have in Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, and display Your Content only as needed to operate, secure, support, and improve the Services, including sending it to the AI model providers that generate your results.

You represent that you have all rights and permissions needed to submit Your Content, including the consent of any person who appears in an image you upload, and that Your Content does not violate these Terms or any law.

6. Generated Output

"Output" means the images, videos, music, lyrics, and other results the Services generate for you. As between you and us, and subject to your compliance with these Terms, you may use your Output as follows:

  • Free plan: for personal, non-commercial purposes only.
  • Paid subscriptions and credit packs: for personal and commercial purposes.

AI systems may produce Output that is inaccurate, unexpected, or similar to content created for other users, and Output may not be protected by copyright in every country. You are responsible for reviewing Output before you use it and for making sure your use does not infringe the rights of others or violate any law. We do not claim ownership of your Output.

When you create a share link, anyone with the link can view the shared result until the link or the result is removed.

7. Acceptable Use

You agree not to use the Services to create, upload, or share content, or to take any action, that:

  • is illegal, or promotes or facilitates illegal activity;
  • sexually exploits or endangers minors in any way;
  • depicts real people in sexual, nude, or degrading situations, or is used to harass, bully, defame, or impersonate any person;
  • creates deceptive content, such as deepfakes intended to mislead others about real people or events;
  • infringes intellectual property, privacy, or publicity rights;
  • contains hate speech, threats, or content that promotes violence or self-harm;
  • contains malware or is used for spam, phishing, or fraud.

You also agree not to interfere with the security or operation of the Services, access them through unauthorized means, reverse engineer them, scrape them without permission, resell access to them, or create multiple accounts or use other methods to get around usage limits or free-trial limits.

We may review, block, or remove content and may suspend or terminate accounts that we reasonably believe violate these Terms.

8. Our Intellectual Property

The Services, including our software, design, text, graphics, logos, and trademarks, are owned by us or our licensors and are protected by law. Except for the rights expressly granted in these Terms, no rights are transferred to you. If you send us suggestions or feedback, we may use them without any obligation to you.

9. Third-Party Services

The Services rely on third-party providers, including AI model providers, cloud hosting and storage, payment processors, email services, and sign-in providers such as Google. Your use of third-party services may be subject to their own terms and privacy policies. We are not responsible for third-party services or content, and links to third-party websites do not imply our endorsement.

10. Suspension and Termination

You may stop using the Services at any time. To have your account deleted, contact us at support@magicsky.ai.

We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Services, our users, or third parties. If we terminate your account without cause, we will refund any unused prepaid amount for paid services in accordance with our Refund Policy. Sections that by their nature should survive termination, including Sections 5 through 8 and 11 through 16, will survive.

11. Disclaimers

THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, UNIQUE, OR SUITABLE FOR YOUR PURPOSES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless BMTech Nexus LLC and its officers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of Your Content, your use of Output, your use of the Services, or your violation of these Terms, any law, or the rights of any third party.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. Before filing any claim, you agree to contact us at support@magicsky.ai and give us at least 30 days to try to resolve the dispute informally. Any claim that is not resolved informally must be brought exclusively in the state or federal courts located in Wyoming, and you and we consent to the jurisdiction of those courts. Nothing in this section limits any rights you have under mandatory consumer protection laws where you live.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date below and, for material changes, notify you by email or through the Services before the changes take effect. By continuing to use the Services after the changes take effect, you agree to the updated Terms.

16. General

These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact Us

If you have questions about these Terms, contact us:

Last updated: October 26, 2026