TERMS & CONDITIONS

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To access the Services, you must register and create an account on the Website ("Account") by signing in with your email or social media account, as permitted by the Website from time to time. Note: the User must be of legal age.

The User agrees to provide all mandatory information required for registration and acknowledges that this information is accurate, truthful, and up-to-date. If the User provides false, outdated, or incomplete information, or if Magnific suspects fraudulent registration, Magnific reserves the right to suspend or cancel the User's Account.

By registering, the User agrees to the following rules:

• The Account will be used for any necessary notifications.

• Third parties should not be allowed to access the User’s Account, nor should the User use a third party’s Account.

• The User is solely responsible for any activity conducted through their Account. If you suspect that a third party is using your Account, you must immediately inform Magnific.

• Magnific may suspend or cancel the User’s Account if it believes there has been a breach of these Terms or if there is any security risk.

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3. Use of the Services

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The User agrees to access and use the Services in accordance with these Terms and in good faith, avoiding negligent use or engaging in activities prohibited by law or that infringe upon the rights of third parties.

The User must not interfere with the Services, impersonate others, or perform any actions that damage, disable, overload, impair, or obstruct the normal use of the Services or the Website. Actions that compromise security or hinder functionality are strictly prohibited.

Automated access to the Services using robots, spiders, or any other devices, programs, mobile applications, or tools to copy or control any part of the Website in ways contrary to normal usage or that unfairly limit Magnific's or other Users' interests is forbidden. Users must not obtain or attempt to obtain Website content or use the Services through unauthorized means or techniques.

Users must avoid any behavior that could harm the image, interests, or rights of Magnific, other Users, or third parties. Specifically, Users are prohibited from providing Inputs and/or Instructions or using any Outputs for purposes that are:

• Unlawful, misleading, false, deceptive, harmful, threatening, abusive, harassing, defamatory, immoral, or against public order (including but not limited to pornography), spam, nudity, or obscene gestures, or involve illegal activities or actions contrary to good faith.

• Infringing on the intellectual property rights of third parties, including the image or name of any person or any private or confidential information.

• Containing viruses, worms, or any destructive code affecting the security of other Users, networks, or systems.

• Generating political content for electoral campaigns or misrepresenting real situations without clearly identifying it as parody or humor.

• Generally contrary to legal principles, human dignity, protection of minors, public order, privacy, and intellectual and industrial property rights.

• Contravening these Terms or any specific conditions set by Magnific.

Regarding the Assets, Magnific only plays a technical, neutral, and automatic role without effective control over them. The User acknowledges that Magnific does not endorse, warrant, or approve any Asset and expressly excludes any liability in this regard.

Magnific acts as a distributor, not a publisher, of User-supplied content, with no more editorial control than a public library. Opinions, advice, statements, services, offers, or other content provided by members, visitors, and third parties are solely those of the respective authors. Magnific does not endorse such content and disclaims any liability associated with it.

Despite not being obliged to oversee the Assets generally, Magnific may modify or delete any Asset it deems in violation of these Terms or offensive, illegal, or infringing on third-party rights.

For any queries about an Asset or if you believe it violates any rights, these Terms, or is inappropriate, you can contact us at support@magnific.ai. Our team will diligently analyze the situation and, if the content is found to violate these Terms or applicable regulations, Magnific will remove it as soon as possible.

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4. Contracting the Services

4.1. Procedure for Contracting the Services

The Services are subject to the fees listed on the Website.

To access the Services, Users must purchase a subscription ("Subscription"), which includes a monthly allocation of tokens used to Upscale/Transform Inputs ("Tokens"). The description, pricing, duration, number of Tokens, and conditions of each Subscription are detailed on the Website and presented before purchase.

Prices include VAT or other applicable indirect taxes unless otherwise stated on the Website.

Magnific reserves the right to change the prices of the Services at any time before purchase. These changes will be posted on the Website. If the price change affects Subscription renewals, Users will be notified in advance to allow for cancellation.

Payments can be made using the accepted payment methods on the Website. Magnific uses secure payment gateways and does not store, process, or transmit payment data related to cards or cardholders. Payment processing is managed by the payment entity, which handles international purchases according to the User's contract terms, potentially affecting exchange rates or currency used.

If a payment is declined, Magnific may attempt to process the transaction again under the same conditions within a few days. Upon successful payment, the User will receive a confirmation email.

Users can print these Terms and any specific conditions applicable to the Services before purchase.

Once a Subscription is purchased, it will automatically renew for successive periods unless canceled by the User as outlined in the "Cancellation of the Services" section. Magnific will charge for each renewal period until cancellation.

Users will be informed of the number of Tokens required to Upscale/Transform any Input in advance. Tokens used will be deducted from the User’s total available Tokens upon confirmation. The current Token balance will be displayed on the Website.

Tokens Renewal

• Unused monthly/yearly Tokens do not roll over.

• Tokens are replenished automatically at the start of each billing period. Each billing period begins on the same day of the month as the initial Subscription. For monthly plans, this occurs every month; for annual plans, every year. If the same day is not possible, Tokens will be replenished on the closest available day.

4.2. Right of Withdrawal

Users in the European Union, European Economic Area, or the United Kingdom have the right to withdraw from the Services and receive a refund within fourteen (14) calendar days from the date of contracting.

To exercise the right of withdrawal, Users must notify Magnific of their decision through an unambiguous statement (e.g., a letter sent by post or an email to support@magnific.ai). Users may use the withdrawal form at the end of these Terms, though it is not mandatory.

The Services start upon contracting, and withdrawal does not negate proportional payment for used Services (e.g., used Tokens) until the withdrawal, which will be deducted from the refund.

4.3. Modification or Cancellation of the Services

Cancellation

Users may request modification or cancellation of the Services at any time through their Account in the Upgrade section. Requests will not affect already contracted and paid Services, which will continue until the end of the current billing period. Prepaid amounts are non-refundable, subject to the right of withdrawal. User Tokens will be reset to zero at the end of the current billing cycle.

Switching Subscription Plans

Users can upgrade their Subscription at any time in the Upgrade section to obtain more Tokens. Upgrades take effect immediately, and Users will be charged a prorated amount based on the current Subscription usage. Downgrades take effect at the end of the current billing cycle.

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5. Intellectual Property

5.1. Magnific’s Intellectual Property

The elements, functionalities, and utilities integrated within the Services and the Website, including any related content and material, are owned by or licensed to Magnific and are protected by intellectual and industrial property laws.

All content on our Website (whether past, present, or future versions), along with all its functionalities, content, and elements, are the property of Magnific or its licensors and are protected by intellectual property rights, including, but not limited to:

• Trademarks, logos, and trade names.

• The format of the Services offered by Magnific.

• Other forms of intellectual property.

You acknowledge that outside the authorized uses of the Website as provided below, reproducing, distributing, publicly communicating, modifying, or transforming the Website, including, without limitation, marketing, decompiling, disassembling, using reverse engineering techniques, or any other means to obtain the source code of the Website through which the Services are provided (except to the extent permitted by applicable regulations), constitutes an infringement of intellectual property rights owned by or licensed to Magnific. You agree not to engage in any of these prohibited actions.

Subject to compliance with these Terms, Magnific grants the User a non-exclusive, limited, revocable, personal, and non-transferable authorization to use the Website solely to access the Services, in accordance with these Terms and to the extent that the User is entitled to access them. Except for this authorization of use, Magnific reserves all intellectual property rights regarding the Services, the Website, and other elements that compose them.

5.2. Content Uploaded and Generated by the User

The Services allow Users to upload and provide content such as Inputs and Instructions to the Website to generate Outputs using AI-powered tools provided by Magnific.

These Terms do not grant Magnific any ownership of the content uploaded by the User or generated by the Services, except for the rights granted under these Terms that allow us to offer and improve the Services. In this regard, all content uploaded by the User and generated by the Services following the User’s Instructions is the sole and exclusive responsibility of the User and not Magnific.

Magnific requires a license from the User with respect to the content of the Assets solely for providing and improving the Services, complying with applicable law, enforcing our Terms, and keeping our Services safe. Solely for this purpose and until you remove the content from the Services, you agree and acknowledge that by using the Services, you grant Magnific, its successors, and assigns an indefinite, worldwide, unlimited, non-exclusive, sublicensable, free license to:

1. Use, host, store, scan, copy, search, classify, and index.

2. Reproduce, communicate, publicly display, distribute, and transform (including, but not limited to, Upscaling, Transforming, trimming, editing, and adapting) the Assets.

For clarification, Magnific will not sell, advertise, or make any commercial use of the content of the Assets in accordance with these Terms.

Subject to the above license, you retain full copyright and other intellectual property rights to all the Assets. Magnific makes no representations or warranties regarding the relevant laws that might apply to you, and it is your sole responsibility to ensure that you are duly authorized to use the Assets. If you have any legal questions regarding the Services, please seek the assistance of a lawyer.

If Magnific allows other Users to view Assets, your Assets will be private by default and not disclosed to third parties. Your Assets will only be viewable by others if you set them as public.

When providing unsolicited concepts, ideas, suggestions, or feedback through any medium (e.g., feedback form, email) ("Feedback"), you acknowledge and agree that such Feedback is not confidential or proprietary to the User, and Magnific is not responsible for disclosing such Feedback. Furthermore, you agree to grant Magnific a worldwide, non-exclusive, perpetual, irrevocable, free, sublicensable, and transferable license to incorporate, use, publish, and exploit such Feedback for any purpose, commercial or otherwise, including incorporating it into the Services or any product or service of Magnific, without compensation or accountability to you.

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6. Magnific’s Liability for the Services

The User is solely accountable for any harm caused to Magnific or any third party due to any illegal, unauthorized, or improper access or use of the Website, Services, or its contents that violates these Terms. The User agrees to indemnify and protect Magnific and its administrators, personnel, agents, and representatives from any liabilities arising from such violations.

To the fullest extent allowed by applicable law, you agree that Magnific shall not be responsible for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if Magnific was advised of the possibility of such damages) resulting from: (a) the inability to use the Website or the Services (regardless of the cause, including our negligence), (b) statements, conduct, or transactions with Magnific or within the Services, (c) your use of the Services or the Website, or (d) any other issue relating to Magnific. Our liability to you or any third parties in any situation shall be limited to the greater of $10 or the amount you paid to us in the 12 months before the action causing the liability.

Magnific may include links to third-party websites/apps that we do not own or control. We do not have control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites/apps. We strongly recommend you review the terms of service and privacy policy of any third-party website/apps you visit.

Magnific software, the Website, the Services, and any related properties are provided "as is," with all faults and without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Should Magnific software, the Website, the Services, or any related properties prove defective, the User assumes all costs of necessary servicing, repair, or correction, to the maximum extent permitted by applicable law.

The User expressly understands and agrees that:

• Use of the Services is at their sole risk.

• To the fullest extent permitted by applicable regulations, Magnific makes no guarantee that the Services will meet any requirements; that the Services will be uninterrupted, secure, updated, or error-free; that results from the use of the Services will be accurate, correct, reliable, or useful for a specific purpose or activity; that the quality of any service, information, or any other material acquired or obtained through the Services will meet any expectations; and that any errors will be corrected.

• No data transmission over the Internet can be guaranteed as completely secure. While we strive to protect such information, we do not warrant and cannot ensure the security of information transmitted to us. Accordingly, any information transmitted to us is at your own risk.

For example, but not limited to, Magnific is not liable for damages that may arise from:

• Interruptions, viruses, technical problems, interferences, unavailability, power cuts, omissions, or disconnections of the electronic system, communications system, or its equipment due to reasons beyond Magnific’s control.

• Delays or unavailability in the use of the Services, the Website, or traffic overloads on the Internet, in the communication network, or the electricity grid.

• Actions by third parties.

• The unavailability of the Website or the Services due to maintenance or software updates.

• Any other scenario beyond Magnific’s control.

Magnific does not guarantee constant availability of website or app access and accepts no liability for downtime or access failure due to circumstances beyond its reasonable control (including any failure by an ISP or system provider).

Magnific acts solely as a provider of the Services. The responsibility for storing, using, or, if applicable, publishing content through the Services lies entirely with the User who uploads, Upscales, Transforms, stores, or publishes it. In this regard, Magnific plays a purely technical, neutral, and automatic role, without exercising effective control over the content, expressly excluding any liability related to any content.

Jurisdiction and Applicable Law

This Legal Notice is governed by Spanish law. Users of the Service agree to submit to the jurisdiction of Spanish courts, expressly waiving any other jurisdiction that might apply to them under the law.

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.