Terms of Service

Welcome to Magic Story, owned and operated by Magine Studios, Inc., a Delaware corporation (“Magic Story”, “we”, “us”, or “our”). By accessing or using our website, mobile apps, checkout, messaging programs, or related services, including personalized books, digital stories, and video creation (collectively, the “Services”), you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Services.

These Terms apply to all users of Magic Story and Magic Story+.

Please read the dispute resolution section. It includes an arbitration agreement, a class-action waiver, and a 30-day opt-out. Nothing in these Terms limits rights or remedies that applicable consumer law does not allow us to exclude.

Eligibility & Accounts

Eligibility. You must be at least 18 years old or of legal age to form a binding contract with the Company to use the Services. If you are accessing or using the Services on behalf of an entity, you represent that you have the authority to enter into this agreement on behalf of that entity. IF YOU ARE UNDER 18, you are prohibited from using the Services.
Account Registration. You may create one account per individual. Keep your information accurate and up to date.
Account Security and Responsibility for Minors. You are responsible for safeguarding your credentials and for all activity under your account. You shall monitor your Account to restrict use by minors and will accept full responsibility for any unauthorized use of the Service by minors. Notify us immediately of unauthorized use.

Purchasing; Pricing; Taxes

Order Process. Certain products (e.g., personalized books) require you to provide details such as a child’s name, likeness, and other story inputs. Once submitted and sent to production, orders can’t be edited or canceled due to the personalized nature of the item. If you need an earlier change, contact support promptly; a change is effective only once we confirm it.
Pricing & Availability. Prices, promotions, and availability may change and will be shown at checkout. We reserve the right to correct errors (including pricing) and to cancel orders that cannot be fulfilled; if we cancel, we’ll refund any amount you paid.
Payments. We accept major payment methods shown at checkout (e.g., credit/debit cards, digital wallets). Payments are processed by third-party processors; we do not store full payment card numbers.
Taxes & Duties. You are responsible for applicable sales, use, VAT/GST, customs duties, or similar taxes, which may be charged at checkout or collected by carriers.

Shipping; Risk of Loss; Returns

Shipping. Estimated processing and delivery timelines are shown at checkout and in your order confirmation. All delivery timelines are estimates, not guarantees.
Risk of Loss. Title and risk of loss pass to you when we deliver the order to the carrier. Provide a correct shipping address; we aren’t responsible for non-delivery due to address errors.
Damaged/Incorrect Items. If an item arrives damaged or incorrect, contact us within 7 days of delivery with your order number and photos.
Returns. Because many of our products are custom-printed on demand, we generally do not accept returns except for defective, damaged, or misprinted items. These policies do not limit any rights you have under applicable consumer law. See returns and replacements for help with a book problem.

Subscription Services (Magic Story+)

Benefits. New physical-book memberships purchased on magicstory.com include personalized hardcover books on the delivery schedule selected for the plan. Eligible existing subscribers may retain a softcover format while it remains available. App-store memberships have different benefits and billing arrangements, as shown when you subscribe.
Trials and introductory offers. Any trial length, introductory price, recurring price, and billing frequency will be shown with the offer. Unless you cancel at least 24 hours before the trial or introductory period ends, the subscription renews under those terms.
Automatic renewal and billing. By agreeing to a subscription offer, you authorize recurring charges to your saved payment method until you cancel. The price and billing frequency are shown for your plan. Your account, or the app store where you subscribed, shows the next renewal date. Schedule changes, skips, and pauses can change that date.
Price changes. We will give notice of a subscription price change and an opportunity to cancel before it takes effect, as required by applicable law. A new subscription uses the offer available when you sign up.
Cancellation. You can cancel a website membership in your account settings at any time. To avoid the next charge, cancel at least 24 hours before your renewal date. Cancellation stops future subscription charges and deliveries. Purchased books remain available. Canceling a subscription does not cancel a book already ordered or sent to production. For an app-store subscription, manage renewal through that store; access and expiration follow the subscription period shown there. Contact support if you need help canceling.
Refunds. Fees are non-refundable except where required by law or we expressly state otherwise. You may request a refund within seven (7) days of your initial purchase, provided no credits have been used. Refund requests for app-store purchases are handled through the store that processed the payment.

Digital Content & Credits License

Personal License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the digital content you obtain through the Services for personal, non-commercial use only.
No Resale. Credits and digital items have no cash value, are non-refundable, and are not transferable.

Child Safety, Content Filtering, and Reporting

Parental Consent for Child Likeness. By submitting any Input, image, or video of a minor child to create personalized books or videos through the Services, you expressly represent and warrant that you are either the legal parent or guardian of the child, or that you have obtained the express, verifiable consent of the child’s legal parent or guardian to submit their likeness to the Service for the purpose of content creation.
Strict Prohibition of Explicit Content. You are strictly prohibited from submitting Input or prompting the creation of any Output, pictures, or videos that are explicit, sexually suggestive, obscene, or harmful to minors in any way. Our content filters and monitoring systems are actively engaged to prevent the creation of such material.
Enforcement and Reporting. Any attempt to create explicit material or content that violates these Terms will result in the immediate and permanent suspension or termination of your Account. Furthermore, the Company reserves the right to report any such attempt, along with the user’s identifying information and relevant activity, to law enforcement and appropriate governmental or child protection agencies should we deem it necessary in our sole discretion.

User Content, Inputs, and Outputs

Responsibility for Content (Your Content). You acknowledge that all information, data, text, photos, graphics, video, and other materials accessible through the Services (“Content”) is the sole responsibility of the party from whom such Content originated. You, and not Magic Story, are entirely responsible for all Content that you upload, post, email, share, transmit or otherwise input or make available in any medium digital or physical (“Your Content”).
User Inputs and Outputs (AI Services). The Company utilizes software and technology, including artificial intelligence, to process user inputs to the Service, such as descriptive and instructive text prompts, reference images, videos, and other content (“Input,” which is part of Your Content hereunder), and generate and return outputs based on such Inputs (the “Output”).
Ownership and permission to process content. You retain the rights you already hold in the content you submit. You grant Magic Story a non-exclusive, worldwide, royalty-free license to process, reproduce, adapt, and display that content, and to let our service providers do so, only as needed to provide the services you request. This includes creating avatars and stories, fulfilling orders, making saved content available to you, and maintaining, securing, and troubleshooting those services. The license lasts only as needed for those purposes, subject to the retention and deletion terms in our Privacy Policy. We do not use customer data, including uploaded photos and generated avatars, to train AI models.
Your Representations. You represent you own or have sufficient rights to your Content (Inputs/Outputs) and it does not infringe others’ rights.
Feedback. You may provide ideas or suggestions (“Feedback”). We may use Feedback without restriction and without compensation.

Acceptable Use and Restrictions

You must not do, or permit anyone else to do, any of the following:

Use the Services for any purpose that is prohibited by this Agreement or by applicable law.
Take any action, or Make Available any Content, or knowingly create any Output, on or through the Service that:
- Infringes the rights of any person or entity, including without limitation any copyright, privacy, publicity, trademark, patent, trade secret, or other proprietary or contractual rights.
- Is unlawful, threatening, abusive, harassing, defamatory, or libelous.
- Harms minors in any way, including without limitation any portrayal or depiction of minors in an inappropriate, lewd or otherwise objectionable manner.
- Constitutes unauthorized or unsolicited advertising, junk or bulk email.
Interfere with or disrupt the Services or networks; probe, scan, or test vulnerabilities.
Access or scrape the Services via automated means without permission.
Attempt to reverse engineer or circumvent security or access controls.
Use or access the Service or any Outputs to develop, modify, fine-tune, or improve any products or services that compete with our Services, including to develop, fine-tune, or train any artificial intelligence or machine-learning algorithms or models of any kind.

We may suspend or terminate access for violations.

Monitoring and Enforcement

Monitoring. Magic Story may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content and Outputs and User Content, at any time. You hereby provide your irrevocable consent to such monitoring.
Moderation. Without limiting the foregoing, Magic Story reserves the right to:
- Remove or refuse to process or post any of Your Content or Output for any or no reason in our sole discretion.
- Take any action with respect to any of Your Content or Output that we deem necessary or appropriate in our sole discretion, including if we believe that such Content or Output violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens harm to users of the Service or the public, or could create liability for Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to publicity or privacy.

Intellectual Property; DMCA

Magic Story IP. All content and software in the Services are owned by Magic Story or its licensors and are protected by intellectual-property laws.
DMCA Notices. If you believe content infringes your copyright, send a notice including all elements required by 17 U.S.C. §512(c)(3) to our designated agent:
DMCA Agent: legal@maginestudios.com

Third-Party Services & Open Source

The Services integrate third-party platforms (e.g., Shopify, payment processors, etc.). Your use of those services may be subject to their terms and privacy notices. The Services may include open-source components under their own licenses.

Mobile Terms of Service (SMS/MMS)

If you opt in to marketing text messages, you agree to receive messages from Magic Story at the number you provide, including promotions and cart reminders. Messages may use automated technology. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply.

To stop marketing texts, follow the opt-out instructions in a message. You can also contact support@magicstory.com for help or to withdraw consent. Service messages concerning an existing order or account are separate from promotional messages. Update your number if it changes, and do not enroll a number you are not authorized to use.

Delivery depends on your carrier and device. Message delivery is not guaranteed. Information used for messaging is handled as described in our Privacy Policy.

By using the Services, you consent to receiving communications from us electronically (email, in-app messages, SMS where you’ve opted in) and to electronic signatures/records for transactions and disclosures.

Disclaimer of Warranties

To the fullest extent permitted by law, the Services and all content (including any Output therefrom) are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, title, and non-infringement). You acknowledge and agree that Outputs may contain errors, omissions, offensive material, or third-party content. Magic Story makes no representation or warranty as to the originality, legality, accuracy, or fitness of any Output.

Limitation of Liability

To the fullest extent permitted by law, Magic Story’s total liability arising out of or relating to the Services (including any Output therefrom) will not exceed the greater of (i) $100 or (ii) the amount you paid to Magic Story in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages. These limits apply only to the extent permitted by applicable law and do not exclude liability or remedies that cannot lawfully be excluded.

Indemnification

To the extent permitted by applicable law, you will indemnify and hold harmless Magic Story and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, Your Content and/or Outputs, or violation of these Terms or applicable law.

Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Contact us first at support@magicstory.com to try to resolve a dispute.
Binding Arbitration. Except for small-claims matters and equitable relief, any dispute between you and us will be resolved by binding arbitration.
Class-Action Waiver. Disputes will be conducted only on an individual basis and not as a class, consolidated, or representative action.
30-Day Opt-Out. You may opt out of arbitration by sending a written notice to legal@maginestudios.com within 30 days of first accepting these Terms. Include your name, account email, and a clear statement that you are opting out of arbitration. Opting out does not affect your ability to use the services.
Venue & Governing Law. California law governs these Terms (without regard to conflicts rules). Arbitration seat and exclusive venue for non-arbitrable matters is Los Angeles County, California, except where applicable law requires otherwise. Nothing in this section prevents you from reporting a concern to a government agency or exercising rights that cannot be waived.

Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you violated these Terms or applicable law. Upon termination, your license to use the Services ends, but sections that by their nature should survive (e.g., IP, disclaimers, limits of liability, dispute resolution) will survive.

Changes to the Services or Terms

We may modify the Services or these Terms at any time. If changes are material, we will provide notice (e.g., by email, in-app, or on-site). Your continued use after changes become effective constitutes acceptance.

Miscellaneous

Assignment. You may not assign these Terms without our prior written consent; we may assign them.
Severability. If any provision is unenforceable, the remainder remains in effect.
No Waiver. Failure to enforce a provision is not a waiver.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control, including but not limited to, unavailability of connected AI models or partner/API failures.
Entire Agreement. These Terms (plus any policies referenced, including our Privacy Policy and any feature-specific terms) are the entire agreement between you and us regarding the Services.

Contact

General Support: support@magicstory.com
SMS Help: support@magicstory.com or text HELP to +1 (877) 849-6257
Phone: (323) 814-7101

These Terms apply to all users of Magic Story and Magic Story+.

Eligibility & Accounts

Eligibility. You must be at least 18 years old or of legal age to form a binding contract with the Company to use the Services. If you are accessing or using the Services on behalf of an entity, you represent that you have the authority to enter into this agreement on behalf of that entity. IF YOU ARE UNDER 18, you are prohibited from using the Services.
Account Registration. You may create one account per individual. Keep your information accurate and up to date.
Account Security and Responsibility for Minors. You are responsible for safeguarding your credentials and for all activity under your account. You shall monitor your Account to restrict use by minors and will accept full responsibility for any unauthorized use of the Service by minors. Notify us immediately of unauthorized use.

Purchasing; Pricing; Taxes

Order Process. Certain products (e.g., personalized books) require you to provide details such as a child’s name, likeness, and other story inputs. Once submitted and sent to production, orders can’t be edited or canceled due to the personalized nature of the item. If you need an earlier change, contact support promptly; a change is effective only once we confirm it.
Pricing & Availability. Prices, promotions, and availability may change and will be shown at checkout. We reserve the right to correct errors (including pricing) and to cancel orders that cannot be fulfilled; if we cancel, we’ll refund any amount you paid.
Payments. We accept major payment methods shown at checkout (e.g., credit/debit cards, digital wallets). Payments are processed by third-party processors; we do not store full payment card numbers.
Taxes & Duties. You are responsible for applicable sales, use, VAT/GST, customs duties, or similar taxes, which may be charged at checkout or collected by carriers.

Shipping; Risk of Loss; Returns

Shipping. Estimated processing and delivery timelines are shown at checkout and in your order confirmation. All delivery timelines are estimates, not guarantees.
Risk of Loss. Title and risk of loss pass to you when we deliver the order to the carrier. Provide a correct shipping address; we aren’t responsible for non-delivery due to address errors.
Damaged/Incorrect Items. If an item arrives damaged or incorrect, contact us within 7 days of delivery with your order number and photos.
Returns. Because many of our products are custom-printed on demand, we generally do not accept returns except for defective, damaged, or misprinted items. These policies do not limit any rights you have under applicable consumer law. See returns and replacements for help with a book problem.

Subscription Services (Magic Story+)

Benefits. New physical-book memberships purchased on magicstory.com include personalized hardcover books on the delivery schedule selected for the plan. Eligible existing subscribers may retain a softcover format while it remains available. App-store memberships have different benefits and billing arrangements, as shown when you subscribe.
Trials and introductory offers. Any trial length, introductory price, recurring price, and billing frequency will be shown with the offer. Unless you cancel at least 24 hours before the trial or introductory period ends, the subscription renews under those terms.
Automatic renewal and billing. By agreeing to a subscription offer, you authorize recurring charges to your saved payment method until you cancel. The price and billing frequency are shown for your plan. Your account, or the app store where you subscribed, shows the next renewal date. Schedule changes, skips, and pauses can change that date.
Price changes. We will give notice of a subscription price change and an opportunity to cancel before it takes effect, as required by applicable law. A new subscription uses the offer available when you sign up.
Cancellation. You can cancel a website membership in your account settings at any time. To avoid the next charge, cancel at least 24 hours before your renewal date. Cancellation stops future subscription charges and deliveries. Purchased books remain available. Canceling a subscription does not cancel a book already ordered or sent to production. For an app-store subscription, manage renewal through that store; access and expiration follow the subscription period shown there. Contact support if you need help canceling.
Refunds. Fees are non-refundable except where required by law or we expressly state otherwise. You may request a refund within seven (7) days of your initial purchase, provided no credits have been used. Refund requests for app-store purchases are handled through the store that processed the payment.

Digital Content & Credits License

Personal License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the digital content you obtain through the Services for personal, non-commercial use only.
No Resale. Credits and digital items have no cash value, are non-refundable, and are not transferable.

Child Safety, Content Filtering, and Reporting

Parental Consent for Child Likeness. By submitting any Input, image, or video of a minor child to create personalized books or videos through the Services, you expressly represent and warrant that you are either the legal parent or guardian of the child, or that you have obtained the express, verifiable consent of the child’s legal parent or guardian to submit their likeness to the Service for the purpose of content creation.
Strict Prohibition of Explicit Content. You are strictly prohibited from submitting Input or prompting the creation of any Output, pictures, or videos that are explicit, sexually suggestive, obscene, or harmful to minors in any way. Our content filters and monitoring systems are actively engaged to prevent the creation of such material.
Enforcement and Reporting. Any attempt to create explicit material or content that violates these Terms will result in the immediate and permanent suspension or termination of your Account. Furthermore, the Company reserves the right to report any such attempt, along with the user’s identifying information and relevant activity, to law enforcement and appropriate governmental or child protection agencies should we deem it necessary in our sole discretion.

User Content, Inputs, and Outputs

Responsibility for Content (Your Content). You acknowledge that all information, data, text, photos, graphics, video, and other materials accessible through the Services (“Content”) is the sole responsibility of the party from whom such Content originated. You, and not Magic Story, are entirely responsible for all Content that you upload, post, email, share, transmit or otherwise input or make available in any medium digital or physical (“Your Content”).
User Inputs and Outputs (AI Services). The Company utilizes software and technology, including artificial intelligence, to process user inputs to the Service, such as descriptive and instructive text prompts, reference images, videos, and other content (“Input,” which is part of Your Content hereunder), and generate and return outputs based on such Inputs (the “Output”).
Ownership and permission to process content. You retain the rights you already hold in the content you submit. You grant Magic Story a non-exclusive, worldwide, royalty-free license to process, reproduce, adapt, and display that content, and to let our service providers do so, only as needed to provide the services you request. This includes creating avatars and stories, fulfilling orders, making saved content available to you, and maintaining, securing, and troubleshooting those services. The license lasts only as needed for those purposes, subject to the retention and deletion terms in our Privacy Policy. We do not use customer data, including uploaded photos and generated avatars, to train AI models.
Your Representations. You represent you own or have sufficient rights to your Content (Inputs/Outputs) and it does not infringe others’ rights.
Feedback. You may provide ideas or suggestions (“Feedback”). We may use Feedback without restriction and without compensation.

Acceptable Use and Restrictions

You must not do, or permit anyone else to do, any of the following:

Use the Services for any purpose that is prohibited by this Agreement or by applicable law.
Take any action, or Make Available any Content, or knowingly create any Output, on or through the Service that:
- Infringes the rights of any person or entity, including without limitation any copyright, privacy, publicity, trademark, patent, trade secret, or other proprietary or contractual rights.
- Is unlawful, threatening, abusive, harassing, defamatory, or libelous.
- Harms minors in any way, including without limitation any portrayal or depiction of minors in an inappropriate, lewd or otherwise objectionable manner.
- Constitutes unauthorized or unsolicited advertising, junk or bulk email.
Interfere with or disrupt the Services or networks; probe, scan, or test vulnerabilities.
Access or scrape the Services via automated means without permission.
Attempt to reverse engineer or circumvent security or access controls.
Use or access the Service or any Outputs to develop, modify, fine-tune, or improve any products or services that compete with our Services, including to develop, fine-tune, or train any artificial intelligence or machine-learning algorithms or models of any kind.

We may suspend or terminate access for violations.

Monitoring and Enforcement

Monitoring. Magic Story may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content and Outputs and User Content, at any time. You hereby provide your irrevocable consent to such monitoring.
Moderation. Without limiting the foregoing, Magic Story reserves the right to:
- Remove or refuse to process or post any of Your Content or Output for any or no reason in our sole discretion.
- Take any action with respect to any of Your Content or Output that we deem necessary or appropriate in our sole discretion, including if we believe that such Content or Output violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens harm to users of the Service or the public, or could create liability for Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to publicity or privacy.

Intellectual Property; DMCA

Magic Story IP. All content and software in the Services are owned by Magic Story or its licensors and are protected by intellectual-property laws.
DMCA Notices. If you believe content infringes your copyright, send a notice including all elements required by 17 U.S.C. §512(c)(3) to our designated agent:
DMCA Agent: legal@maginestudios.com

Third-Party Services & Open Source

Mobile Terms of Service (SMS/MMS)

Delivery depends on your carrier and device. Message delivery is not guaranteed. Information used for messaging is handled as described in our Privacy Policy.

Disclaimer of Warranties

Limitation of Liability

Indemnification

Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Contact us first at support@magicstory.com to try to resolve a dispute.
Binding Arbitration. Except for small-claims matters and equitable relief, any dispute between you and us will be resolved by binding arbitration.
Class-Action Waiver. Disputes will be conducted only on an individual basis and not as a class, consolidated, or representative action.
30-Day Opt-Out. You may opt out of arbitration by sending a written notice to legal@maginestudios.com within 30 days of first accepting these Terms. Include your name, account email, and a clear statement that you are opting out of arbitration. Opting out does not affect your ability to use the services.
Venue & Governing Law. California law governs these Terms (without regard to conflicts rules). Arbitration seat and exclusive venue for non-arbitrable matters is Los Angeles County, California, except where applicable law requires otherwise. Nothing in this section prevents you from reporting a concern to a government agency or exercising rights that cannot be waived.

Termination

Changes to the Services or Terms

Miscellaneous

Assignment. You may not assign these Terms without our prior written consent; we may assign them.
Severability. If any provision is unenforceable, the remainder remains in effect.
No Waiver. Failure to enforce a provision is not a waiver.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control, including but not limited to, unavailability of connected AI models or partner/API failures.
Entire Agreement. These Terms (plus any policies referenced, including our Privacy Policy and any feature-specific terms) are the entire agreement between you and us regarding the Services.

Contact

General Support: support@magicstory.com
SMS Help: support@magicstory.com or text HELP to +1 (877) 849-6257
Phone: (323) 814-7101

Eligibility & Accounts

Purchasing; Pricing; Taxes

Shipping; Risk of Loss; Returns

Subscription Services (Magic Story+)

Digital Content & Credits License

Child Safety, Content Filtering, and Reporting

User Content, Inputs, and Outputs

Acceptable Use and Restrictions

Monitoring and Enforcement

Intellectual Property; DMCA

Third-Party Services & Open Source

Mobile Terms of Service (SMS/MMS)

Electronic Communications; E-Sign Consent

Disclaimer of Warranties

Limitation of Liability

Indemnification

Dispute Resolution; Arbitration; Class-Action Waiver

Termination

Changes to the Services or Terms

Miscellaneous

Contact

Terms of Service

Eligibility & Accounts

Purchasing; Pricing; Taxes

Shipping; Risk of Loss; Returns

Subscription Services (Magic Story+)

Digital Content & Credits License

Child Safety, Content Filtering, and Reporting

User Content, Inputs, and Outputs

Acceptable Use and Restrictions

Monitoring and Enforcement

Intellectual Property; DMCA

Third-Party Services & Open Source

Mobile Terms of Service (SMS/MMS)

Electronic Communications; E-Sign Consent

Disclaimer of Warranties

Limitation of Liability

Indemnification

Dispute Resolution; Arbitration; Class-Action Waiver

Termination

Changes to the Services or Terms

Miscellaneous

Contact