MAGICPHOTOBOOTH.PARTY

1. Introduction

Welcome to Magicphotobooth.party ("Company", "we", "our", "us")!

These Terms of Service ("Terms", "Terms of Service") govern your use of our website, magicphotobooth.party, and any associated services (collectively, the "Service"), operated by Robert Bouschery.

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard, process, and disclose information resulting from your use of the platform.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the Agreements.

If you do not agree to these Terms, please do not use the Service. You may contact us at support@magicphotobooth.party and we will attempt to find a solution.

These Terms apply to all visitors, hosts, guests, users, and anyone who accesses or uses the Service.

2. Description of Service

Magicphotobooth.party allows users ("Hosts") to create virtual photo booths ("Booths") that other users ("Guests") can access via a link. Guests can capture, upload, or submit images which may then be processed using AI filters, templates, effects, or overlays.

Features may include, but are not limited to:

Creating, customizing, and sharing virtual photo booths
Uploading or capturing images
Applying AI-generated filters and effects
Adding booth templates or custom overlays (logos, graphics)
Generating albums and hosting processed images
Storage for created or uploaded images for limited durations
Paid upgrades or add-ons including templates, image hosting, or extended storage

Some features may require one-time payments, subscription payments, or account registration.

Images are accessible via private but publicly reachable URLs (hard-to-guess links). Do not share booth links or image URLs unless you intend others to access them.

3. Communications

By using our Service, you agree that we may send you technical notices, updates, marketing communications, and product-related messages. You may opt out at any time by clicking the unsubscribe link or emailing support@magicphotobooth.party.

4. Purchases and Payments

Purchases may be processed through Stripe, Polar.sh, or other third-party payment providers. If you make a purchase, you may be asked to supply billing details including payment card information, billing address, and email.

By submitting payment information, you confirm:

You have the legal right to use the payment method.
The information provided is accurate and complete.

We reserve the right to refuse or cancel orders for reasons including:

Errors in pricing
Errors in product descriptions
Suspicion of fraud
Violations of these Terms

Refunds are handled case by case. If you believe a refund is justified, contact support@magicphotobooth.party.

5. Subscriptions

Certain parts of the Service may be billed on a subscription basis ("Subscription(s)"), with recurring billing cycles. Your subscription renews automatically unless cancelled.

If automatic billing fails, we may terminate or suspend access until payment is resolved.

6. Free Trials

We may offer optional Free Trials. If you enter billing information when signing up, you will only be charged after the trial ends, unless cancelled beforehand.

We may modify or cancel any Free Trial offer at any time.

7. Fee Changes

We may adjust subscription fees or pricing at any time. You will be notified in advance. Continued use of the Service after fee changes means you accept the new pricing.

8. Refunds

Refunds are not guaranteed and are evaluated on a case-by-case basis. Contact support@magicphotobooth.party to request a refund.

9. Content Ownership and Image Rights

9.1. User-Generated Content

Images uploaded or created by Hosts or Guests ("User Content") remain the property of the user who created or uploaded them.

You grant:

The Booth Host: a non-exclusive license to view, display, store, and manage the image inside their booth or album.
Magicphotobooth.party: a limited, revocable, non-exclusive license to process, display, host, store, and transmit the content solely for the purpose of operating the Service.

We do not claim copyright ownership over your photos.

9.2. Consent and Image Rights

By uploading or submitting images, you represent and warrant that:

All individuals depicted have given their consent.
No images of minors are uploaded without parental permission.
You possess all necessary rights to upload, reproduce, and modify the content.
No third-party rights are violated.

9.3. Storage Limits

Images may be stored on Supabase, AWS, or other hosting providers. Storage durations may be limited depending on your plan or payment tier.

Hosts can delete images at any time. Deleted images may persist in backups for a limited time.

10. AI Processing and Disclaimer

The Service uses AI image processing technologies, including models from Google Gemini and others. AI outputs may:

Be inaccurate or distorted
Produce unexpected or undesirable results
Contain artifacts or visual inconsistencies
Fail to accurately represent real-world appearances

You acknowledge that:

AI results are provided "as is"
Magicphotobooth.party is not responsible for any harm caused by AI-generated imagery
You must not upload or generate images that violate someone's rights or privacy

11. Prohibited Uses

You agree NOT to use the Service to:

Illegal or Harmful Content

Generate or upload content that violates U.S. or German law
Depict illegal activities
Upload explicit or pornographic content, including excessive nudity
Create deepfakes or impersonations of non-consenting individuals
Harass, exploit, or harm any person
Upload images of minors without parental consent

Technical Abuse

Attempt to disrupt or overload the Service
Bypass security mechanisms or access controls
Upload malware, viruses, or harmful scripts
Engage in scraping, automated access, or reverse engineering

Misuse of Service

Sell or redistribute AI-generated content in violation of rights
Misrepresent AI outputs as real photographs
Use the Service for political persuasion or illegal advertising

We may suspend or terminate your account for violating these rules.

12. Accounts

To create a booth, a user must be at least 18 years old.

Guests who are minors may only use the Service under parental supervision.

You are responsible for safeguarding your password and account credentials.

You must notify us of any unauthorized use.

We may refuse service, terminate accounts, or remove content at our discretion.

13. Analytics

We may use third-party providers to monitor and analyze usage patterns.

14. Intellectual Property

All original features, code, branding, and Services offered by Magicphotobooth.party are protected by copyright, trademark, and applicable laws.

15. Copyright Policy (DMCA)

If you believe that your copyright has been infringed, contact us at support@magicphotobooth.party with a valid DMCA notice as described in 17 U.S.C. § 512(c)(3).

16. AI Safety and Liability Disclaimer

You agree that:

The Service is provided "as is" and "as available"
We do not guarantee uninterrupted or error-free operation
We are not responsible for any damages caused by:

AI hallucinations
Incorrect or offensive AI outputs
Misuse of generated images
Loss of data
Service outages
Third-party model providers

To the fullest extent permitted by law, Magicphotobooth.party disclaims all warranties.

17. Limitation of Liability

To the maximum extent permitted under applicable law:

Magicphotobooth.party, its owner, employees, and agents shall not be liable for:

Indirect, incidental, punitive, or consequential damages
Loss of profits, data, goodwill, or reputation
Any damages arising from misuse of the Service
Any liability exceeding the total amount you paid to Magicphotobooth.party in the previous 12 months

18. Termination

We may terminate or suspend accounts or booths without prior notice if:

These Terms are violated
Illegal or harmful content is detected
Payment fails
Activity is deemed abusive or risky to the platform

You may discontinue use at any time.

Provisions relating to ownership, liability, IP rights, and warranties survive termination.

19. Governing Law

These Terms are governed by the laws of Germany without regard to conflict-of-law rules.

If any provision is found unenforceable, the remaining terms remain in full effect.

20. Changes to Service

We may modify, discontinue, or restrict access to any part of the Service at any time.

21. Amendments to Terms

We may update these Terms at any time by posting the revised version. Continued use of the Service constitutes acceptance of the new Terms.

22. Waiver and Severability

No waiver of these Terms is considered a continuing waiver unless explicitly stated.

If any provision is found invalid, the rest of the Terms remain in full force.

23. Contact Us

For questions, support, or legal notices, contact:

Magicphotobooth.party – Terms of Service