Terms of Service

Effective Date: August 31, 2025

1. Acceptance of Terms

By accessing and using MagicPhoto ("Service"), you accept and agree to be bound by the terms and provision of this agreement. MagicPhoto is an AI-powered photo editing platform that leverages Google's Nano Banana technology to provide advanced image generation and editing capabilities.

2. Description of Service

MagicPhoto is a comprehensive AI photo editor that utilizes the cutting-edge Nano Banana AI model to transform ordinary photos into professional, high-quality visuals. Our service includes:

• AI Image Generation: Powered by Nano Banana technology for photorealistic results
• Product Staging: Advanced AI product photography capabilities
• Background Replacement: Seamless environment transformation using Nano Banana
• Image Enhancement: Professional-grade editing powered by Nano Banana AI
• Commercial Licensing: Full commercial rights for generated images

3. User Accounts and Registration

To access certain features of MagicPhoto, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. Acceptable Use Policy

4.1 Permitted Uses

• Creating and editing images for personal and commercial purposes
• Using Nano Banana-powered features for legitimate business needs
• Generating content that complies with applicable laws and regulations

4.2 Prohibited Uses

You may not use MagicPhoto or Nano Banana technology to:

• Generate illegal, harmful, or offensive content
• Violate intellectual property rights
• Create content that infringes on others' privacy
• Attempt to reverse engineer or copy our Nano Banana implementation
• Use the service for any unlawful purpose

5. Intellectual Property Rights

5.1 Your Content

You retain ownership of images you upload to MagicPhoto. By using our service, you grant us a limited license to process your images through Nano Banana technology for service provision.

5.2 Generated Content

Images generated using MagicPhoto's Nano Banana technology are subject to our licensing terms:

• Free Tier: Personal use only
• Paid Plans: Full commercial licensing rights
• Attribution: No requirement to credit MagicPhoto or Nano Banana

5.3 Our Technology

MagicPhoto's implementation of Nano Banana technology, interface design, and proprietary features remain our intellectual property.

6. Payment Terms

6.1 Pricing

Our pricing reflects the advanced capabilities of Nano Banana technology:

• Free Tier: Limited access to Nano Banana features
• Pro Plan: Full access to all Nano Banana capabilities
• Enterprise: Custom Nano Banana implementation for large-scale use

6.2 Billing

• Payments are processed securely through Creem as our Merchant of Record
• Creem handles all payment processing, tax collection, and compliance
• Subscriptions auto-renew unless cancelled
• All pricing includes applicable taxes and fees

6.3 Refunds and Cancellations

• Refunds are processed through Creem's refund system
• Refund requests must be submitted within 30 days of purchase
• Refunds are subject to Creem's refund policy and processing times
• Cancellations take effect at the end of the current billing period

6.4 Tax and Compliance

• Creem acts as our Merchant of Record and handles all tax obligations
• Sales tax, VAT, and other applicable taxes are calculated and collected by Creem
• International sales are processed in compliance with local regulations

7. Privacy and Data Protection

Your privacy is paramount. We process your images through Nano Banana technology securely and in accordance with our Privacy Policy. We do not store your original images permanently.

8. Service Availability

While we strive for 100% uptime, MagicPhoto and Nano Banana technology may experience temporary outages for maintenance or updates. We will provide advance notice when possible.

9. Limitation of Liability

MagicPhoto provides access to Nano Banana technology "as is." We are not liable for:

• Any damages resulting from the use of Nano Banana-generated content
• Service interruptions or data loss
• Third-party actions or content

10. Termination

We may terminate or suspend your access to MagicPhoto and Nano Banana features immediately, without prior notice, for any breach of these Terms.

11. Changes to Terms

We may update these terms to reflect changes in Nano Banana technology or our service. Continued use constitutes acceptance of new terms.

12. Dispute Resolution

12.1 Arbitration Agreement

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Both parties agree to resolve disputes through individual arbitration rather than class actions or lawsuits.

12.2 Class Action Waiver

You agree that disputes between you and us will be resolved by binding arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

12.3 Governing Law

These terms are governed by the laws of the People's Republic of China, without regard to conflict of law principles.

13. Contact Information

For questions about these Terms of Service or our Nano Banana implementation:

Email: tushenmei@gmail.com
Service: MagicPhoto - The Easiest Way to Use Nano Banana
Address: Hangzhou, Zhejiang Province, China
Phone: +86 18460302390
Business Type: Individual Developer/Sole Proprietor

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MagicPhoto: Transforming photography with the power of Nano Banana technology since 2025.