MAGNIFIC
Tutorials FAQUpscale or transform an image

TERMS OF SERVICE

Last update: December 8th, 2023

According to current regulations, the provision of digital services requires the user to explicitly accept the purchase conditions. I will detail them below.

Contact. Owners: Generative Suite S.L., hereinafter referred to as the "Service Provider". Email: [email protected].

The Service: the different products listed at https://magnific.ai (Upscaler, AI Tutorials), hereafter referred to as "Magnific" or "The Service". These terms apply to Magnific and any other of Magnific sites and apps on any platform, and/or any of its online or offline properties.

By accessing and using the services, you agree to be bound by the terms and provisions of this agreement. Additionally, by using these particular services, you will be subject to any corresponding rule or usage guide that has been posted for such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to comply with the foregoing, please do not use it. In accordance with Article 10 of the Law of Services of the Information Society and Electronic Commerce (hereinafter, LSSI), this information must be provided in a mandatory, permanent, easy, direct and free manner.

Users's age: the Client declares to be of legal age in accordance with regulations (18 years old), and that they have the necessary legal capacity to be bound by this contract. Likewise, the Client declares that all information provided to contract the Program and access the digital services and content included in the Program is complete, authentic, truthful, and up to date.

All content on our website, including text, images, graphics, logos, and software, is the property of our company or its licensors and is protected by copyright and other intellectual property laws. You may not use any content on our website for any commercial purpose without obtaining express written permission from us. You may not modify, reproduce, distribute, republish, display, post, or transmit any part of the website in any form or by any means without our prior written permission.

But, using the upscaler and enhancer provided in the website, you can generate your own images using AI and use them freely in your own commercial on non commercial projects.

Magnific accepts no liability or responsibility to any person or organisation as a consequence of any reliance upon the information contained in its sites like Magnific and any other of its sites and properties.

To the full extent permitted by applicable law, you agree that in no event shall Magnific be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Magnific has been advised of the possibility of such damages) arising out of or in connection with (a) Magnific or this Agreement or the inability to use Magnific (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on Magnific, (c) your use of Magnific or transportation to or from Magnific events, attendance at Magnific events, participation in or exclusion from Magnific groups or Magnific events and the actions of you or others at Magnific events, or (d) any other matter relating to Magnific. Our liability to you or any third parties in any circumstance is limited to the greater of $10 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability.

Every effort is made to provide information that is accurate. However, materials contained in Magnific websites, apps, and its properties are subject to change at any time by appropriate action of Magnific. We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.

Copyright in Magnific websites, apps, and its properties rests with Magnific unless otherwise stated.

Delayed Transactions. In the event a User Payment Method was declined. Magnific may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within a few days of the User first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction.

The information posted on our websites and apps should not be considered legal, financial or other advice and is not intended to replace consultation with a qualified professional or specific written confirmation from Magnific. We do not answer specific legal or financial questions.

Magnific websites, apps, and its properties is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and Magnific reserves the right to make changes to the information contained.

The user assumes all responsibility and risk for the use of Magnific websites, apps, and its properties and the Internet generally. We accept no liability or responsibility to any person or organisation as a consequence of any reliance upon the information contained in this site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining Magnific websites, apps, and its properties be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website/app and/or any other websites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the website/app; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorized access. States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

Magnific SOFTWARE, APPS, WEBSITE, AND ANY OF ITS OTHER PROPERTIES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, OWNERS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH Magnific SOFTWARE, APPS, WEBSITE, AND ANY OF ITS OTHER PROPERTIES OR THE USE OR OTHER DEALINGS IN Magnific SOFTWARE, APPS, WEBSITE, AND ANY OF ITS OTHER PROPERTIES.

Visitors agree to use the website/app only for lawful purposes and are prohibited from posting on the website/app any unlawful, harmful, threatening, abusive, harassing, defamatory, or ilegal material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in any forum area will list the author’s name and institution - no anonymous postings will be permitted.

We may modify these terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to these terms, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised terms. If you do not wish to accept the revised terms, you can close your account.

We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.

Unless otherwise stated, reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.

Any information on Magnific websites, apps, and its properties may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

You agree to observe and maintain the confidentiality of all security features relating to use of the website/app (including login by email links, access arrangements etc) as notified. Magnific will not be liable for any unauthorised breach or disclosure of the security features.

When providing feedback (e.g. by identifying any errors or problems in the operations of Magnific and its services) through any medium (e.g. the feedback form, email or any other medium), you acknowledge and agree that all feedback will be the sole and exclusive property of Magnific. You hereby assign to Magnific and agree to assign to Magnific all of your right and interesting in and to all feedback, including all intellectual property rights therein.

You may not use our website/apps in any way that could damage, disable, overburden, or impair the website/apps or interfere with any other party's use and enjoyment of the website/apps. You may not attempt to gain unauthorized access to the website/apps or any account, computer systems, or networks connected to the website/apps, through hacking, password mining, or any other means.

You may not use Magnific to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, or unlawful content.

You agree to indemnify Magnific (its employees and agents) for any loss suffered or liability incurred by Magnific (its employees and agents) arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.

Magnific does not guarantee constant availability of website or apps application access and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).

Magnific may contain links to third-party websites/apps that are not owned or controlled by our company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites/apps. We strongly advise you to review the terms of service and privacy policy of any third-party website/apps that you visit.

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

Ownership of Magnific: Generative Suite S.L.; Postal address: Calle Ortega y Gasset, 9. Edificio Iberdrola. 6a Planta (Regus). 30009, Murcia, Spain; Email address: [email protected]

Jurisdiction and Applicable Law. This Legal Notice is governed by Spanish legislation. Users of The Service submit to the Spanish jurisdiction, expressly waiving any other jurisdiction that may correspond to them under the law.

We reserve the right to update and change these Terms of Service at any time without notice. Any new features or tools that are added to Magnific shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We encourage you to review these terms regularly. Your continued use of Magnific after any changes or updates to the Terms of Service constitutes your acceptance of such changes.

Copyright and Trademark

Thank you for using the Magnific platform (the “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.

Rights You give to Magnific

We need certain rights to be able to process your images. By using the Services, You grant to Magnific, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display (if you set your creation as "Public"), sublicense, and distribute text (if you set your creation as "Public"), and image prompts You input into the Services, or Assets produced by the service at Your direction. This license survives termination of this Agreement by any party, for any reason.

Your Rights

Subject to the above license, You own full copyright all Assets You create with the Services, provided they were created in accordance with this Agreement. This excludes upscaling the images of others, which images remain owned by the original Asset creators. Magnific makes no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership.

Please note: Magnific is an open community which allows others to use and remix Your images and prompts whenever they are posted with a PUBLIC setting by You. But by default, Your images are PRIVATE and not viewable and/or remixable. Your creations inside Magnific will only be viewable and/or remixable if you set them as "Public".

Subscriptions

Monthly Renewal:

  • Unused monthly Tokens does not roll over.
  • Tokens are automatically replenished when the subscription is renewed.

Switch Plans

To get more tokens, upgrade your plan at any time in the Upgrade section. When upgrading, the upgrade will be effective immediately. You will be offered a prorated price based on the usage of the plan you are upgrading from. Downgrades are always effective at the end of the current billing cycle.

Cancellation

Go to Upgrade section to cancel a subscription at any time. Cancellations are effective at the end of the current billing cycle. Your Tokens will be set to zero at the end of the current billing cycle.

Refunds

Magnific provides you immediate access to a digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately.

Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.

Magnific tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.

Privacy Policy

What is the purpose of processing your personal data? We process the information provided by users for the following purposes: to manage your account and provide the service contracted by Magnific clients; to allow access to the private section of Magnific when logging in; in order to manage the sending of requested information; to provide users with offers of products and services directly related to Magnific; and to improve the user experience. Emails will be sent with the login details of the client after a purchase on Magnific (so the clients can login to the service). Emails will be sent also about Magnific updates and tutorials teaching how to use Magnific.

Data Controller: Generative Suite S.L.; Postal address: Calle Ortega y Gasset, 9. Edificio Iberdrola. 6a Planta (Regus). 30009, Murcia, Spain; Email address: [email protected]

Likewise, we inform you that the processing of data does not involve marketing automated decisions, nor the creation of profiles for predictive purposes of personal preferences, behaviors or attitudes.

Data retention: for the duration of our business relationship and the time legally established.

Your data will not be transferred to other national and/or international controllers, except in cases where there is a legal obligation to do so. Your data will be kept for as long as our contractual relationship is in force. Once the maximum legally established retention periods have elapsed, your data will be deleted.

Data subject rights: access, rectify and erase data regarding the person, object to the processing of data, request limitation of processing, or data portability. We would like to inform you that you can exercise your rights of access, rectification, opposition, erasure, restriction, and portability, as well as your decision not to be subject to individual automated decisions, by contacting the Data Controller via email at [email protected].

Cookies policy

Our website uses cookies to improve the user experience. Cookies are small text files that are stored on your device and allow us to collect data about your activity on the site.

We use cookies to improve the functionality of the site and make your navigation easier and faster. We also use cookies to collect statistical data on the use of the site and to customize the content shown to users.

If you do not want cookies to be used on your device, you can change the settings of your browser to block or delete cookies. However, please note that this may affect the functionality of the site and the browsing experience. Cookies we are using:

  • Strictly necessary cookies: purecookieDismiss (Save the information on the status of acceptance of cookies. Necessary for the proper functioning of the web).
  • Analytical cookie: __gsas, _ga_GMVSXDG494, _ga (Google Analytics: provides information on user behavior for statistical purposes and improvement of the platform. Google Analytics 4 does not log or store IP addresses).

User behavior

We reserve the right to permanently ban any user from our websites for behavior that goes against our guidelines. We will be the sole judge of guidelines violations and we do not offer appeals or refunds in those cases.

By using Magnific, you agree to not promote your website, application, app, software, product, business or yourself by posting links to them, or posting messages to direct users to them, on any of Magnific sites or apps. Magnific reserves the right to terminate your account and keep your membership fee as a fine.

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