Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Magic Cartoon Avatar(“we”, “us”) governing your use of www.magicyoyoyo.com(the “Service”).

By creating an account, generating an avatar or purchasing credits, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

The Service uses artificial intelligence to turn a photo you upload into a cartoon-style avatar. You choose one of the available styles, and each generation costs one credit.

Results are produced by an automated AI model and vary from photo to photo. We do not review results before they are shown to you.

• You must provide accurate information and keep your login credentials confidential.
• You are responsible for everything that happens through your account. Contact us immediately if you believe it has been compromised.
• You must be at least 13 years old, or older if your country sets a higher age of digital consent (16 in some countries).
• One account is for one person. Do not share an account to circumvent credit or rate limits.

• One credit = one avatar generation. You can choose any of the available styles without paying more.
• New accounts may receive a small number of free credits so you can try the Service. Free credits have no cash value.
• Credit packs are one-time purchases. There is no subscription and nothing recurring to cancel.
• Credits never expire. They are personal to your account, cannot be transferred to someone else, and have no cash value outside this Service.
• Prices are shown in US dollars on the pricing page before you pay. We may change prices for future purchases; credits you have already bought are not affected.
• Credits are only deducted when a generation succeeds. If the AI fails to produce your avatar, you are not charged.

• Unused credits. You may request a refund for credits you have not used within 14 days of purchase. Refunds are returned to your original payment method through our payment provider.
• Used credits. Credits that have already been spent on generations cannot be refunded — the digital content has been delivered and consumed.
• If something breaks on our side. If you are charged but receive no avatar, or you cannot access a purchase, contact us and we will restore the credits or refund you.
• How to request. Email jk3m11@gmail.com from the address on your account, including your payment reference. We aim to answer within a few business days.

If you are a consumer in the EU, UK or another jurisdiction with statutory withdrawal rights: by purchasing credits you ask us to begin performing the service immediately. By using credits, you acknowledge that you lose the right of withdrawal for the credits already consumed. Nothing in these Terms limits rights you have under mandatory local consumer law, including your right to a remedy when a digital purchase is faulty.

You keep the rights to your photos. Uploading a photo does not transfer ownership of it to us.

To operate the Service, you grant us a limited licence to store the photo you upload, transmit it to our AI processing provider, and hold the resulting avatar alongside it — solely so that we can generate your avatar, show it to you and let you download it. That licence ends when you delete the content or close your account, apart from copies we must keep for legal or backup purposes.

As between you and us, the avatars generated from your photo are yours — you may use them for personal or commercial purposes, including as your profile picture, on merchandise or in your own content. We do not claim ownership of them.

One honest caveat: the copyright status of AI-generated images is still unsettled in many countries. We therefore cannot promise that an avatar is copyrightable, or that you could register or enforce rights in it — but we will not claim rights in it ourselves.

You confirm that you own the photo you upload, or that you have permission from the person in it to use it for this purpose, and that doing so does not infringe anyone else’s rights. Do not upload photos of other people without their consent, and do not upload photos of children.

You can delete any creation or your whole history at any time from My Creations, or by asking us.

You agree not to use the Service to:

• upload a photo of someone else without their permission, or a photo of anyone under 18;
• create content involving public figures, celebrities or private individuals that could mislead, defame, impersonate, imply an endorsement or be used to deceive anyone;
• create or share anything illegal, sexual, pornographic, sexually suggestive involving real people, violent, hateful, harassing, discriminatory or defamatory;
• bypass or attempt to bypass credits, rate limits, access controls or any other security measure, including automated or bulk requests;
• scrape the Service, resell or white-label it, or use it to build a competing product or a training dataset, without our written permission;
• infringe anyone’s intellectual property, privacy or other rights.

If you breach these rules we may remove the content involved and suspend or terminate your account. Where the breach is serious (for example, unlawful imagery or attempts to defraud the credit system), we may do so immediately and without a refund.

• Results come from a probabilistic AI model. They can be imperfect, may not resemble you exactly, and may contain visual artefacts.
• We cannot guarantee a particular result or that you will like it. You are free to generate again — each generation costs one credit.
• Do not rely on avatars for identification, official documentation, age or identity verification, or any safety-critical purpose.
• Styles, and the underlying AI models, may change or be retired over time as the technology develops.

The Service relies on third-party providers, including our AI processing provider, our database and authentication provider, our hosting provider, our payment provider and our analytics provider. Their services are governed by their own terms, and their availability is outside our control. The Privacy Policy lists who they are and what they receive.

The Service itself — the website, its design, its software, our name and logo, and the collection of AI styles we offer — belongs to us or our licensors and is protected by intellectual property law. These Terms give you a personal, non-exclusive, non-transferable right to use the Service; they do not transfer any ownership of it to you.

We aim to keep the Service available, but we do not promise uninterrupted access. We may modify, add or remove features, styles or credit packs. Individual AI models can be deprecated by our provider, and occasionally generations may fail or take longer than usual.

If we discontinue the Service altogether, we will give reasonable advance notice on this site and, where possible, offer a refund for unused credits.

You may stop using the Service at any time and ask us to close your account. We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or to protect the Service or other users. Where a breach is not serious, we will normally warn you first and give you the chance to fix it.

If we terminate your account for a serious breach, unused credits are forfeited. If we terminate for any other reason, or if you close your account in good standing, you may ask us to refund any unused credits.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that any AI-generated result will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in this section is intended to limit any right you have that cannot legally be limited.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, lost goodwill or business interruption arising from your use of the Service.

Our total aggregate liability for all claims relating to the Service is limited to the greater of: (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) US$50.

Nothing in these Terms excludes or limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be excluded.

These Terms are governed by the laws of the jurisdiction in which the Operator is established, without regard to conflict of law rules. You and we agree to submit disputes to the exclusive jurisdiction of the courts located in the Operator's place of establishment, except that either of us may seek relief in any court with competent jurisdiction to protect intellectual property or prevent unlawful use.

If you are a consumer, this section does not deprive you of the protection of the mandatory consumer law of the country where you live, or of your right to bring proceedings there.

We may update these Terms as the Service changes. The effective date at the top of this page will be updated, and for significant changes — for example, changes to pricing rules, credits or refunds — we will give notice by email or in the app before the change takes effect. Continuing to use the Service after that means you accept the updated Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.