Magic Thumbnail AI - Terms of Service

Last updated and effective date: [Aug 30, 2025]

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY MAGICTHUMBNAIL.AI. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MAGIC THUMBNAIL WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING MAGICTHUMBNAIL.AI) OR APPLICATIONS OFFERED FROM TIME TO TIME BY MAGIC THUMBNAIL IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

"The Site" refers to the website operated by Magic Thumbnail, including but not limited to magicthumbnail.ai, as well as any associated applications, services, features, content, and functionalities offered by Magic Thumbnail.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Magic Thumbnail. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Magic Thumbnail from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Magic Thumbnail may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using Magic Thumbnail, you agree that the Service is intended solely for the purpose of creating AI-generated thumbnail images for legitimate content creation purposes. You acknowledge and agree that when creating thumbnails featuring individuals, you must have their express written consent to use their photos and to create, train, and generate AI-generated images of them.

By using Magic Thumbnail to create thumbnail images, you confirm that you are over 18 years old (or the legal age in your country) and are not a politically exposed person, or you have obtained explicit written consent from any individual whose likeness you are using and confirm they are over 18 years old (or the legal age in their respective country, whichever is higher) and they are not a politically exposed person.

By using the Magic Thumbnail app, you agree that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country (whichever is higher), you are prohibited from using this app. It is your responsibility to ensure that you comply with your local laws regarding age restrictions for digital services.

Magic Thumbnail's thumbnail creation functionality is strictly for lawful and ethical purposes. By using the app, you agree NOT to create or distribute thumbnails that: 1) Impersonate real individuals without their explicit consent, 2) Engage in or promote scams, fraud, or other misleading activities, 3) Promote or sell illegal products, services, or content, 4) Engage in political campaigning, advocacy, or misinformation, 5) Produce deepfake content with the intent to deceive, defraud, or mislead others, 6) Create content that violates privacy or portrays individuals in a harmful or false light, 7) Distribute violent, hateful, or discriminatory content of any kind, 8) Create false imagery or content to breach people's accounts. You agree to only use the thumbnail creation functionality for positive and lawful purposes, such as but not limited to: 1) Creating legitimate thumbnails for video content, 2) Marketing campaigns that promote legal and ethical businesses, 3) Educational content thumbnails for personal or commercial use, 4) Any other purpose that complies with applicable laws and this TOS.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.

You agree to not use the Service for the purpose of generating nudes or pornography.

By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Magic Thumbnail's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Magic Thumbnail may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

DMCA and Takedowns Policy

Magic Thumbnail utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same.

Modification of Terms of Service

At its sole discretion, Magic Thumbnail may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Magic Thumbnail website or Service or by sending you an email. Magic Thumbnail may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Trademarks and Patents

All Magic Thumbnail logos, marks and designations are trademarks or registered trademarks of Magic Thumbnail. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Magic Thumbnail or their respective owners. Portions, features and/or functionality of Magic Thumbnail's products may be protected under Magic Thumbnail patent applications or patents.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Magic Thumbnail or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, Magic Thumbnail reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our Service.

By using the Services, you grant to Magic Thumbnail, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes Magic Thumbnail to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by Magic Thumbnail for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to Magic Thumbnail survives termination of this Agreement by any party, for any reason.

Fees and Payments

You agree that Magic Thumbnail provide you immediate access to digital content and begins service consumption immediately upon purchase, without the standard 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. The subscription will be automatically renewed for the same period of time after the agreed term. If you do not wish to renew your subscription in the end of the term, you should cancel prior to the renewal date of your subscription.

Magic Thumbnail offers a paid Service. You can sign up for a monthly or yearly subscription, that will automatically renew on a monthly or yearly basis. You can stop using the Service and cancel your subscription at any time through the website (click Billing). If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Magic Thumbnail reserve the right to change its prices and offering (like credits or models) at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Termination

Magic Thumbnail may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless Magic Thumbnail, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Magic Thumbnail reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Magic Thumbnail in connection therewith.

Limitation of Liability

IN NO EVENT SHALL MAGIC THUMBNAIL OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL MAGIC THUMBNAIL OR ITS OWNERS 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 USE OF THIS APPLICATION.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE MAGIC THUMBNAIL WEB APP AND ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services. No assurances are made as to the suitability of the Assets for you.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You and Magic Thumbnail agree that any and all disputes, claims, demands, or causes of action ("Claims") that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court's jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You agree that any claim or cause of action arising out of or related to these Terms, the Site, or any services provided must be filed within one (1) year after the event or facts giving rise to the claim or cause of action occurred. To the extent permitted by applicable law, any claims or causes of action not filed within this period are permanently barred.

Prohibition of Class and Representative Actions and Non-Individualised Relief.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Pre-Arbitration Dispute Resolution.

The Federal Arbitration Act fully applies to the Arbitration Agreement. The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found on the AAA's consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defence to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offer made by Magic Thumbnail or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party's Claim. The arbitrator's decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will take place in Georgia, US, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Small Claims Court.

Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.

Cost of Arbitration.

Payment of all filing, administration and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator's satisfaction that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator's award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

Confidentiality.

Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

Opt Out.

You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Claim. To reject this provision, you must send us an opt-out notice (the "Opt Out") within thirty (30) days after you first access the Site. The Opt-Out must be sent to the Magic Thumbnail Notice Address. The Opt-Out must include your name, phone number and the email address you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms and will have no effect on any other or future agreements you may reach to arbitrate with us.

Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Paragraph 2) above titled "Prohibition of Class and Representative Actions and Non-Individualised Relief" is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Paragraph 2 above, titled "Prohibition of Class and Representative Actions and Non-Individualised Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of Georgia, US in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts in Georgia, US, and you and Magic Thumbnail each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.

A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.