TERMS OF USE

Last updated: August 20, 2026

These Terms of Use (the "Terms") are a legally binding agreement between you and Sumcloud Inc. ("Magikaru", "we", "us" or "our") governing your access to https://magikaru.com and the related applications, APIs and services we provide (collectively, the "Service").

By accessing or using the Service, you confirm that you have read and agree to these Terms, our Privacy Policy, and, for purchases, our Refund & Cancellation Policy. If you do not agree, do not use the Service.

1. The Service

The Service is an AI-assisted visual creation and collaboration platform. It may allow you to upload or create images, videos, audio, text and other files; submit prompts and parameters; generate or transform media using first-party or third-party AI models; and organize, version, share and collaborate on creative assets through projects, workspaces and a visual canvas.

Features, models, limits, prices and availability may change. Some features may be identified as beta, preview or experimental.

2. Eligibility and Authority

You must be at least 18 years old and at least the age of legal majority where you live.
You must have legal capacity to enter into these Terms and may not use the Service if applicable law prohibits you from doing so.
If you use the Service for an organization, you represent that you have authority to bind it. "You" then includes that organization.

3. Accounts and Workspaces

You must provide accurate information, keep it current, protect your credentials and promptly notify us of suspected unauthorized access.
You are responsible for activity under your account, except to the extent caused by our breach of these Terms or applicable law.
Workspace owners and administrators may invite or remove members, manage permissions, and access or control content within their workspace. Your relationship with an organization or its administrator is separate from your relationship with us.
You may not sell, transfer, share or misuse an account or access credential.

4. User Content

"User Content" means prompts, images, videos, audio, text, data, files, project materials and other content you upload, submit, create, transmit or make available through the Service. "Output" means content generated or transformed by the Service in response to User Content or your instructions.

4.1 Your Rights and Responsibilities

As between you and us, you retain your rights in User Content. You represent and warrant that:

you own User Content or have all rights, licenses, permissions and consents needed to submit and process it;
your use of User Content and Outputs will not violate intellectual-property, privacy, publicity, biometric, contractual or other rights; and
User Content and your use of the Service comply with these Terms, our published policies and applicable law.

Do not upload content depicting or identifying another person unless you have a lawful basis and all permissions required for the way you ask us to process it.

4.2 License Needed to Provide the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, modify, create derivative works from and otherwise process User Content only as reasonably necessary to:

provide the features and Outputs you request;
store, display, share or collaborate on content at your direction;
maintain, secure, moderate, troubleshoot and support the Service;
comply with law and enforce these Terms; and
improve the reliability and operation of the Service in accordance with our Privacy Policy.

This license includes the right to allow our affiliates and service providers, including third-party AI model and infrastructure providers, to perform those activities for us. It ends when User Content is deleted from our systems, except to the extent limited copies remain under the retention rules in our Privacy Policy or the content has been shared with others at your direction.

4.3 Shared and Public Content

Content is private by default only where the relevant feature says it is private. If you invite collaborators, share a link, publish content or use a public feature, the recipients may view, copy, download or redistribute that content. Review permissions before sharing. We are not responsible for copies lawfully made by others outside the Service.

5. Acceptable Use and Safety

You must not use the Service to upload, create, request, distribute or facilitate content or activity that:

sexually exploits or endangers a minor, or depicts a minor in a sexual or otherwise abusive context;
creates or distributes non-consensual intimate content, sexual deepfakes, or content depicting a real person without the rights and verifiable consent required by law;
is unlawful, fraudulent, defamatory, threatening, harassing, hateful, violent, abusive, or promotes terrorism, self-harm or criminal activity;
infringes or misappropriates intellectual-property, privacy, publicity or other rights;
impersonates another person, deceives people about the synthetic nature or source of content where disclosure is legally required, or is used for fraud or identity abuse;
contains malware, attempts unauthorized access, interferes with the Service, circumvents safety or usage controls, scrapes the Service without permission, or imposes an unreasonable load;
reverse engineers models or protected parts of the Service except where the restriction is prohibited by law; or
violates the usage policy of a model or service provider used to complete the request.

The availability of a feature does not mean every use of it is permitted. We may use automated or human review, block requests or Outputs, remove content, preserve evidence, or restrict accounts to enforce safety and legal requirements. You may report suspected violations to info@sumcloud.com.

6. AI Outputs and Usage Rights

Variable results. Outputs are generated algorithmically and may be inaccurate, incomplete, offensive, biased, unsuitable or different from what you expected. Review Outputs before relying on, publishing or using them.
No uniqueness guarantee. Other users may receive identical or similar Outputs. We do not represent that an Output is unique or that it will not resemble third-party material.
Plan-based usage rights. Free-plan Outputs are licensed for personal, non-commercial use unless the applicable plan states otherwise. Paid plans include the personal-use rights and any additional commercial-use rights expressly shown for that plan when you purchase it or generate the Output. Payment alone does not grant rights that are not stated for the applicable plan.
Rights we may hold. Subject to the applicable plan, to the extent we own transferable rights in an Output created specifically for you, we grant or assign those rights to you. This does not transfer rights in our Service, models, software, trademarks, third-party material or User Content belonging to someone else.
Legal uncertainty. An Output may not qualify for copyright or other protection, and we do not guarantee that you can register, own, exclude others from using, or commercially exploit it in every jurisdiction.
Your responsibility. You are responsible for evaluating an Output, obtaining any clearance or permission needed, providing legally required AI disclosures, and ensuring your use is lawful and does not infringe third-party rights.

7. Third-Party Models and Services

The Service may route requests to third-party AI, hosting, storage, payment, authentication, analytics or other providers. Your content may be transmitted to those providers as described in our Privacy Policy. Provider-specific terms, content rules and technical limits may apply.

We do not control third-party services and are not responsible for their independent acts, outages or changes. If you connect your own provider account or API key, you are also responsible for your agreement, charges and data relationship with that provider.

8. Fees, Credits, Subscriptions and Refunds

8.1 Prices and Payment

You agree to pay the prices, taxes and fees shown at checkout. You authorize us and the applicable payment provider to charge your selected payment method. Prices and plan features may change prospectively; changes do not retroactively alter a completed purchase.

8.2 Credits and Generation Charges

Credits are a limited, non-transferable license to use eligible Service features. They are not money, stored value or property, have no cash value, and may not be resold or transferred unless we expressly allow it.

Credit estimates may vary with the selected model and parameters. Credits are consumed when a task is accepted or processed under the pricing shown for that task. If a task fails before delivering a usable result because of a verified Service or provider failure, the Service may automatically restore the applicable credits. A credit restoration is not a cash refund.

8.3 Subscriptions and Cancellation

If you buy an auto-renewing subscription, you authorize recurring charges at the disclosed interval until cancellation. You may cancel using any cancellation method made available in the Service or payment-provider portal, or by contacting info@sumcloud.com. Unless stated otherwise at cancellation, access continues through the current paid period and cancellation stops future renewals.

8.4 Refunds

Cash refunds, cooling-off periods, renewal charges, unused credits and payment disputes are governed by our Refund & Cancellation Policy. Except where that policy or applicable law provides otherwise, completed purchases and consumed credits are non-refundable. Nothing in these Terms limits a mandatory consumer right.

9. Our Intellectual Property

The Service, software, models we own, interfaces, documentation, trademarks, logos and other materials we provide are owned by us or our licensors and protected by law. Except for the limited right to use the Service under these Terms, no rights are granted to you. Feedback you voluntarily provide may be used without restriction or compensation, but we do not acquire ownership of your User Content merely because it contains feedback.

10. Copyright Complaints

If you believe material available through the Service infringes your copyright, send a notice to info@sumcloud.com with the subject "Copyright Notice" and include:

your physical or electronic signature;
identification of the copyrighted work claimed to be infringed;
identification and location of the allegedly infringing material;
your contact information;
a statement of your good-faith belief that the use is not authorized; and
a statement, under penalty of perjury, that the notice is accurate and that you are the rights holder or authorized to act for the rights holder.

If material you submitted was removed by mistake or misidentification, you may send a legally valid counter-notice containing the information required by applicable law. We may provide notices and counter-notices to the affected parties and may terminate repeat infringers where appropriate.

11. Privacy

Our Privacy Policy explains how we collect, use, disclose and retain personal data. You must not use the Service to collect or process another person's personal data unlawfully.

12. Service Changes and Availability

We may add, change, suspend or discontinue features, models or integrations. We will provide notice where required by law or where a change materially affects a paid subscription. We do not guarantee uninterrupted, secure or error-free operation, permanent storage of content, or continued availability of any particular provider or model. Keep independent backups of important content.

13. Suspension and Termination

You may stop using the Service at any time and may delete your account through available settings. We may suspend or terminate access if we reasonably believe you violated these Terms, created risk or harm, failed to pay, or if required by law or a provider.

Where practicable, we will provide notice and an opportunity to export content, unless doing so could cause harm, compromise security, violate law or defeat an enforcement action. On termination, your right to use the Service ends. Sections that by their nature should survive—including ownership, payment obligations, disclaimers, liability, indemnity and dispute terms—will survive.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUTPUTS ARE ACCURATE, UNIQUE, LAWFUL, NON-INFRINGING OR FIT FOR YOUR INTENDED USE.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.

These limits do not apply where prohibited by law, including liability that cannot be limited for fraud, willful misconduct, death or personal injury.

16. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents from claims, losses, liabilities and reasonable expenses (including legal fees) arising from your User Content, your use of Outputs, your violation of these Terms, or your violation of law or third-party rights. This section does not apply to the extent a claim was caused by us, and it may not apply to consumers where prohibited by law.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict-of-law rules. Mandatory consumer protections in your country of residence remain unaffected.

Informal resolution. Before filing a claim, each party agrees to contact the other and try in good faith to resolve the dispute for at least 30 days.

Individual arbitration. Except for eligible small-claims matters, requests for public injunctive relief where arbitration cannot lawfully be required, or disputes concerning intellectual-property rights, disputes arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The seat of arbitration is Seattle, Washington. Arbitration will be conducted only on an individual basis; class, collective and representative proceedings are waived to the maximum extent permitted by law.

Court venue. A dispute not subject to arbitration must be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to their jurisdiction, except where applicable consumer law permits you to bring a claim elsewhere.

18. Changes to These Terms

We may update these Terms to reflect changes to the Service, our practices or law. We will post the revised Terms and update the "Last updated" date. If a change materially reduces your rights, we will provide additional notice where required. Changes apply prospectively from their effective date; continuing to use the Service after that date means you accept the revised Terms where permitted by law.

19. General

These Terms and the policies incorporated into them are the entire agreement about the Service. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, merger, acquisition or asset transfer. There are no third-party beneficiaries except as expressly stated.

20. Contact

Questions, legal notices and informal dispute notices may be sent to:

Company: Sumcloud Inc.
Address: 300 Lenora Street #683, Seattle, WA 98121, USA
General inquiries: info@sumcloud.com
Business inquiries: sales@sumcloud.com
Website: https://magikaru.com