Terms of Service
Last updated: [To be determined]
Terms of Service
Effective Date: [DATE - To be added at publication]
Last Updated: [DATE - To be added at publication]
Introduction
Welcome to Magic Doodle Books! These Terms of Service ("Terms") constitute a legally binding agreement between Magic Doodle Books ("we," "us," or "our") and you ("you" or "your") governing your access to and use of our website at magicdoodlebooks.com (the "Website") and our personalized coloring book services (collectively, the "Service").
Please read these Terms carefully before using our Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Service.
I. ACCEPTANCE OF TERMS
A. Agreement to Terms
By creating an account, placing an order, or otherwise accessing or using the Magic Doodle Books website or services, you agree to be bound by:
- These Terms of Service
- Our Privacy Policy (available at magicdoodlebooks.com/privacy)
- Our Refund Policy (available at magicdoodlebooks.com/refund-policy)
These documents are incorporated by reference and together constitute the entire agreement between you and Magic Doodle Books. If you do not agree to all of these terms, you may not use our Service.
B. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the Website with an updated "Last Updated" date. We will make reasonable efforts to notify registered users of material changes via email to the address on file.
Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Service immediately.
C. Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Magic Doodle Books regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral.
II. ELIGIBILITY AND ACCOUNT REQUIREMENTS
A. Age Requirement
You must be at least 18 years of age to use this Website and Service. By using the Service, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding contract under applicable law
- You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction
Minors under the age of 18 may not create accounts, upload photos, or place orders on the Website. If we discover that a minor has provided personal information, we will delete that information and terminate the account immediately.
B. Account Registration
While browsing our Website does not require an account, placing an order requires you to provide accurate information during checkout. You agree to:
- Provide accurate, current, and complete information during the order process
- Maintain and promptly update your information to keep it accurate and current
- Keep your account credentials (if any) secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account at support@magicdoodlebooks.com
You may not:
- Create more than one account for yourself without our permission
- Use another person's account without authorization
- Share your account credentials with others
- Create an account using false or misleading information
- Create an account for fraudulent or illegal purposes
C. Account Termination
Termination by Us: We reserve the right to suspend, disable, or terminate your account and refuse any current or future use of the Service at our sole discretion if:
- You violate these Terms or any applicable law
- You engage in fraudulent activity, including credit card fraud or chargeback abuse
- You upload prohibited content as defined in Section IV.B
- You engage in abusive, harassing, or threatening behavior toward our staff or other users
- You repeatedly initiate chargebacks for valid orders
- You violate the intellectual property rights of others
- You attempt to circumvent security measures or access controls
- You engage in any conduct that we reasonably believe is harmful to other users, third parties, or our business
Termination by You: You may close your account at any time by contacting us at support@magicdoodlebooks.com. Please note that:
- Account closure does not affect orders already in progress or completed
- You remain responsible for any outstanding payment obligations
- Certain information may be retained as required by law or our data retention policies (see our Privacy Policy)
Effect of Termination: Upon termination of your account:
- Your right to use the Service immediately ceases
- We may delete your account data, uploaded photos, and order history (except as required for legal or accounting purposes)
- You remain liable for all obligations incurred prior to termination
- We are not liable to you or any third party for termination of your account
III. PRODUCT DESCRIPTION AND ORDERING
A. Service Description
Magic Doodle Books creates personalized, custom coloring books featuring your family members and pets as cartoon characters in themed adventure scenes. Our service process includes:
- Photo Upload: You upload 2-10 photos of the people or pets you want featured in the book
- Theme Selection: Choose from our available themed adventures (currently offering Christmas Adventure, with additional themes coming soon)
- AI Generation: Our artificial intelligence technology generates custom coloring book illustrations where your loved ones become characters in the story
- Professional Review: Our team reviews and approves all scenes to ensure quality
- Print & Delivery: Your personalized book is professionally printed and shipped to your address via our print-on-demand partner, Lulu.com
B. Product Tiers and Pricing
We offer three product tiers, each providing a different number of unique coloring pages:
| Tier | Page Count | Unique Scenes | Price (USD) |
|---|---|---|---|
| Standard | 24 pages | 20 unique scenes | $19.99 |
| Deluxe | 32 pages | 28 unique scenes | $24.99 |
| Premium | 50 pages | 46 unique scenes | $39.99 |
Additional details:
- All prices are in U.S. dollars (USD)
- Prices include standard shipping within the United States
- All books are coil-bound for easy coloring
- Pricing is subject to change; the price at the time you place your order governs your purchase
- Sales tax may apply based on your shipping address and will be calculated at checkout
C. Customization Process
To create your personalized coloring book, you will:
- Select Theme: Choose from available themes (currently: Christmas Adventure)
- Select Tier: Choose Standard, Deluxe, or Premium based on the number of scenes you want
- Upload Photos: Upload 2-10 high-quality photos (minimum 800x800 pixels recommended; 1000x1000 pixels or higher preferred for best results)
- Provide Personalization: Enter the name you want displayed on the book cover
- Review Order: Confirm your selections and shipping information
- Payment: Complete payment securely via Stripe
Photo Quality Guidelines:
For the best results, upload photos that:
- Are clear, well-lit, and in focus
- Show faces clearly (for people) or full body (for pets)
- Have good resolution (at least 800x800 pixels; 1000x1000 pixels or higher preferred)
- Are not heavily filtered, edited, or distorted
- Show subjects facing forward or at a slight angle (profile shots may not work as well)
While our AI technology can work with a variety of photo types, higher quality photos will produce better results in your coloring book.
D. Order Acceptance and Cancellation
Placing an Order: When you place an order through our Website, you are making an offer to purchase a custom coloring book subject to these Terms. Your order is not accepted until we confirm acceptance, typically within 24 hours of your order.
Order Confirmation: You will receive an email confirmation when you place your order. This confirmation is an acknowledgment of receipt, not an acceptance of your order. We reserve the right to accept or decline your order for any reason.
Right to Refuse Orders: We reserve the right to refuse, cancel, or limit any order at any time, including after an order confirmation has been sent, for reasons including but not limited to:
- Technical or operational issues preventing us from fulfilling the order
- Pricing errors or incorrect product information on the Website
- Photo quality concerns that would result in poor output
- Suspected fraudulent activity or payment issues
- Violations of these Terms
- Photos containing prohibited content (as defined in Section IV.B)
- Inability to verify payment information
- Limitations on quantities available for purchase
Cancellation by Us: If we cancel your order before processing begins, we will provide a full refund to your original payment method within 7 business days.
IV. USER CONTENT AND PHOTO UPLOADS
A. Your Responsibilities and Warranties
By uploading photos to our Service, you represent and warrant that:
-
Ownership or Rights: You either own the photos outright OR have obtained all necessary rights, licenses, consents, and permissions to use the photos and grant us the license described in Section IV.D
-
Consent and Permissions: You have obtained explicit consent from all identifiable individuals appearing in the photos (or from their legal guardians if the individuals are minors) to:
- Upload their images to our Service
- Have their likeness transformed into cartoon characters
- Have their likeness included in a printed coloring book
- Have their images processed using artificial intelligence technology
-
Intellectual Property Rights: The photos do not infringe upon any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or rights of publicity or privacy
-
Compliance with Laws: The photos comply with all applicable laws and regulations, including but not limited to laws regarding privacy, data protection, and intellectual property
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Compliance with AI Provider Policies: The photos comply with OpenAI's Terms of Service and Usage Policies, which prohibit certain types of content as described in Section IV.B
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Accuracy of Representations: All information you provide in connection with your uploads is true, accurate, and complete
You acknowledge that you are solely responsible for ensuring you have the legal right to upload and use all photos you submit to our Service. Magic Doodle Books relies on your representations and warranties and will not independently verify your rights or permissions.
B. Prohibited Content
You may not upload photos containing, depicting, or relating to any of the following:
Sexual or Adult Content:
- Nudity or sexually explicit content
- Sexual acts or suggestive poses
- Content depicting minors in a sexual or suggestive manner (including fully clothed)
- Pornographic or erotic content
Violence and Harmful Content:
- Graphic violence, gore, or mutilation
- Content depicting weapons in a threatening manner
- Self-harm or suicide-related content
- Content intended to harass, bully, or threaten individuals
Hate Speech and Discrimination:
- Content promoting hate speech, discrimination, or prejudice based on race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or other protected characteristics
- Nazi symbols, Confederate flags, or other symbols associated with hate groups
- Content that glorifies or promotes violence against groups of people
Illegal Activity:
- Content depicting illegal activities
- Drug use or drug paraphernalia
- Stolen or counterfeit goods
- Content that violates any local, state, federal, or international law
Intellectual Property Violations:
- Copyrighted characters from movies, TV shows, books, or video games (e.g., Disney characters, Marvel superheroes, Pokémon, etc.)
- Professional photos or celebrity images you do not have rights to use
- Trademarked logos or branded merchandise prominently displayed
- Artwork created by others that you do not have permission to use
Other Prohibited Content:
- Misleading, deceptive, or fraudulent content
- Content containing malware, viruses, or harmful code
- Content intended to spam or advertise commercial products or services
- Personal information of others (social security numbers, credit card numbers, addresses, etc.)
- Content that violates any person's right to privacy or publicity
Special Note on Copyrighted Characters: You may not upload photos edited to include Disney princesses, superhero costumes, cartoon characters, or other copyrighted fictional characters. Original costume creations are acceptable, but commercially recognizable characters are not permitted regardless of whether you took the photo yourself.
If you are unsure whether your content is acceptable, please contact us at support@magicdoodlebooks.com before uploading.
C. Content Ownership
You Retain Ownership: You retain all ownership rights to the photos you upload to Magic Doodle Books. We do not claim any ownership rights to your photos.
Limited Use: Your photos are used solely for the purpose of creating and delivering your personalized coloring book order. We do not:
- Use your photos for marketing or promotional purposes (unless you provide separate written consent)
- Share your photos with third parties except as necessary to fulfill your order (see Section VII)
- Sell or license your photos to others
- Include your photos in any publicly accessible galleries or collections
D. License Grant to Magic Doodle Books
By uploading photos to our Service, you grant Magic Doodle Books a limited, non-exclusive, worldwide, royalty-free license to:
- Store, host, and display your photos on our secure servers
- Process your photos using artificial intelligence technology (specifically OpenAI's image generation models)
- Create derivative works (coloring book illustrations) based on your photos
- Combine your photos with our scene templates and prompts
- Compile the generated scenes into a coloring book format
- Generate a print-ready PDF file
- Transmit the PDF to our print partner (Lulu.com) for production
- Print and bind your personalized coloring book
- Ship the completed book to your designated address
Scope of License:
- Purpose Limitation: This license is granted solely for the purpose of fulfilling your order and providing the Service to you
- No Training: Your photos are not used to train artificial intelligence models, and we do not permit our AI provider (OpenAI) to use your photos for training purposes
- No Marketing Use: We will not use your photos in marketing, advertising, or promotional materials without your separate written consent
- No Commercial Exploitation: We will not sell, license, or otherwise commercially exploit your photos beyond the scope of fulfilling your order
Duration of License:
- The license begins when you upload your photos
- The license terminates automatically when your photos are deleted from our system
- We typically delete customer photos 30 days after your book has shipped (see our Privacy Policy for data retention details)
- You may request earlier deletion by contacting support@magicdoodlebooks.com, though this may affect our ability to fulfill your order or handle returns/replacements
E. No Training on User Data
We want to be transparent about how your photos are used:
- No AI Training: Your photos are never used to train artificial intelligence models, neither by us nor by our AI service provider (OpenAI)
- API Usage Only: We use OpenAI's API services under a commercial agreement that prohibits the use of customer data for model training
- Temporary Processing: When your photos are sent to OpenAI for scene generation, they are processed and then deleted from OpenAI's systems in accordance with OpenAI's data handling policies
- Our Storage: We store your photos on secure servers (Supabase Storage) only as long as necessary to fulfill your order and handle potential issues
- Deletion: Your photos are automatically deleted from our systems 30 days after your book ships, or sooner upon your request
For more details on how we handle your data, please review our Privacy Policy at magicdoodlebooks.com/privacy.
F. Content Monitoring and Removal
While we do not pre-screen all uploaded content, we reserve the right to:
- Review uploaded photos for compliance with these Terms
- Use automated systems to detect prohibited content
- Remove or refuse to process any content that violates these Terms
- Report illegal content to law enforcement authorities
- Terminate accounts that repeatedly upload prohibited content
If we remove your content or refuse to process your order due to prohibited content, you will not receive a refund.
V. AI-GENERATED CONTENT
A. AI Technology Disclosure
Magic Doodle Books uses artificial intelligence to create personalized coloring book illustrations. Specifically, we use OpenAI's image generation technology (gpt-image-1 model) to transform your uploaded photos into custom cartoon-style scenes.
How It Works:
- You upload photos of your family members or pets
- Our system combines your photos with carefully crafted scene prompts for your chosen theme
- The AI analyzes the subjects in your photos (faces, poses, characteristics)
- The AI generates original coloring book-style illustrations featuring your subjects as characters in themed adventure scenes
- Our team reviews the AI-generated scenes for quality and appropriateness
- Approved scenes are compiled into your personalized coloring book
By using our Service, you acknowledge and accept that artificial intelligence technology is used to create your coloring book, and you agree to the terms in this section regarding AI-generated content.
B. AI Output Characteristics and Limitations
Artificial intelligence technology is sophisticated but not perfect. You acknowledge and agree that AI-generated coloring book scenes:
May Not Be Photorealistic:
- The AI creates artistic interpretations in a cartoon/coloring book style, not photorealistic reproductions
- Facial features are simplified and stylized to work as line art
- Fine details may be lost or altered in the cartoon conversion
- The coloring book format inherently simplifies images compared to photographs
Depend on Photo Quality:
- Better quality input photos generally produce better output scenes
- Clear, well-lit photos with visible facial features produce the best results
- Blurry, dark, or heavily filtered photos may produce less accurate results
- Unusual angles, partial faces, or obstructed views may not convert well
May Vary in Accuracy:
- The AI makes its best effort to preserve key identifying features (hair color, facial structure, etc.), but exact likeness cannot be guaranteed
- Some characteristics may be emphasized or de-emphasized in the artistic conversion
- Multiple subjects in a photo may affect the level of detail for each individual
- The AI interprets and adapts subjects to fit the scene composition and coloring book style
Are Processed Automatically:
- Orders are processed automatically without frame-by-frame quality inspection of AI-generated scenes
- We reserve the right to refuse obviously problematic content (technical errors producing corrupted/blank output, or prohibited content per Section IV.B)
- We do not warrant quality, accuracy, or artistic suitability of generated output
- We cannot guarantee that every scene will match your expectations
- The coloring book style and artistic interpretation mean some creative liberty is inherent in the process
Cannot Guarantee Specific Results:
- We cannot guarantee that specific facial features, expressions, or details will be preserved in the AI generation
- Background elements and scene composition are determined by our scene templates and the AI's interpretation
- Clothing, accessories, and other details may be adapted to fit the theme and coloring book style
We encourage you to review our sample gallery at magicdoodlebooks.com/samples to set appropriate expectations for the style and quality of AI-generated scenes.
CRITICAL NOTICE: No Guarantee of Likeness Accuracy
WE MAKE NO GUARANTEE THAT AI-GENERATED SCENES WILL PRODUCE ACCURATE LIKENESSES OF PEOPLE IN YOUR PHOTOS.
You expressly acknowledge and agree that:
- The artistic coloring book style may obscure or alter facial features
- Some people may not be clearly recognizable in the generated scenes
- AI interpretation of facial characteristics is artistic, not photographic
- Refunds will NOT be issued based on likeness accuracy or dissatisfaction with how recognizable subjects appear
- You waive any expectation of photorealistic reproduction or guaranteed resemblance
This is an inherent characteristic of AI-generated artistic content and is NOT a defect.
C. AI Content Rights and Usage Restrictions
Your Rights: The AI-generated coloring book scenes created from your photos are provided to you for personal, non-commercial use only. You may:
- Use your personalized coloring book for personal enjoyment
- Share your coloring book with family and friends
- Post photos of completed colored pages on social media for personal sharing (we'd love to see them!)
- Make copies for personal use within your immediate family
Restrictions: You may NOT:
- Resell your coloring book or copies of it
- Use the AI-generated scenes for any commercial purpose
- Reproduce or distribute the scenes in any commercial context
- Use the scenes in products you sell (t-shirts, mugs, prints, etc.)
- License or sublicense the scenes to others
- Use the scenes to train other AI models or machine learning systems
- Claim that you created the AI-generated scenes yourself
- Remove or obscure any copyright or attribution information
Our Rights: Magic Doodle Books retains all intellectual property rights in:
- The scene templates and creative prompts we developed
- The overall structure and format of our coloring books
- Our compilation, selection, and arrangement of scenes
- Our branding, logo, and design elements
The AI-generated scenes are created through a collaborative process involving your photos, our creative templates, and AI technology. While you may use the final coloring book for personal purposes, the underlying creative templates and business methods remain our intellectual property.
D. No Warranty on AI Accuracy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE NO WARRANTY REGARDING THE ACCURACY, QUALITY, OR SUITABILITY OF AI-GENERATED CONTENT.
You acknowledge and agree that:
- AI technology is continuously evolving and results may vary
- We do not warrant that AI-generated scenes will meet your expectations or preferences
- We do not warrant photorealistic reproduction of subjects in photos
- The coloring book style inherently simplifies and stylizes images
- AI output depends on many factors beyond our control, including photo quality
- Some photos may produce better results than others based on lighting, clarity, angle, and subject positioning
- Our Service is not suitable for professional photography reproduction or archival-quality portraiture
Setting Expectations: We strongly recommend reviewing our sample gallery at magicdoodlebooks.com/samples before placing an order. The samples demonstrate the realistic range of outputs you can expect from our Service. The coloring book style is artistic and whimsical, not photorealistic.
If you require precise likeness reproduction or photorealistic quality, our AI-generated coloring book service may not be the right product for your needs.
E. No Expectation of Perfection
You acknowledge and agree that AI-generated coloring book scenes are artistic interpretations, not technical reproductions. You explicitly waive any expectation that:
- Output will be "perfect" or "professional quality" in a photographic sense
- AI will capture all details from your photos with precision
- Generated scenes will meet your subjective quality preferences
- The Service will produce photorealistic or exact reproductions
We will not issue refunds based on:
- Subjective dissatisfaction with artistic style
- Perceived lack of detail or "sharpness"
- Failure to meet your personal quality expectations
- Disappointment that output is not "perfect"
AI-generated content is inherently imperfect and subject to artistic interpretation.
VI. INTELLECTUAL PROPERTY
A. Magic Doodle Books Intellectual Property
Magic Doodle Books and its licensors own all right, title, and interest in and to the Service, including but not limited to:
- The Magic Doodle Books name, logo, and all associated branding and trademarks
- The Website design, layout, look, feel, graphics, and user interface
- All software, code, databases, and technical infrastructure underlying the Service
- Scene templates, creative prompts, and story structures
- Business processes, methods, and workflows
- All content we create or provide (excluding your uploaded photos and AI-generated scenes created from your photos)
- Compilations, arrangements, and selections of content
These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries.
B. Limited License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Website and Service for your personal, non-commercial purposes
- Use your completed personalized coloring book for personal, non-commercial purposes as described in Section V.C
This license does not permit you to:
- Reproduce, distribute, modify, or create derivative works from our Website or Service (except for your own coloring book for personal use)
- Use our Service or any content for commercial purposes without our written permission
- Use our trademarks, logos, or branding without written permission
- Reverse engineer, decompile, or disassemble any software or technology underlying the Service
- Frame, mirror, or replicate any portion of the Service on another website
- Use any automated tools (robots, scrapers, crawlers) to access the Service without permission
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
C. Copyright Infringement and DMCA
We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Website or in our Service infringes your copyright, please send a notice to our designated copyright agent at:
Email: dmca@magicdoodlebooks.com
Mail: Magic Doodle Books ATTN: DMCA Agent [Business Address - To be added]
Your DMCA notice must include:
- Identification of the copyrighted work you claim has been infringed, or if multiple works, a representative list
- Identification of the infringing material and information reasonably sufficient for us to locate it (e.g., URL, order number, description)
- Your contact information including name, address, telephone number, and email address
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
- Your physical or electronic signature
Counter-Notice: If you believe your content was removed in error, you may submit a counter-notice to the same address containing:
- Your physical or electronic signature
- Identification of the material that was removed and its location before removal
- A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
- Your name, address, telephone number, and email, and a statement that you consent to jurisdiction in the federal district court for the judicial district in which your address is located (or any district in which Magic Doodle Books may be found if you are outside the U.S.)
Repeat Infringer Policy: We will terminate the accounts of users who are repeat copyright infringers.
D. Trademark
Magic Doodle Books™ and our logo are trademarks or service marks of Magic Doodle Books. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.
You may not use our trademarks without our prior written permission. You may not use our trademarks in any manner that is likely to cause confusion about whether we sponsor, endorse, or are affiliated with your products, services, or activities.
VII. THIRD-PARTY SERVICES
Our Service relies on several third-party service providers to deliver the full customer experience. By using our Service, you acknowledge and agree that your information may be processed by these providers in accordance with their respective terms of service and privacy policies.
A. OpenAI (AI Image Generation)
What They Do: We use OpenAI's image generation technology (specifically the gpt-image-1 model) to create the custom coloring book scenes from your uploaded photos.
How Your Data is Used:
- Your photos are sent to OpenAI's API for processing
- OpenAI generates the custom cartoon-style scenes
- Under our commercial API agreement, OpenAI does not use your photos to train their models
- Your photos are processed and then deleted from OpenAI's systems per their data handling policies
Their Terms: Your use of our Service is also subject to OpenAI's Terms of Service and Usage Policies. You agree that your uploaded photos comply with OpenAI's policies, including their prohibitions on certain types of content.
Service Availability: We are not responsible for interruptions, errors, or failures of OpenAI's services. If OpenAI's service is unavailable, we will make reasonable efforts to fulfill your order when service is restored or provide a refund if fulfillment is not possible.
More Information: OpenAI's Terms of Service: https://openai.com/policies/terms-of-use
B. Lulu.com (Print-on-Demand Fulfillment)
What They Do: Lulu.com is our print-on-demand partner that prints and ships your personalized coloring books.
How Your Data is Used:
- We send your print-ready PDF file and shipping information to Lulu
- Lulu prints, binds, and ships your coloring book
- Lulu handles the physical production and logistics
Print Quality: Print quality is governed by Lulu's standards and capabilities. Their professional printing services provide high-quality coil-bound books suitable for coloring.
Shipping: Shipping timeframes are estimated at 4-7 business days after your PDF is sent to Lulu, though delays may occur due to production volume, holidays, or shipping carrier issues.
Defects: If your book arrives with printing defects (misprints, binding issues, damaged pages), please contact us at support@magicdoodlebooks.com within 14 days of delivery. We will work with Lulu to provide a replacement or refund as appropriate.
Service Availability: We are not responsible for Lulu's service interruptions, production delays, or shipping issues beyond our reasonable control.
More Information: Lulu's Terms of Service: https://www.lulu.com/legal/terms
C. Stripe (Payment Processing)
What They Do: Stripe processes all credit card and payment transactions on our Website.
How Your Data is Used:
- Payment information is collected and processed by Stripe's secure payment infrastructure
- We do not store your complete credit card numbers on our servers
- Stripe handles payment authentication, fraud detection, and transaction processing
Security: Stripe is PCI DSS compliant and uses industry-standard encryption to protect your payment information.
Payment Terms: Your payment is subject to Stripe's Terms of Service. Payment must be authorized and completed before we begin processing your order.
Disputes: Payment disputes or chargebacks are handled through Stripe's systems. If you have a billing issue, please contact us at support@magicdoodlebooks.com before initiating a chargeback.
More Information: Stripe's Terms of Service: https://stripe.com/legal/consumer
D. Supabase (Data Storage and Hosting)
What They Do: Supabase provides our database and file storage infrastructure where your photos, order information, and generated scenes are stored.
How Your Data is Used:
- Your uploaded photos are stored in Supabase Storage
- Order information, account details, and preferences are stored in our Supabase database
- All data is stored on secure servers with encryption
Security: Supabase implements industry-standard security measures including encryption at rest and in transit, access controls, and regular security audits.
Data Retention: Your photos and order data are retained per our Privacy Policy. Photos are typically deleted 30 days after your book ships.
More Information: Supabase's Privacy Policy: https://supabase.com/privacy
E. Resend (Email Communications)
What They Do: Resend delivers transactional and marketing emails from Magic Doodle Books to you.
How Your Data is Used:
- We send your email address and order information to Resend
- Resend delivers order confirmations, shipping notifications, and other service-related emails
- If you opt in to marketing, Resend delivers promotional emails
Email Preferences: You can unsubscribe from marketing emails at any time using the unsubscribe link in the email footer. Transactional emails (order confirmations, shipping notifications) cannot be disabled as they are necessary for the Service.
More Information: Resend's Privacy Policy: https://resend.com/legal/privacy-policy
F. Vercel (Website Hosting)
What They Do: Vercel hosts our Website and provides the infrastructure for our web application.
How Your Data is Used:
- Your interactions with our Website are processed through Vercel's hosting infrastructure
- Vercel collects standard server logs (IP addresses, page visits, etc.) for performance monitoring
- Vercel implements security measures to protect our Website
More Information: Vercel's Privacy Policy: https://vercel.com/legal/privacy-policy
G. No Third-Party Liability
IMPORTANT: Magic Doodle Books is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any third-party service providers, or for any personal injuries, death, property damage, or other damages or expenses resulting from their actions.
Third-party services are provided "as is" and Magic Doodle Books makes no representations or warranties regarding third-party services. Issues with third-party services should be directed to the respective provider when appropriate, though we will make reasonable efforts to assist you in resolving issues related to your order.
You agree to look solely to the relevant third-party provider for any claims related to their services, and you release Magic Doodle Books from any liability related to third-party services to the maximum extent permitted by law.
VIII. PRICING AND PAYMENT
A. Prices
All prices displayed on the Website are in United States dollars (USD) and are subject to change without notice. The price at the time you place your order governs your purchase.
Current Pricing:
- Standard (24 pages): $19.99
- Deluxe (32 pages): $24.99
- Premium (50 pages): $39.99
What's Included:
- All prices include standard shipping within the United States
- All prices include the cost of custom AI generation, printing, and binding
What's Not Included:
- Sales tax (calculated at checkout based on your shipping address)
- International shipping (not currently available)
We reserve the right to change prices at any time, but price changes will not affect orders already placed.
B. Payment
Payment must be made in full at the time you place your order. We accept payment via:
- Credit cards (Visa, Mastercard, American Express, Discover)
- Debit cards
- Other payment methods supported by Stripe
Payment Authorization: By providing payment information, you:
- Authorize us to charge your payment method for the full amount shown at checkout (including product price, taxes, and any applicable fees)
- Represent that you are authorized to use the payment method provided
- Represent that the payment information you provide is accurate and current
Failed Payments: If your payment is declined or fails for any reason:
- Your order will not be processed
- We will notify you via email
- You may attempt to place a new order with updated payment information
- We are not responsible for delays caused by payment failures
Payment Security: All payment processing is handled by Stripe, a PCI DSS Level 1 certified payment processor. We do not store your complete credit card information on our servers.
C. Sales Tax
You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Sales tax will be calculated based on your shipping address and charged at checkout where required by law.
The tax amount will be clearly displayed in your order summary before you complete your purchase.
D. Promotional Codes and Discounts
From time to time, we may offer promotional codes, discount codes, or special offers. These are subject to specific terms and conditions, which will be provided at the time of the promotion.
General Terms for Promotional Codes:
- Promotional codes may have expiration dates and must be used before they expire
- Promotional codes are typically limited to one per customer or one per order unless otherwise stated
- Promotional codes cannot be combined with other offers unless explicitly stated
- Promotional codes have no cash value and are non-transferable
- We reserve the right to cancel orders that improperly use promotional codes or violate the terms of the promotion
- We reserve the right to modify or cancel promotions at any time
If you believe a promotional code should have applied to your order but did not, please contact support@magicdoodlebooks.com within 48 hours of placing your order.
IX. REFUNDS AND RETURNS
A. No-Refund Policy for Custom Products
IMPORTANT: All Magic Doodle Books coloring books are custom-made products created specifically for you based on your uploaded photos. As such, they are non-returnable and non-refundable except as specifically provided in Section IX.B below.
By placing an order, you acknowledge and accept that:
- Your coloring book is custom-made to order based on your photos and specifications
- AI generation and printing begin shortly after your order is placed
- Once production begins, your order cannot be canceled or refunded
- You will not receive a refund based on subjective preferences, including if you don't like the AI-generated results, change your mind, or decide you don't want the book
California Disclosure: Pursuant to California Business & Professions Code Section 17538, custom-made products sold via the internet are not subject to the general right of return. You waive any right to return or exchange your custom coloring book except for defects or errors as described in Section IX.B.
This policy is necessary because:
- Each book is personalized with your unique photos
- AI generation costs are incurred immediately upon order placement
- Print production is initiated specifically for your custom book
- Custom products cannot be resold to other customers
We encourage you to:
- Carefully review our sample gallery before ordering
- Ensure you upload high-quality photos
- Double-check all personalization details (name, shipping address)
- Read Section V (AI-Generated Content) to understand realistic expectations
B. Exceptions - Defects, Errors, and Non-Delivery
We will provide a replacement or refund if your order meets one of the following conditions:
1. Defective Product: The book arrives with manufacturing or printing defects, including:
- Misprints, smudges, or printing errors
- Pages missing or duplicated
- Binding defects (coil broken, pages falling out)
- Pages damaged, torn, or unusable
- Significant print quality issues (unreadable pages, severe color issues)
2. Wrong Product Shipped: You received the incorrect product, such as:
- Wrong page count (e.g., ordered Premium but received Standard)
- Wrong theme (e.g., when we offer multiple themes)
- Someone else's book (wrong photos or personalization)
3. Non-Delivery: Your book was not received within 30 days of order placement (and tracking shows it was not delivered or does not show delivery confirmation)
4. Our Error: We made an error in the production process, such as:
- AI generation errors resulting in unusable scenes
- Errors in compiling or formatting your book
- Using the wrong photos or missing photos you uploaded
Not Covered - No Refund:
- You don't like the AI-generated results or artistic style
- The AI output doesn't match your expectations or preferences
- You uploaded poor-quality photos resulting in poor-quality output
- You changed your mind after ordering
- You provided an incorrect shipping address and the book was delivered there
- Normal variations in AI output or artistic interpretation
- Minor differences between the digital preview (if any) and the final printed product
- Personal preference regarding color, style, or scene composition
C. Defect and Error Reporting Process
If you believe your order qualifies for a replacement or refund under Section IX.B, you must:
1. Report Promptly: Contact us within 14 days of delivery (or within 30 days of order placement if the book was not delivered)
2. Contact Method: Email support@magicdoodlebooks.com with:
- Your order number
- A clear description of the issue
- Photos of the defect or error (for physical defects)
- Photos of the shipping packaging (for damage claims)
3. Our Review: We will review your claim and may request additional information or photos
4. Resolution: If we determine your claim is valid, we will offer:
- A replacement book at no charge, OR
- A full refund to your original payment method
5. Timeframe: We will respond to your claim within 2-3 business days and resolve valid claims within 7-10 business days
Our Decision is Final: The determination of whether a claim qualifies for a replacement or refund is made at our sole discretion. We will make reasonable, good-faith determinations based on the evidence provided.
D. Pre-Shipment Cancellation
You may request to cancel your order only if processing has not yet begun. To request cancellation:
- Email support@magicdoodlebooks.com immediately after placing your order
- Include your order number and reason for cancellation
- We will confirm whether cancellation is possible
Cancellation Eligibility:
- Within 24 hours of order: Cancellation is typically possible if AI generation has not yet started. Full refund provided.
- After 24 hours or if processing started: Cancellation may not be possible. If some processing has been completed, we may offer a partial refund at our discretion.
- After PDF generation or shipment: No cancellation or refund available except under Section IX.B
Due to our automated processing systems, AI generation often begins within a few hours of order placement. We cannot guarantee that cancellation requests will be honored.
E. Chargebacks and Disputes
Friendly Fraud: Initiating a chargeback or payment dispute for a valid order constitutes "friendly fraud" and will result in:
- Immediate termination of your account
- Forfeiture of the product and any replacements
- Potential legal action to recover costs
- Your information may be reported to chargeback prevention services
Proper Dispute Process: If you have an issue with your order:
- Contact us first at support@magicdoodlebooks.com
- Give us a reasonable opportunity to resolve the issue (3-5 business days)
- If we cannot resolve your issue and you believe you have a valid claim, you may then escalate to your payment provider
Valid Chargebacks: We will not dispute chargebacks for:
- Unauthorized transactions (your card was stolen or used without permission)
- Orders we cannot prove were delivered
- Orders we agree were defective and did not resolve
Chargeback Defense: We will defend against chargebacks we believe are invalid and will provide evidence including:
- Order confirmation and proof of acceptance
- Proof of delivery (tracking information)
- These Terms of Service showing your agreement to our no-refund policy
- Communications regarding your order
Full Refund Policy: For complete details, see our separate Refund Policy at magicdoodlebooks.com/refund-policy
X. SHIPPING AND DELIVERY
A. Shipping Timeframes
Standard Processing and Shipping: Orders typically take 7-10 business days from order placement to delivery. This includes:
- Processing Time (1-3 business days): AI generation, quality review, and PDF creation
- Printing and Shipping (4-7 business days): Printing, binding, and delivery via our print partner Lulu
Peak Season Delays: During busy periods such as holidays (especially November-December), processing and shipping may take longer. We will notify you of any significant delays.
Business Days: Business days are Monday through Friday, excluding U.S. federal holidays.
No Guaranteed Delivery Dates: We cannot guarantee delivery by a specific date. Timeframes are estimates only.
B. Shipping Method and Tracking
Carrier: Books are shipped via USPS, UPS, FedEx, or similar carrier as determined by our print partner Lulu.
Tracking: When available, tracking information will be sent to your email address once your book ships. Not all shipments include tracking, depending on the shipping method used.
Shipping Address: Books are shipped to the address you provide at checkout. Please ensure your address is accurate and complete, including:
- Full name
- Street address (we cannot ship to P.O. boxes if the carrier does not support them)
- City, state, and ZIP code
- Apartment or unit number if applicable
Address Changes: Once your order is placed, we cannot guarantee address changes. If you need to change your shipping address, contact support@magicdoodlebooks.com immediately. If printing has not begun, we may be able to update the address.
Incorrect Address: We are not responsible for orders shipped to incorrect addresses due to customer error. If you provide an incorrect address and the package is returned to sender, you may be charged for re-shipping.
C. Shipping Costs
Free Standard Shipping: All product prices include free standard shipping within the United States.
International Shipping: We do not currently offer international shipping. Orders must be shipped to addresses within the 50 United States and the District of Columbia.
D. Delivery Issues
Lost Packages: If your book has not arrived within 14 days of the ship date (shown in your shipping confirmation email), contact support@magicdoodlebooks.com. We will:
- Investigate with the shipping carrier
- Check tracking information (if available)
- Provide a replacement or refund if the package is confirmed lost
Damaged in Transit: If your book arrives damaged due to shipping (crushed, torn, water-damaged), contact us within 7 days of delivery with photos of:
- The damaged book
- The shipping packaging
We will provide a replacement at no charge.
Stolen Packages: If tracking shows your package was delivered but you did not receive it (possible porch theft), we recommend:
- Checking with neighbors or household members
- Contacting your local post office or delivery facility
- Filing a police report for theft
Unfortunately, we cannot be responsible for packages stolen after confirmed delivery. However, we will work with you to investigate and may offer a replacement at a discounted rate on a case-by-case basis.
Incorrect Address: If you provided an incorrect address and the package is undeliverable, we are not responsible. Return-to-sender packages may incur re-shipping fees if you want the order re-sent.
E. FTC Mail Order Rule Compliance
We comply with the Federal Trade Commission's Mail Order Rule (16 CFR Part 435). Under this rule:
- We will ship your order within the timeframe stated at the time of purchase (7-10 business days)
- If we cannot ship within the stated timeframe, we will notify you and provide an option to cancel for a full refund or agree to a delay
- If you choose to cancel due to a delay, we will refund your payment within 7 business days
XI. LIMITATION OF LIABILITY
A. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MAGIC DOODLE BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Any warranties regarding the accuracy, reliability, or completeness of content
- Any warranties that the Service will be uninterrupted, timely, secure, or error-free
- Any warranties regarding the quality of products, services, information, or other material obtained through the Service
- Any warranties regarding AI output quality, accuracy, or suitability for your specific purposes
- Any warranties that defects will be corrected
- Any warranties regarding third-party services (OpenAI, Lulu, Stripe, etc.)
WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements or expectations
- The AI-generated coloring book scenes will perfectly replicate your photos
- The Service will be available at all times or without interruption
- Any errors or defects will be corrected
- The Service is free from viruses or other harmful components
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have additional rights under state law.
B. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGIC DOODLE BOOKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:
1. Maximum Liability Cap: Our total liability for any claims related to your order shall not exceed the greater of (a) the amount you paid for the specific order at issue, or (b) $100 USD.
2. Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of use of the Service or any product
- Cost of substitute products or services
- Emotional distress or disappointment
- Damage to reputation or goodwill
- Any other intangible losses
3. Applicability: These limitations apply:
- Regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise)
- Even if we have been advised of the possibility of such damages
- Even if any remedy fails of its essential purpose
- To the fullest extent permitted by applicable law
4. Essential Bargain: You acknowledge and agree that these limitations are a fundamental element of the bargain between you and Magic Doodle Books, and that we would not provide the Service without these limitations.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
C. Specific Exclusions of Liability
MAGIC DOODLE BOOKS IS NOT LIABLE FOR:
1. Force Majeure: Acts of God, natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
2. Third-Party Services: Any acts, errors, omissions, delays, or failures of third-party service providers including OpenAI (AI generation), Lulu (printing/shipping), Stripe (payment processing), Supabase (data storage), Resend (email), or Vercel (hosting).
3. Your Conduct: Your breach of these Terms, your violation of any law or third-party rights, your uploaded content, or your use or misuse of the Service.
4. Unauthorized Access: Unauthorized access to your account or information, hacking, phishing, or other security breaches (unless caused by our gross negligence).
5. User Content: Content uploaded by you or other users, including copyright infringement, privacy violations, or offensive content.
6. Technical Issues: Viruses, malware, or other harmful code (though we implement reasonable security measures).
7. AI Output: AI-generated content that does not meet your expectations, preferences, or requirements, including inaccuracies, artistic interpretation differences, or any subjective quality assessments.
8. Delays: Delays in processing, printing, or shipping beyond our reasonable control.
9. Third-Party Links: Content, products, or services available through third-party websites linked from our Service.
10. Service Interruptions: Temporary or permanent discontinuation of the Service or any features.
D. State Law Variations
Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. In such states:
- The above limitations may not fully apply to you
- Our liability will be limited to the greatest extent permitted by applicable state law
- You may have additional rights under state consumer protection laws
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our gross negligence or willful misconduct
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law
E. Indemnification by You
You agree to indemnify, defend, and hold harmless Magic Doodle Books, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
1. Your Use of the Service: Your access to or use of the Service in violation of these Terms or applicable law.
2. Your Content: Your uploaded photos and any breach of your representations and warranties in Section IV.A, including but not limited to:
- Claims that you lacked permission or rights to upload photos
- Claims of copyright, trademark, or other intellectual property infringement
- Claims of privacy or publicity rights violations
- Claims related to prohibited content you uploaded
3. Your Violations: Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
4. Your Conduct: Any negligent or willful misconduct by you in connection with the Service.
5. Other Users: Your interactions with other users (if any multi-user features are introduced).
Indemnification Process:
- We will provide you with prompt notice of any claim subject to indemnification
- You will cooperate fully with us in the defense of any claim
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you
- You will not settle any claim without our prior written consent
This indemnification obligation survives termination of these Terms and your use of the Service.
XII. DISPUTE RESOLUTION
A. Governing Law
These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of [STATE - To be determined based on business registration], United States, without regard to its conflict of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
B. Mandatory Informal Dispute Resolution
Before filing any lawsuit or initiating arbitration, you agree to first contact us to attempt to resolve the dispute informally. This informal resolution process is a required prerequisite to filing any formal action.
Process:
-
Contact Us: Send a detailed written description of your dispute to legal@magicdoodlebooks.com, including:
- Your name and contact information
- Your order number (if applicable)
- A description of the nature of the dispute
- The relief you are seeking
-
Good Faith Negotiation: Both parties agree to make a good faith effort to resolve the dispute through negotiation.
-
30-Day Period: The informal resolution period is 30 days from the date you contact us. During this period, neither party may initiate formal proceedings.
-
Tolling: If both parties agree in writing, this 30-day period may be extended.
If the dispute cannot be resolved through informal negotiation within 30 days (or the agreed extension), either party may proceed with formal dispute resolution as described below.
C. Mandatory Arbitration
Agreement to Arbitrate: If the informal dispute resolution process in Section XII.B does not resolve the dispute within 30 days, you and Magic Doodle Books agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration, rather than in court.
Arbitration Rules and Forum:
- Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
- AAA Consumer Arbitration Rules: https://www.adr.org/consumer
- If AAA is unavailable, the parties will select an alternative arbitration provider
Arbitration Location:
- Arbitration will be conducted in [To be determined], [To be determined] (same as litigation venue)
- Or via video conference or telephone conference if you request it
- Or at another mutually agreed location
Costs of Arbitration:
- Each party is responsible for their own attorneys' fees and costs
- AAA's Consumer Arbitration Rules govern arbitration fee allocation
- If you cannot afford arbitration fees, you may request AAA waive them per AAA rules
- Magic Doodle Books will not seek to recover attorneys' fees if we prevail, unless the arbitrator finds your claim was frivolous or brought in bad faith
Arbitrator's Authority:
- The arbitrator has exclusive authority to resolve all disputes, including disputes about arbitrability
- The arbitrator may award the same damages and relief as a court, limited to the remedies in Section XI (Limitation of Liability)
- The arbitrator's decision is final and binding, with very limited appeal rights under the Federal Arbitration Act
No Class Arbitrations:
- Arbitrations must be brought individually, not as a class, consolidated, or representative action
- See Section XII.F for class action waiver details
D. Jurisdiction and Venue
If informal resolution fails and litigation is necessary, you agree that:
- Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in [To be determined], [To be determined]
- You consent to the personal jurisdiction of such courts
- You waive any objection to venue in such courts
- You waive any claim that such courts are an inconvenient forum
E. Small Claims Court Exception
Either party may choose to pursue a dispute in small claims court instead of arbitration if:
- The claim qualifies for small claims court jurisdiction in your state
- The claim is brought on an individual basis (not as a class action)
- The claim remains in small claims court (not removed to another court)
F. Class Action Waiver
YOU AND MAGIC DOODLE BOOKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.
Unless both you and Magic Doodle Books agree otherwise in writing:
- No arbitrator or judge may consolidate more than one person's claims
- No arbitrator or judge may preside over any form of representative, class, or collective proceeding
- Any relief awarded to one party cannot affect other users
If a court determines that this class action waiver is unenforceable as to any particular claim or request for relief, then that claim or request (and only that claim or request) must be severed and brought in court, and all other claims shall proceed in individual arbitration or litigation as appropriate.
G. Time Limitation on Claims
You agree that any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
This one-year period begins when you knew or reasonably should have known of the facts giving rise to the claim.
H. Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MAGIC DOODLE BOOKS EACH WAIVE THE RIGHT TO A JURY TRIAL in any litigation arising out of or related to these Terms or the Service.
XIII. PROHIBITED USES
A. Prohibited Activities
You agree that you will NOT:
1. Violate Laws:
- Violate any applicable local, state, federal, or international law or regulation
- Engage in any illegal activity or facilitate illegal activity
2. Infringe Intellectual Property:
- Infringe or violate the intellectual property rights of Magic Doodle Books or any third party
- Upload photos containing copyrighted characters, trademarked brands, or other protected content without permission
- Use our trademarks, logos, or branding without written authorization
- Copy, reproduce, or reverse engineer any aspect of the Service
3. Upload Prohibited Content:
- Upload any content prohibited under Section IV.B
- Upload content you do not have rights to use
- Upload content without required consents or permissions
- Upload content that violates OpenAI's Usage Policies
4. Commercial Misuse:
- Use the Service for any commercial purpose without our express written authorization
- Resell, license, or distribute products or content from our Service
- Use AI-generated scenes in commercial products (t-shirts, merchandise, etc.)
- Operate a competing service using our Service
5. Technical Interference:
- Attempt to reverse engineer, decompile, disassemble, or decode any software or technology underlying the Service
- Interfere with or disrupt the Service, servers, or networks connected to the Service
- Circumvent any security measures or access controls
- Introduce viruses, malware, worms, or other harmful code
- Overload, flood, spam, or crash the Service
6. Automated Access:
- Use any robot, spider, scraper, crawler, or automated tool to access the Service without written permission
- Use scripts or automation to create accounts, upload photos, or place orders
- Harvest or collect information about users without consent
7. Fraudulent Activity:
- Provide false, inaccurate, or misleading information
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Engage in credit card fraud, chargeback fraud, or any other payment fraud
- Use stolen credit cards or payment information
- Create multiple accounts to abuse promotions or circumvent restrictions
8. Harassment and Abuse:
- Harass, threaten, intimidate, or abuse any person, including our staff and other users
- Transmit any content that is abusive, defamatory, obscene, or offensive
- Stalk or attempt to exploit or harm any individual, especially minors
9. Spam and Solicitation:
- Send spam, unsolicited communications, or advertising through or related to the Service
- Collect user information for marketing purposes
10. Unauthorized Access:
- Attempt to gain unauthorized access to any accounts, systems, or networks
- Access any part of the Service that you are not authorized to access
- Probe, scan, or test the vulnerability of the Service or any system or network
11. Violation of Terms:
- Violate any other provision of these Terms
- Encourage or enable any other person to violate these Terms
B. Consequences of Prohibited Use
If you engage in any prohibited activity:
1. Immediate Termination: We may immediately terminate your account and ban you from using the Service.
2. No Refunds: You will forfeit any orders in progress and will not receive any refunds.
3. Legal Action: We may pursue legal action, including but not limited to:
- Civil claims for damages, injunctive relief, or breach of contract
- Criminal prosecution if applicable (e.g., computer fraud, identity theft, copyright infringement)
- Reporting to law enforcement authorities
4. Cooperation with Authorities: We will cooperate fully with law enforcement investigations and may disclose your information to authorities investigating illegal activity.
5. Cost Recovery: You will be liable for any costs we incur as a result of your prohibited conduct, including attorney's fees, investigation costs, and damages to our business or reputation.
6. Indemnification: You will be required to indemnify us for any claims arising from your prohibited conduct as described in Section XI.E.
C. Reporting Violations
If you become aware of any violation of these Terms by another user, please report it to abuse@magicdoodlebooks.com. We appreciate the assistance of our user community in maintaining a safe and legal Service.
XIV. MISCELLANEOUS
A. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
- That provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent as closely as possible
- If modification is not possible, that provision shall be severed from these Terms
- The remaining provisions shall remain in full force and effect
- The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision
B. Waiver
No waiver by Magic Doodle Books of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any waiver must be in writing and signed by an authorized representative of Magic Doodle Books to be effective.
C. Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void.
We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including to:
- A parent company, subsidiary, or affiliate
- A successor entity in a merger, acquisition, or sale of assets
- Any other third party at our discretion
These Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.
D. Force Majeure
Magic Doodle Books shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure is due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, or extreme weather
- War, terrorism, civil unrest, or government action
- Pandemics, epidemics, or public health emergencies
- Labor disputes, strikes, or lockouts
- Failure of third-party service providers (OpenAI, Lulu, Stripe, internet service providers, hosting providers, etc.)
- Internet or telecommunications failures
- Power outages or utility failures
- Fire, flood, explosion, or other catastrophic events
- Any other cause beyond our reasonable control
During any such event, our performance obligations will be suspended for the duration of the event. We will make reasonable efforts to notify you of force majeure events and to resume performance as soon as reasonably practicable.
E. Survival
The following provisions shall survive termination of these Terms and your use of the Service:
- Section IV.D (License Grant - to the extent necessary to fulfill orders)
- Section V.C (AI Content Rights)
- Section VI (Intellectual Property)
- Section IX (Refunds and Returns - to the extent of outstanding claims)
- Section XI (Limitation of Liability)
- Section XI.E (Indemnification)
- Section XII (Dispute Resolution)
- Section XIV (Miscellaneous)
- Any other provision that by its nature should reasonably survive
F. Headings
The section and subsection headings in these Terms are for convenience only and have no legal or contractual effect. They shall not affect the interpretation of these Terms.
G. Notice
Notices to You: We may provide notices to you by:
- Email to the address you provided during checkout or account registration
- Posting a notice on the Website
- Posting a notice in your account (if account features are implemented)
- Any other reasonable method
Notices sent by email are effective when sent to the email address on file. Notices posted on the Website are effective when posted. You agree to keep your email address current and to check your email regularly.
Notices to Us: You may provide notices to us by:
- Email: legal@magicdoodlebooks.com
- Mail: [Business Address - To be added]
Notices to us are effective when received.
H. Language
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall control in the event of any conflict or discrepancy.
I. No Third-Party Beneficiaries
These Terms are for the sole benefit of you and Magic Doodle Books and do not create any third-party beneficiary rights in any other person or entity.
The third-party service providers mentioned in Section VII are not intended as third-party beneficiaries of these Terms, except to the extent that specific provisions may inure to their benefit (e.g., limitations of liability for their services).
J. Electronic Communications
By using the Service, you consent to receiving electronic communications from us, including emails regarding your orders, our Service, and promotional offers (if you opt in). You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
K. Complete Agreement
These Terms, together with our Privacy Policy (magicdoodlebooks.com/privacy) and Refund Policy (magicdoodlebooks.com/refund-policy), constitute the complete and exclusive agreement between you and Magic Doodle Books regarding your use of the Service and supersede all prior or contemporaneous agreements, proposals, representations, or understandings, whether written or oral.
L. Business Changes
Magic Doodle Books reserves the right, at any time and from time to time, to:
- Update, modify, or discontinue any aspect of the Service, temporarily or permanently
- Add, change, or remove features or functionality
- Change pricing for future orders
- Offer new products, themes, or services
- Discontinue products, themes, or services
We will make reasonable efforts to notify users of material changes, but we are not obligated to do so. Your continued use of the Service after such changes constitutes your acceptance of the changes.
XV. CONTACT INFORMATION
We are here to help! If you have questions, concerns, or need assistance, please contact us using the information below.
A. Customer Service and General Inquiries
Email: support@magicdoodlebooks.com
Response Time: We aim to respond to all customer service inquiries within 2 business days (Monday-Friday, excluding holidays).
What We Can Help With:
- Order status and tracking
- Technical issues with the Website
- Questions about your order
- Photo upload assistance
- Account questions
- General product information
B. Legal Inquiries
For legal matters, terms of service questions, or copyright-related communications:
Email: legal@magicdoodlebooks.com
Mail: Magic Doodle Books ATTN: Legal Department [Business Address - To be added at publication]
C. Specific Issue Reporting
Copyright Infringement (DMCA): dmca@magicdoodlebooks.com
Terms of Service Violations: abuse@magicdoodlebooks.com
Privacy Concerns: privacy@magicdoodlebooks.com (Also see our Privacy Policy at magicdoodlebooks.com/privacy)
Defective Products or Refund Requests: support@magicdoodlebooks.com
D. Business Address
[Business Address - To be added at publication]
E. Social Media
Stay connected with us for updates, inspiration, and coloring fun:
- Website: magicdoodlebooks.com
- [Social media links - To be added when accounts are created]
XVI. ACKNOWLEDGMENT AND ACCEPTANCE
By using the Magic Doodle Books Service, you acknowledge that:
- You have read and understood these Terms of Service in their entirety
- You agree to be bound by these Terms
- You understand that Magic Doodle Books uses artificial intelligence to generate custom content
- You understand that custom-made products are non-refundable except for defects or errors
- You have the legal right to upload all photos you submit
- You have obtained all necessary consents and permissions for the photos you upload
- You agree to the limitations of liability and dispute resolution provisions
- You are at least 18 years of age
- You agree to receive electronic communications from Magic Doodle Books
If you do not agree to these Terms, you must not use the Service.
Thank you for choosing Magic Doodle Books! We look forward to creating magical coloring book memories for you and your family.
Document Version: 1.0 Effective Date: [DATE - To be added at publication] Last Updated: [DATE - To be added at publication]
Links to Related Policies:
- Privacy Policy: magicdoodlebooks.com/privacy
- Refund Policy: magicdoodlebooks.com/refund-policy
For questions about these Terms, contact: legal@magicdoodlebooks.com
For questions about these terms, please contact support@magicdoodlebooks.com