These Terms of Service (the “Terms”) are a legal agreement between you and Łukasz Fryc, ul. Ślusarska 6/85, 30-710 Kraków, Poland (“we”, “us”, the “Provider”), and govern your use of the CarMagic mobile application (the “App”). By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
1. The service
CarMagic helps you turn photos of your vehicle into clean, studio-style images using automated background removal and on-device rendering. Features and the available studio backgrounds may change over time.
2. Eligibility
You must be able to enter into a binding contract to use the App. You must be at least 16 years old (or the minimum age of digital consent in your country); if you are below the age of majority where you live, you may use the App only with the consent and involvement of a parent or guardian. The App is intended for general audiences.
3. Your photos and content
- You keep all rights to the photos you take and create with the App. We claim no ownership of your content.
- You grant us a limited licence to process your photos solely to provide the background-removal feature (including sending them to our background-removal provider, as described in the Privacy Policy). We do not use your photos for any other purpose.
- You are responsible for your content. You confirm that you have the right to photograph and process the vehicle and everything shown in your images, and that your use does not infringe anyone's rights or break any law.
4. Acceptable use
You agree not to:
- use the App for any unlawful purpose, or upload content you have no right to use;
- use processed images to misrepresent a vehicle's true condition in a way that is deceptive or fraudulent;
- reverse engineer, interfere with, overload, or abuse the App or our servers;
- use the App other than for its intended purpose of editing vehicle photos.
5. Purchases and payments
- CarMagic offers one-time, non-subscription in-app purchases that unlock processing for a chosen number of photos. There is no subscription and no recurring charge.
- All purchases are processed and billed by Apple (App Store) or Google (Google Play) under their own terms. Prices are shown in the App before you buy.
- A purchase unlocks digital content and processing (the AI editing of your photos), which we begin to perform as soon as you start it in the App. When you buy, Apple or Google - as the seller - asks you to confirm that performance begins immediately; by completing the purchase and starting processing you expressly consent to that immediate performance and acknowledge that, once it has begun, you lose any statutory right of withdrawal for that content (such as the EU 14-day cooling-off period).
- All payments, and any refund or withdrawal requests, are handled by Apple or Google as the seller of record under their own policies - we do not process payments or issue refunds directly. Except where required by law (including your conformity rights in section 13) or under Apple’s or Google’s applicable refund policies, purchases are non-refundable.
6. Automated (AI) results
Background removal and rendering are automated and provided “as is”. Results depend on your input photos and conditions, and we do not guarantee any specific quality, accuracy, or outcome. The processed images are a visual edit; you remain responsible for honestly representing your vehicle in any listing, advertisement, or sale. This does not affect your statutory rights as a consumer if the digital content or service we supply does not conform to this contract - see section 13.
7. Intellectual property
The App, its design and software, and the studio backgrounds we provide are owned by us or our licensors and are protected by law. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for its intended purpose. Images you create from your own photos are yours to use.
8. Disclaimers
To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind. We do not warrant that the App will be uninterrupted or error-free, or that every photo will be processed successfully.
9. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages, or for lost profits or lost sales arising from your use of the App. To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to the App or these Terms is limited to the greater of (a) the total amount you paid for in-app purchases in the twelve months before the event giving rise to the claim, or (b) EUR 100.
Nothing in these Terms limits liability that cannot be limited by law (including liability for death or personal injury caused by negligence, or for fraud), and your mandatory statutory consumer rights are not affected.
10. Termination
You may stop using the App and uninstall it at any time. We may suspend or end the service, or these Terms, if you breach them or if we discontinue the App.
11. Changes to these Terms
We may update these Terms. We will post the updated version on this page and update the “Last updated” date above. Continued use of the App after changes take effect means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of Poland, without depriving you of the mandatory consumer-protection rights of your country of residence.
13. Complaints and conformity
We want the App to work as described. If something you paid for does not work as it should - for example, photos you purchased are not processed - contact us at wegielski.michal.dev@gmail.com and we will look into it. We aim to respond to complaints within 14 days.
If you are a consumer, you have statutory rights where digital content or a digital service we supply does not conform to this contract (for example, a right to have it brought into conformity, to a price reduction, or to a refund). These rights apply regardless of the “as is” wording in sections 6 and 8 and are not limited by these Terms. Because Apple and Google are the seller of record, refund and withdrawal requests are handled through their refund processes; you can also contact us and we will help.
14. Indemnification
To the extent permitted by law, you agree to indemnify and hold us harmless from any third-party claim, and any resulting loss, liability, or reasonable cost, that arises out of your own breach of these Terms, your misuse of the App, your violation of any law or of anyone else's rights, or the content you photograph, process, or share. This applies only to claims caused by your own acts or omissions; it does not require you to cover claims caused by us, and it does not affect your mandatory statutory consumer rights.
15. Apple App Store - additional terms
If you download the App from the Apple App Store, the following also applies and, in case of conflict with the rest of these Terms, prevails for that download:
- These Terms are concluded between you and us only, and not with Apple. Apple is not responsible for the App or its content.
- Your licence to use the App is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide any maintenance or support for the App.
- To the maximum extent permitted by law, Apple has no warranty obligation for the App; any warranty claims, and any claim that the App fails to conform to a warranty, are our responsibility. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App's purchase price (if any) to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever for the App.
- Apple is not responsible for addressing any claims relating to the App, including product-liability, legal or regulatory, and consumer-protection claims, or any third-party claim that the App infringes intellectual-property rights.
- You represent that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms of agreement when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a user.
16. Contact
Questions about these Terms: wegielski.michal.dev@gmail.com.