Magic Kids AI - Terms of Service

1.1. Age Limit:

The Service is primarily designed for use by children aged 6-12 under the supervision and with the consent of their Parents. Children under the age of 13 may use the Service only after verifiable parental consent has been obtained and under Parental supervision.

1.2. Parental Responsibility:

The Parent is solely responsible for ensuring their child's use of the Service complies with these Terms.

1.3. Commitment to Global Compliance:

The Company aims to comply with applicable child privacy laws and regulations, including the Children's Online Privacy Protection Act (COPPA) in the USA, the General Data Protection Regulation-Kids (GDPR-K) in the European Union, and UK-GDPR in the United Kingdom. (See Article 12 – Governing Law).

2.1. Account Creation:

To use certain features of the Service, a Parent account may need to be created. When creating an account, the Parent is obligated to provide accurate, current, and complete information.

2.2. Password Security:

The Parent is responsible for maintaining the confidentiality of their account password and for all activities that occur under their account. The Company must be notified immediately if unauthorized use of the password is suspected.

2.3. Account Responsibility:

The account is opened solely with the Parent's email. The Parent must not share account information with third parties. The Parent is responsible for all actions arising from unauthorized access.

3.1. Subscription Plans:

The Service may offer the following subscription plans (prices are in USD, excluding taxes):

• Magic Kids Pro (Monthly): For a monthly fee of [10 USD], the user is granted [500] credits per month. Additional credits can be purchased for a fee and under conditions to be announced separately.
• Magic Kids Pro (Annual): For an annual fee of [80 USD], offers the same content and usage rights as the Magic Kids Pro Monthly plan.

The current scope, duration, and pricing of each plan will be clearly stated at the time of registration or on the relevant subscription page.

3.2. Trial Period:

New users may be granted [40] credits as a trial right to experience the Service upon account creation. The conditions and duration of the trial period will be specified separately.

3.3. Automatic Renewal:

Subscriptions automatically renew at the end of the selected billing period (monthly or annual) unless actively canceled by the Parent.

3.4. Cancellation and Refunds:

3.5. Payment Processor:

All subscription fees and payments are processed through the third-party payment processor, Paddle Inc. ("Paddle"). By subscribing to the Service, you also agree to Paddle's Buyer Terms and Conditions. The Company is not responsible for the actions or omissions of Paddle.

3.6. Price Changes:

The Company reserves the right to change subscription fees in the future. Price changes will apply after the end of your current subscription period and will be notified to the Parent via email or in-app announcement with reasonable prior notice.

4.1. Prohibition of Illegal or Harmful Activities:

• The Service may not be used in any way that violates the applicable laws of any country.
• Fraud, phishing, money laundering, intellectual property infringement, pirated distribution, illegal gambling, or any other criminal activity is prohibited.
• Activities involving propaganda, financing, or support for terrorist organizations are strictly prohibited.

4.2. Hate Speech, Violence, and Harassment Content:

• Hate speech or discrimination based on race, ethnicity, religion, gender, sexual orientation, nationality, disability, or similar protected characteristics may not be promoted.
• Content that glorifies or encourages violence, self-harm or harm to others, threats, or bullying may not be used.
• Content containing excessive fear, blood, gore, or traumatic themes that could jeopardize the emotional and psychological safety of children is prohibited.

4.3. Sexual and Obscene Content:

• Nudity, pornography, erotic narratives, depictions or implications of sexual acts; inappropriate romantic/relational themes for children; references to games, movies, or similar elements rated +13/+16 are not acceptable.
• In products targeting children, content, even for sexual education purposes, may not be presented in an explicit, detailed, or provocative manner.

4.4. Protection of Personal Data (Child PII):

• Entering or generating personally identifiable information (PII) belonging to a child or third parties, such as full name, address, phone number, ID number, facial image, school name, into the system is strictly prohibited. No exemption from this rule is granted unless a separate Student Data Privacy Agreement (SDPA) or similar agreement is signed between the Company and the Parent/Institution.
• Sharing, disclosing, or collecting others' private information without authorization is prohibited.

4.5. Respect for Intellectual Property Rights:

• Copyrighted text, images, music, trademarks, or patented materials may not be uploaded, copied, transformed, distributed, or commercialized through the Service without obtaining necessary permissions from the rights holder.
• Using the Service to train, test, or for similar purposes in a way that infringes upon the intellectual property rights of third parties is prohibited.

4.6. System Security and Prohibition of Reverse Engineering:

• Attempts to decompile the Service's source code, extract the underlying artificial intelligence model, conduct security vulnerability scanning, stress/load testing, automated request bombing, or interfere with system components outside of authorized access are prohibited.
• Mass content generation or data extraction from the Service using bots, crawlers, scrapers, or similar automation tools is prohibited.

4.7. Spam, Misleading Activities, and Fraud:

• No content of a spam nature, including unsolicited commercial communications (advertisements, promotions), chain messages, misleading statements, or identity fraud, may be generated or distributed.
• Abusing trial periods, discounts, or usage quotas; using fraudulent payment methods or manipulating refund processes is prohibited.

4.8. Dangerous Instructions and Sharing of Illegal Skills:

• Generating or sharing content containing instructions or information about making explosives, using firearms, preparing illegal chemical/biological agents, illegal software, or hacking methods is prohibited.
• Guidance with definitive statements on matters requiring professional supervision and expertise, such as non-prescription drug use, medical diagnosis/treatment advice, diet, or psychological intervention, may not be provided. Such content may only be presented for general informational purposes and with a warning that a professional should be consulted.

4.9. Healthy Use – Screen Time and Risk of Addiction:

• The Parent is responsible for keeping the child's screen time within reasonable limits while using the Service, ensuring regular breaks, and monitoring the risks of digital addiction.
• The Service is designed as a supportive tool for pedagogical purposes; prolonged, unsupervised, or coercive forms of use are not encouraged or supported.

4.10. Reporting Obligation:

• If the Parent detects any activity or content through their own account or their child's that violates this Acceptable Use Policy, they are obligated to report the situation to app.magickidsai@gmail.com within a reasonable time.
• The Company reserves the right to investigate reported violations and, at its sole discretion, to delete content, suspend or terminate the account, or, where deemed necessary, apply to competent authorities.

5.1. Principle of Not Entering Child's Personally Identifiable Information (Child PII):

• The Service is not designed for the collection, storage, or specific processing of Child PII such as the child's full name, photograph, home address, phone number, school name, ID number, biometric data, and does not technically require or encourage the entry of such information.
• Parent's Obligation: The Parent undertakes not to enter, upload, or transmit any text, image, audio, or file containing Child PII to the Service. This obligation is also supported by Article 4.4.

5.2. Disclaimer Regarding No Active Content Monitoring:

• The Company does not actively scan, filter, or monitor data transmitted to the Service by users to determine if it contains Child PII.
• Content sent to the Service (e.g., prompts given to the AI) is processed by automated systems to generate output and is generally not reviewed by humans. The Company relies on the Parent's declarations in this article.

5.3. Data Processing Method and Storage Status:

• Content entered by the user (prompts) is processed in temporary memory areas solely to generate the requested output (e.g., story, image). No separate storage, labeling, or permanent archiving is performed for Child PII.
• System logs and backups are configured not to contain personal data, other than anonymous or anonymized technical records necessary for the performance and security of the service. However, the Parent accepts the risk that Child PII accidentally shared may pass through temporary memory or backups, even if for a short period, until it is completely deleted from the system.

5.4. Parental Responsibility and Indemnification:

• In the event that Child PII is entered into the Service or the rights of third parties (privacy, intellectual property, etc.) are infringed as a result of a violation of these Terms, all legal, administrative, and financial responsibility lies exclusively with the Parent. The Parent agrees to indemnify the Company for any damages, losses, penalties, and expenses (including reasonable attorneys' fees) that the Company may incur due to such a violation.
• The Company assumes no liability for the unauthorized disclosure, non-deletion, or third-party access of Child PII improperly entered into the Service by the Parent.

5.5. Parental Rights and Data Deletion (For Parent Data):

• Due to the principle of not intentionally entering Child PII into the Service, rights under data protection laws such as KVKK/GDPR, including access, rectification, erasure (right to be forgotten), restriction of processing, and data portability, are primarily limited to the Parent's account information and other personal data.
• The Parent may request the deletion of their account and associated personal data. The Company will fulfill this request within a reasonable time, subject to legal retention obligations (e.g., financial records) and technical feasibility. For data deletion requests, you can contact us at app.magickidsai@gmail.com.

6.1. Direct Child Use and Full Parental Supervision:

Magic Kids AI aims to offer content and tools that children aged 6-12 can interact with directly under the guidance of their Parents. Nevertheless, at every stage of the Service – from account opening to content generation, viewing the generated output, potential sharing of these outputs, and device and screen time management – the ultimate responsibility lies exclusively with the Parent. The Parent is obligated to actively supervise the child while using the Service, intervene when necessary, and provide a safe and age-appropriate usage environment for the child.

6.2. Draft Nature of Outputs (the "80-20" Approach):

AI outputs (texts, images, ideas, etc.) generated by the Service are not final products with 100% guaranteed pedagogical or content integrity, but rather drafts or suggestions that require further work. Before presenting these outputs to their child, the Parent is obligated to carefully review them for language level, cultural appropriateness, age appropriateness, accuracy, and pedagogical objectives, and if necessary, to correct, complete, adapt, or entirely remove them if deemed unsuitable for the child.

6.3. Accuracy and Bias Review:

Artificial intelligence systems, by their nature, may occasionally present information that is erroneous, incomplete, outdated, fictional, or reflects societal biases. As children cannot distinguish the accuracy or appropriateness of such content as well as adults, the Parent's responsibilities include:

• Verifying the accuracy of generated information with reliable external sources.
• Identifying and addressing potential biases (gender, race, cultural, etc.) that may be present in the content.
• Preventing incorrect or misleading information from negatively affecting the child's learning process or worldview.

6.4. Age Appropriateness and Emotional Safety:

The Parent is obligated to meticulously review all generated texts, images, and activity suggestions for their appropriateness to the child's age, developmental level, and emotional sensitivity. It is the Parent's responsibility to filter out or modify elements that contain or imply themes of fear, violence, excessive sadness, anxiety, or other elements that may be inappropriate for the child's age. The child's emotional reactions to the content must be monitored by the Parent, and if any negative impact is observed, the content should be immediately removed or its use discontinued.

6.5. Personal Data and Privacy (in Outputs):

As stated in Article 4.4 and Article 5.1, the Parent must not enter personally identifiable information (PII) belonging to the child or third parties, such as full name, photograph, home address, school name, or friends' names, as prompts to the AI, nor request the generation of such information. Such an action may constitute a breach of all applicable child privacy regulations, including KVKK, COPPA, GDPR-K, and all responsibility will lie with the Parent.

6.6. Copyrights and Third-Party Elements (in Outputs):

• As a rule, copyrights for outputs generated through the Service based on original inputs (prompts) provided by the Parent and not infringing third-party rights pass to the Parent and/or child.
• However, AI output may unintentionally, or in connection with the Parent's input, contain characters, trademarks, logos, or other copyrighted elements belonging to third parties. It is entirely the Parent's responsibility to obtain the necessary permissions and licenses from the respective rights holders before using such outputs, especially for commercial purposes. The Company provides no guarantee and assumes no liability in this regard.

6.7. Account and Device Security (in the Context of Child Use):

• The account is opened solely via the Parent's email as stated in Article 2, and passwords are kept confidential.
• The Parent is responsible for setting up, maintaining active, and regularly reviewing appropriate parental controls (time limits, content filters, in-app purchase restrictions, notification tracking, etc.) on the devices their child uses to access the Service.
• The Parent is responsible for all actions arising from unauthorized use of the account or device.

6.8. Screen Time and Supervised Sessions (Recommendation):

Management of sessions where the child interacts with the Service is the Parent's responsibility. As a pedagogical recommendation, it is advised that the Parent ensures the child has sessions of reasonable duration and takes regular breaks. It is recommended that the Parent periodically participates in the session while the child is using the Service, reviews the generated content, and immediately deletes or corrects any inappropriate, erroneous, or non-pedagogical content.

6.9. Consequences of Non-Compliance with This Article:

Failure to comply with the Parent responsibilities stated in this Article 6 or applicable legislation may lead to; (i) immediate suspension or permanent closure of the account without prior notice, (ii) forfeiture of payments made by the Parent without refund, and (iii) the Parent's legal and criminal liability under applicable laws.

7.1. Ownership of the Service:

The Service and all materials provided through the Service (including but not limited to texts, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and artificial intelligence models) are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2. User Content:

Subject to Article 6.6, the Parent/user owns the content uploaded to the Service or created through the Service based on the Parent's original inputs. However, the Parent grants the Company a worldwide, non-exclusive, royalty-free license to use this content for the purpose of providing, maintaining, and improving the Service.

7.3. Limited License:

The Company grants the Parent a limited, revocable, non-transferable, non-exclusive license to access and use the Service for personal, non-commercial purposes, provided they comply with these Terms.

8.1. Changes to Terms:

The Company reserves the right to modify or update these Terms from time to time at its sole discretion. Significant changes will be communicated to the Parent via their registered email address and/or by posting an in-app announcement with an appropriate notice period before they take effect.

8.2. Changes to the Service:

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, features, functionality, or scope of the Service, with or without notice.

8.3. Emergency Changes:

In situations requiring urgent intervention, such as child safety, legal compliance requirements, or systemic security vulnerabilities, the Company may implement necessary changes immediately and inform the Parent as soon as possible. If such a change qualifies as a "Significant Change," the Parent will be granted the right to terminate as specified in Article 8.1.2.

9.1. Termination of Subscription by Parent:

Parents can request to terminate their subscription at any time using the "Cancel/Terminate Subscription" option within the application or through their account settings. Upon receipt of the cancellation request, future automatic payments will be stopped. The subscription remains active until the end of the currently paid billing period, and no partial or full refund will be made for this period.

9.2. Suspension/Termination of Service by the Company:

The Company reserves the right to temporarily suspend or immediately terminate the Parent's account, with or without prior notice, including but not limited to the following situations:

• Serious or repeated violation of these Terms, particularly the Acceptable Use Policy (Article 4),
• Suspicion of fraud, unauthorized access attempts, invalid payment information, or failure to meet payment obligations,
• Existence of a risk threatening the security or integrity of the Service,
• Pursuant to an applicable law, regulation, or decision by a competent official authority.

In such cases, as a rule, no refund will be made for amounts paid up to the date of termination.

9.3. Post-Termination Procedures:

• Upon completion of termination for any reason, the Parent's access to the Service will be terminated at the end of the current billing period (in case of cancellation by Parent) or immediately (in case of termination by the Company for just cause).
• The Parent's identifiable personal data will be deleted or permanently anonymized upon the Parent's request in accordance with Article 5.5, and subject to legal retention obligations (such as financial records).
• A Parent wishing to reuse the Service after termination must create a new account and accept the current subscription terms.

10.1. Disclaimer of Warranties:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FIT FOR A PARTICULAR PURPOSE. NO WARRANTY IS GIVEN REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI OUTPUTS.

10.2. Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF REPUTATION) ARISING FROM THE USE OR INABILITY TO USE THE SERVICE.

12.1. Governing Law:

These Terms and the use of the Service shall be governed by and construed in accordance with the laws of the Republic of Turkey. Given the international nature of the Service, Parents are also responsible for complying with their own local laws.

12.2. Dispute Resolution:

In the event of any dispute arising from or related to these Terms or the Service, the parties shall first attempt to reach a solution through good-faith negotiations. If a solution cannot be reached, disputes shall be submitted to the exclusive jurisdiction of the Courts and Enforcement Offices of Afyonkarahisar (Central District), Turkey.

13.1. Notices:

The Company may provide notices to the Parent via the Parent's registered email address, through in-app messaging, or by posting a general announcement on the website.

13.2. Severability:

If any provision of these Terms is found by a competent court to be invalid or unenforceable, said provision shall be severed from the Terms, and the remaining provisions shall continue in full force and effect.

13.3. No Waiver:

The Company's failure or delay in exercising any right or provision in these Terms shall not constitute a waiver of such right or provision.

13.4. Force Majeure:

The Company shall not be liable for any failure or delay in performing its obligations due to events beyond its control (such as natural disasters, war, acts of terrorism, pandemics, government decisions, internet or infrastructure outages, etc.).

13.5. Entire Agreement:

These Terms constitute the entire agreement between the Parent and the Company regarding the use of the Service and supersede all prior oral or written agreements.