Last Updated: 2025-01-09
Welcome to Magicalbum! By using our web application (“the Service”), you agree to the following terms. If you do not agree to these terms, you may not use the Service. The agreement is between you (“the user”) and the Service which is run by Kodskepp AB (559494-4323)
—————
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your use of Magicalbum, a web application that allows users to create and share albums. By accessing or using Magicalbum, you agree to these Terms, our Privacy Policy, and any additional guidelines provided.
—————
2. Your Responsibilities
2.1 Content Uploaded
You are solely responsible for all images, content, and data (“Content”) you upload to Magicalbum. By using the Service, you agree that:
- You will not upload, share, or otherwise distribute any illegal, harmful, or inappropriate content.
- You must have the necessary rights and permissions to upload the Content, including complying with any applicable GDPR or data privacy laws when uploading images of individuals. This includes obtaining consent from individuals depicted in your photos or videos if required.
- You will not upload content that infringes on any third-party rights, including intellectual property, privacy, or publicity rights.
- When uploading images to the Service, Users acknowledge and understand that any metadata associated with those images (including but not limited to location data, device information, timestamps, and other technical details) will be uploaded along with the image itself. If Users wish to protect their privacy by removing image metadata, they are solely responsible for doing so prior to uploading any images to the Service. The Service is not responsible for removing, modifying, or protecting any metadata contained within uploaded images
Magicalbum reserves the right to remove or disable access to any Content that violates these Terms or is otherwise objectionable, at our discretion.
—————
3. License to Host and Display Content
By uploading Content to Magicalbum, you grant us a limited, non-exclusive, royalty-free license to host, display, and share your Content with the people you designate (e.g., recipients of your shared albums). This license is solely for the purpose of providing the Service and ensuring functionality.
You retain all ownership rights to your Content. Magicalbum does not claim ownership of your uploaded images or data.
—————
4. Prohibited Uses
You agree not to use Magicalbum for:
- Illegal activities or promoting harm to others.
- Uploading viruses, malware, or any harmful software.
- Interfering with the security or functionality of the Service.
Any violations may result in suspension or termination of your account.
—————
5. Fair Use Policy
Magicalbum is designed for reasonable personal use. Excessive sharing of a single album that incurs significant costs to the Service may be considered a violation of this policy. Examples of excessive sharing include, but are not limited to:
- Sharing an album with an unusually high number of recipients.
- Generating traffic or bandwidth that disproportionately impacts the Service’s functionality for other users.
Magicalbum reserves the right to limit, block, or stop access to albums that violate this Fair Use Policy, at our discretion.
—————
6. Service Availability and Limitations
6.1 General Availability
Magicalbum is provided as a web-based service, which may be subject to occasional interruptions, bugs, or downtime. We strive to maintain reliable operations but cannot guarantee that the Service will always be error-free or uninterrupted.
6.2 Termination of Service
Magicalbum reserves the right to discontinue the Service with prior notice. If the Service is to be discontinued:
- We will provide 30 days’ notice to all users.
- For the first 10 days of this period, all albums will remain fully functional to allow users to retrieve their Content or transfer their data.
- For the final 20 days, the Service will be in “read-only” mode.
After this period, all Content may be permanently deleted from our servers.
—————
7. Free vs. Paid Plans
Magicalbum offers both free and paid plans. The key differences between these plans include:
Paid Plan (€8.00 per album)
- Storage capacity of up to 1,000 images per album
- 30-day hosting period
- Access for up to 100 unique viewers per album
- After the 30-day period, albums will be locked and subsequently removed from our servers
Free Plan
- Maximum of 2 albums per user
- Maximum of 3 photos per album
- 7-day hosting period
- Albums and all associated content will be automatically deleted after 7 days
Price Changes and Service Modifications:
The Company reserves the right to modify, at its sole discretion and at any time:- Pricing of paid plans
- Storage limits
- Hosting duration
- Number of allowed viewers
- Any other features or benefits associated with any subscription tier.
—————
8. Transfer of Ownership
Magicalbum reserves the right to transfer ownership or sell the Service to another company. If such a transfer occurs:
- Your information and Content will be transferred to the new owner as part of the Service.
- We will notify users of the transfer and any changes to the Terms or Privacy Policy.
- Continued use of the Service after the transfer constitutes your acceptance of the new ownership and terms.
—————
9. Limitation of Liability
To the fullest extent permitted by law:
- Magicalbum is provided on an “AS IS” and “AS AVAILABLE” basis.
- Magicalbum disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Magicalbum is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.
In no event shall Magicalbum’s total liability exceed the amount you have paid to us (if any) in the last 12 months.
—————
10. Account Management
10.1 Registration
To use the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
10.2 Termination by User
You may terminate your account at any time. Upon termination, your Content may no longer be accessible. It is your responsibility to back up your data before closing your account.
—————
11. Privacy
Magicalbum respects your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
—————
12. Modifications to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the Service or via email. Continued use of the Service after such changes constitutes your acceptance of the new Terms.
—————
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Sweden, without regard to its conflict of laws principles.
—————
14. Miscellaneous
14.1 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Magicalbum regarding the use of the Service.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14.3 No Waiver
Failure to enforce any right or provision of these Terms shall not be considered a waiver of such rights.
—————
If you have any questions about these Terms, please contact us at terms@magicalbum.link