Terms of Use
These Terms of Use (the “Terms”) form a binding agreement between you and Magic Soundboard (“we”, “us”, “our”) and govern your use of the Magic Soundboard mobile application and any related services (collectively, the “Service”). They include important information about subscription billing, AI-generated content, your rights, and how disputes are resolved (including, where lawful, an agreement to arbitrate on an individual basis). Please read them carefully.
01Acceptance of these terms
By creating an account, signing in, downloading, installing, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
If you accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
02Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction — for example, 16 in parts of the European Economic Area) to use the Service. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and accepts responsibility for your use of the Service.
You may not use the Service if you are barred from receiving it under applicable law, including the laws of the country in which you reside or from which you use the Service.
03Your account
The Service uses Sign in with Apple to create and authenticate your account. You are responsible for maintaining the security of the Apple ID you use to sign in and for all activity that occurs under your account. Notify us promptly of any unauthorised access.
You can delete your account at any time from within the app. Deletion permanently removes your audio files, generation history, subscription mirror, and profile data from our systems. Deletion does not cancel any active App Store subscription — see “Subscriptions and auto-renewal” below.
04Licence to use the app
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the Service on a device that you own or control, solely for your personal or internal business use. We and our licensors retain all right, title, and interest in and to the Service, including all intellectual property rights. No rights are granted to you other than those expressly set out in these Terms.
05Subscriptions and auto-renewal
The Service offers auto-renewing subscriptions on weekly, monthly, and yearly billing cycles (each, a “Subscription”). The title of each Subscription, the length of the billing cycle, the price per period in your local currency, and the included token allowance are shown in the app at the point of purchase.
- Payment is charged to your App Store account at confirmation of purchase.
- The Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current billing cycle.
- Your account is charged for renewal within 24 hours prior to the end of the current cycle, at the then-current price for the Subscription.
- You can manage your Subscription and turn off auto-renewal in your App Store account settings after purchase.
- No cancellation of the current Subscription period is permitted during an active billing cycle. Cancellation takes effect at the end of the current billing cycle; partial cycles are not refunded by us.
- Where a Subscription is offered with a free trial or introductory price, any unused portion of a free trial is forfeited when you purchase a paid Subscription.
Refund requests are handled by the platform that processed the payment — see the App Store refund policy and our Support page for instructions.
Subscriptions that include a token allowance grant tokens at the start of each billing cycle, subject to the rollover cap shown in the app. Lapsed Subscriptions stop earning new tokens, but any remaining balance can still be spent.
06Token packs (consumables)
Token packs are one-time, non-renewing in-app purchases that add tokens to your account balance. Token packs are non-refundable once delivered, except where required by applicable law or by the App Store refund policy.
Tokens have no cash value, cannot be redeemed for money, and cannot be transferred between accounts. Tokens do not expire while your account is in good standing. Tokens are forfeited if your account is deleted or terminated for breach of these Terms. We may, in our reasonable discretion, change the token cost of generation features over time; we will not retroactively reduce your existing balance.
07Free tier
New accounts receive a limited number of free generations on signup, with reduced parameters (shorter clips and fewer candidates per prompt). Free generations are not redeemable for tokens or cash, and the free allowance may change at any time without notice.
08AI-generated content
The Service generates audio using a third-party AI provider. Subject to your compliance with these Terms and the underlying provider’s terms of service, you own the audio that you generate and choose to save through the Service, and you may use it in your own projects (including commercial projects).
You are responsible for the prompts you submit and for the use you make of generated audio. You agree not to submit prompts intended to impersonate a real person’s voice or likeness, infringe a third party’s rights, or generate content prohibited under “Acceptable use” below. You are solely responsible for clearing any rights and obtaining any consents required by your use of generated audio in a published work.
Generated audio is provided “as is”. We do not guarantee that any given output is unique, original, or free of similarity to other outputs or to existing third-party works. AI generation is probabilistic; outputs may be unexpected.
09Audio you upload
You may import your own audio files into the Service. You retain all rights to audio you upload. By uploading, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable (only to our service providers) licence to host, store, transcode, cache, back up, and transmit that audio solely as necessary to operate, maintain, and improve the Service for you.
You represent and warrant that you have all rights necessary to upload the audio you import and to grant the licence above, and that the audio does not infringe or otherwise violate any third party’s rights or any applicable law.
10Acceptable use
You agree not to use the Service to:
- Generate, upload, or distribute content that is illegal, infringing, defamatory, harassing, hateful, or sexually explicit, including any sexual content involving minors;
- Impersonate a real person or attempt to clone an identifiable individual’s voice or likeness without their authorisation;
- Generate or distribute content that promotes violence, self-harm, or illegal activity;
- Reverse engineer, decompile, disassemble, scrape, or attempt to extract the underlying AI models, embeddings, or our private APIs, except to the limited extent applicable law expressly permits;
- Resell, sublicense, rent, lease, or repackage the Service’s generation capabilities as a standalone offering, or use the Service to develop a competing product;
- Interfere with the Service’s operation, evade rate limits or usage gates, share or transfer your account, or access another user’s account;
- Use the Service in violation of any applicable law, including export-control, sanctions, anti-spam, and data-protection laws.
We may remove content, suspend access, or take other action we consider reasonably necessary in response to a breach of this section.
11Copyright complaints (DMCA)
We respect the intellectual property rights of others and expect our users to do the same. If you believe that material accessible through the Service infringes your copyright, please send a written notice to [email protected] containing the information required by 17 U.S.C. § 512(c)(3), including:
- A physical or electronic signature of the rights holder or a person authorised to act on their behalf;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material that is claimed to be infringing and that is to be removed, with information sufficient to locate it;
- Your contact information (address, phone, email);
- A statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on the rights holder’s behalf.
We will respond to notices that comply with the DMCA and may remove or disable access to allegedly infringing material. Repeat infringers may have their accounts terminated.
12Suspension and termination
We may suspend or terminate your access to the Service if you breach these Terms, use the Service in a manner that risks harm to us, our providers, or other users, or as required by law. We may also discontinue the Service in whole or in part at any time on reasonable notice.
You may stop using the Service at any time by deleting your account from within the app. Sections that by their nature should survive termination (including the licence grant in “Audio you upload”, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous) survive termination.
13Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GENERATED AUDIO WILL MEET YOUR REQUIREMENTS OR BE FREE OF SIMILARITY TO OTHER WORKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE THE EXCLUSION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
14Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE). IF YOU ARE A CONSUMER IN A JURISDICTION WHERE NON-WAIVABLE STATUTORY RIGHTS APPLY, NOTHING IN THESE TERMS AFFECTS THOSE RIGHTS.
15Indemnification
To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Magic Soundboard and its affiliates, officers, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service in breach of these Terms; (b) audio you upload or prompts you submit; (c) your use of generated audio in a published work; or (d) your violation of any law or any third-party right.
16Apple App Store terms
The following supplemental terms apply if you obtained the app from the Apple App Store. They are required by Apple and override anything inconsistent elsewhere in these Terms with respect to your use of the app on an Apple-branded device.
- Acknowledgement. You acknowledge that these Terms are concluded between you and Magic Soundboard only, and not with Apple Inc. (“Apple”). Magic Soundboard, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence granted to you for the app is limited to a non-transferable licence to use the app on any Apple-branded device that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- Maintenance and support. Magic Soundboard, not Apple, is solely responsible for providing any maintenance and support services for the app.
- Warranty. Magic Soundboard is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
- Product claims. Magic Soundboard, not Apple, is responsible for addressing any claims relating to the app or your possession or use of the app, including (i) product liability claims, (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property. In the event of any third-party claim that the app or your use of the app infringes that third party’s intellectual property rights, Magic Soundboard, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
- Third-party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
17Export controls and government users
The Service is subject to U.S. export-control laws and may be subject to export or import laws in other jurisdictions. You agree not to (a) export, re-export, or transfer the Service to any embargoed or sanctioned country or to any party listed on a U.S. Government denied-party list, or (b) use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Service is a “commercial item” as defined in 48 C.F.R. § 2.101. If you are a U.S. Government end user, you acquire only those rights expressly granted to all other end users under these Terms.
18Dispute resolution and arbitration
Please read this section carefully. It affects your legal rights, including, where lawful, your right to bring a lawsuit in court and to participate in a class action.
Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected] and giving us 30 days to respond.
Binding arbitration. If we cannot resolve the dispute informally, you and Magic Soundboard agree, to the extent permitted by applicable law, to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration, rather than in court. Arbitration will be administered by a recognised arbitration provider under its then-current consumer rules, in the English language. Either party may bring an individual claim in small-claims court instead of arbitration if it qualifies.
Class-action waiver. To the extent permitted by applicable law, you and Magic Soundboard agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative action.
Opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
Exceptions. Nothing in this section prevents either party from seeking injunctive or equitable relief in court for infringement of intellectual property rights. Nothing in this section limits non-waivable rights of consumers under applicable law (for example, mandatory consumer protections in the EU/UK).
19Changes to these terms
We may update these Terms from time to time. Material changes will be announced in the app or by email where reasonable, and will take effect on the date stated in the notice. Continued use of the Service after the changes take effect constitutes acceptance. If you do not agree to the changes, your remedy is to stop using the Service and delete your account.
20Miscellaneous
- Entire agreement. These Terms (together with the Privacy Policy and any in-app purchase disclosures) constitute the entire agreement between you and Magic Soundboard regarding the Service and supersede any prior agreements on the same subject.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control.
- Notices. We may give notice by email to the address associated with your account or by posting in the app.
21Contact
Questions about these Terms? Email us at [email protected].