Terms of Service

1. The Service

MagicAI is an API gateway. It receives your requests in an OpenAI-compatible format, authenticates them against your account and credit balance, and forwards them to third-party AI model providers or other upstream endpoints (“Upstream Providers”) that serve the selected model. Responses are returned to you and the tokens used are charged to your prepaid credit.

Only models marked Live on the site can be called. Models marked Coming soon are listed for information only. We may add, change, reprice or remove models and features at any time; new prices apply to requests made after the change.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if higher, and able to enter a binding contract. You may not use the Service if you have previously been banned from it, or if you are located in, ordinarily resident in, or acting for a person or entity in a sanctioned or unsupported region (see section 6).

3. Accounts and API keys

• You sign up with a username and password; an email address is optional. Keep your login details accurate and confidential. Adding an email makes it easier for us to verify you for support and refunds.
• API keys give access to your credit. Keep them secret, store them server-side, and do not embed them in public code or client apps.
• You are responsible for all activity and charges made with your account or keys, whether or not you authorised them, unless caused by our breach of these Terms. Delete any key you believe is compromised and tell us promptly at support@magicai.lol.
• One person or organisation may not create multiple accounts to get around limits, bans or verification.

4. Acceptable use

You agree not to use the Service, or let anyone else use it, to:

• break any law or regulation, or infringe anyone's intellectual property, privacy or other rights;
• create, request or distribute child sexual abuse material or any content that sexualises minors;
• develop or deploy malware, carry out fraud, phishing, spam or scams, or plan or support violence, terrorism or other serious harm;
• harass, threaten, defame or discriminate against people, or generate deceptive content intended to impersonate real people or mislead about AI involvement where disclosure is required;
• resell, sublicense, share or give away API keys or access to the Service, or offer the Service as part of a competing API resale product, without our prior written permission;
• overload, disrupt, probe or attack the Service, bypass rate limits, Turnstile or other security measures, or access accounts or data that are not yours;
• scrape or bulk-copy the website or catalog with automated tools, other than through the documented API;
• circumvent safety features of the Service or of any Upstream Provider, or use the Service to access models from a region where the provider does not permit it;
• misrepresent your identity, or make chargebacks or payment disputes in bad faith.

We may investigate suspected violations and may block requests, suspend keys or accounts, and cooperate with law enforcement where required by law.

5. Upstream Provider policies

Each model is provided by a third party. When you use a model you must also follow that provider's usage policies and terms that apply to API customers (for example the policies of OpenAI, xAI or other model developers). If an Upstream Provider restricts, suspends or withdraws access to a model, or asks us to restrict your access, we may do so without liability. We do not control, and are not responsible for, Upstream Providers' systems, availability, content filtering or data practices.

6. Sanctions and unsupported regions

You must comply with applicable economic sanctions and export control laws. You may not use the Service from, or for the benefit of anyone in, a country or territory subject to comprehensive sanctions, or if you are on a government restricted-party list. Some Upstream Providers also do not support certain countries or regions; you may not use VPNs, proxies or other means to access a model from a region its provider does not support. We may refuse or end service to anyone where we reasonably believe this section is breached.

7. Credits, payments and taxes

• Prepaid credit. The Service is pay-as-you-go. You buy credit in US dollars through Stripe, with a minimum of $5 per payment. There is no subscription and we never charge you automatically.
• Usage charges. Each request deducts prompt and completion tokens at the per-1M-token rates shown for the model when the request is made. Requests that fail without producing a response are not charged. Your usage history is available in the dashboard.
• Payments. Payments are processed by Stripe under its own terms. We do not receive or store your full card number.
• Nature of credit. Credit is not money or a deposit, has no cash value, cannot be transferred between accounts, and can only be used on the Service.
• Expiry. Purchased credit expires 365 days after the date of the purchase it came from.
• Refunds. Unused credit from a purchase may be refunded within 7 days of payment, less Stripe processing fees, as set out in the Refund Policy. Used and expired credit is not refundable.
• Chargebacks. Please contact us before disputing a payment. If a payment is disputed or reversed, the related credit is removed and the account may be suspended.
• Taxes. Prices exclude any taxes, duties or levies that may apply where you are located; you are responsible for them unless we are required by law to collect them.

8. Availability and changes

We work to keep the Service running, but it is provided on an “as available” basis with no service level agreement. Requests can fail, slow down or be rate-limited because of Upstream Providers, networks, maintenance or abuse protection. We apply limits such as per-IP limits on sign-up and login and may introduce request limits to protect the Service. Performance figures shown on the site are measurements of past traffic, not guarantees.

9. Your content and model outputs

• Ownership. As between you and MagicAI, you keep your rights in the prompts and other input you send (“Input”), and, to the extent permitted by law and the applicable Upstream Provider's terms, you own the output returned to you (“Output”). Output may not be unique, and other users may receive similar output.
• Licence to us. You grant us the limited permission needed to receive, transmit and process your Input and Output in order to provide the Service, including passing them to the selected Upstream Provider.
• No training by MagicAI. We do not use your Input or Output to train AI models. Upstream Providers process requests under their own terms and policies, which may differ; check them for each model you use.
• Your responsibility. You confirm you have the rights to submit your Input. AI output can be wrong, incomplete or offensive; evaluate it before relying on it, especially for legal, medical, financial or other high-stakes decisions.

10. Our intellectual property

The website, dashboard, design, logos, catalog compilation and documentation belong to MagicAI or its licensors. We grant you a limited, revocable, non-transferable right to use them to access the Service under these Terms. Model names and trademarks belong to their respective owners and are used only to identify the models. If you send us feedback, we may use it without obligation to you.

11. Suspension and termination

You may stop using the Service at any time and ask us to close your account by emailing support@magicai.lol. We may suspend or terminate your account or keys, with or without notice, if you breach these Terms, if required by law or an Upstream Provider, if your use creates risk or harm to the Service or others, or in cases of fraud or chargeback abuse. Remaining credit on accounts closed for these reasons is not refunded. If we discontinue the Service or close your account without cause, we will refund remaining purchased, unexpired credit as described in the Refund Policy. Sections that by their nature should survive termination (including credits owed, content, disclaimers, liability, indemnity and governing law) will survive.

12. Disclaimers

To the fullest extent permitted by law, the Service, all models and all Output are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. Nothing in these Terms excludes rights you have under law that cannot be excluded.

13. Limitation of liability

To the fullest extent permitted by law: (a) MagicAI will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill; and (b) MagicAI's total liability for all claims relating to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or US$100. These limits do not apply to liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

14. Indemnity

You will indemnify and hold harmless MagicAI and its operators from claims, losses and reasonable costs (including legal fees) brought by third parties arising from your Input, your use of Output, your breach of these Terms or applicable law, or your violation of an Upstream Provider's policies, except to the extent caused by our own breach.

15. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Before starting formal proceedings, please contact us so we can try to resolve the issue informally within 30 days. Subject to that, the courts of Hong Kong have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court, and consumers keep any mandatory right to bring proceedings where they live.

16. Changes to these Terms

We may update these Terms. The date at the top shows the current version. For material changes we will give reasonable notice on the site or by email if you have provided one. Continuing to use the Service after changes take effect means you accept them; if you do not agree, stop using the Service and you may request a refund of eligible unused credit under the Refund Policy.

17. General

These Terms, the Privacy Policy and the Refund Policy are the entire agreement between you and us about the Service. If any part is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation or sale of the business. If these Terms are translated, the English version prevails.

18. Contact

MagicAI, Hong Kong. Email: support@magicai.lol