Terms of Service

1. Acceptance of Terms

By accessing or using CutMagic ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Service Description

CutMagic provides AI-powered tools for generating and fixing SVG files, including:

• SVG Generator: Create custom SVG files from text prompts using AI technology
• SVG Fixer: Analyze and repair SVG files for compatibility with cutting machine software
• Canvas Editor: Edit and optimize SVG files visually
• File Optimization: Reduce file sizes and improve compatibility
• File Storage & Management: Upload, organize, and manage your SVG projects

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Age Requirement

You must be at least 13 years old to use our Service. Users between 13-18 must have parental or guardian consent. By creating an account, you represent that you meet these requirements and confirm that any parent or guardian has read and agreed to these Terms.

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Engage in fraudulent activity or payment disputes
• Engage in prohibited conduct (abusive behavior, illegal activity)
• Violate our Fair Usage Policy
• Engage in child exploitation or abuse

4. AI-Generated Content Disclaimers

4.1 AI Content Limitations

4.2 No Liability for Project Failures

5. Intellectual Property Rights

5.1 Your Content

• Ownership: You retain all ownership rights to content you upload or create using our Service.
• License to Us: By using our Service, you grant us a limited, non-exclusive, royalty-free license to process, store, and display your content for providing the Service and creating backups.
• No Training Use: We do not use your uploaded files or generated content to train our AI models without your explicit, opt-in consent. You may opt out of AI training at any time by contacting support@cutmagic.app.

5.2 Generated Content

You own the SVG files generated by our AI based on your prompts, subject to any limitations in the source AI model's terms.

You are solely responsible for ensuring your use of generated content does not infringe on third-party intellectual property rights, including copyrighted designs or characters, third-party trademarks or logos, patented designs, or rights of publicity.

5.3 Third-Party Affiliation Disclaimers

CutMagic is not affiliated with, endorsed by, or sponsored by:

• Cricut, Inc. (Cricut®, Design Space®, Cricut Joy®, Cricut Maker® are registered trademarks)
• Silhouette America, Inc. (Silhouette Studio®)
• Adobe Inc. (Adobe Illustrator®, Adobe Fonts®)
• Glowforge, Inc.
• Brother Industries
• Any other cutting machine manufacturer or software provider

5.4 Platform IP

All intellectual property rights in the Service, including software, algorithms, design, UI/UX, documentation, and API, remain our exclusive property. You may not reverse engineer, decompile, create derivative works, or resell our platform.

6. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Upload content that infringes on intellectual property rights of others
• Upload or generate designs of counterfeit goods or items that infringe third-party trademarks
• Create SVG files of copyrighted Cricut designs, Disney characters, or other protected intellectual property without authorization
• Upload files you do not have the right to share (e.g., commercial SVG libraries you purchased)
• Resell or redistribute SVG files generated by CutMagic as standalone products without authorization
• Use CutMagic to intentionally bypass any vendor's terms or paywall
• Upload malicious code, viruses, spyware, Trojan horses, or harmful content
• Attempt to reverse engineer, decompile, or extract source code from our Service
• Use automated tools (bots, scrapers) to access the Service without written permission
• Abuse our credit system or attempt to circumvent payment requirements
• Upload content that is illegal, obscene, threatening, hateful, discriminatory, or violates any applicable laws
• Share account credentials or allow unauthorized access to your account
• Harass, threaten, or abuse CutMagic team members or other users

Violation Consequences: We reserve the right to immediately suspend or terminate your account for violations of this policy, with or without refund, and report violations to law enforcement authorities where appropriate.

7. Subscription Plans and Credits

7.1 Pricing Tiers

CutMagic offers several subscription plans with varying features and credit allotments. Current pricing is available on our website at https://cutmagic.app/pricing.

• Free Tier: Limited credits per month with basic features
• Paid Subscriptions: Various subscription tiers with increased credits and premium features

7.2 Credit System

• Credits are consumed when you use AI-powered features (generation, fixing, optimization, etc.)
• Credit costs per operation are displayed in the application and may be updated with reasonable notice
• Unused credits may roll over subject to plan limits (maximum 12-month rollover)
• Credits are non-transferable and have no cash value
• Credits expire after 12 months of inactivity

7.3 Fair Usage Policy

Normal usage per billing period:

• Free Tier: Up to 10 SVG generations/month
• Starter Paid Plan: Up to 100 generations/month
• Professional Plan: Up to 500 generations/month
• Enterprise: Custom limits (contact sales@cutmagic.app)

Abuse Prevention: Accounts exceeding these thresholds or engaging in abnormal usage patterns will be throttled, flagged for review, or suspended/terminated without refund for repeat violations.

7.4 Pricing Changes

We reserve the right to change our pricing with at least 30 days' notice. Existing subscribers will be grandfathered at their current rate for the remainder of their current billing cycle only.

8. Payments and Refunds

8.1 Payment Processing

Payments are processed through Razorpay, India's leading payment gateway. You agree to Razorpay's terms of service (https://razorpay.com/terms).

Payment Methods Accepted:

• Credit Cards (Visa, Mastercard, American Express, RuPay, Diners Club)
• Debit Cards
• Net Banking (all major Indian banks)
• Digital Wallets (Google Pay, Apple Pay, BHIM, etc.)
• UPI (Unified Payments Interface)
• Razorpay QR Codes

8.2 Taxes & GST (if applicable)

8.3 Refund Policy

Subscriptions:

• First-time subscribers: 7-day money-back guarantee. Request a refund within 7 days of initial purchase for a full refund of subscription fees.
• Repeat/existing customers: Refunds considered on a case-by-case basis at our sole discretion, within 14 days of billing date.
• Non-refundable: SVG files already generated, downloaded, or shared with third parties are non-refundable.

Credit Purchases:

• One-time credit purchases are generally non-refundable
• Refunds may be issued on a case-by-case basis for technical issues preventing service use
• Refunds will not be issued for unused credits after 12 months of inactivity

Refund Process: To request a refund, contact support at support@cutmagic.app with your account email, Razorpay payment ID (if available), and reason for refund request. Refunds are processed within 5-7 business days through Razorpay to your original payment method.

8.4 Subscription Cancellation

You may cancel your subscription at any time by logging into your account and selecting "Cancel Subscription" or emailing support@cutmagic.app.

• Cancellation takes effect immediately
• You retain access until the end of your current billing cycle
• No partial refunds are issued for mid-cycle cancellations
• Your data will be retained for 30 days after cancellation, then deleted

8.5 Automatic Renewal

Your subscription will automatically renew on the same date each billing cycle using the payment method you provided, unless you cancel. We will send you a reminder email 7 days before renewal.

9. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Points:

• We process your data in accordance with Indian IT Act 2000, Information Technology Rules 2011, and applicable data protection laws
• Your prompts and SVG files are sent to third-party AI providers (Azure OpenAI, Anthropic, or similar) for processing
• By using CutMagic, you consent to third-party AI processing of your data
• We use encryption for data transmission and storage
• You have rights to access, delete, export, and request correction of your data
• Do not upload files containing sensitive, confidential, or proprietary information

Child Safety

We monitor all uploaded content for potential child exploitation. If we identify any content depicting minors in inappropriate contexts, we will immediately remove such content and report it to law enforcement authorities in India (National Cyber Crime Reporting Portal) or relevant jurisdiction. By using our platform, you consent to such monitoring and reporting.

10. DMCA Compliance & Copyright

10.1 Designated Copyright Agent

If you believe a file hosted on CutMagic infringes your copyright, you may submit a takedown notice to:

10.2 Takedown Procedure

Submit a written takedown notice including:

• A description of the copyrighted work
• Specific location/URL of the infringing material on CutMagic
• Your name, address, email, and phone number
• A statement that you have a good faith belief the use is infringing
• Your signature or electronic signature

Response: CutMagic will investigate and, if valid, remove the infringing content within 5 business days and notify the uploader. Repeat offenders will have their accounts immediately terminated without refund.

10.3 Counter-Notification

If you believe your uploaded content was wrongly removed, you may submit a counter-notification including identification of the removed content, your statement that the removal was erroneous, and your contact information. CutMagic will reinstate content if a valid counter-notice is received and no court action has been filed.

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless CutMagic, Seven Hills Software LLP, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you upload, generate, or share using the Service
• Your infringement of any third-party trademark, patent, or copyright
• Physical injuries or property damage resulting from your use of generated SVG files
• Claims from third parties related to your use of the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by logging into your account and selecting "Delete Account" or contacting support@cutmagic.app.

13.2 Termination by Us

We may suspend or terminate your access immediately, without prior notice or liability, if:

• You violate these Terms
• You engage in fraudulent activity or payment disputes
• You abuse the Service or harm other users
• You engage in prohibited conduct or illegal activity
• You violate our Fair Usage Policy
• You are a repeat copyright infringer
• Required by law or regulatory authority

We may also terminate for any reason upon 30 days' written notice to your registered email address.

13.3 Effect of Termination

Upon termination: your access to the Service ceases immediately; your data will be retained for 30 days, then permanently deleted unless required by law; all subscription fees are non-refundable; and all rights and licenses terminate immediately.

14. Dispute Resolution and Mediation

14.1 Informal Resolution

Before filing a formal claim, you agree to contact us at support@cutmagic.app to attempt informal resolution within 30 days. We commit to responding within 10 business days.

14.2 Mediation

If informal resolution fails, you and CutMagic agree to attempt to resolve the dispute through mediation before pursuing any legal action. Either party may initiate mediation by sending a written notice. Both parties will meet (in person, by phone, or video conference) to discuss the dispute in good faith.

14.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The Indian Contract Act, 1872, and other applicable Indian laws shall apply.

14.4 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts located in Tamil Nadu, India. All disputes, claims, and causes of action shall be subject to the jurisdiction of these courts.

14.5 Applicable Laws

This Agreement is subject to:

• Indian Contract Act, 1872
• Indian Penal Code, 1860
• Information Technology Act, 2000
• Consumer Protection Act, 2019
• RBI Guidelines (for payment processing)
• Any other applicable laws of India

14.6 Statute of Limitations

Any claim or cause of action arising from these Terms or use of the Service must be filed within 2 years after the event giving rise to the claim, as per the Limitation Act, 1963, or be forever barred.

15. General Provisions

15.1 Entire Agreement: These Terms, along with our Privacy Policy, Acceptable Use Policy, and Refund Policy, constitute the entire agreement between you and CutMagic regarding your use of the Service.

15.2 Severability: If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary. The remaining provisions will remain in full effect.

15.3 Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right. We reserve the right to enforce any provision at any time.

15.4 Assignment: You may not assign or transfer these Terms without our written consent. Any attempted assignment is void. We may assign our rights and obligations to any party without notice.

15.5 Modifications to Terms: We may update these Terms at any time. Changes will be effective 14-30 days after posting to our website. We will notify you of material changes via email, in-app notification, and updated "Last Updated" date.

16. Third-Party Services & Integrations

CutMagic may integrate with or link to third-party services, including:

• AI providers (OpenAI, Anthropic, Azure)
• Payment processors (Razorpay)
• Cutting machine software (Cricut Design Space, Silhouette Studio, etc.)
• Cloud storage services

We have no control over these third-party services and are not responsible for their content, policies, practices, service interruptions, data breaches, or compatibility problems. You are responsible for complying with each third-party service's own terms and conditions.

17. Promotional Offers & Terms

Any promotional offers, discounts, Black Friday deals, or special terms are governed by separate rules posted at the time of promotion. If promotional terms conflict with these Terms, the promotional terms will apply only to that specific promotion.

18. Contact Information

19. Acknowledgment & Final Disclaimer

20. Changes to These Terms

We reserve the right to change or modify these Terms at any time. If a change is material, we will provide at least 14 days' notice prior to the change taking effect. Material changes include modifications to liability limitations, refund policy, termination rights, governing law or jurisdiction, payment terms, or GST registration/tax treatment.

Your continued use of the Service after any change means you agree to the new Terms. If you do not agree to the new terms, you must stop using the Service and cancel your subscription.