End User License Agreement (EULA)

Last Updated: February 24, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Magic Smoke Studio ("Company", "we", "us") for the use of the Art Alive mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.

1. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for personal, non-commercial purposes, subject to this Agreement.

This license does not allow you to:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any proprietary notices in the App
• Use the App on behalf of any third party or for commercial purposes
• Use automated systems or scripts to interact with the App

2. Designed for Children — Parental Responsibility

Art Alive is designed for use by children under the supervision of a parent or legal guardian. By using the App:

• You confirm that you are at least 13 years old, or that a parent/guardian has set up the account on your behalf
• Parents and guardians are responsible for monitoring their child's use of the App
• Account creation requires the account holder to confirm they are 13 years of age or older
• We do not knowingly collect personal information from children under 13 without parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA)
• Parents may review, delete, or request deletion of their child's data by contacting us at contact@magicsmokestudio.com

3. AI-Powered Animation Service

Art Alive uses artificial intelligence to transform drawings into animated videos. By using the App, you acknowledge and agree that:

• Your uploaded images are sent to third-party AI processing services to generate animations
• These third-party services process your images solely to create the requested animation and do not retain your images beyond the processing period
• Animation results are generated by AI and may vary in quality, style, and accuracy
• We do not guarantee specific animation outcomes or quality levels
• Animation credits ("Clips") are consumed when an animation is requested, regardless of the output quality
• We may update or change the AI models used, which may affect animation style and results

4. Content Ownership

Your Drawings: You retain full ownership of the original drawings and artwork you upload to the App.

Generated Animations: You own the animations created from your drawings. You may use, share, and save them for personal, non-commercial purposes.

License to Us: By uploading content, you grant us a limited license to process, store temporarily, and transmit your content solely for the purpose of providing the animation service. We do not claim ownership of your content.

Our Property: The App, including all software, AI models, algorithms, designs, and branding, remains the exclusive property of Magic Smoke Studio and is protected by intellectual property laws.

5. In-App Purchases and Credits

Animation Credits ("Clips"): The App uses credits to process animations. Credits may be obtained through:

• Free Credits: New accounts receive complimentary credits to try the service
• One-Time Packs: Purchased credits that do not expire
• Subscriptions: Monthly recurring credit allocations

Subscription Terms:

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• Payment is charged to your Apple ID or Google Play account
• Manage or cancel subscriptions through your device's app store settings
• Unused monthly subscription credits do not roll over to the next period

Refunds: Refund requests are handled through the Apple App Store or Google Play Store in accordance with their respective refund policies.

6. Prohibited Uses

You agree not to use the App to:

• Upload violent, graphic, sexually explicit, or otherwise inappropriate content
• Upload content containing hate speech, discriminatory imagery, or harassment
• Infringe on any third party's copyright, trademark, or other intellectual property rights
• Upload photographs of real people (the App is designed for drawings and artwork only)
• Attempt to circumvent credit requirements, exploit bugs, or manipulate the service
• Use the App for any unlawful purpose

We reserve the right to suspend or terminate accounts that violate these restrictions without refund.

7. Privacy and Data Collection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

Key points:

• We collect only the minimum data necessary to provide the service
• We do not sell your personal information to third parties
• Uploaded images are processed by third-party AI services and are not stored permanently
• Account data can be deleted upon request

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted, error-free, or secure
• Animation results will meet your expectations
• Defects will be corrected in any specific timeframe

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC SMOKE STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Magic Smoke Studio and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of this Agreement, or your infringement of any third-party rights.

11. Termination

This Agreement is effective until terminated. We may terminate or suspend your access to the App at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users, us, or third parties.

Upon termination:

• Your license to use the App is immediately revoked
• You must delete all copies of the App from your devices
• Unused credits are forfeited and non-refundable
• Sections of this Agreement that by their nature should survive termination will remain in effect

12. Updates and Modifications

We may update the App or this Agreement from time to time. Continued use of the App after changes to this Agreement constitutes your acceptance of the revised terms. Material changes will be communicated through the App or via email.

13. Third-Party Services

The App may integrate with third-party services for authentication (Firebase/Google), AI processing, and payment processing (Apple App Store, Google Play Store). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party service providers.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles. Any disputes arising under this Agreement shall be resolved in the courts located in Australia.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Magic Smoke Studio regarding the use of the App.

17. Contact Information

If you have any questions about this Agreement, please contact us at:

Email: contact@magicsmokestudio.com

Website: magicsmokestudio.com