Effective Date: December 27, 2023 | Last Updated: September 27, 2026

1. Introduction

This Privacy Policy outlines how we collect, use, and protect your information when you use MagicShot.ai (referred to as "App"), including its AI generation tools and the MagicShot Community. By using the App, you agree to the terms outlined in this Privacy Policy.

The controller responsible for your personal information is MagicShot.ai, 134 N 4th St Fl 2, Brooklyn, NY 11249, United States. You can reach us about anything in this policy at support@magicshot.ai.

2. Information We Collect

2.1 User Provided Information

We may collect personal information, such as your name, email address, and any other information you provide when using the App.

2.2 Automatically Collected Information

We may collect information about your device and how you interact with the App, such as IP address, device type, operating system, and usage patterns.

2.3 Face Data

We collect and temporarily store face data in order to generate requested results of user's images. Face data is then purged periodically from our databases. We do not share face data with third party services.

2.4 Community Content

When you post content to the MagicShot Community, that content is stored as part of your account and is visible to other users. We may review community-posted content to enforce our content policies and ensure platform safety.

2.5 Prompts and Generation Inputs

Prompts and images you submit for generation are processed by our systems, including automated content moderation, and generated results may be reviewed after creation to enforce our content policies. Prompts, images, or results flagged by our moderation systems, and content removed for policy violations, may be retained for as long as necessary for moderation, abuse-prevention, policy-enforcement, and legal-compliance purposes, even after you delete the content or your account.

2.6 Cookies and Similar Technologies

Essential cookies run the site and are always on. Optional analytics cookies are only set after you accept them in the cookie banner, and you can change that choice at any time with the Your Privacy Choices link in the site footer.

  • Essential (MagicShot, Cloudflare): magicshot-session keeps you signed in and expires after 2 hours of inactivity; XSRF-TOKEN protects forms and lasts 2 hours; ms_cookie_consent remembers your cookie choice for 1 year; Cloudflare's __cf_bm filters bot traffic and lasts 30 minutes.
  • Analytics, optional (Google, Microsoft): Google Analytics sets _ga and _ga_*, which last up to 2 years. Microsoft Clarity sets _clck (1 year) and _clsk (1 day), and Microsoft may set MUID on bing.com (up to 1 year). Google and Microsoft can access the information these cookies store.
  • Marketing, optional: no marketing or advertising cookies are set on this site today. If that changes, the providers and durations will be listed here and in the cookie banner before they are used.

3. How We Use Your Information

We use the collected information for purposes including, but not limited to, providing and improving our services, moderating the Community, enforcing our policies, responding to user inquiries, and sending periodic emails.

3.1 Legal Basis for Processing

Where the EU or UK General Data Protection Regulation (GDPR) applies, we rely on the following legal bases:

  • Performance of a contract: to create and run your account, process your prompts and uploads, deliver generations, manage credits and subscriptions, and provide support.
  • Legitimate interests: to keep the App secure, prevent fraud and abuse, moderate content, enforce our policies, and understand and improve how the App performs. We only rely on this basis where those interests are not overridden by your rights and freedoms.
  • Consent: for optional analytics and marketing cookies, and for marketing emails where the law requires consent. You can withdraw consent at any time, as described in section 8.
  • Legal obligation: to keep billing and tax records and to respond to lawful requests from public authorities.

4. Content Generation, Prohibited Content & Credit Refunds

MagicShot does not permit the generation of NSFW, sexually explicit, or otherwise prohibited content, either as a generated result or as an uploaded input. All prompts and uploaded images pass through automated content moderation before and during generation, and results may also be reviewed after creation.

4.1 Credit Refunds on Failed Generations

  • If a generation fails because our system detects an NSFW prompt or NSFW input image, only 50% of the credits used for that generation will be refunded to your account. If human review of an appeal confirms the block was a false positive, the remaining 50% is restored.
  • If a generation fails for any other reason (such as a technical error, model failure, or timeout), you will receive a 100% credit refund for that generation.

Full details are in our Refund Policy, which controls in case of any conflict.

4.2 Removal and Repeated Violations

Content that violates our content policies may be removed within 24 hours of detection. Removals may be appealed as described in our documentation; content remains removed during review, and our decision following review is final.

Repeated attempts to generate NSFW content may result in a temporary suspension of your account for 24 hours and removal of content associated with your account, including previously generated images and videos. Continued or severe violations may lead to permanent account termination without refund, in accordance with our Terms of Service. Illegal content, including any content involving minors, results in immediate permanent termination and may be reported to the relevant authorities.

By using MagicShot's generation tools, you agree that credit deductions and refunds under this policy are final except as expressly stated in the Refund Policy.

5. Data Security

We implement reasonable security measures to protect your information from unauthorized access, disclosure, alteration, and destruction.

6. Who Receives Your Information

We do not sell your personal information. We share it only with the following categories of recipients, and only as needed for the purposes in section 3:

  • Hosting and content delivery: Amazon Web Services (servers, file storage and the CloudFront network that serves images and video) and Cloudflare (network delivery, security and cookieless page-performance measurement).
  • Analytics, only with your consent: Google (Google Analytics) and Microsoft (Microsoft Clarity).
  • AI model providers: services that process your prompts and uploads to produce the results you request.
  • Email delivery: providers that send account, service and, where you have agreed, marketing emails.
  • Payments: payment processors for web purchases, and Apple or Google for purchases made in their app stores. We do not store full card numbers.
  • Legal and safety: professional advisers, and public authorities where the law requires it or to protect users and the public.

Each provider may use your information only to provide its service to us, and its own handling of that information is also governed by its privacy policy.

6.1 International Transfers

MagicShot is based in the United States, and most of the providers above process data in the United States. When we transfer personal information from the EEA, the UK or Switzerland to the United States, we rely on the EU-U.S. Data Privacy Framework (and its UK Extension and the Swiss-U.S. Data Privacy Framework) where the recipient is certified under it, as Google, Microsoft, Amazon Web Services and Cloudflare are. For any other transfer we use the European Commission's Standard Contractual Clauses, with the UK Addendum where relevant, together with any supplementary measures the transfer needs. You can ask us for a copy of these safeguards using the contact details in section 10.

7. Children's Privacy

MagicShot.ai is not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and become aware that your child has provided us with personal information, please contact us, and we will take steps to remove that information.

8. Your Rights

Depending on where you live, you have the following rights over your personal information:

  • Access: ask for a copy of the personal information we hold about you.
  • Rectification: ask us to correct information that is inaccurate or incomplete.
  • Erasure: ask us to delete your personal information, subject to the retention exceptions in section 2.5.
  • Restriction: ask us to limit how we use your information while a concern is resolved.
  • Portability: receive the information you gave us in a structured, machine-readable format.
  • Objection: object to processing based on our legitimate interests, and to direct marketing at any time.

8.1 Withdrawing Consent

Where we rely on your consent, you can withdraw it at any time, and it is as easy to withdraw as it was to give. Use the Your Privacy Choices link in the site footer to turn optional cookies off, and the unsubscribe link in any marketing email to stop those emails. Withdrawing consent does not affect the lawfulness of processing carried out before you withdrew it.

8.2 How to Make a Request

Email support@magicshot.ai from the address on your account with the subject line "Privacy request", or send the same through our contact form, and tell us which right you want to exercise. We may ask you to confirm your identity before acting on a request. We respond within one month of receiving it. Where a request is complex or we receive many requests, we may extend that by up to two further months, and we will tell you within the first month if we do.

8.3 Right to Lodge a Complaint

If you believe we have processed your personal information unlawfully, you have the right to lodge a complaint with a data protection supervisory authority, in particular in the EU or EEA country where you live, work, or where the alleged infringement took place. In the UK, that is the Information Commissioner's Office (ICO). We would appreciate the chance to address your concern first, so please contact us before you do.

8.4 California Privacy Rights

If you live in California, you have the right to know what personal information we collect and how we use it, and to ask us to delete or correct it. We do not sell your personal information, and we do not share it for cross-context behavioral advertising. You can opt out of optional cookies at any time with the Your Privacy Choices link in the site footer, and we treat a Global Privacy Control (GPC) signal from your browser as a request to opt out. We will not treat you differently for exercising any of these rights. To make a request, follow section 8.2.

9. Changes to This Privacy Policy

We reserve the right to update our Privacy Policy. Any changes will be posted on this page with an updated effective date.

10. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at support@magicshot.ai.