Terms of Service
Last updated: October 6, 2026
These Terms of Service ("Terms") form a binding agreement between you and Magic Moments ("Magic Moments", "we", "us", or "our") and govern your access to and use of magicmomentslab.app and our AI-powered character phone call service (the "Service"). You agree to these Terms by creating an account or using the Service. If you do not agree, do not use the Service.
Important: the Service is intended to be purchased and used by adults on behalf of a child. By creating an account you represent that you are at least 18 years old, or the age of legal majority in your jurisdiction, and that you are the parent, guardian, or other authorized adult responsible for the child who will participate in a call.
1. Eligibility and Accounts
You must be an adult of legal majority to create an account and to make purchases. You are responsible for all activity under your account and for keeping your credentials confidential. You must provide accurate registration information and keep it current. One person or household may not create multiple accounts to circumvent purchase limits, referral limits, or promotional terms. We may suspend or terminate accounts that we reasonably believe are fraudulent or abusive.
2. Purchases, Credits, and Subscriptions
Calls are sold as prepaid, per-order products at the prices shown at checkout. You authorize us to charge the payment method you provide for the order amount you select, plus any applicable taxes.
Each order includes one call of the duration you selected. A call begins when the character connects with your phone or when your child reaches the assigned inbound number. Time is measured from connection, and calls that do not connect are not billed.
Subscriptions. Any recurring subscription or free-trial we offer renews automatically at the then-current price until you cancel. We will remind you before a renewal charges your payment method, and you can cancel at any time in your dashboard. Cancelling stops future charges but does not retroactively refund the current billing period.
Free call credits. Credits earned through the referral program or issued by us at our discretion have no cash value, are not transferable, cannot be resold or redeemed for cash, and do not expire. We may modify, withdraw, or limit the referral program at any time, and credits obtained through abuse, automated means, or misleading conduct may be forfeited.
3. Refunds and Cancellations
Because calls are delivered by AI voice partners, an order that has not yet had a completed call may be cancelled from your dashboard. Cancelling an unused order issues you a free call credit of equal call time rather than a refund to your original payment method.
If a call failed to connect, ended materially early because of a fault on our side, or the content failed materially to match its description, contact us within 14 days of the call and we will either issue a replacement call or a full refund to your original payment method. Once a call has connected and been delivered, we consider the order fulfilled and cannot ordinarily be refunded, except where required by law or as described above for service failures.
To the fullest extent permitted by law, and except as required by law or as stated above, all other sales are final and non-refundable. Nothing in these Terms limits your statutory consumer rights.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose, or to harass, abuse, or harm any person, including children
- Impersonate any person or entity, or misrepresent your identity or affiliation
- Attempt to access the Service or any account other than your own, or probe the Service for vulnerabilities without our written permission
- Circumvent, interfere with, or reverse-engineer our pricing, rate limits, referral limits, security controls, or anti-abuse measures
- Record, stream, redistribute, or commercially exploit a call, transcript, or recording you have not been granted rights to
- Prompt a character to produce sexual content, adult content, instructions for weapons or dangerous acts, or content that frightens, distresses, or is otherwise inappropriate for a child
- Upload or transmit personal information of any third party, including another child, without proper authorization
- Scrape, crawl, resell, sublicense, or make the Service available to anyone other than a paying customer without our consent
- Upload malicious code, or interfere with the Service's operation or security
Artificial characters and AI limitations. The Service uses artificial intelligence to generate voices and responses in real time. We work to keep characters safe and appropriate, but AI systems can produce unexpected, inaccurate, or unsuitable output. Characters are fictional personas and are not real people; no character should be presented to a child as a real individual. You are responsible for supervising your child's use of the Service and for deciding what is appropriate for them.
5. Parental Consent and Children's Use
The Service is designed for use by children with the involvement of a parent or guardian. By purchasing or permitting use of the Service you consent to the collection and processing of your child's information as described in our Privacy Policy and Data Handling Policy. You may withdraw consent and delete your child's data at any time by contacting us or deleting your account.
We recommend that an adult remain available during a call and that you review call transcripts afterwards. We do not verify the age of children who participate in calls; that responsibility rests with you as the purchasing adult.
6. Content, Voice, and Intellectual Property
The Service, including its software, character designs, personas, prompts, voice configurations, brand, and visual materials, is owned by or licensed to us and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial family use. No other rights are granted.
You retain rights to the information you submit about your child. You grant us a limited license to use that information solely to operate, secure, and improve the Service for you, as further described in our Privacy Policy. Character names and personas may reference folklore and well-known figures; we do not claim ownership of the underlying folklore.
7. Third-Party Services
The Service relies on third-party providers for telephony, AI voice generation, and payment processing. Our Privacy Policy and Data Handling Policy identify these providers and the data shared with them. Your use of the Service is also governed by those providers' terms where applicable. We are not responsible for the content or practices of third-party services we do not control.
8. Disclaimers
Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We do not warrant that the Service will be error-free or that a call will always connect or perform exactly as described.
9. Limitation of Liability
To the fullest extent permitted by law, and except where prohibited (including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation), we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of the Service.
To the fullest extent permitted by law, our total aggregate liability to you for all claims relating to the Service will not exceed the amount you paid us for the order or Service on which the claim is based.
10. Indemnity
You agree to defend, indemnify, and hold us harmless from any third-party claim, demand, loss, or expense (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, your breach of a third party's rights, or your provision of a child's information to us in violation of applicable law.
11. Changes to These Terms
We may update these Terms from time to time. We will notify you by email if we make material changes. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you should stop using the Service and may request deletion of your account and data.
12. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we detect fraudulent or abusive activity, or if required by law. On termination, orders you have already paid for remain subject to our Refunds and Cancellations section. Provisions that by their nature should survive termination do so.
13. Severability, Governing Law, and Disputes
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions stay in effect. Our failure to enforce any right is not a waiver of it.
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to that jurisdiction. Nothing in this section limits any mandatory consumer forum or right you may have under applicable law.
14. Contact
Questions about these Terms can be sent to:
Magic Moments
2881 Northeast 32nd Street
Ft Lauderdale, FL 33306
