IP and Output Rights

1. Introduction

This policy explains the intellectual-property rights associated with content you create using Coloring Magic ("we," "us," or "the Service"). It covers your rights in the prompts you write, the images the Service generates, and the restrictions that apply.

2. Your Prompts

You retain all rights in the text prompts you submit to the Service. By submitting a prompt, you grant us a limited, non-exclusive, worldwide, royalty-free licence to process the prompt solely for the purpose of generating the requested image and delivering the Service. We do not use your prompts for any other purpose, including AI-model training (see our Training and Data Usage page).

3. Rights in Generated Images

Subject to your compliance with our Terms of Service and this policy, we grant you a broad, non-exclusive, worldwide, royalty-free licence to use, copy, modify, display, distribute, and create derivative works from the images generated through your account for both personal and commercial purposes.

This licence is subject to the following important qualifications:

• No exclusivity. The same or similar prompts submitted by different users may produce visually similar outputs. We do not guarantee that any generated image is unique, and we cannot grant exclusive rights to AI-generated outputs.
• Copyright status varies by jurisdiction. The copyrightability of AI-generated images is unsettled and differs across jurisdictions. In some countries (including, as of the date of this policy, the United States), works generated entirely by AI without sufficient human creative contribution may not qualify for copyright protection. In the European Union and other jurisdictions, the legal position continues to evolve. We make no representation that generated images are copyrightable or that you will be able to enforce copyright in them.
• Your responsibility. You are solely responsible for determining whether and how you may use generated images in your jurisdiction, including whether they are eligible for copyright registration, trademark use, or other forms of IP protection.

4. Our Intellectual Property

We retain all rights in the Coloring Magic platform, including but not limited to the website design, user interface, underlying software, brand name, logo, documentation, and all related intellectual property. Nothing in this policy transfers any ownership of or licence to our platform IP to you, beyond the right to use the Service as an end user in accordance with our Terms of Service.

5. Restrictions

Your licence to generated images is subject to the following restrictions, in addition to those set out in our Content Policy and Acceptable Use Policy:

5a. No Trademarks, Logos, or Brand Identifiers

You may not use the Service to generate images that reproduce or closely imitate third-party trademarks, logos, brand names, trade dress, or other proprietary brand identifiers. You may not use generated images in a way that suggests endorsement by, affiliation with, or sponsorship by any third-party brand. Outputs that inadvertently resemble existing marks must not be used commercially without independent legal clearance.

5b. No Real Individuals or Public Figures

You may not use the Service to generate images intended to depict real, identifiable individuals, including celebrities, politicians, athletes, and other public figures. This restriction protects personality rights, rights of publicity (recognised in many U.S. states and other jurisdictions), and the right to one's own image under EU and Austrian law (Section 78 of the Austrian Copyright Act, "Recht am eigenen Bild"). It also helps prevent the creation of misleading or deepfake-style content.

5c. AI-Origin Disclosure

Under Article 50 of the EU AI Act (Regulation (EU) 2024/1689), content that is AI-generated must be labelled as such when it could reasonably be perceived as human-made. If you publish or distribute generated images in contexts where this obligation applies, you are responsible for including appropriate disclosure. We label all outputs as AI-generated within the Service, but once you download or share images outside the platform, the disclosure obligation rests with you.

5d. Compliance with Law

You may not use generated images in any way that violates applicable law, including intellectual-property law, consumer-protection law, advertising standards, competition law, or any regulation specific to your industry or jurisdiction.

6. No Warranty of Non-Infringement

AI models generate images based on patterns learned from large datasets. While we apply safety filters and content-moderation measures, we cannot guarantee that any generated image is free from resemblance to existing copyrighted works, trademarks, or other protected material. Generated images are provided on an "as is" basis without any warranty of non-infringement.

You are solely responsible for ensuring that your use of generated images does not infringe on the intellectual-property rights of third parties. We recommend conducting appropriate due diligence — including reverse image searches or trademark clearance — before using generated images in commercial contexts, especially for product packaging, branding, or advertising.

7. Takedown and Removal

If a third party believes that a generated image infringes their intellectual-property rights, they may submit a takedown request in accordance with our DMCA and Copyright Policy or our Removal Requests page. We will process valid requests in accordance with applicable law.

8. Licence Termination

Your licence to use generated images survives termination of your account for images generated while your account was in good standing. However, if your account is terminated for a serious violation of our Terms of Service or Content Policy, we reserve the right to revoke the licence for any images associated with the violation.

9. Changes to This Policy

We may update this policy from time to time. Material changes will be communicated by posting a notice on our website and updating the "Last updated" date at the top of this page. Where required by law, we will provide advance notice before changes take effect.

10. Contact

If you have questions about intellectual-property rights or this policy, please contact us at support@coloringmagic.art.