Magic Gallery Data Licensing Agreement

Version 2, 27 September 2026 (version 1 still governs agreements made on 26–27 September). Contact: framedroppro@gmail.com.

1. Who this agreement is between
2. Who can agree
3. What you agree to
4. Payment
5. The data this covers
6. What Licensees may and may not do
7. Other people, groups and minors
8. Withdrawing
9. How long this lasts
10. The record we keep
11. Contact, requests and complaints
12. Your rights under privacy law
13. Changes to this agreement
14. The rest

1. Who this agreement is between

1.1 This agreement is between Magic Image Solutions LLC, a Delaware limited liability company (8 The Green, Suite A, Dover, DE 19901), which operates Magic Gallery and FrameDrop (“we”, “us”), and you, the person who opened the gallery and ticked the box (“you”).

1.2 It is separate from the Terms of Service and the Privacy Policy. Agreeing to them does not mean agreeing to this, and this agreement is never a condition of seeing, downloading or buying your photos.

1.3 The photographer. The photographer who took your photos owns their copyright. We only license a photo under this agreement if the photographer has also licensed it to us for this purpose under their own agreement with us. Your agreement covers the rights that belong to you: your privacy, your personal data, and your name, image and likeness.

2. Who can agree

2.1 You must be 18 or older (or the age of majority where you live, if higher). If you are younger, do not tick the box. If we learn that you were under that age, we treat your agreement as never given.

2.2 You agree only for yourself. You cannot agree on behalf of anyone else in your photos, even a friend, partner or family member who was with you.

3. What you agree to

3.1 Consent and licence. You consent to our processing the Covered Data (section 5) for the Permitted Purposes (section 4), and you grant us a non-exclusive, worldwide licence of your rights of privacy and publicity in the Covered Data, to the extent needed to:

(a) use, copy, store and process the Covered Data to improve our own products and services; and

(b) license the Covered Data to other companies (“Licensees”) for the Permitted Purposes, under written licences that meet section 6.

3.2 Permitted Purposes means training, fine-tuning, testing and evaluating machine-learning models, and research to improve such models. It does not include any use in section 6.2.

3.3 The licence is non-exclusive (you and the photographer keep every right not granted here), royalty-free to you (section 4), revocable by withdrawing (section 8), and sublicensable only to Licensees and only as section 6 allows.

4. Payment

4.1 Licensees pay us a licence fee for the datasets that include Covered Data. You are not paid money, now or later, and we make no promise of future payment.

4.1A What you get: free hosting. When you agree, we keep the gallery where you agreed online for 1 year from that day, free, instead of the usual period. If you withdraw, you keep it: the year is a thank-you, not a trade you have to keep up. It doesn't apply to galleries you open later unless you agree there too. It's in place of, not in addition to, any longer hosting you've already bought.

4.1B What the free year does and doesn't promise. Where this agreement and the Terms differ about the free year, this agreement applies.

(a) The link can change. We may move your gallery to a new link, for example to protect it after a security problem. If we do, we send the new link to the email address or phone number we have for you, if we have one. Your year counts from the day you agreed, whatever link the gallery is on.

(b) Outages. The gallery may sometimes be unavailable for maintenance, repairs, or reasons outside our control. We restore it as soon as we reasonably can. If it's down for more than 7 days in a row, we add that time to your year.

(c) Removals. The photographer can't delete your gallery once it's online. We may still remove photos or the gallery when the law requires it, when a person in the photos asks, or when the photographer closes their account (a session you paid for stays). The free year covers the gallery as it stands after any such removal.

(d) If we can't keep it online at all (for example, if we stop running Magic Gallery), we give you at least 30 days' notice and a way to download the photos you bought.

(e) That's all we owe for the free year. Restoring the gallery, moving it, adding time, or letting you download what you bought is the whole remedy. A problem with the free year never entitles you to money, and it doesn't change your licence: that stays as agreed unless you withdraw.

4.2 Apart from the free hosting in 4.1A, nothing about your gallery depends on this agreement. Prices, access, downloads, delivery and the usual expiry date are the same whether you agree, decline or withdraw.

5. The data this covers (“Covered Data”)

5.1 Included, for the photoshoot whose gallery you ticked the box in:

• the photos of you from that photoshoot, in versions where faces of anyone who has not agreed are blurred (section 7);
• your choices, both the ones you made in person at the shoot (on the photographer's phone) and the ones you make on the Magic Gallery site: which photos you were shown, which you chose, kept or bought, which you did not, the prices, and how long each was on screen;
• capture details: the date and time (to the minute), the city or area (never a precise location), and the camera and lens settings.

5.2 Never included: your name, email address, phone number, payment details, precise location, IP address, device identifiers, account or gallery codes, or any measurement, template or signature of your face or body (“biometric identifiers”). We do not create face templates for this purpose and do not sell or license any.

5.3 Covered Data is delivered under a random identifier, not your identity. We keep the link between that identifier and your gallery only so that we can honour a withdrawal (section 8).

6. What Licensees may and may not do

6.1 We license Covered Data only to companies that agree in writing to at least the terms in this section. We check that they do, we keep a list of Licensees, and we enforce these terms against them.

6.2 Licensees may not:

(a) identify, or attempt to identify or re-identify, any person in the Covered Data, or link it with other data to do so;

(b) use it for facial recognition, biometric identification or verification, or to build any system for identifying people;

(c) create a digital replica, avatar, voice or likeness of you or anyone else in the Covered Data; train or fine-tune a model, or any part of one, for the purpose of reproducing a particular person in it; or use any model to generate output that a reasonable person would recognise as you or anyone else in it. This does not stop a Licensee from training a general-purpose model that generates images of people who do not exist, as long as that model is not aimed at, and is not used to produce, any real person in the Covered Data;

(d) use it, or any image of you, in advertising, marketing, promotion or endorsement;

(e) infer or predict anyone's health, race or ethnicity, religion, sexual orientation, political views, immigration status or other sensitive characteristic;

(f) use it for surveillance, law enforcement, military, or immigration purposes;

(g) sell, share, publish or redistribute the Covered Data itself, except to their own contractors bound by the same terms;

(h) use it in any way that would be unlawful where you live or where they operate.

6.3 Licensees must: keep Covered Data secure; take reasonable, industry-standard steps to stop their models from reproducing any Covered photo or a recognisable person in it (for example, removing duplicates before training and filtering outputs); delete it within 30 days of our notice that you have withdrawn (section 8); delete all of it when their licence ends; and pass these restrictions on to anyone they are allowed to share it with. Breaking section 6.2 ends their licence immediately.

7. Other people, groups and minors

7.1 Other adults. Your agreement covers only you. In the version of a photo we license, we blur the faces of people who have not agreed, or we leave the photo out. A photo in which other people who have not agreed are the main subject is left out.

7.2 Minors. A photo that shows anyone who is, or appears to be, under 18 is never licensed, whatever anyone has agreed to.

7.3 Removal on request. Anyone who appears in a licensed photo can ask us to remove it (section 11), whether or not they ever used Magic Gallery. We remove it as if that person had withdrawn.

8. Withdrawing

8.1 You can withdraw at any time, for free, by the “Withdraw anytime” link in your gallery or by emailing us (section 11). Withdrawing is as easy as agreeing, and it never affects your gallery.

8.2 What withdrawal does:

(a) your Covered Data goes into no new licence and no new delivery, from the moment you withdraw;

(b) we tell every Licensee that holds it within 7 days, and they must delete it within 30 days of our notice;

(c) we stop using it to improve our own products, and delete our licensing copy within 30 days.

8.3 What withdrawal cannot do: a model that has already been trained on your Covered Data cannot be untrained. It stays subject to section 6.2, so it still may not be used to identify you or reproduce your likeness.

8.4 We keep a record that you agreed and withdrew (section 10), because the law requires us to be able to prove both.

9. How long this lasts

9.1 This agreement lasts until you withdraw. Until then, the licence has no end date.

9.2 Where the law requires an end date. If the law that protects you does not allow a licence with no end date, or a court or regulator decides that it does not, the licence instead ends 5 years after the photos were taken, or at the end of the longest period that law allows, if that is shorter. It then ends as if you had withdrawn on that day (sections 8.2 and 8.3): we delete our licensing copy, except for the records in section 10, and Licensees delete theirs.

10. The record we keep

10.1 When you tick the box and continue, we record: the version and language of this agreement, the date and time, the gallery, which photos it covers, and the country your connection came from. When you withdraw, we record that too. We keep these records for as long as any Covered Data is held by us or a Licensee, plus the time the law allows for claims.

11. Contact, requests and complaints

11.1 Magic Image Solutions LLC, 8 The Green, Suite A, Dover, DE 19901, framedroppro@gmail.com.

11.2 You can ask us at any time which Licensees hold your Covered Data, for a copy of it, or to correct or delete it.

12. Your rights under privacy law

12.1 United States. Licensing Covered Data for money is a “sale” of personal information under the California Consumer Privacy Act and similar state laws. Withdrawing under section 8 is also your opt-out of that sale, and you can use the “Do Not Sell or Share My Personal Information” link on our Privacy Policy. You also have the rights to know, access, correct and delete described there. We will not treat you differently for using any of these rights.

12.2 EU, EEA, UK and Switzerland. We rely on your consent (GDPR Article 6(1)(a)), which you can withdraw at any time without affecting what was lawfully done before. You may complain to your data-protection authority.

12.3 Nothing in this agreement limits any right you have under the law where you live.

13. Changes to this agreement

13.1 This version stays published at its own address, unchanged. If we want to use Covered Data in any way this version does not allow, we will ask you again. Silence or continued use is never agreement to a new version. If you don't agree to a new version, this one keeps governing the data you already agreed to share.

14. The rest

14.1 Disputes. The “Law and disputes” section of the Terms of Service applies to this agreement, except that it never limits the protections of the law where you live.

14.2 Order of precedence. If this agreement and the Terms of Service or Privacy Policy disagree about Covered Data, this agreement governs.

14.3 Assignment. We may transfer this agreement only to a successor of our business that takes it on unchanged. You don't need to transfer anything; you can simply withdraw.

14.4 Severability. If any part of this agreement is unenforceable, the rest still stands, and the unenforceable part is read as narrowly as needed to protect you.

14.5 Electronic agreement. Ticking the box and continuing is your electronic signature on this agreement under the federal E-SIGN Act and the Uniform Electronic Transactions Act.