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Terms of Service

Effective 6 July 2026 · Version 1.1

These Terms of Service (“Terms”) govern your access to and use of The Forge — AI Listing Builder for eMAG (the “Service”), operated by [registered company name], a company registered in Romania (registration no. [trade register no. J../..], VAT [CUI / VAT ID]), with its registered office at [registered address, Romania] (“we”, “us”, “Magwise”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service

The Service uses artificial intelligence to generate product-listing assets — including images, SEO titles and descriptions, and A+ content — from a product identifier (such as an eMAG PNK) and inputs you provide. Output is generated automatically and is intended as a starting point that you review, edit, and approve before use.

Eligibility & accounts

You must be at least 18 years old and able to enter into a binding contract. The Service is intended for use in the course of a trade or business. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorised use.

Credits, plans & payment

The Service runs on credits. One credit generates one image; a full listing consumes roughly eight credits. Credits are consumed when a generation job runs, whether or not you ultimately use the output.

  • Prepaid credit packs are billed once, up front, and are non-recurring. Prepaid credits are valid for 24 months from purchase.
  • Agency subscriptions grant a monthly credit allowance and renew automatically each month until cancelled. Unused monthly credits do not roll over to the following period.
  • Prices are shown exclusive of applicable taxes (including Romanian VAT) unless stated otherwise. You authorise us and our payment processor to charge your chosen payment method.

You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period and you retain access until then. We may change prices with at least 30 days’ notice, effective from your next billing period.

Free trial credits

New accounts may receive complimentary trial credits. Trial credits have no cash value, are non-transferable, and may be modified or withdrawn at any time.

Refunds & right of withdrawal

Credits are digital content and digital services supplied and consumed on demand. Where you are a consumer with a statutory 14-day right of withdrawal under the Consumer Rights Directive (2011/83/EU) and its Romanian implementation (OUG 34/2014), you acknowledge that by starting a generation you request immediate performance and expressly consent to the loss of that withdrawal right for credits already consumed, in accordance with Article 16(m) of that Directive. Unused prepaid credits may be refunded on request within 14 days of purchase. Consumed credits and the current period of an active subscription are non-refundable except where required by law.

Consumer rights & conformity

Where you use the Service as a consumer, the digital content and digital services we supply must conform with the contract as required by Directive (EU) 2019/770 on digital content and its Romanian implementation (OUG 141/2021). If what we supply is non-conforming, you are entitled to have it brought into conformity, to a proportionate price reduction, or to terminate, in accordance with that law. Nothing in these Terms excludes or limits your mandatory statutory rights as a consumer, including under Directive 93/13/EEC on unfair terms in consumer contracts. To the extent any provision conflicts with those mandatory rights, the mandatory rights prevail and the rest of the Terms continue to apply.

Acceptable use

You agree not to use the Service to:

  • generate content that is unlawful, infringing, deceptive, or misleading, or that misrepresents a product;
  • upload material you do not have the rights to use, or that infringes another party’s intellectual property, privacy, or other rights;
  • create content that is defamatory, discriminatory, or that depicts a real person without authorisation;
  • reverse engineer, resell, or provide access to the Service except as permitted, or circumvent usage limits or security;
  • overload or interfere with the Service, or use it to build a competing model or dataset.

Your content & eMAG data

“Your Content” means the product data, images, brand assets, and other materials you provide or that we retrieve on your instruction. You retain all rights in Your Content and grant us a limited licence to host, process, and transmit it solely to operate the Service. You represent that you have all necessary rights to Your Content and to any product identifier you submit, and that its processing does not violate any third-party terms.

AI output & intellectual property

Subject to your compliance with these Terms and payment of applicable fees, we assign to you such rights as we hold in the images and copy generated specifically for you (“Output”), and you may use Output for your commercial listings. You acknowledge that:

  • AI-generated Output may not be eligible for copyright protection and may not be exclusive — similar Output may be generated for others;
  • you are solely responsible for reviewing Output for accuracy, and for ensuring it complies with applicable law and with the rules of any marketplace on which you publish;
  • Output must not misrepresent a product’s characteristics, origin, or condition.

Artificial intelligence & transparency

The Service is an AI system that relies on third-party general-purpose AI models — currently Google’s Gemini — to generate images and text. In connection with Regulation (EU) 2024/1689 (the “AI Act”):

  • Where technically feasible, AI-generated Output is or will be marked in a machine-readable format indicating that it has been artificially generated or manipulated, consistent with Article 50(2) of the AI Act.
  • Output is probabilistic and may be inaccurate, incomplete, or not faithful to the real product (so-called “hallucinations”). You must review and correct Output before publishing it.
  • As the person who publishes the Output, you are responsible for meeting any transparency, disclosure, or labelling obligations that apply to you — whether under the AI Act, consumer-protection and unfair-commercial-practices law (Directive 2005/29/EC as amended), or a marketplace’s own rules — including not presenting AI-generated imagery in a way that materially misleads a consumer about the product.
  • The Service does not make automated decisions that produce legal or similarly significant effects concerning you.

Third-party services & no affiliation

The Service integrates third-party providers, including AI and payment providers (see our Privacy Policy). Magwise is an independent tool and is not affiliated with, endorsed by, or sponsored by eMAGor Dante International S.A. “eMAG” and other marketplace names are trademarks of their respective owners, used only to describe compatibility. Your use of any marketplace remains governed by that marketplace’s own terms, which you are responsible for following.

Availability & disclaimer

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, and without prejudice to the consumer-conformity rights described above, we disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy of Output, and uninterrupted or error-free operation. We do not warrant that Output will increase sales, conversions, or search ranking, or that it will be accepted by any marketplace.

Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, or for loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service is limited to the amounts you paid to us in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for damage caused intentionally or by gross negligence, or for any liability owed to you as a consumer under mandatory law.

Indemnity

If you use the Service in the course of a business, you agree to indemnify and hold us harmless from claims, losses, and expenses arising out of Your Content, your use of Output, or your breach of these Terms or of any third-party or marketplace rules. This section does not apply to you as a consumer.

Suspension & termination

You may stop using the Service and close your account at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that poses a risk to us or others. On termination, your right to use the Service ceases; sections that by their nature should survive (including IP, disclaimers, liability, and governing law) will survive.

Changes to these Terms

We may update these Terms from time to time. For material changes we will give reasonable advance notice (for example by email or in-app). Your continued use after changes take effect constitutes acceptance; if you do not accept a material change, you may stop using the Service and, where applicable, receive a refund of unused prepaid credits.

Governing law & disputes

These Terms are governed by the laws of Romania, without regard to conflict-of-laws rules. The courts of Romania have exclusive jurisdiction, except that if you are a consumer you may also rely on the mandatory protections and the courts of your country of residence. Consumers in the EU may also use the Online Dispute Resolution platform, or contact the Romanian consumer-protection authority (ANPC).

Provider information & contact

In accordance with Directive 2000/31/EC on electronic commerce and Romanian Law no. 365/2002, the provider of the Service is: [registered company name], registered office [registered address, Romania], trade register no. [trade register no. J../..], VAT [CUI / VAT ID]. Contact: calin@magwise.ro.