Terms + Conditions
Effective Date: January 1, 2026
Last Updated: January 1, 2026
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your," "Customer," or "Subscriber") and Automagic LLC, a limited liability company organized under the laws of Wyoming ("Automagic," "Company," "we," "us," or "our").
By accessing, browsing, registering for, or using any part of the Automagic website, mobile applications, software, application programming interfaces (APIs), services, products, tools, content, or any associated functionality (collectively, the "Services" or "Platform"), you expressly acknowledge that you have read, understood, and agree to be bound by:
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These Terms and Conditions in their entirety
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Our Privacy Policy (incorporated herein by reference)
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Any additional terms, policies, guidelines, or rules applicable to specific Services
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Any supplemental terms presented at the time of purchase or registration
If you do not agree to these Terms, you must immediately discontinue all use of the Services.
1.1 Modifications to Terms
We reserve the absolute right to modify, amend, update, or replace these Terms at any time, at our sole discretion, with or without prior notice. Changes become effective immediately upon posting to the Platform unless otherwise specified. Material changes may be communicated through:
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Email notification to your registered email address
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In-app notifications or messages
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Prominent notice on the Platform homepage
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Pop-up notifications upon login
Your continued access to or use of the Services following the posting of any changes constitutes your binding acceptance of such modifications. You are responsible for regularly reviewing these Terms. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Services and terminate your account.
1.2 Entire Agreement
These Terms, together with the Privacy Policy and any supplemental agreements, constitute the entire agreement between you and Automagic concerning the Services and supersede all prior or contemporaneous agreements, communications, proposals, representations, understandings, or warranties, whether written or oral.
2. DEFINITIONS
For purposes of these Terms:
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"Account" means any registered user profile or subscription account created on the Platform.
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"Content" means all text, data, graphics, images, photographs, videos, audio, software, code, designs, logos, trademarks, and any other materials.
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"Intellectual Property" means all patents, trademarks, service marks, trade names, copyrights, trade secrets, proprietary rights, and any other intellectual property rights.
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"Services" includes all products, software, applications, websites, APIs, tools, features, and any content or functionality provided by Automagic.
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"Subscription" means any paid or free recurring access plan to the Services.
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"User Content" means any Content that you submit, upload, post, transmit, or otherwise make available through the Services.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Age and Capacity Requirements
To use the Services, you must:
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Be at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is greater
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Have the legal capacity to enter into binding contracts under applicable law
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Not be prohibited from using the Services under any applicable laws or regulations
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Not be located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country
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Not be listed on any U.S. government list of prohibited or restricted parties
If you are accessing the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
3.2 Account Creation and Security
When creating an Account, you agree to:
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Provide accurate, current, and complete information
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Maintain and promptly update your Account information to keep it accurate and complete
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Maintain the security and confidentiality of your account credentials
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Notify us immediately of any unauthorized access or security breach
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Accept all responsibility for all activities that occur under your Account
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Not create multiple accounts or allow others to use your Account
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Not create an account using a false identity, impersonating another person, or using a name you are not authorized to use
You are solely responsible for any and all activities conducted through your Account. We reserve the right to suspend or terminate any Account that violates these Terms or contains false, misleading, or incomplete information.
3.3 Account Types
We may offer different types of Accounts with varying features, limitations, and pricing. Account types may include but are not limited to: individual, business, enterprise, developer, trial, and promotional accounts. Specific terms applicable to each Account type will be provided at registration or purchase.
4. USER OBLIGATIONS AND PROHIBITED CONDUCT
4.1 Compliance with Laws
You agree to use the Services in compliance with all applicable local, state, national, and international laws, regulations, and ordinances, including but not limited to:
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Export control laws and regulations
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Data protection and privacy laws (including GDPR, CCPA, and similar regulations)
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Consumer protection laws
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Intellectual property laws
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Anti-spam laws (including CAN-SPAM Act, CASL)
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Accessibility requirements (including ADA, WCAG standards)
4.2 Prohibited Activities
You expressly agree NOT to engage in any of the following activities:
Fraud and Misrepresentation:
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Providing false, inaccurate, misleading, or fraudulent information
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Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
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Creating or using fake accounts or accounts for fraudulent purposes
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Engaging in any form of identity theft or fraud
Security Violations:
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Attempting to gain unauthorized access to the Services, servers, networks, or databases
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Probing, scanning, or testing the vulnerability of any system or network
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Breaching or circumventing any security or authentication measures
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Reverse engineering, decompiling, disassembling, or otherwise attempting to discover source code
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Using any automated system (including robots, spiders, scrapers, or offline readers) to access the Services without written permission
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Introducing viruses, malware, trojans, worms, logic bombs, or other harmful code
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Attacking the Services through denial-of-service attacks or distributed denial-of-service attacks
Intellectual Property Infringement:
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Copying, reproducing, modifying, distributing, displaying, or creating derivative works of any Content without authorization
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Using Automagic's trademarks, logos, or branding without written permission
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Removing, obscuring, or altering any copyright, trademark, or proprietary rights notices
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Infringing upon any third party's intellectual property rights
Harmful or Illegal Content:
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Uploading, posting, transmitting, or distributing any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
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Sharing content that promotes violence, discrimination, hatred, or harm against individuals or groups
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Distributing child sexual abuse material or content exploiting minors
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Sharing content that violates any person's privacy or publicity rights
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Posting sexually explicit or pornographic content
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Promoting illegal drugs, weapons, or other contraband
Abuse and Harassment:
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Harassing, threatening, stalking, or intimidating other users
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Engaging in hate speech or discriminatory conduct
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Bullying or encouraging self-harm
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Doxxing or sharing others' private information without consent
Commercial Misuse:
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Using the Services for any unauthorized commercial purpose
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Reselling, sublicensing, or redistributing the Services without permission
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Sending unsolicited advertisements, promotional materials, spam, or junk mail
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Operating multi-level marketing schemes or pyramid schemes
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Engaging in price manipulation, artificial inflation of metrics, or fraudulent business practices
System Abuse:
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Using the Services in any manner that could damage, disable, overburden, or impair our servers or networks
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Interfering with any other user's enjoyment of the Services
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Using automated scripts to collect information or interact with the Services
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Creating an unreasonable or disproportionately large load on our infrastructure
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Circumventing any usage limits or restrictions
Data Misuse:
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Harvesting, collecting, or scraping data from the Services without permission
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Using data obtained from the Services for unauthorized marketing or commercial purposes
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Selling, licensing, or exploiting user data
Regulatory Violations:
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Violating any export control laws or sanctions programs
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Engaging in money laundering or terrorist financing
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Violating securities laws or engaging in market manipulation
4.3 Monitoring and Enforcement
We reserve the right, but not the obligation, to:
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Monitor, investigate, and review any use of the Services
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Remove, disable access to, or modify any User Content that violates these Terms
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Report any suspected illegal activity to law enforcement
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Cooperate with law enforcement or regulatory authorities
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Take any technical or legal action we deem necessary to enforce these Terms
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Automagic's Intellectual Property
All Content available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, code, algorithms, designs, trade dress, and the overall "look and feel" of the Services (the "Automagic Content"), is the exclusive property of Automagic LLC, its affiliates, licensors, or content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Automagic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Automagic LLC or its affiliates. You may not use such marks without our prior written permission.
5.2 Limited License Grant
Subject to your compliance with these Terms, Automagic grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes as expressly permitted by these Terms and any applicable subscription or service agreement.
This license does NOT include any right to:
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Resell, redistribute, or commercialize the Services or Content
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Modify, copy, reproduce, or create derivative works of any Content
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Download (other than page caching) or transmit any Content except as expressly permitted
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Use any data mining, robots, scraping, or similar data gathering methods
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Reverse engineer or attempt to extract the source code of any software
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Remove or modify any proprietary notices or labels
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Use the Services in any way that competes with Automagic's business
5.3 Ownership
Automagic retains all right, title, and interest in and to the Services and all Automagic Content. No rights are granted to you hereunder other than the limited license expressly set forth in Section 5.2.
5.4 Feedback and Suggestions
If you provide any feedback, suggestions, comments, ideas, improvements, or recommendations regarding the Services ("Feedback"), you hereby assign to Automagic all right, title, and interest in such Feedback. Automagic shall have the unrestricted right to use, implement, modify, commercialize, and exploit such Feedback without any obligation to compensate you or provide attribution.
5.5 Copyright Infringement Claims (DMCA)
We respect intellectual property rights and expect users to do the same. If you believe any Content infringes your copyright, please submit a notice containing:
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A physical or electronic signature of the copyright owner or authorized agent
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Identification of the copyrighted work claimed to be infringed
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Identification of the infringing material and its location on the Services
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Your contact information (address, telephone number, email)
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A statement that you have a good faith belief that use of the material is not authorized
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A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
Send notices to:
DMCA Agent: Automagic LLC
Email: legal@automagic.com
Address: 102 Timberlake Drive, Royal, AR 71968
We may terminate accounts of repeat infringers.
6. USER-GENERATED CONTENT
6.1 User Content License
When you submit, post, upload, transmit, or otherwise make available any User Content through the Services, you grant Automagic a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in any media formats and through any media channels, now known or hereafter developed, for any purpose, including but not limited to:
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Operating, providing, and improving the Services
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Marketing and promoting the Services
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Developing new products and features
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Research and analytics
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Training machine learning models and artificial intelligence systems
This license survives termination of your Account or these Terms.
6.2 User Content Representations and Warranties
By submitting User Content, you represent and warrant that:
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You own or control all rights to the User Content or have obtained all necessary licenses and permissions
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The User Content does not infringe any third party's intellectual property, privacy, publicity, or other proprietary rights
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The User Content does not violate any applicable laws or regulations
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The User Content does not contain any viruses, malware, or harmful code
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You have the right to grant the licenses set forth herein
6.3 Content Moderation
We reserve the right, but assume no obligation, to:
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Review, monitor, edit, or remove any User Content at any time for any reason
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Screen User Content before it appears on the Services
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Establish general practices and limits concerning User Content storage and transmission
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Cooperate with law enforcement regarding User Content
You acknowledge that we do not endorse any User Content and that User Content does not represent our views or opinions.
6.4 Content Backup
You are solely responsible for creating backup copies of your User Content. We have no obligation to store, maintain, or provide copies of User Content. We may delete User Content at any time without notice.
7. THIRD-PARTY SERVICES AND LINKS
7.1 Third-Party Websites and Services
The Services may contain links to third-party websites, applications, services, products, or content that are not owned, operated, or controlled by Automagic ("Third-Party Services"). We provide these links solely for your convenience and do not endorse, sponsor, or assume any responsibility for Third-Party Services.
7.2 Third-Party Integrations
The Services may integrate with or enable access to Third-Party Services through APIs, plugins, or other mechanisms. Your use of such integrations may be subject to additional terms and privacy policies of the third-party providers.
7.3 Disclaimer of Responsibility
We are not responsible or liable for:
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The content, accuracy, functionality, or availability of any Third-Party Services
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Any damages, losses, or issues arising from your use of Third-Party Services
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The privacy practices or data handling of third-party providers
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Any transactions between you and third-party providers
Your interactions with Third-Party Services are solely between you and the third party. You should review applicable third-party terms and privacy policies before using any Third-Party Services.
7.4 Third-Party Software and Open Source
The Services may incorporate third-party software, including open-source software. Such software may be subject to separate license terms, which will be made available to you as required by applicable licenses.
8. DATA COLLECTION, COOKIES, AND TRACKING TECHNOLOGIES
8.1 Data Collection
By using the Services, you acknowledge and consent to the collection, use, storage, processing, and disclosure of your information as described in our Privacy Policy and these Terms.
8.2 Types of Data Collected
We may collect the following categories of data:
Personal Information:
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Name, email address, phone number, postal address
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Payment and billing information
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Government-issued identification (when required)
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Demographic information
Technical Information:
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IP address, device identifiers, MAC address
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Browser type and version, operating system
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Device type, model, and specifications
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Location data (precise and approximate)
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Network and connection information
Usage Information:
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Pages viewed, features used, links clicked
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Time spent on pages and in the Services
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Search queries and interactions
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Access times and frequency of use
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Referring and exit pages
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Clickstream data
Communications:
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Customer support interactions
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Survey responses
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Feedback and correspondence
8.3 Tracking Technologies
We use cookies, web beacons, pixels, local storage, and similar tracking technologies to:
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Authenticate users and prevent fraud
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Remember your preferences and settings
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Analyze usage patterns and improve the Services
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Deliver targeted advertising and marketing
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Measure the effectiveness of campaigns
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Track conversions and attribution
Types of Cookies:
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Essential Cookies: Required for basic functionality
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Functional Cookies: Enable enhanced features and personalization
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Analytics Cookies: Help us understand how users interact with the Services
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Advertising Cookies: Deliver relevant ads and measure campaign performance
8.4 Cookie Management
You may control cookies through your browser settings. However, disabling cookies may limit your ability to use certain features of the Services. You can also opt out of certain third-party tracking through:
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Network Advertising Initiative opt-out page
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Digital Advertising Alliance opt-out page
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Google Analytics opt-out browser add-on
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Your device's advertising settings (mobile)
8.5 Third-Party Analytics and Advertising
We use third-party analytics and advertising services, including but not limited to:
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Google Analytics, Google Ads, Google Tag Manager
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Facebook Pixel and Meta advertising platforms
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Adobe Analytics
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Mixpanel, Amplitude, or similar analytics tools
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Advertising networks and demand-side platforms
These services may collect data across different websites and services to provide targeted advertising and analytics. They have their own privacy policies governing their data practices.
8.6 Do Not Track Signals
Our Services currently do not respond to Do Not Track (DNT) signals due to lack of industry standards. We will update our practices if standards emerge.
8.7 International Data Transfers
Your information may be transferred to, stored, and processed in countries other than your country of residence, including the United States. These countries may have different data protection laws than your country. By using the Services, you consent to such transfers.
9. PAYMENT TERMS AND BILLING
9.1 Pricing
All prices for Services are listed in United States Dollars (USD) unless otherwise specified. Prices are subject to change at any time without prior notice. We reserve the right to modify pricing, introduce new fees, or discontinue pricing plans at our sole discretion.
Prices do not include applicable taxes, duties, tariffs, or fees imposed by governmental authorities. You are responsible for all such charges in addition to the stated price.
9.2 Payment Authorization
By providing payment information, you:
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Authorize us to charge your designated payment method for all fees and charges
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Represent that you are authorized to use the payment method provided
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Agree to maintain valid payment information on file
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Authorize us to update your payment information through our payment processors
9.3 Payment Methods
We accept payment through various methods including credit cards, debit cards, PayPal, ACH transfers, wire transfers, and other payment processors. Payment processing is handled by third-party payment processors subject to their own terms and privacy policies.
9.4 Billing Cycles
For Subscription Services:
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Billing occurs automatically on a recurring basis (monthly, quarterly, annually, or as otherwise specified)
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You will be charged at the beginning of each billing period
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Billing continues until you cancel your Subscription
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We may change billing dates with notice
9.5 Payment Due and Late Fees
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Payment is due immediately upon purchase or at the start of each billing cycle
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Services may be suspended or terminated for non-payment
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Late payments may incur late fees of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less
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We may charge reasonable collection costs and attorneys' fees for delinquent accounts
9.6 Automatic Renewal
Unless you cancel before the end of your current billing period, your Subscription will automatically renew for successive periods of the same duration at the then-current price. You authorize us to charge your payment method for such renewals.
We may provide advance notice of renewal, but failure to receive notice does not excuse your payment obligation.
9.7 Free Trials and Promotional Offers
We may offer free trials, promotional pricing, or discounted Services. Specific terms will be provided at the time of offer. Unless otherwise stated:
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Free trials automatically convert to paid Subscriptions unless canceled before trial expiration
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Promotional pricing expires after the specified period, converting to standard pricing
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Offers are limited to new customers unless otherwise specified
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Promotional codes cannot be combined with other offers
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We reserve the right to modify or cancel promotions at any time
9.8 Refund Policy
All sales are final. We do not offer refunds except as:
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Required by applicable law
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Expressly stated in a written service agreement
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Determined by Automagic in its sole discretion on a case-by-case basis
Refund requests will not be honored for:
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Change of mind or buyer's remorse
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Failure to use or cancel the Services
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Dissatisfaction with results or outcomes
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Account termination for Terms violations
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Services already rendered or partially used
If a refund is issued, it may be subject to:
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Deduction of processing fees, administrative costs, or usage charges
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Pro-rating based on time or usage
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Cancellation of your Account and access to Services
9.9 Chargebacks and Disputes
Unauthorized Chargebacks:
If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may:
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Immediately suspend or terminate your Account and access to Services
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Charge you reasonable administrative fees for chargeback processing
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Take legal action to recover amounts owed plus costs and fees
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Report fraudulent chargebacks to credit bureaus or fraud databases
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Ban you from future use of the Services
Dispute Resolution Process:
All billing disputes must be submitted in writing to billing@automagic.com within 30 days of the charge date. Disputes submitted after 30 days will not be considered. Include:
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Your account information
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Transaction date and amount
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Detailed explanation of the dispute
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Supporting documentation
We will investigate and respond within 30 days. Our decision is final.
9.10 Taxes
You are responsible for all sales, use, value-added, goods and services, and similar taxes imposed by any jurisdiction ("Taxes"), except for taxes based on our net income.
If we are required to collect or pay Taxes:
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Such amounts will be invoiced to you and you must pay them
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If you are exempt from Taxes, you must provide valid exemption certificates
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You will indemnify us for any Taxes, penalties, or interest arising from your failure to pay
9.11 Suspension for Non-Payment
If payment is not received when due, we may:
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Suspend access to your Account and Services immediately without notice
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Delete your data and User Content
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Charge interest and fees on overdue amounts
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Engage collection agencies or pursue legal action
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Terminate your Account
Resumption of Services after suspension does not waive our rights to collect amounts owed or pursue remedies.
10. SUBSCRIPTIONS AND CANCELLATIONS
10.1 Subscription Terms
Subscriptions provide ongoing access to Services based on the selected plan (monthly, annual, etc.). Subscription terms continue until canceled by you or terminated by us.
10.2 Cancellation by User
You may cancel your Subscription at any time through:
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Account settings on the Platform
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Contacting customer support at support@automagic.com
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Following cancellation procedures provided with your Subscription
Cancellation Effect:
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Cancellation takes effect at the end of the current billing period
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You retain access until the paid period expires
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No refunds for unused time in the current billing period
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No refunds for partial months or early cancellation
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You remain responsible for all charges incurred before cancellation
10.3 Cancellation by Automagic
We may suspend or cancel your Subscription immediately if:
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You violate these Terms
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Payment fails or is declined
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Your Account is associated with fraudulent activity
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Required by law or court order
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We discontinue the Services (with reasonable notice when feasible)
10.4 Effect of Cancellation
Upon cancellation or termination:
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Your license to use the Services terminates immediately
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You must cease all use of the Services
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We may delete your Account, User Content, and data
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You remain liable for all charges incurred prior to cancellation
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Sections of these Terms that by their nature should survive will continue to apply
10.5 No Obligation to Retain Data
We have no obligation to retain your User Content or data after cancellation. We may permanently delete all data associated with your Account without notice or liability.
11. DISCLAIMERS AND WARRANTIES
11.1 "AS IS" and "AS AVAILABLE" Basis
THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
11.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOMAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
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IMPLIED WARRANTIES OF MERCHANTABILITY
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IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
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IMPLIED WARRANTIES OF NON-INFRINGEMENT
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IMPLIED WARRANTIES OF TITLE
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WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
11.3 No Guarantee of Availability
WE DO NOT WARRANT THAT:
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The Services will be uninterrupted, timely, secure, or error-free
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The results obtained from using the Services will be accurate, reliable, or complete
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The quality of any products, services, information, or materials obtained through the Services will meet your expectations
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Any errors or defects in the Services will be corrected
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The Services will be free from viruses, malware, or other harmful components
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The Services will be compatible with your systems or devices
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Data will not be lost, corrupted, or destroyed
11.4 No Professional Advice
THE SERVICES ARE NOT INTENDED TO PROVIDE AND DO NOT CONSTITUTE:
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Legal advice or legal services
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Financial, investment, or tax advice
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Medical, health, or therapeutic advice
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Professional consulting or advisory services
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Any form of licensed professional services
Any information provided through the Services is for general informational purposes only. You should consult appropriate professionals for specific advice tailored to your situation.
11.5 Third-Party Content
We do not warrant, endorse, guarantee, or assume responsibility for any content, products, services, or materials provided by third parties through or in connection with the Services.
11.6 User Responsibility
You acknowledge that:
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Use of the Services is at your sole risk
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You are solely responsible for any damage to your devices or loss of data
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You are solely responsible for your User Content and its consequences
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You must evaluate and verify all information before relying on it
11.7 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you, and you may have additional rights. The disclaimers shall apply to the maximum extent permitted by law.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTOMAGIC, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "AUTOMAGIC PARTIES") BE LIABLE FOR ANY:
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INDIRECT DAMAGES
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INCIDENTAL DAMAGES
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SPECIAL DAMAGES
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CONSEQUENTIAL DAMAGES
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PUNITIVE DAMAGES
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EXEMPLARY DAMAGES
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DAMAGES FOR LOSS OF PROFITS
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DAMAGES FOR LOSS OF REVENUE
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DAMAGES FOR LOSS OF BUSINESS
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DAMAGES FOR LOSS OF DATA
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DAMAGES FOR LOSS OF GOODWILL
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DAMAGES FOR LOSS OF USE
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DAMAGES FOR COST OF SUBSTITUTE SERVICES
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DAMAGES FOR BUSINESS INTERRUPTION
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ANY OTHER INTANGIBLE LOSSES
This limitation applies regardless of the legal theory on which the claim is based, including:
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Breach of contract
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Breach of warranty
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Tort (including negligence)
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Strict liability
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Statutory claims
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Any other legal theory
This limitation applies even if the Automagic Parties have been advised of the possibility of such damages.
12.2 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE AUTOMAGIC PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
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ONE HUNDRED DOLLARS ($100.00), OR
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THE TOTAL AMOUNT PAID BY YOU TO AUTOMAGIC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY
12.3 Basis of the Bargain
You acknowledge that Automagic has set its prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between you and Automagic.
12.4 Exceptions
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the liability of the Automagic Parties shall be limited to the greatest extent permitted by law.
Nothing in these Terms limits liability for:
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Death or personal injury caused by gross negligence or willful misconduct
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Fraud or fraudulent misrepresentation
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Any liability that cannot be excluded or limited under applicable law
12.5 Application to All Claims
The limitations in this Section 12 apply to all claims, whether based on warranty, contract, statute, tort, or any other legal theory, and whether or not Automagic has been informed of the possibility of such damage.
13. INDEMNIFICATION
13.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless the Automagic Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:
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Your use or misuse of the Services
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Your violation of these Terms or any applicable laws or regulations
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Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights
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Your User Content or any content you submit, post, or transmit through the Services
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Your negligent or willful misconduct
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Any dispute or issue between you and any third party
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Any representations, warranties, or guarantees you make regarding the Services
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Your failure to comply with applicable tax obligations
13.2 Defense and Settlement
Upon receiving notice of a claim subject to indemnification, we may:
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Assume exclusive control of the defense and settlement of the claim
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Require you to cooperate fully in the defense
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Approve any settlement that imposes obligations on us
You may not settle any claim without our prior written consent if such settlement imposes any obligation or liability on Automagic or admits any fault or wrongdoing on our behalf.
13.3 Survival
Your indemnification obligations survive termination of these Terms and your use of the Services.
14. TERMINATION AND SUSPENSION
14.1 Termination by You
You may terminate these Terms at any time by:
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Discontinuing all use of the Services
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Closing your Account through the Platform settings
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Sending written notice to support@automagic.com
Termination does not relieve you of any payment obligations or other liabilities incurred prior to termination.
14.2 Termination or Suspension by Automagic
We may immediately suspend, restrict, or terminate your access to the Services, in whole or in part, without notice or liability, for any reason or no reason, including but not limited to:
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Violation of these Terms
-
Suspected fraudulent, abusive, or illegal activity
-
Failure to pay fees when due
-
Requests by law enforcement or government agencies
-
Discontinuation or material modification of the Services
-
Unexpected technical or security issues
-
Extended periods of inactivity
-
Any conduct that we believe is harmful to other users, third parties, or us
14.3 Effect of Termination
Upon termination or suspension:
-
All licenses granted to you immediately terminate
-
You must immediately cease all use of the Services
-
You must destroy all copies of Automagic Content in your possession
-
We may immediately delete or deactivate your Account and all related data and User Content
-
You remain liable for all accrued charges and obligations
-
We may retain certain information as required by law or for legitimate business purposes
-
You lose access to any content, data, or benefits associated with your Account
14.4 No Refunds Upon Termination
If your Account is terminated by us for cause (including violation of these Terms), you are not entitled to any refund of fees paid. We may also seek additional remedies available under law or equity.
14.5 Data Retention and Deletion
Upon termination, we may retain your data for a reasonable period to:
-
Comply with legal obligations
-
Resolve disputes
-
Enforce our agreements
-
Maintain business records
After such period, we will delete or anonymize your data unless longer retention is required by law. We have no obligation to provide you with copies of data after termination.
14.6 Survival
The following provisions survive termination: Sections 4 (User Obligations), 5 (Intellectual Property), 6 (User Content), 9 (Payment Terms), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and any other provisions that by their nature should survive.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms and any dispute arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Arkansas, United States of America, without regard to its conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.2 Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including disputes regarding the existence, validity, interpretation, or termination of these Terms or any provision hereof (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration rather than in court.
Arbitration Agreement:
-
You and Automagic agree to arbitrate all Disputes
-
Arbitration is more informal than a lawsuit in court
-
There is no judge or jury in arbitration
-
Discovery and appeal rights are limited
-
The arbitrator's decision is final and binding
-
The arbitrator can award the same damages and relief as a court
Arbitration Procedure:
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules").
The arbitration will be held in Pulaski County, Arkansas, or another mutually agreed location, or by telephone or video conference.
The arbitrator shall be a retired judge or attorney licensed to practice law. The arbitrator has exclusive authority to resolve all Disputes, including threshold questions of arbitrability.
Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in these Terms. If your claim is for less than $10,000, Automagic will reimburse your filing fee and pay the AAA's and arbitrator's fees.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
15.3 Exceptions to Arbitration
The following Disputes are not subject to arbitration:
-
Claims in small claims court, if the claim qualifies and remains in such court
-
Claims seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property rights
-
Claims brought by either party in any federal, state, or local agency or administrative body to the extent permitted by applicable law
15.4 Class Action Waiver
YOU AND AUTOMAGIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both you and Automagic agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, class, or consolidated proceeding.
If this class action waiver is found to be unenforceable with respect to a particular claim or request for relief, that claim or request shall be severed and shall proceed in court, while any remaining claims shall proceed in arbitration.
15.5 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND AUTOMAGIC WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
15.6 Venue and Jurisdiction
For any Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Pulaski County, Arkansas. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.
15.7 Time Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services must be filed within ONE (1) YEAR after such claim or cause of action arose, or be forever barred.
15.8 Informal Dispute Resolution
Before initiating arbitration or court proceedings, you agree to first contact us at legal@automagic.com to attempt to resolve the Dispute informally. We will attempt to resolve the Dispute informally by contacting you via email.
If a Dispute is not resolved within 60 days of submission, either party may initiate arbitration or court proceedings.
15.9 Opt-Out of Arbitration
You have the right to opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to:
Automagic LLC
Attn: Arbitration Opt-Out
102 Timberlake Drive
Royal, AR 71968
The notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement.
If you opt out, all other provisions of these Terms remain in full force and effect. Opting out will not affect any previous arbitration agreement between you and Automagic.
16. PRIVACY AND DATA PROTECTION
16.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.
By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
16.2 Data Security
We implement reasonable administrative, physical, and technical safeguards to protect your information from unauthorized access, use, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your Account.
16.3 Data Breach Notification
In the event of a data breach that compromises your personal information, we will notify you in accordance with applicable data protection laws and regulations.
16.4 Your Rights
Depending on your jurisdiction, you may have certain rights regarding your personal information, including:
-
Right to access your data
-
Right to correct inaccurate data
-
Right to delete your data (subject to legal exceptions)
-
Right to restrict or object to processing
-
Right to data portability
-
Right to withdraw consent
To exercise these rights, contact us at privacy@automagic.com. We will respond to requests in accordance with applicable law.
16.5 International Users
If you are accessing the Services from outside the United States, you acknowledge that your information will be transferred to, stored, and processed in the United States and other countries where our servers and service providers are located.
These countries may have different data protection laws than your country of residence. By using the Services, you consent to such transfers.
16.6 Children's Privacy
The Services are not intended for children under the age of 13 (or 16 in the European Economic Area). We do not knowingly collect personal information from children under these ages.
If you believe we have collected information from a child, please contact us immediately at privacy@automagic.com, and we will take steps to delete such information.
17. FORCE MAJEURE
17.1 Excused Performance
Automagic shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to:
-
Acts of God (earthquakes, floods, fires, storms, natural disasters)
-
War, terrorism, civil unrest, riots, insurrection
-
Government actions, laws, regulations, orders, embargoes, sanctions
-
Labor disputes, strikes, lockouts
-
Epidemics, pandemics, quarantines
-
Utility failures, power outages, telecommunications failures
-
Internet service provider failures or delays
-
Cyberattacks, hacking, denial-of-service attacks
-
Supply chain disruptions, shortages of materials or labor
-
Acts or omissions of third parties
-
Any other circumstances beyond our reasonable control
17.2 Notice and Mitigation
We will use commercially reasonable efforts to:
-
Notify you of force majeure events affecting the Services
-
Minimize the impact of such events
-
Resume normal operations as soon as reasonably practicable
17.3 Termination for Extended Force Majeure
If a force majeure event continues for more than 60 days, either party may terminate the affected Services or these Terms by providing written notice to the other party.
18. EXPORT CONTROL AND SANCTIONS COMPLIANCE
18.1 Export Control Laws
The Services and underlying technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC).
You agree to comply with all applicable export control laws and regulations and not to export, re-export, or transfer the Services or any technical data derived from the Services, directly or indirectly, in violation of such laws.
18.2 Prohibited Destinations and Persons
You represent and warrant that you and any users under your Account are not:
-
Located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions
-
Identified on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List
-
Owned or controlled by, or acting on behalf of, any such person or entity
Currently sanctioned countries include (but are not limited to): Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine. This list may change.
18.3 Prohibited Use
You agree not to use the Services for any purpose related to:
-
Development, design, manufacture, or production of missiles, chemical or biological weapons, or nuclear weapons
-
Any military or intelligence end-use in sanctioned countries
-
Any activity that would violate U.S. export control laws or sanctions
18.4 Termination for Violations
We may immediately suspend or terminate your access to the Services if we have reason to believe you are in violation of export control laws or sanctions regulations.
19. GOVERNMENT USERS
If you are a U.S. government entity or using the Services on behalf of the U.S. government, the following applies:
The Services constitute "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212 (Sept. 1995). Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the Services with only those rights set forth herein.
20. ACCESSIBILITY
20.1 Commitment to Accessibility
Automagic is committed to making the Services accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
20.2 Feedback
If you encounter accessibility barriers or have suggestions for improvement, please contact us at accessibility@automagic.com.
We will make reasonable efforts to address accessibility issues and accommodate users with disabilities to the extent required by applicable law.
21. COMMUNICATION PREFERENCES
21.1 Electronic Communications
By using the Services, you consent to receive communications from us electronically, including:
-
Emails to your registered email address
-
Notifications through the Platform
-
Text messages (SMS/MMS) if you provide a phone number
-
Push notifications through mobile applications
You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
21.2 Marketing Communications
We may send you promotional emails, newsletters, and other marketing communications about our Services, special offers, and updates.
You may opt out of marketing communications by:
-
Clicking the "unsubscribe" link in marketing emails
-
Adjusting your communication preferences in Account settings
-
Contacting us at unsubscribe@automagic.com
Opting out of marketing communications does not affect transactional, administrative, or legal communications related to your Account or purchases.
21.3 Transactional Communications
You cannot opt out of transactional communications, including:
-
Account confirmations and updates
-
Purchase confirmations and receipts
-
Password resets and security alerts
-
Service announcements and updates
-
Legal notices and policy changes
-
Customer support responses
21.4 Text Messaging Terms
If you provide a phone number and consent to receive text messages:
-
Message and data rates may apply based on your carrier plan
-
Message frequency varies based on your activity and preferences
-
You can opt out at any time by replying "STOP" to any text message
-
Reply "HELP" for assistance
-
We are not liable for delayed or undelivered messages
-
Carriers are not liable for delayed or undelivered messages
22. GENERAL PROVISIONS
22.1 Entire Agreement
These Terms, together with the Privacy Policy and any supplemental terms or agreements, constitute the entire agreement between you and Automagic regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
22.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
22.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.
22.4 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void.
We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including to any affiliate, successor entity, or in connection with any merger, acquisition, reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
22.5 No Third-Party Beneficiaries
These Terms are for the benefit of you and Automagic only and are not intended to confer any rights or remedies upon any third party, except as expressly provided herein (e.g., indemnified parties).
22.6 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and Automagic. You have no authority to bind Automagic or make representations on our behalf.
22.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe the provisions of these Terms.
22.8 Interpretation
As used in these Terms:
-
"Including" means "including but not limited to"
-
Singular terms include the plural and vice versa
-
References to "or" are inclusive (meaning "and/or")
-
References to persons include natural persons, corporations, partnerships, and other legal entities
-
References to "writing" or "written" include electronic communications
22.9 Language
These Terms are drafted in English. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or inconsistency.
22.10 Notices
All notices, requests, demands, or other communications required or permitted under these Terms must be in writing and shall be deemed given:
-
When delivered personally
-
One business day after being sent by reputable overnight courier
-
Three business days after being mailed by certified or registered mail, return receipt requested
-
When sent by email (if to Automagic) with confirmation of receipt
Notices to Automagic:
Email: legal@automagic.com
Address: Automagic LLC, 102 Timberlake Drive, Royal, AR 71968
Attn: Legal Department
Notices to You:
To the email address or physical address associated with your Account.
You are responsible for ensuring your contact information is current and accurate.
22.11 Force and Effect
These Terms shall remain in full force and effect while you use the Services. All provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
22.12 Electronic Signature
Your use of the Services and acceptance of these Terms constitutes your electronic signature, which has the same legal effect as a handwritten signature.
22.13 Updates to Contact Information
It is your responsibility to keep your contact information current. Failure to receive communications due to outdated information does not excuse your obligations under these Terms.
23. SPECIFIC SERVICE PROVISIONS
23.1 Software Services
If the Services include downloadable software applications:
License: We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the software solely for accessing the Services on devices you own or control, in accordance with these Terms.
Updates: We may automatically update the software without notice. Updates may modify or remove features. You consent to such automatic updates.
Restrictions: You may not: (a) reverse engineer, decompile, or disassemble the software; (b) modify or create derivative works; (c) remove proprietary notices; or (d) use the software in violation of these Terms.
Open Source: The software may contain open-source components subject to separate license terms, which will be disclosed as required.
23.2 API Services
If the Services include access to application programming interfaces (APIs):
API License: We grant you a limited license to use our APIs solely to develop, test, and support your applications that interoperate with the Services.
API Terms: API use is subject to additional API documentation, rate limits, and usage restrictions provided separately.
Changes: We may modify, deprecate, or discontinue APIs at any time with reasonable notice when feasible.
Monitoring: We may monitor your API usage for compliance, performance, and security purposes.
Key Security: You are responsible for securing API keys and credentials. Do not share or expose keys publicly.
23.3 Mobile Applications
If the Services include mobile applications:
App Store Terms: Your use may also be subject to the terms and conditions of the applicable app store or platform (Apple App Store, Google Play Store, etc.).
Device Permissions: The app may request permissions to access device features (camera, location, contacts, etc.). You can manage permissions through device settings.
Push Notifications: You may receive push notifications, which can be disabled in device settings.
Mobile Charges: You are responsible for all data charges and fees from your mobile carrier.
23.4 Beta or Pre-Release Services
We may offer beta, pilot, or pre-release features ("Beta Services"):
-
Beta Services are provided for evaluation and testing purposes only
-
Beta Services may be unstable, incomplete, or contain errors
-
Beta Services are provided "AS IS" without warranties
-
We may discontinue Beta Services at any time without notice
-
Beta Services may be subject to additional terms and confidentiality obligations
-
Feedback on Beta Services becomes our exclusive property
24. CUSTOMER SUPPORT
24.1 Support Availability
We provide customer support through various channels, which may include:
-
Email support
-
Live chat (when available)
-
Help center and documentation
-
Community forums
-
Phone support (for certain plans)
Support availability, response times, and channels vary based on your subscription level.
24.2 Support Obligations
While we strive to provide helpful support:
-
We are not obligated to provide support for free or trial accounts
-
Support hours and response times are not guaranteed unless specified in a service level agreement
-
We may limit or deny support if you violate these Terms
-
We are not responsible for resolving issues caused by your misuse, third-party services, or factors outside our control
24.3 Remote Access
To provide support, we may request remote access to your Account or systems. You grant us permission to access your Account when providing support. Such access will be used solely for support purposes and in accordance with our Privacy Policy.
25. MODIFICATIONS TO SERVICES
25.1 Right to Modify
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, temporarily or permanently, with or without notice, for any reason including:
-
Technical improvements or maintenance
-
Changes in business strategy or priorities
-
Legal or regulatory requirements
-
Security or performance issues
-
Low usage or lack of commercial viability
25.2 No Liability
We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, except as required by applicable law.
25.3 Notification
When feasible, we will provide reasonable advance notice of material changes or discontinuations through email, Platform notifications, or other means.
26. COMPLIANCE WITH LAWS
26.1 Your Compliance Obligations
You are solely responsible for ensuring your use of the Services complies with all applicable laws and regulations, including but not limited to:
-
Data protection and privacy laws
-
Consumer protection laws
-
Industry-specific regulations
-
Employment laws (if using Services for business purposes)
-
Accessibility laws
-
Securities laws
-
Tax laws
26.2 Industry-Specific Compliance
If you operate in a regulated industry (healthcare, finance, etc.), you are solely responsible for ensuring your use of the Services complies with industry-specific regulations such as:
-
HIPAA (Health Insurance Portability and Accountability Act)
-
GLBA (Gramm-Leach-Bliley Act)
-
PCI DSS (Payment Card Industry Data Security Standard)
-
SOX (Sarbanes-Oxley Act)
-
Financial industry regulations
We do not represent that the Services are suitable for regulated use cases unless explicitly stated in a separate agreement.
26.3 Prohibited Jurisdictions
The Services may not be available in all jurisdictions. We may block access from certain countries or regions at our discretion.
27. INTELLECTUAL PROPERTY ENFORCEMENT
27.1 Protection of Rights
We actively protect our intellectual property rights. Unauthorized use of our intellectual property may result in:
-
Immediate termination of your Account
-
Legal action, including injunctive relief
-
Claims for damages and attorneys' fees
-
Criminal prosecution where applicable
27.2 Reporting Infringement
If you believe any content on the Services infringes your intellectual property rights, please submit a notice as described in Section 5.5 (DMCA) or contact legal@automagic.com.
27.3 Counter-Notification
If your content was removed due to an infringement claim and you believe the removal was erroneous, you may submit a counter-notification including:
-
Your contact information
-
Identification of the removed content
-
A statement under penalty of perjury that the content was removed by mistake or misidentification
-
Consent to jurisdiction of the federal court in your district
28. BUSINESS TRANSFERS
In the event of a merger, acquisition, reorganization, sale of assets, bankruptcy, or other business transaction involving Automagic:
-
These Terms will remain in effect
-
Your information may be transferred to the acquiring or successor entity
-
The acquiring entity may continue to use your information as described in these Terms and the Privacy Policy
-
We will notify you of any such transfer in accordance with applicable law
29. FEEDBACK AND TESTIMONIALS
29.1 Feedback Ownership
As stated in Section 5.4, any feedback, suggestions, or ideas you provide become our exclusive property. This includes but is not limited to:
-
Feature requests
-
Bug reports
-
Improvement suggestions
-
Product ideas
-
User experience feedback
-
Survey responses
29.2 Testimonials and Reviews
If you provide testimonials, reviews, or endorsements of the Services:
-
You grant us a perpetual, worldwide, royalty-free license to use your name, likeness, and statements for marketing purposes
-
We may edit testimonials for length or clarity
-
You represent that your statements are truthful and based on actual experience
-
You will not provide false or misleading testimonials
-
You may request removal of your testimonial by contacting us
30. RECORDING AND MONITORING
30.1 Call Recording
Customer support calls and other communications may be recorded for quality assurance, training, and legal compliance purposes. By engaging with our support team, you consent to such recording.
30.2 Usage Monitoring
We may monitor your use of the Services for:
-
Security and fraud prevention
-
Compliance with these Terms
-
Performance optimization
-
Analytics and research
-
Quality assurance
31. SUPPLEMENTAL TERMS FOR SPECIFIC JURISDICTIONS
31.1 European Union Users
If you are located in the European Union or European Economic Area:
Legal Basis for Processing: We process your personal data based on:
-
Performance of our contract with you
-
Legitimate interests in providing and improving the Services
-
Compliance with legal obligations
-
Your consent (where applicable)
Data Protection Officer: You may contact our Data Protection Officer at dpo@automagic.com.
Cross-Border Transfers: We may transfer your data outside the EEA using appropriate safeguards such as Standard Contractual Clauses.
Your Rights: You have rights under GDPR including access, rectification, erasure, restriction, portability, and objection. To exercise these rights, contact privacy@automagic.com.
Supervisory Authority: You have the right to lodge a complaint with your local data protection authority.
31.2 California Users
If you are a California resident:
CCPA Rights: Under the California Consumer Privacy Act, you have rights to:
-
Know what personal information we collect, use, disclose, and sell
-
Request deletion of your personal information
-
Opt out of the sale of your personal information
-
Non-discrimination for exercising your rights
We do not sell personal information as defined by CCPA.
To exercise your rights, contact privacy@automagic.com or call 1-800-[PHONE].
California Minors: If you are a California resident under 18, you may request removal of content you posted. Contact privacy@automagic.com with specific identification of the content.
Shine the Light: California residents may request information about disclosure of personal information to third parties for direct marketing purposes. We do not share personal information for third-party direct marketing.
31.3 Nevada Users
Nevada residents may opt out of the sale of certain personal information. To exercise this right, contact privacy@automagic.com.
31.4 Australia Users
If you are located in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
31.5 Other Jurisdictions
Additional terms may apply based on your location. Such terms will be provided to you as required by applicable law.
32. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms, please contact:
Automagic LLC
General Inquiries:
Email: support@automagic.com
Phone: [To be provided]
Legal Notices:
Email: legal@automagic.com
Address: 102 Timberlake Drive, Royal, AR 71968
Attn: Legal Department
Privacy Matters:
Email: privacy@automagic.com
Data Protection Officer (EU):
Email: dpo@automagic.com
Billing Inquiries:
Email: billing@automagic.com
Accessibility:
Email: accessibility@automagic.com
Security Issues:
Email: security@automagic.com
33. ACKNOWLEDGMENT AND ACCEPTANCE
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:
-
You have read and understood these Terms in their entirety
-
You agree to be bound by these Terms and the Privacy Policy
-
You have the legal authority to enter into this binding agreement
-
You understand that these Terms constitute a legally binding contract
-
You consent to electronic communications and disclosures
-
You waive any rights to the extent permitted by law as set forth herein
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
Last Updated: December 25, 2025
Version: 2.0
© 2025 Automagic LLC. All rights reserved.
These Terms and Conditions are effective as of the date stated above. Your continued use of the Services after this date constitutes acceptance of these Terms.