THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING MAGIC SUITE.

THESE TERMS OF SERVICE GOVERN YOUR USE OF THE MAGIC SUITE PLATFORM AND SERVICES. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, OR USING OUR SERVICES, YOU REPRESENT THAT:

1. YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS;

2. YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT;

3. THE INFORMATION YOU PROVIDE DURING REGISTRATION IS ACCURATE AND COMPLETE;

4. AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE MAGIC SUITE PLATFORM OR SERVICES.

1. Use of Platform

1.1 Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the
Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information
when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account
unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the “owner” of a particular Platform account, Magic Suite will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If Magic Suite is unable to determine the rightful owner of the Platform Account, Magic Suite reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered Magic Suite to grant access to a specific individual.

1.3 Compliance

You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations, including but not limited to HIPAA and
other data privacy laws. Magic Suite is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulations.

1.4 Privacy

By using the Platform and providing Information on or through the Platform, you consent to Magic Suite’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Magic Suite has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing a level of protection at least equal to that provided to you by Magic Suite. You
must obtain consent from your customers, affirmatively acknowledging that they agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with
these Terms and our Privacy Policy.

You may not use, resell, authorize or permit anyone to use, or license or make available data you obtain from People Data Labs, for any purposes prohibited in the People Data Labs Acceptable Data Use Policy. You further agree to comply with applicable law when collecting personal data that will be sent to People Data Labs.

1.5 Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Magic Suite immediately of any unauthorized access to or use of your Platform Account or login Credentials or any other breach of security. Magic Suite reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Magic Suite’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to Magic Suite to access and monitor your Platform Account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

1.6 Use of Communication Services

The Platform may include certain communication features such as SMS, MMS, email, voice call capabilities, and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. By using these features, you agree that you are solely responsible for all communications sent, ensuring compliance with laws like the TCPA, Do Not Call Registry Rules, and the CAN-SPAM Act. Magic Suite is not responsible for your compliance with these laws and acts only as a communication service provider.

1.7 Third Party Services

You may choose to access Third-Party Services through the Platform. You are responsible for enabling and managing these integrations. By using these services, you grant permission for Magic Suite to share your data with Third-Party Services providers to facilitate integration. Magic Suite is not liable for any actions or omissions by Third-Party Services providers. You are responsible for reviewing and complying with the terms governing your use of these services. Magic Suite does not guarantee compatibility with Third-Party Services and may modify the Platform in a way that affects integration.

1.8 Third Party Content

The Platform may include Third Party Content. Use of such content is at your own risk. Magic Suite does not endorse or take responsibility for Third Party Content, and it makes no representations about its legality or accuracy. You are responsible for ensuring compliance with relevant laws and these Terms when engaging with Third Party Content.

1.9 Platform Updates

Magic Suite reserves the right to make updates or changes to the Platform at any time, including those that may affect the Platform's prior functionality. You agree that your use of the Platform or purchase of Services is not contingent on the future delivery or release of any features or functionalities.

1.10 International Use

If you're in an embargoed country or are a sanctioned individual or entity, you're prohibited from using the Platform. You are responsible for complying with local laws, including export control laws, when accessing the Platform internationally. You agree not to use, export, import, or transfer the Platform, Services, or any associated software or technology in violation of any applicable laws. Magic Suite reserves the right to terminate access for prohibited users.

1.11 Artificial Intelligence Acceptable Use Policy

Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that permits AI usage. If you use AI-based features, you must comply with Magic Suite's Artificial Intelligence Acceptable Use Policy.

1.12 Domain Names

If you purchase a domain name through the Platform, Magic Suite will purchase it on your behalf, with Magic Suite listed as the registrant. You agree to use the domain in accordance with these Terms. A transfer fee may apply if you request a domain transfer.

1.14 Bug Bounty Program

Magic Suite does not have a bug bounty program and prohibits third-party access for network testing or probing, unless expressly permitted.

1.15 Ecommerce Products and Services

You are responsible for the materials you sell through the Platform, including product descriptions, prices, taxes, compliance
with regulations, and customer service. Magic Suite is not involved in the sales transaction, and any legal issues arising from the sale are solely your responsibility. You agree to provide contact information, a refund policy, and order fulfillment timelines. Magic Suite reserves the right to remove any content that violates these Terms, but it is not obligated to do so.

2. Code of Conduct

   
   You agree to comply with the Code of Conduct outlined in Exhibit A while using the Platform. Magic Suite reserves the right to take appropriate action, including terminating your account, if you breach this agreement, including the Code of Conduct.

3. Payment 3.1 Fees and Auto-Renewal

   
   3.1 Fees and Auto-Renewal
   

   You must provide accurate billing details and inform us of any updates within 10 days. Fees for using the Platform may include subscription fees, service fees, or usage-based charges, and are subject to change. Subscription fees are billed in advance, while usage-based fees are charged monthly.

   Your subscription begins immediately upon account creation, including during the setup process, and fees will be charged accordingly. Magic Suite will automatically charge the card on file when fees are due.

3.2 Late Payments and Payment Disputes

If your payment is declined, we will re-attempt to charge your for 7 business days. If unsuccessful, your account may be canceled due to non-payment. You may be required to settle overdue fees, including third-party charges, by other means. If legal action is necessary, you agree to cover all related costs, including attorney fees. For any disputes, notify us in writing within 30 days.
Payment must continue during the dispute process, and our decisions regarding payments are final.

3.3 Cancellations

You may cancel your subscription through your account, support ticket, or by phone. You are responsible for cancellation and fees incurred until cancellation. No refunds will be issued if cancellation is not properly completed.

3.5 Refunds

Magic Suite's fees are non-refundable, including subscriptions, Communication Surcharges, and third-party service resales. You are responsible for any excess fees resulting from errors or omissions. Magic Suite may deny refunds or credits at its discretion, and their decision is final, except where required by law. Refunds or credits will not be issued for partially used services.

4. Intellectual Property

4.1 Platform Content

The Platform and its content are owned by Magic Suite or its licensors and protected by intellectual property laws. Magic Suite grants you a non-exclusive, royalty-free, personal license to access and use the Platform content for your use and your customers' use. Any other use of the content, such as reproducing, modifying, or distributing, requires Magic Suite's prior permission and is prohibited without it.

4.2 Prohibited User Contributions

You are prohibited from posting content that is unlawful, threatening, harassing, abusive, defamatory, deceptive, fraudulent, or invasive of privacy. This includes content that targets individuals or groups based on characteristics like religion, gender, or race, infringes on intellectual property rights, or breaches platform security. Attempting to access secure or protected areas of the platform is also prohibited.

5. Disclaimers

Magic Suite makes no guarantees regarding your business's profitability or success using the platform. The platform is provided "as is" and "as available," without any express or implied warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose. You agree that your use of the platform is at your own risk, and Magic Suite will not be liable for any damage to your computer system or loss of data. Magic Suite makes no warranty that the platform will meet your needs, be uninterrupted, secure, error-free, or meet your expectations. Magic Suite is not responsible for any data interception or loss while transmitted over the internet or telecommunications providers' networks. Any transactions conducted through third-party services are done at your own risk, and Magic Suite makes no warranty regarding such services. Magic Suite also reserves the right to modify or discontinue the platform at any time without notice, including changes to pricing or services. Beta or early release products are provided "as is" and may be terminated at any time. No warranties are provided for these products. Some limitations may not apply depending on your jurisdiction.

6. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy for any claims arising from your use of the Platform or Services is limited to the amount you paid Magic Suite for services in the three months prior to the incident. Magic Suite is not liable for special, incidental, or consequential damages, including data loss or malicious code. Magic Suite is also not responsible for third-party services or transactions. You agree to indemnify Magic Suite against claims related to your use of the Platform, including breaches, legal violations, and any claims involving your agents or customers. If the Platform infringes a third-party intellectual property right, Magic Suite may choose to modify or replace the Platform, obtain rights for you to continue using it, or ask you to cease use.    

7. Guarantee Extension

7.1 Definition of ‘Lifetime

’The term ‘Lifetime’ refers to the lifetime of the subscription period.

7.2 Freebies and other promotional offers remain valid only while the subscription is active.

Once the subscription is canceled, all lifetime benefits, including freebies, will no longer be available.

Freebies During the 'Money Back Guarantee' PeriodFreebies provided as part of a limited-time offer will be in trial mode during the Money Back Guarantee period.If a client chooses to activate the freebies in full mode during this period, they will incur the cost of the freebies if they later decide to terminate their subscription and request a full refund under the Money Back Guarantee.

7.3 Freebies and Subscription Cancellation

Clients can cancel their subscription at any time. If cancellation occurs outside of the Money Back Guarantee period, no additional costs will be charged for any previously received freebies.

MAGIC SUITE RESERVES THE RIGHT TO ENFORCE THESE TERMS TO PREVENT MISUSE OF PROMOTIONAL OFFERS AND ENSURE FAIR USE OF THE PLATFORM'S SERVICES.