Terms of Service

Last updated: November 19, 2024

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer” or “you”) and MagicID (“Company,” “we,” or “us”) governing your access to and use of MagicID’s services, including the Magic Auto Sign-up and Magic Verified Guest Checkout (collectively, the “MagicID Services”). By accessing or using the MagicID Services, you agree to be bound by these Terms. If you are using the MagicID Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms, and “Customer” will refer to both you and the entity.

1. Use of the MagicID Services

1.1 Right to Use. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the MagicID Services during the term of this agreement.

1.2 Restrictions. You agree not to:

• Use the MagicID Services for any unlawful purpose or in violation of any applicable laws.

• Reverse engineer, decompile, or disassemble any part of the MagicID Services.

• Resell, distribute, or sublicense the MagicID Services to any third party.

2. Customer Responsibilities

2.1 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Compliance. You agree to comply with all applicable laws and regulations in connection with your use of the MagicID Services.

3. Fees and Payment

3.1 Fees. Fees for the MagicID Services are as specified in your order or subscription agreement.

3.2 Payment Terms. Payments are due as specified in your order or subscription agreement. Late payments may result in suspension or termination of your access to the MagicID Services.

4. Intellectual Property

4.1 Ownership. We retain all rights, title, and interest in and to the MagicID Services, including all related intellectual property rights.

4.2 Feedback. Any feedback you provide regarding the MagicID Services may be used by us without restriction or obligation.

5. Confidentiality

5.1 Definition. “Confidential Information” includes any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

5.2 Obligations. Each party agrees to protect the other’s Confidential Information with the same degree of care it uses to protect its own confidential information and not to disclose it to any third party except as permitted by these Terms.

6. Warranties and Disclaimers

6.1 Disclaimer. The MagicID Services are provided “as is” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

7.1 Exclusion of Damages. In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or your use of the MagicID Services.

7.2 Cap on Liability. Our total liability for any claim arising out of or relating to these Terms or the MagicID Services will not exceed the amount paid by you to us for the MagicID Services in the twelve (12) months preceding the claim.

8. Term and Termination

8.1 Term. These Terms commence on the date you first use the MagicID Services and continue until terminated.

8.2 Termination. Either party may terminate these Terms for any reason upon thirty (30) days’ written notice. We may also terminate these Terms immediately if you breach any provision of these Terms.

8.3 Effect of Termination. Upon termination, your right to use the MagicID Services will immediately cease, and you must cease all use of the MagicID Services.

9. Miscellaneous

9.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the jurisdiction in which MagicID is headquartered, without regard to its conflict of law principles.

9.2 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the MagicID Services and supersede all prior agreements and understandings.

9.3 Amendments. We may modify these Terms by posting a revised version on our website. Your continued use of the MagicID Services after such posting constitutes your acceptance of the revised Terms.

9.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

9.5 Notices. Notices under these Terms must be in writing and will be deemed given when delivered personally, sent by email, or sent by recognized overnight courier.

9.6 Waiver. The failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.

9.7 Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

By using the MagicID Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.