Terms of Service

1. Your Agreement to These Terms

These Terms form a legally binding agreement between you and MagickApi LLC. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must immediately stop using the Services. Your use is also subject to our Privacy Policy and any additional guidelines posted on the Platform.

• You must accept all terms before using the Services.
• The Privacy Policy and other guidelines are incorporated by reference.
• We may update these Terms to reflect changes in practices, legal requirements, or business operations.
• Material changes will be notified via the Platform or email. Continued use after changes constitutes acceptance.

2. Account and Registration

To access many features, you must register for an account. You agree to provide accurate, current, and complete information and to maintain its accuracy.

• You must be at least 13 years of age (or the minimum age in your jurisdiction) to use the Services.
• If under 18, you may only use the Services with parent/guardian permission and supervision.
• You are solely responsible for maintaining account security and all activities under your account.
• Do not share your login credentials with any third party.
• We reserve the right to suspend, terminate, or restrict your account for violations, legal requirements, security issues, or prolonged inactivity.
• You may request account deletion by contacting us. We will delete or de-identify your information in accordance with applicable law.

3. User Conduct and Prohibited Activities

You agree to use the Services only for lawful purposes and as expressly permitted under these Terms. You shall not, directly or indirectly:

• Exploit, harm, or attempt to harm minors in any manner.
• Generate or disseminate false or misleading information with intent to cause harm.
• Infringe or violate intellectual property, privacy, publicity, or other legal rights of any third party.
• Defame, harass, intimidate, threaten, or disparage any person or group.
• Use for fully automated decisions that may adversely affect an individual's legal rights.
• Discriminate against or harm individuals or groups based on personal characteristics.
• Provide medical advice, diagnoses, or treatment recommendations.
• Generate or use information for administration of justice, law enforcement, immigration, or asylum proceedings.
• Copy, reverse engineer, decompile, or disassemble the Services.
• Use automated means (bots, scrapers) to access or extract data.
• Upload viruses, malware, or any malicious code.
• Interfere with or disrupt the Services or circumvent security measures.

4. Content and License

You may provide Input to the Services and receive Output. Together, Input and Output are referred to as Content.

• You retain all ownership rights in your Input.
• Subject to these Terms, you own the Output generated in response to your Input.
• You grant us a license to use your Content to operate, provide, maintain, improve, and develop the Services
• to comply with laws
• and to enforce our Terms.
• AI-generated Output may be imprecise, incomplete, or inaccurate. You are responsible for evaluating Output before use.
• You must not use Output for high-stakes decisions about individuals (credit, employment, housing, insurance, medical, legal matters).
• Output does not represent our views or opinions.

5. Paid Services and Payments

We offer both Free Services and Paid Services. Paid Services may include subscriptions and one-time purchases.

• Pricing and features are described on the relevant purchase page within the Platform.
• Unless required by applicable law, all prices are exclusive of taxes.
• Failure to pay may result in suspension or termination of Paid Services access.
• Auto-renewing subscriptions will be charged automatically unless canceled before the renewal date.
• Cancel subscriptions through your Apple ID, Google account, or other account settings.
• Refunds: Megick supports refunds if you have not used any credits or services after payment, or if payment succeeded but credits were not delivered to your account.
• For refund requests, email your account, payment amount, and payment order number to [email protected].

6. Intellectual Property Rights

We respect intellectual property rights and expect users to do the same. We reserve the right to remove infringing content and terminate accounts of repeat infringers.

• To report infringement, contact [email protected] with: signature of rights owner or agent
• description of the copyrighted work and proof of ownership
• description and location of infringing material
• your contact information
• a good-faith statement that use is unauthorized.

7. Third-Party Services

The Services may incorporate third-party services, including large language models (LLMs) and APIs. You agree to comply with applicable third-party terms. We do not create or control third-party output and are not responsible for content produced by third-party providers.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, error-free, or that any information obtained will be accurate or reliable. We may change, suspend, withdraw, or restrict the availability of all or any part of the Services at any time without notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our maximum aggregate liability shall be limited to the amount you paid us in the last twelve (12) months or fifty US dollars (USD $50), whichever is higher.

10. Indemnification

You agree to defend, indemnify, and hold harmless MagickApi LLC, our parents, subsidiaries, affiliates, licensors, and third-party partners, and each of their respective officers, directors, employees, and agents, from and against any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Services or your violation of these Terms.

11. Dispute Resolution and Governing Law

All claims or disputes arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in San Francisco County, California. These Terms shall be governed by the laws of the State of California, without regard to conflict of laws rules.

• Waiver of Jury Trial and Class Actions: You and Megick each waive any right to a trial by jury and agree that claims will be brought individually, not as part of a class, collective, consolidated, or representative action.

12. Changes to These Terms

We reserve the right to revise these Terms as necessary. When we make material changes, we will make reasonable efforts to notify you by posting an update on the Platform or sending a notice to your account email. The Last Updated date at the top indicates when changes take effect.

13. Contact Information

If you have any complaints, suggestions, or questions about these Terms, please contact us at [email protected]. We will review the issues as soon as possible and reply in a timely manner after verifying your identity.