Magical

" The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Magical’s) rights. You understand that Magical owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do! Anything you post, upload, share, store, or otherwise provide through the Services, including any templates (“Templates”) you may produce using the Services, is your “User Submission.” Please note that the following license is subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information. "

" TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MAGICAL (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MAGICAL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY ACTS, OMISSIONS, OR FAILURES OF A THIRD PARTY, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU."

" You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Magical’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent."

" For users located outside of the European Economic Area (EEA) Your registration to use the Site and/or Services constitutes your consent to receive email communications from Magical, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Services, at any time by following the “unsubscribe” link included in the email messages. ‍ For users located in the European Economic Area (EEA) We only send marketing communications to users located in the European Economic Area (EEA) with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within Magical emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails. "

"Upon cancellation of your Subscription, you will no longer have access to the paid subscription Services, but you will maintain access to the unpaid version of the Services, which may contain certain restrictions on use and access. Subscription Pricing Changes you understand that recurring Subscription prices may change in the future, provided that any pricing changes will impact the next recurring billing period. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your Subscription in accordance with the instructions included in that email notice and in the “Cancellation” section above. If you do not timely cancel your Subscription, your Subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your designated Payment Method for these amounts. We will not be able to notify you of any changes in applicable taxes, if any. Direct Billing. Notwithstanding any amounts owed to Company hereunder, the company does not process payments for any Services, unless you have agreed with the Company to transact through ACH or wire payments. If you have agreed with the Company to transact through ACH or wire payments, you will be required to complete a payment authorization form directly with the Company. "

" By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of these Terms. You agree to provide Magical with accurate and complete registration information and to promptly notify Magical in the event of any changes to any such information. You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Magical if there is any reason to believe that a user ID, password or any other security device issued by Magical has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Magical reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request. You are solely responsible for all activity in connection with access to the Services through your account or using your password, and for the security of your computer systems, and in no event shall Magical be liable for any loss or damages relating to such activity."

" We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time without notice. If the changes materially impact the Terms, we will use reasonable efforts to bring it to your attention by placing a notice on the Magical website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to be bound by all of the changes."

" We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice."

" If a counter-notice is received by the Copyright Agent, Magical may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Magical’s sole discretion."

"We may also modify, extend, shorten, or cancel any Promotion at any time. If you violate these Terms, Magical reserves the right to cancel your Promotion."

"Your recurring billing period is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of these Terms, a “day” or “date” begins at 12:00 a.m. Pacific time and ends at 11:59 p.m. Pacific time of that same calendar day. To see your next Subscription renewal billing invoice date and amount, log in to your account and view your account details under “Billing”. Your non-termination of a Subscription reaffirms that we are authorized to charge your designated Payment Method for the applicable Subscription fees for the next recurring billing period. Cancellation. You can cancel your Subscription (i) by logging into your account and selecting “Cancel Subscription” under “Billing” or (ii) by emailing help@getmagical.com . To avoid being charged for your next recurring charge, you must cancel your Subscription at least twenty four (24) hours before the next-scheduled Subscription renewal billing invoice date (which, for the avoidance of doubt, you can view by logging into your account and accessing your account details under “Billing”), unless you have agreed with the Company to transact through ACH or wire payments, in which case you must cancel your Subscription at least thirty (30) days before the next-scheduled Subscription renewal billing invoice date. Once it starts, each recurring billing period is non-refundable. We do not refund or credit for partially used billing periods. "

"See Direct Billing section below. If your primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may use a secondary Payment Method in your account, if available. We reserve the right to revoke access to any feature, product, or service that you have purchased in the event that we are unable to charge your Payment Method for the Purchase that you made. Charges paid by you are final and non-refundable, unless otherwise determined by Magical. Subscriptions. Automatic Renewal and Billing. Certain Magical features and functionality, including our Core and Advanced offerings, are only available to individuals who have Purchased a paid subscription (“Subscriptions”). Subscriptions will consist of a one-time charge, followed by automatically recurring charges (which will typically be monthly or yearly recurring charges). At the time you Purchase the Subscription, you will affirmatively select the cadence of your automatically recurring charges (which will typically be monthly or yearly recurring charges). By Purchasing a Subscription, you acknowledge that there is an initial and recurring automatic payment feature that will be charged to your designated Payment Method at the start of each recurring billing period on your elected Subscription plan, without further authorization from you until you have canceled your subscription (pursuant to the below) or wish to change your Payment Method (by selecting “Change Payment Method” under “Billing” once you have logged into your account). "

" References on the Services to any names, marks, products, or services of third parties, or links to third party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third party linked site or any link contained in any linked site. Your use of a third-party site linked from our Services is at your own risk and will be governed by such third party's terms and policies."

" Neither Magical nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services. The Services are provided “AS IS” and without any warranty of any kind from Magical or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY MAGICAL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU."

" To the fullest extent allowed by applicable law, You agree to indemnify and hold Magical, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account or claims by your customers arising from their use of the Services through your products), (b) your violation of these Terms, or (c), your use of the Services that in any way that violates the terms of services of any Third Party Platform. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder)."

"While we will endeavor to minimize any such disruptions, you acknowledge and agree that we are not responsible for the operations of such Third Party Platforms, and how changes to Third Party Platforms may affect the performance of or your use of the Services. Certain parts of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services are subject to those additional terms and conditions, which are incorporated into these Terms by this reference. ‍ Pricing . General Payment Terms. Magical may allow users to pay for access to certain features, products, or services (“Purchases”). When you make a Purchase we may allow payments through a variety of different methods including but not limited to debit card, credit card, and other online payment methods, as well as ACH or wire payments if you have agreed directly with the Company (“Payment Methods”). See Direct Billing section below. When you choose to make a Purchase, your Payment Method will be charged for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You hereby authorize us to charge your Payment Method for those Purchases. You understand and agree that, by signing up for a paid version of the Services (or by purchasing any other feature, product, or service that we may make available through the services), you will be authorizing Magical, through our payment processor, to collect, store, transfer, and charge your Payment Method on file for the agreed upon amount of that transaction. "

"To facilitate payment for the Services we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. The Company assumes no liability or responsibility for any payments you make to Stripe in respect of the Service. You must provide and maintain a current, complete and accurate Payment Method. You represent and warrant that you have the legal right to use any such Payment Method. By signing up for a Subscription, you agree to pay us, through Stripe, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through Stripe, to charge your Payment Method. We reserve the right to correct any errors or mistakes that Stripe makes even if it has already requested or received payment. "