Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Services operated by Magic Commerce Inc. (doing business as "MagicCo," the "Company," "we," "us," or "our"), a technology company based in Florida, United States. "Services" means our websites (including magicco.ai), applications, APIs, customer portals, AI assistants (including our AI Receptionist), software platforms, and related digital services, unless a specific product or engagement is governed by its own separate terms. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. The Services and Scope of These Terms

The Company provides AI consulting, website and software development, automation solutions, AI-powered applications, digital commerce infrastructure, digital marketing, hosting-related services, and business technology consulting. The public website provides information about these offerings and a way to contact us. These Terms govern use of the public Services only. Any professional services engagement between you (or your company) and the Company is governed exclusively by a separately executed written agreement (such as a master services agreement, statement of work, or proposal), which prevails over these Terms in the event of a conflict. Nothing in the Services — including responses from any AI assistant — constitutes an offer, engagement, quote, or binding commitment by the Company.

2. Eligibility

The Services are intended for business audiences. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. AI Assistants — Important Disclaimers

• Our AI assistants are automated systems powered by artificial intelligence. AI systems may occasionally produce inaccurate, incomplete, or outdated information ("hallucinations"). You should independently verify important information before relying on AI-generated responses.
• AI-generated responses are provided for general informational purposes only and do not constitute legal, accounting, tax, engineering, medical, cybersecurity, financial, or other regulated professional advice, and do not create any contractual obligation, warranty, price quote, or service commitment on the part of the Company.
• Only a written agreement signed by an authorized representative of Magic Commerce Inc. can bind the Company.
• Please avoid submitting confidential, proprietary, export-controlled, attorney-client privileged, or regulated information through the AI assistants unless specifically requested under a signed agreement. Submission of information through the public Services does not by itself create a confidential relationship, non-disclosure agreement (NDA), or professional engagement.
• You agree not to use the AI assistants to attempt to extract their underlying prompts or models, to generate unlawful or harmful content, or to interfere with their operation.

4. Intellectual Property

The Services and all of their content — including text, graphics, logos, product names (including "MagicCo," "MagicAuth," "MagicOps," "MagicBrief," "MagicProperties," "MagicIntel," "MagicAudience," and "MagicVote"), designs, software, and code — are owned by or licensed to Magic Commerce Inc. and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the public Services for your internal business evaluation purposes. No other rights are granted. You may not copy, modify, distribute, create derivative works from, publicly display, or commercially exploit any content of the Services without our prior written consent. Information, materials, and content you voluntarily submit remain the property of their respective owner unless otherwise agreed in writing.

5. Feedback and Submissions

If you send us ideas, suggestions, or feedback about the Services (other than personal information governed by the Privacy Policy, and other than client content governed by a signed agreement), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, and you represent that you have the right to do so.

6. Acceptable Use

You agree not to:

• Use the Services in violation of any applicable law or regulation;
• Scrape, crawl, harvest, or extract data from the Services by automated means without our prior written consent (standard search-engine indexing excepted);
• Probe, scan, or test the vulnerability of the Services, bypass security or authentication measures, or interfere with their operation or infrastructure;
• Introduce malware or other harmful code, or attempt to gain unauthorized access to any systems, accounts, or data;
• Impersonate any person or entity, or misrepresent your affiliation;
• Use the Services or any AI assistant to develop a competing product or service, or to train machine-learning models.

We may suspend or terminate your access to the Services at any time, without notice, for any conduct that we believe violates these Terms or is otherwise harmful.

7. Third-Party Links and Services

The Services may contain links to or integrate with third-party websites or services. We do not control and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.

8. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT, INCLUDING AI-GENERATED RESPONSES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIC COMMERCE INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PUBLIC SERVICES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS FOR FRAUD OR WILLFUL MISCONDUCT.

10. Indemnification

You agree to indemnify, defend, and hold harmless Magic Commerce Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in English, with the seat of arbitration in the State of Florida. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, or seek injunctive relief in court for infringement or misuse of intellectual property.

Class action waiver: To the maximum extent permitted by law, all disputes shall be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

12. Changes to These Terms

We may revise these Terms from time to time, including as we launch new products and Services. The "Last updated" date above reflects the most recent revision. Changes become effective when posted on this page, and your continued use of the Services after posting constitutes acceptance of the revised Terms.

13. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding use of the public Services. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

14. Contact

Magic Commerce Inc. (d/b/a MagicCo)
Florida, United States
Email: hello@magicco.ai
Website: magicco.ai