Terms of Service

 

Updated: 07 Apr. 2024

To use MagicBG services, you shall read and abide by the MagicBG Terms of Service ("Terms"), along with the Privacy Policy (“Privacy Policy”), both offered by SAILFISH PTE. LTD. Address: 60 PAYA LEBAR ROAD #08-10 PAYA LEBAR SQUARE SINGAPORE (409051).

Please be sure to carefully read and fully understand the content of each clause.

Unless you have read, fully understood and accepted all the terms and conditions of the Terms, you have no right to use MagicBG services. If you use MagicBG services or accept the terms in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the terms.

By creating an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.

By agreeing to these Terms, you are also agreeing to the Privacy Policy.

 

1. PRIVACY POLICY

As a provider of the online service, we require users to provide certain information when registering to receive our Services. All information provided by Users is collected, used, maintained, shared, and destroyed in accordance with MagicBG's Privacy Policy, available here, and incorporated into this Agreement by reference.

 

2. SERVICES USAGE AND RESTRICTIONS

2.1 LICENSE TO USER CONTENT

For any content submitted by Users through the Services, Users grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, publish, list information regarding, translate, distribute, publicly perform, publicly display, and create derivative works. Users represent and warrant that they have all necessary rights to grant this license, including consents and authorizations from individuals in the User Content and licenses from third parties. By using the Services, Users authorize MagicBG to use the content they submit through the Services to improve, train, and develop MagicBG’s products and services.

To the extent permitted by applicable law, we assume no responsibility or liability for any content submitted, posted, or made available by Users through the Services. Users are fully responsible for the consequences of their content's submission, posting, or availability via the Services. Users acknowledge and agree that we act solely as a passive conduit for their and their Authorized Users’ online distribution of such User Content.

Where explicitly stated on this Application, the User may download, copy, and/or share certain content available through this Application for their sole personal and non-commercial use, provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.

2.2 USER CONTENT RESTRICTIONS

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.

You shall be fully responsible for your use of MagicBG and for your User Content. You agree not to upload, generate, store or distribute any of the following content via MagicBG:

• May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

• May create a risk of any other loss or damage to any person or property;

• Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

• May constitute or contribute to a crime or tort;

• Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;

• Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

• Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• Contains any information or content that you know is not correct and current; or (ix) to the extent applicable, violates any school or other applicable policy, including those related to cheating or ethics.

You agree that the content you submit through the Services that you submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy, and that you have the power to grant the license granted above.

The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.

For the purposes of this Terms: (i) “Content” means text, audio, photographs, images, videos, graphics and other information, materials or content, works of authorship in any form, and information or other materials posted, generated, uploaded or otherwise made available through MagicBG; (ii) “User Content” means any content uploaded or provided by users of MagicBG and to be make available through MagicBG.

2.3 GENERATIVE AI FEATURES

The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as input text, images, or other content (“Input”). Based on the Input, you may generate and receive as output content such as text, images (“Output”). Your Input and Output are considered User Content under these Terms and, as between you and us, your Input and Output are yours.

You represent and warrant that:

• You own or have all necessary rights and permissions to use and submit the User Content, including any rights required for generative AI processing, training, or modification;

• Your User Content is true, accurate, lawful, and does not infringe any third-party rights (including intellectual property, privacy, or confidentiality);

• You are solely responsible for all royalties, fees, and other obligations related to the User Content;

• You will not misrepresent or misuse any Output, including implying it is human-generated or using it for legally or ethically sensitive matters without proper authorization.

Without limiting section 2.2 (USER CONTENT RESTRICTIONS), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:

• Upload, generate, or distribute content that exploits or abuses children in any way;

• Upload, generate, or distribute sexually explicit or profane content, including pornography or content intended for sexual gratification;

• Facilitate or engage in illegal, malicious, or harmful activities (e.g., spam, malware, phishing, bypassing safety filters);

• Promote or depict gratuitous violence, hate speech, or discrimination based on protected characteristics (e.g., race, gender, religion, nationality, etc.);

• Encourage or promote dangerous behavior, including the use of alcohol, drugs, explosives, firearms, or related accessories.

We make no representations or warranties regarding the Output. You agree not to rely on any Output for any purpose, and acknowledge that any use of the Output is at your own risk. We disclaim all liability for any consequences arising from your use of the Output.

3. POLICY OF COPYRIGHT

Users cannot use MagicBG for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright and other proprietary rights). If you are the copyright owner or an authorized representative believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information as follows:

• A physical or electronic signature of the authorized person to act on behalf of the owner. Identification of the claimed copyright content to have been infringed.

• A statement that you have good faith and belief that use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law.

• A statement made under penalty of perjury that all the above information is correct and you are the copyright owner or are authorized to act on behalf of the copyright owner.

We respect the intellectual property rights of others and will respond to clear notices of the alleged infringement. Your notice may not be valid, you acknowledge that if you fail to comply with all of the requirements of this section.

 

4. GENERAL TERMS OF PAYMENT

MagicBG team reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

 

5. SUBSCRIPTIONS

By subscribing to the Service, you agree to become a subscriber for the period you have selected. All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.

If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.

 

6. SERVICE MODIFYING & TERMINATION

If you are found in violation of our Terms or Services in any way, shape or form, then we might have to terminate or suspend access to our Service immediately, although we’ll be sorry that this happened.

Company reserves the right:

• To modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website. Your use of the Website and/or continued use of the Services after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion;

• To modify, add to, suspend, or delete any aspect of this Website or Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, live chat support, e-mail support, availability of applications, number of protocols, add-ons, equipment needed for access or use, change of the layout of the Website, subscription packages, availability of any feature, promotional offers, and revision to pricing for subscription packages;

• To refuse to provide access to the Website and/or the Services or terminate your Services in violation of any of these Terms or for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted, loss of services, any damages, and loss in business, as a result of the Account termination;

• To introduce new charges, fees or other conditions for use of the Service or parts thereof at any time;

• To ask you to verify yourself for any reason at any time at our sole discretion. In case you fail to provide sufficient proof of your identity, as requested by us, your Account shall be terminated and no refund shall be applicable;

• To terminate your account in case if you fail to ensure the security of your Account and prevent unauthorized usage of your Account;

 

7. CANCELLATION & REFUND POLICY

All amounts paid are non-refundable. MagicBG may consider in its discretion and on a case-by-case basis certain refund requests for subscriptions.

 

8. USER RESPONSIBILITY

Users are responsible for protecting the security of their personal account information and must not disclose their account passwords to others or authorize others to use their account. Users are not allowed to engage in any illegal or prohibited activities using MagicBG services, including but not limited to infringing on the rights of others and distributing harmful information.

 

9. THIRD PARTY LINKS, AND INFORMATION

The Services may integrate with or contain third-party products, services, materials, or information not owned or controlled by us. We do not endorse or assume any responsibility for such Third Parties Materials. If users access any third-party website or service, they do so at their own risk. Users acknowledge and agree that the Agreement and our Privacy Policy do not apply to their use of such sites or services. Users expressly relieve us from any liability arising from their or their Authorized Users’ use of any Third Parties Materials.

 

10. DISCLAIMERS

Although every precaution has been taken to verify the accuracy of the information contained herein, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information, materials, and software found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information, materials, or software on this website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

MagicBG reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject MagicBG or our customers to liability.

The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.

 

11. LIMITATIONS OF LIABILITY

MagicBG shall not be liable for any loss or damage incurred by any Subscriber or individual due to:

• Any failure or interruption of the Site or Service;

• Any act or omission of any Third Party involved in providing the Site or Service or its data;

• Any other cause related to your access, use, or inability to access or use any portion of the Site or its Content;

• Your interactions on the Site or Service;

• Your failure to comply with this Agreement;

• The cost of procuring substitute goods or services; or

• Unauthorized access to or alteration of your transmissions or data, whether or not within MagicBG's control or that of any vendor providing software, services, or support for the Site or Service.

In no event will MagicBG, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or any other loss or damage of any kind, even if advised of the possibility thereof. This limitation shall not apply to the extent prohibited by applicable law.

 

12. INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless MagicBG, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Services, or any of your other acts or omissions.

 

13. UPDATES

MagicBG may update the Terms from time to time without notice. If you continue to use MagicBG’s Services, Content, Site, Apps, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.

 

14. CONTACT US

If you have questions regarding the Terms, please contact us at support@magicbg.net.