Terms of Service

1. Agreement to Terms

By accessing or using MagiQ AI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users, including visitors, customers, and others who access or use the Service.

MagiQ AI is an AI-powered sales intelligence platform that provides account discovery, win probability scoring, sales strategy generation, and personalized outreach capabilities for B2B sales teams.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Service.

2.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

2.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account information.

3. Service Description

MagiQ AI provides the following services:

• Account Discovery: AI-powered matching of accounts to your Ideal Customer Profile
• Win Probability Scoring: Predictive scoring algorithm to identify high-probability deals
• Account Intelligence: Comprehensive company and stakeholder insights
• Sales Strategy Generation: AI-generated sales strategies and battle plans
• Personalized Outreach: AI-crafted emails and messaging for stakeholders
• CRM Integration: Integration with Salesforce, HubSpot, and other CRM platforms

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. Pricing and Payment

4.1 Credit-Based Pricing

MagiQ AI uses a pay-as-you-go credit system. Credits are purchased in advance and used as you consume features. 1 credit = $1 USD. Credits do not expire and can be used at your own pace.

4.2 Payment Terms

• All payments are processed securely through third-party payment processors
• Prices are subject to change with 30 days' notice
• All fees are non-refundable except as required by law or as explicitly stated
• You are responsible for any taxes applicable to your purchase

4.3 Refunds

Credits are non-refundable once purchased. If you believe you are entitled to a refund, please contact our support team at support@magiqai.io.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate any intellectual property rights of MagiQ AI or third parties
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, redistribute, or sublicense access to the Service
• Use the Service to send spam, unsolicited messages, or violate anti-spam laws
• Interfere with or disrupt the Service or servers
• Collect or harvest information about other users

Violation of these terms may result in immediate termination of your account and legal action.

6. Intellectual Property

6.1 Our Rights

The Service, including all content, features, functionality, algorithms, and technology, is owned by MagiQ AI and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6.2 Your Content

You retain ownership of any data, content, or materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us:

• A worldwide, non-exclusive, royalty-free license to use, store, and process Your Content to provide the Service
• The right to use aggregated, anonymized data for improving our algorithms and services

6.3 AI-Generated Content

Content generated by our AI (including sales strategies, emails, and recommendations) is provided "as is" for your use. You are responsible for reviewing, editing, and ensuring compliance of AI-generated content before use.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

You are responsible for ensuring that any data you upload complies with applicable privacy laws, including obtaining necessary consents for processing personal information.

8. Service Availability and Disclaimers

8.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content
• Warranties that Win Probability Scores or predictions will be accurate

8.3 AI Limitations

Our AI-powered features are designed to assist your sales process but are not a substitute for professional judgment. You are responsible for verifying all information and making independent business decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIQ AI SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use the Service
• Damages resulting from AI-generated content or recommendations
• Damages resulting from third-party integrations or data sources

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless MagiQ AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or any content you transmit through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You fail to pay fees when due
• We discontinue the Service

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account and data in accordance with our Privacy Policy. Unused credits are forfeited upon termination unless required by law.

12. Third-Party Services

The Service may integrate with third-party services (CRM platforms, email providers, etc.). Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive your right to participate in class-action lawsuits or class-wide arbitrations.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MagiQ AI regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Information

If you have questions about these Terms, please contact us: