End User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and TeleMagic, regarding your use (the “Terms”) of the TeleMagic mobile application (the “Software”). It does not grant you a license in or to any other part of the TeleMagic Platform (the “Service”). This agreement does not grant you any rights of ownership.

About our services

Account Registration. To create an account you must register for our Services using your phone number and/or email address. You agree to receive text messages, emails, and phone calls (from us or our third-party providers) with verification codes to register for our Services.

Privacy of user data. TeleMagic does not sell, rent or monetize your personal data or content in any way – ever. For more information on privacy, check our Privacy Policy.

Person-to-Person Use Only. Our Services are for person-to-person (P2P) communication only: calls and messages that you personally make or send to people you know or are in a conversation with. You will not use our Services for application-to-person (A2P) or commercial communications, including marketing, advertising, or promotions; political, fundraising, or survey campaigns; customer notifications, alerts, or appointment reminders; one-time passcodes or verification codes; lead generation; or any calls or messages sent on behalf of a business or through software, a platform, or an automated system. Mobile carriers filter and block traffic that is not person-to-person. We may block calls or messages, and limit, suspend, or terminate your account, if we believe your use is not person-to-person.

Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.

Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services. TeleMagic charges you a monthly subscription fee for using our Services. For security purposes, TeleMagic does not store your credit card information on its servers. By starting a subscription, you authorize TeleMagic’s third-party payment processor to charge your selected payment method automatically on a monthly recurring basis. You may start a subscription before the end of your promotional period (if applicable) to enable certain features. You are responsible for all authorized charges. If subscription fees are not paid, you are in breach of these terms, and our system will automatically disconnect your service.

International Calling Credit. Your subscription includes calls to the United States, its territories, and U.S. toll-free numbers. Calls to all other destinations, including Canada and the Caribbean, require prepaid international calling credit. The TeleMagic app shows the per-minute rate for a destination as you dial it. By placing a call to a destination that requires credit, you agree to be charged the per-minute rate displayed in the app for that call, deducted from your credit balance and billed in the increments our carriers use. Rates vary by destination and may change; the rate that applies is the one in effect when your call starts. A call ends when your credit can no longer cover it, and some destinations are not available. When you add credit, you authorize TeleMagic’s third-party payment processor to charge your payment method on file for the amount shown and, if automatic refill is on, to charge the refill amount shown in your account whenever your balance falls below the refill threshold shown there. You can turn automatic refill off at any time in your account. Credit is non-refundable, has no cash value, and cannot be transferred, but it does not expire, even if your subscription ends.

Using TeleMagic

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of TeleMagic, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing.

Harm to TeleMagic. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm TeleMagic, our Services, or systems. (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; (e) sell, rent, or charge for our Services.

Keeping Your Account Secure. TeleMagic embraces privacy by design and does not have the ability or desire to access your messages. You are responsible for keeping your device and your TeleMagic account safe and secure. If you lose your phone, your message may be permanently lost. TeleMagic does not store a copy of your messages on our servers.

No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.

Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

Your Rights and License with TeleMagic

Your Rights. You own the information you submit through our Services. You must have the rights to the phone number and/or email you use to sign up for your TeleMagic account.

TeleMagic’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our intellectual property unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact [email protected].

TeleMagic’s License to You. TeleMagic grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

Disclaimers and Limitations

Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. TELEMAGIC DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “TELEMAGIC PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Limitation of liability. THE TELEMAGIC PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE TELEMAGIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE TELEMAGIC PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Resolving Disputes and Ending Terms

Resolving disputes. TeleMagic originates and is located in the United States of America (U.S.). This Agreement and the relationship between you and TeleMagic shall be governed by the laws of the State of New Jersey in the U.S., excluding its conflicts of law provisions. You and TeleMagic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, New Jersey, to resolve any dispute or claim arising from this Agreement even if (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of a country other than the U.S., without regard to any conflict of law provisions, and you hereby irrevocably submit to the exclusive jurisdiction of the courts located in the State of New Jersey. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Ending these Terms. You may end these Terms with TeleMagic at any time by deleting the TeleMagic App from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for TeleMagic. The following provisions will survive termination of your relationship with TeleMagic: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.

General

General. TeleMagic may update the Terms from time to time. When we update our Terms, we will update the “Last Updated” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and TeleMagic regarding our Services. If you do not agree with our Terms, you should stop using our Services.

Severability and Waiver. If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at [email protected].