Terms of Service
Effective Date: February 23, 2026
These Terms of Service ("Terms") are a legal agreement between you and Magikal LLC ("Magikal," "we," "our," or "us") and govern your access to and use of our content generation services for marketing teams (the "Services"). By using the Services, you agree to these Terms.
1. Eligibility and Account Responsibility
You may use the Services only if you can form a binding contract and are authorized to act on behalf of your organization, if applicable. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
2. Free Trial, Pricing, and Payments
We may offer free trial access. Trial availability, duration, features, and limits may change at any time.
Paid features may be billed through Stripe. You agree to provide accurate billing information and authorize charges for selected plans and usage.
Unless required by law, fees are non-refundable. Any discretionary refund decisions are made by Magikal on a case-by-case basis.
3. Acceptable Use
You agree not to use the Services to create, upload, or distribute content that is unlawful, infringing, fraudulent, abusive, or otherwise harmful.
You must not use the Services to:
- Generate illegal content or facilitate illegal activity.
- Generate content that infringes intellectual property rights, including copyright.
- Circumvent safeguards, probe vulnerabilities, or interfere with platform security.
- Access or use the Services in a way that harms our systems or other users.
4. AI Output and User Content
You are responsible for the prompts, inputs, and content you submit to the Services, and for reviewing and validating AI output before use.
AI-generated output may be incorrect, incomplete, or similar to content generated for others. You should use independent judgment before relying on output for business, legal, or compliance decisions.
5. Suspension and Termination
We may suspend or terminate access to the Services if we believe you violated these Terms, created risk to the platform, or as required by law.
You may stop using the Services at any time. Certain obligations, including payment obligations and liability limitations, survive termination.
6. Warranties Disclaimer
The Services are provided "as is" and "as available." To the maximum extent permitted by law, Magikal disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
7. Limitation of Liability
To the maximum extent permitted by law, Magikal and its officers, employees, and affiliates are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or business opportunities.
Magikal's total aggregate liability arising out of or related to the Services will not exceed the greater of (a) amounts paid by you to Magikal for the Services in the twelve (12) months before the event giving rise to liability, or (b) USD $100.
8. Indemnification
You agree to defend, indemnify, and hold harmless Magikal and its affiliates, officers, and employees from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law.
9. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to their jurisdiction.
10. Changes to These Terms
We may update these Terms from time to time. Updated Terms are effective upon posting unless otherwise stated. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
11. Contact Information
Magikal LLC
7055 Helsem Way, Dallas, TX 75230, USA
Email: archer.hobson@gmail.com