Terms and Conditions
By using the www.magnetichq.com web site (“Service”), or any services of Magnetichq (“Magnetichq”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Magnetic Software reserves the right to update and change the Terms of Service from time to time without notice. All users will be informed via email of any change. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Magnetic Software prohibits such conduct and Content on the Service, you understand and agree that Magnetic Software cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Magnetic Software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Contract and Cancellation
- Subject to the provisions of paragraphs 1, 2 and 5 below, the contract will endure for an initial period of 6 calendar months, commencing on the first billing date of the contract, whereafter it will automatically renew for a further six calendar months, such automatic six-monthly renewals thereafter continuing into perpetuity.
- There is a 5 working day “cool off” period post signing of this cost estimate. Cancellations received during this period will be processed for cancellation immediately and billed pro-rata for active users during these first 5 or fewer days.
- At any time after the first five calendar months of this contract has elapsed, either party may cancel this contract by providing the other with 30 (thirty) days’ prior written notice (as per paragraph 3) to such effect. For the sake of clarity, this contract shall accordingly endure for a minimum period of 6 (six) calendar months.
- A cancellation request must be submitted, via e-mail, to firstname.lastname@example.org. A support team member will contact your account owner to confirm the cancellation in writing.
- All of your Content will be made available for download for 14 days following cancellation. After 14 days, your Content will be deleted from the Service. Information cannot be recovered once deleted.
- Customers may access their Magnetic account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Magnetic, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Magnetic Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Magnetic Software has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Magnetic via the API may result in the temporary or permanent suspension of your account’s access to the API. Magnetic Software, in its sole discretion, will determine abuse or excessive usage of the API. Magnetic Software will make a reasonable attempt via email to warn the account owner prior to suspension.
- Magnetic Software reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or debit order setup is required for paying accounts.
- If you initially sign up for any Magnetic Software account, and do not make payment when your trial period of 30 days ends, your account will be automatically suspended.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- At the beginning of each month you will be billed for the maximum number of users that were active in the preceding month.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only South African VAT tax.
- For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Magnetic Software does not accept any liability for such loss.
Modifications to the Service and Prices
- Magnetic Software reserves the right at any time, and from time to time, to modify the Service (or any part thereof) with or without notice and to discontinue, temporarily or permanently, the Service while providing 30 days notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Magnetic website (www.magnetichq.com) or the Service itself.
- Magnetic Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All Content posted on the Service must comply with South African and U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data. We shall not (a) modify your data, (b) disclose your data except as compelled by law or as expressly permitted in writing by you, or (c) access your data except to provide the Services and prevent or address service or technical problems, or at your request in connection with customer support matters.
- Magnetic Software does not pre-screen Content, but Magnetic Software and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- In respect of paid for Services, we shall: (i) provide our basic support to you at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours notice and which we shall schedule to the extent practicable during the weekend hours, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide our Services only in accordance with applicable laws and government regulations.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Magnetic Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Magnetic Software, or any other Magnetic Software service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Magnetic Software.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Magnetic Software customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your storage usage which includes uploaded files and emails exceeds your agreed storage cap per user, we reserve the right to immediately disable the email integration and file uploading of the relevant user account until the storage usage has been reduced.
- If you use excessive bandwidth that significantly exceeds the average bandwidth usage (as determined solely by Magnetic Software) of other Magnetic customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
- Magnetic Software does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Magnetic Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Magnetic Software has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Magnetic Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Magnetic Software and govern your use of the Service, superceding any prior agreements between you and Magnetic Software (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at magnetichq dot com.