Terms and Conditions
Last Update: April, 14st, 2021 for current customers, and upon acceptance for new customers.
MagicWriter is owned and operated by Nubisera, LLC, a Florida Limited Liability Corporation ("MagicWriter.io", "MagicWriter", "Company", "we", "our", or "us").
MagicWriter provides services through MagicWriter and MagicWriter.io (the Web Sites and services) according to the terms and conditions set forth herein.
Please, read these terms and conditions before using our services.
By using this Web Site and related services and/or subscribing to our paying plans you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations.
You understand and agree that by using this Web Site and related services and/or subscribing to our paying plans you are at least 18 years of age and you are legally able to enter into a contract.
This terms and conditions are subject to change by MagicWriter effective upon posting on the relevant website. Your continued use of the Websites and services following MagicWriter posting of revised terms of any section of the terms and conditions will constitute your express and binding acceptance of and consent to the revised terms and conditions.
Please do not use this Web Site and related services, do not create an account, and do not subscribe to any paying plan, in case you disagree with these terms and conditions.
You understand and agree to not use our products or services for, in combination with, or by using any illegal products or services, not use our services for any illegal purposes and for political goals.
Breaching any of the terms in these Terms of Service will immediately terminate the agreement between us and you. This also means you may no longer make use of our services in any way.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The Web Site is a registered internet domain. We reserve all rights to the content of the Web Site which includes, but is not limited to text, graphics, images, icons, articles, guidelines, software, files, forms, and databases. Such entitlements are separate from and shall not infringe upon those of any affiliates, partners, associates, or other web sites which may be connected with this Web Site. Any links to external Web Sites are provided for informational purposes only and are not intended as endorsements or specific recommendations.
We reserve all rights to change or amend these Terms and Conditions on any occasion with no upfront notication to you. You are responsible for periodically reviewing changes to these Terms and Conditions. You agree that your continued use of the Web Site following any changes to these Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Web Site and related services.
FEE AND CHARGES
You understand that we provide AI-powered writing assistant services. You agree to pay a charge (according to your card issuer agreement) for our service fee, informed in the pricing section.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
We reserve all rights to change the fees/prices of our services with no upfront notification to you. New prices will be informed in the pricing section and your account page.
You agree that we do our best effort to deliver our services using the infrastructure of our providers. We refund the money back only in the case we have proof of an error (you must do the best effort to provide evidence of the error) or any issue in our provider records (by checking the records on the dashboard/databases and/or public information of our service provider).
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We never upgrade anyone without their permission. If you want to upgrade your plan, you'll have to do it yourself in MagicWriter dashboard.
You can cancel your subscription at any time. Just go to the "Settings" and click on the "Cancel Subscription" button.
Your cancellation will take effect at the end of the current paid term.
After you cancel your subscription, your account will be set to the last trial options including limits and restrictions (current or expired).
You understand that we are not liable for the content delivered through our services, since we do not perform any preventive check. You understand that you are solely responsible for any content or messages of your transmissions using our Web site and related services. You understand that under no circumstances we are liable in any way for any damages of any kind incurred as a result of using our Web site and related services.
We reserve the right to take any action necessary or appropriate in our sole discretion, if we believe you or your information may create liability for the Web site and related services, compromise or disrupt our services, or cause to us to lose (in whole or in part) the services of the providers.
You agree and understand that you are prohibited from using the Web sites and related services for the following purposes: (1) to violate laws regarding the transmission of technical data exported from any country (2) to send or transmit any unlawful, threatening, defamatory, fraudulent, libelous, obscene, pornographic or profane messages or material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law (3) to send or transmit any messages or material that violates any third party’s rights, including intellectual property rights, privacy rights, or rights of publicity (4) to send or transmit any advertisements, chain letters, bulk messages, or junk messages (5) to send or transmit messages using any automated means, including, but not limited to, the use of a bot, robot, script, or macro. (6) to use the services for chain letters, junk messaage or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list.
You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon the Company.
You understand that you will not use any robot, bot, script, macro or other automated means to access the Web site and related services for any purpose without our express permission.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated the law or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.
You agree and understand not to send illegal, harmful, and/or offensive message.
You may not use, or encourage, promote, facilitate or instruct others to use, our services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
* Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
* Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
* Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
* Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
* Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
* Interception. Monitoring of data or traffic on a System without permission.
* Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
* Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
* Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
* Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
* Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
* Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse our service. We may:
* investigate violations of this Policy or misuse of our services
* remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of our services
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
If you receive what you believe to be a phishing email with MagicWriter URLs inside, please report it to us via email. We'll delete immediately URLs and the accounts from those people. Please reach out to use via hello@MagicWriter.io.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that certain User Content (e.g., previously shortened URLs and related MagicWriter Metrics) will remain available and any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
You may use the Web Site only at your own risk and must accept full responsibility for any implications thereof.
All articles, forms, instructions, guidelines, links, information, services, kits, databases, and any other material contained in this Web Site are provided without any warranty (provided "AS-IS" without any warranties) either implied or express as to their legal effect, completeness, adequacy, or accuracy.
In no event shall MagicWriter, the Web Site, its members, employees, affiliates, third party providers, partners, licensors, agents, or associates be liable for any damages whatsoever, including without limitation, damages for loss of profits, business interruption, or loss of information.
Neither MagicWriter, the Web Site, its members, employees, affiliates, partners, third party providers, licensors, agents, or associates warrant that the Web Site and related services will be error free or always available.
We are not liable in any way and holds no responsibility for any damages to, or any viruses that may damage, your computer equipment or any other property affected by your use and/or access of, or browsing, the Web Site and/or downloading of any data, images, text, or resources from the Web Site.
The Web site, related services and all materials, documents or forms provided on or through your use of the Web Site are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranty that: (a) this Web Site or the materials will meet your requirements; (b) this Web Site or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of this Web Site, or any materials offered through this Web Site, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through this Web Site or in reliance on the materials will meet your expectations.
Obtaining any materials and/or information through the use of this Web Site is done at your own discretion and at your own risk. We shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
Because the law changes rapidly, this Web Site cannot guarantee that all of the information is completely current, correct or up to date.
By using our services and/or subscribing to our paying plans on, you agree that we and our affiliates, third parties can send electronic messages to you. We may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to: (i) third-party listings, (ii) third-party advertisers, and (iii) third-party services. At no time this Web Site is responsible to you or liable to you for the accuracy or performance of any such listings, products and/or services.
You understand that we offer our services as-is without any warranty. You understand that even if we do our best to follow best practices and offer a reliable service, we are not liable for data loss, lost or wrong behaviors or performance drops.
You hereby acknowledge and agree that MagicWriter (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, MagicWriter excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that MagicWriter cannot and does not review the Content created or uploaded by its users, and neither MagicWriter nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
MagicWriter and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against MagicWriter or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Some of our services may make use of services provided by third parties. We may also link to the websites of third parties in our communication. These parties may sometimes abide by different terms of service. We are not responsible for any of the terms these parties enforce or the consequences this enforcement has. When we make use of the services of third parties with unique terms separate from ours, we will explicitly inform you about this and won’t activate their services until you’ve given explicit permission. When you go to an external third party website from our own website, it is your own responsibility to familiarize yourself with their terms of service.
We are in no way liable for any consequences that may arise from the use of services provided by third parties that aren’t explicitly affiliated with us.
It’s possible that any given information we provide in any form may contain errors or inaccuracies, either because vital information is missing or because the information given is inaccurate. This includes information about prices, promotions, availability, et cetera. In the event of such a mistake being made, we reserve the right to correct it without prior notice and without any obligation to do so. We also reserve the right to, after having corrected a mistake, update or cancel any orders and transactions made with the faulty information. In the event we need to do this, we shall inform you about this through the email address you will have provided us with.
By using our website or services, you understand and agree that our GDPR compliant feature we provide is as-is available. This means that we do not represent or warrant to you that: a. the use of our GDPR compliant feature will meet your needs or requirements; b. the use of our GDPR compliant feature will be uninterrupted, timely, secure or free from errors; c. the information obtained by using our GDPR compliant feature will be accurate or reliable; nor that d. any defects in the operation or functionality of any GDPR compliant feature we provide will be repaired or corrected.
Unless otherwise expressed, MagicWriter expressly disclaims all warranties, guarantee and conditions of any kind for the GDPR compliant feature, whether express or implied, including but not limited to any implied warranties, guarantee and conditions of merchantability, fitness for a particular purpose and non-infringement.
You understand and agree that your account can be terminated by MagicWriter for any reason.
If MagicWriter terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of MagicWriter. MagicWriter is not required to provide you notice prior to terminating your membership and/or subscription.
MagicWriter is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Any request to terminate your account can be sent by email at hello@MagicWriter.io.
You agree to indemnify, defend, and hold harmless MagicWriter, the Web Site, members, our officers, directors, shareholders, employees, providers, affiliates, representatives and agents from and against any and all claims or threatened claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Web Site and related services, the Forms and the Materials.
You will cooperate as fully as reasonably required in defense of any such claim. MagicWriter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of MagicWriter.
In the event that you have violated these terms and conditions, you release the Web site and related services, and our and any affiliated company or individuals from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the unlikely event that it is not possible to resolve a complaint or if MagicWriter has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. All disputes arising out of or relating to this Agreement or your use of this Web Site shall be subject to binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association ("AAA"). The arbitrator shall apply the substantive laws of the State of Florida without regard to its choice of law provisions. Any award rendered thereon by the arbitrator shall be final and binding on the parties and may be enforced as a judgment by any court of competent jurisdiction. You agree that, by entering into this Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action.
All rights, title and interest in and to the materials provided on this Web Site, including but not limited to programs and software, information, documents, logos, icons, graphics, designs, materials, compilations, sounds and images (refer as the "Materials") are owned by MagicWriter. Except as otherwise expressly provided by MagicWriter, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Web Site shall be construed to confer any license under any of MagicWriter's intellectual property rights, whether by estoppel, implication or otherwise.
When accessing or using this Web Site, related services and the Materials, you undestand and agree to obey the law and you understand and agree to respect the intellectual property rights of others. Your use of this Web Site, related services and the Materials is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership protected by international and United States copy rights laws.
You agree not to upload, download, display, perform, transmit or otherwise distribute any Materials in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using our Web Site, related services and the Materials.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Product or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
4233 W Hillsboro Blvd #970700
Coconut Creek, FL 33073
Any request to delete your account data can be sent by email.