Terms of Service
The following terms and conditions govern all use of the MagicSheets website and all content, services and products available at, or through, the MagicSheets domain magicsheets.io (the “Website”), including, but not limited to, the MagicSheets Machine Learning service (collectively with the Website, the “Services”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by MagicSheets (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by MagicSheets, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
Your MagicSheets Account.
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify MagicSheets of any unauthorized uses of your account or any other breaches of security. MagicSheets will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 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. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account.
Any use of the MagicSheets application programming interface (the “API”), including use of the API through a third-party product (including, but not limited to the Google Sheets Add-On) that accesses the Services, must comply with this Agreement including the following terms:
Damage and liability.
You expressly understand and agree that MagicSheets 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 MagicSheets 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 MagicSheets via the API may result in the temporary or permanent suspension of your account’s access to the API. MagicSheets, in its sole discretion, will determine abuse or excessive usage of the API. MagicSheets, in its sole discretion, may elect to warn the account owner prior to suspension.
MagicSheets 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, for any or no reason.
By creating an account, you grant MagicSheets a perpetual worldwide license to use your company’s name and logo(s) for the sole purpose of MagicSheets’s marketing and sales efforts, such as listing you as a MagicSheets customer on the Website. You may revoke this license at any time by notifying MagicSheets via email.
As MagicSheets asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MagicSheets violates your copyright, you are encouraged to notify MagicSHeets. MagicSheets will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MagicSheets will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MagicSheets.
MagicSHeets does not transfer to you any MagicSheets or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MagicSheets. MagicSheets, the MagicSheets logo, and all other trademarks, service marks, graphics and logos used in connection with MagicSheets, or the Services are trademarks or registered trademarks of MagicSheets or MagicSheets licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any MagicSheets or third-party trademarks.
Under this license you may not:
- Build a similar or competitive service; however, custom licenses are available to resellers - contact us to learn more.
- Use it in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate MagicSheets, a MagicSheets employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm MagicSheets or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without MagicSheets’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to decompile or reverse engineer any software contained on the Website or API.
- Otherwise attempt to interfere with the proper working of the Website.
Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by MagicSheets at any time, in its sole discretion.
MagicSheets reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. MagicSheets may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MagicSheets may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Sections 5, 9, 10, and 11.
Disclaimer of Warranties.
The Services is provided “as is”. MagicSheets and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MagicSheets nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Limitation of Liability.
In no event will MagicSheets, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. MagicSheets shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless MagicSheets, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
Last modified: April 26th, 2021
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