Terms of Service

These Terms form a binding agreement between you (“you” or the “Customer”) and Magnevo (“Magnevo”, “we”, “our” or “us”). They apply to every visitor, user and account holder of the Service, including those on free, trial and paid plans. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you may not access or use the Service.

Magnevo provides a software-as-a-service platform for businesses, accessible at magnevo.io and related domains (collectively, the “Service”). The specific functionality, features, plans and limits available to you depend on the plan you have selected and may change from time to time at our discretion. We may add, remove, modify or rename features without notice; we will use reasonable efforts to communicate material changes in advance.

The Service is provided on a subscription basis. Nothing in these Terms grants you any ownership interest in the Service or any of its underlying technology.

• You must be at least 18 years old and legally able to enter into a binding contract to use the Service.
• You must provide accurate, current and complete information when registering and keep it up to date.
• You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
• You must notify us promptly of any unauthorised use of your account or any other suspected breach of security.
• One individual or legal entity may not maintain multiple free accounts.

You agree not to, and not to permit any third party to:

• use the Service to transmit unsolicited bulk communications, spam, malware, or content that is unlawful, defamatory, obscene, infringing, deceptive or harmful;
• send communications in violation of any applicable law, including CAN-SPAM, CASL, the UK and EU electronic communications regulations, GDPR or any similar regime;
• harass, threaten, defraud, or impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• attempt to interfere with, compromise, or disrupt the integrity, security or performance of the Service or any data contained therein;
• reverse engineer, decompile, disassemble, scrape, copy, or attempt to derive the source code, models, prompts, training data or trade secrets of the Service, except to the limited extent applicable law expressly permits;
• resell, sublicense, rent, lease, or otherwise commercially exploit the Service or provide it as part of a service bureau;
• use the Service to develop or train any competing product or model;
• exceed rate limits, fair-use thresholds, or any other usage limits applicable to your plan; or
• use automated systems to access the Service in a manner that sends more requests than a human can reasonably produce in the same period.

We may investigate and take appropriate action against any suspected violation, including removing content, suspending or terminating accounts and cooperating with law enforcement.

The Service may allow you to authorise Magnevo to interact with third-party services on your behalf. By authorising any such connection:

• you confirm that you have the right to grant the access and that doing so does not violate the third party’s terms;
• you authorise us to take the actions you direct through the Service using that connection;
• you remain solely responsible for the content, lawfulness and consequences of those actions; and
• you may revoke the authorisation at any time through the relevant settings, after which we will cease to use it for new actions.

Third-party services are not part of the Service. Their availability and behaviour are governed by their own terms. We are not responsible for any third party’s acts, omissions, outages, or changes to its APIs.

“Customer Content” means any data, text, files or other materials you submit to the Service or that we process on your behalf. You retain all rights in your Customer Content. You grant Magnevo a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Customer Content solely as necessary to provide and improve the Service.

The Service may generate text, images and other outputs (“Outputs”) at your direction. Outputs are provided for your use subject to these Terms and to applicable third-party model provider terms. Outputs are produced by automated systems and may be inaccurate, incomplete or unsuitable for your intended purpose. You are solely responsible for reviewing, validating and deciding whether to rely on, publish or transmit any Output.

You represent and warrant that your Customer Content and your use of the Service do not infringe any third-party rights and comply with all applicable laws.

• Paid subscriptions are billed in advance on the cadence shown at checkout and automatically renew until cancelled.
• Fees are exclusive of taxes, which you are responsible for paying. We will collect such taxes where required.
• Prices may change; we will give reasonable notice and any change will apply to the next renewal.
• Except where required by law, fees are non-refundable. Discretionary refund requests may be sent to hellomagnevo@gmail.com within seven (7) days of the charge.
• You may cancel at any time; cancellation takes effect at the end of the then-current billing period.
• We may suspend access for late or failed payments after reasonable notice.

Magnevo, the Service, all underlying software, models, algorithms, designs, documentation and the look-and-feel of the platform, together with all related intellectual property rights, are and shall remain the exclusive property of Magnevo and its licensors. Nothing in these Terms transfers any such rights to you. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service in accordance with your plan.

If you provide feedback, suggestions or ideas regarding the Service (“Feedback”), you grant Magnevo a perpetual, irrevocable, worldwide, royalty-free licence to use that Feedback for any purpose without obligation.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGNEVO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED POUNDS STERLING (£100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Magnevo from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with (i) your use of the Service, (ii) your Customer Content, (iii) any communication or action you direct through the Service, or (iv) your violation of these Terms or any applicable law.

We may suspend or terminate your access to the Service immediately if we reasonably believe you have breached these Terms, if required by law, or if continued provision of the Service to you would pose a security, legal or operational risk. You may terminate your account at any time. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (including the sections on Intellectual Property, No Warranty, Limitation of Liability, Indemnification, Governing Law and Miscellaneous) will survive.

We may revise these Terms from time to time. The current version will always be posted on this page with the “Last updated” date above. If we make material changes, we will give reasonable notice (for example, by email or an in-product notice) before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by the laws of England and Wales, without regard to its conflict-of-laws principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

• Entire agreement. These Terms, together with any plan-specific terms presented at checkout and any policies referenced herein, constitute the entire agreement between you and Magnevo regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
• No waiver. A failure to enforce any provision is not a waiver of that or any other right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets.
• Force majeure. Neither party will be liable for any failure to perform due to causes beyond its reasonable control.
• Notices. Notices to you may be sent to the email associated with your account or posted in-product. Notices to us must be sent to the address below.

If you have any questions about these Terms, please contact us at hellomagnevo@gmail.com.