Effective Date: July 13th, 2023
Welcome to Magical, the first GPT-3.5 and GPT-4-powered calendar that automates meeting notes, scheduling, and tasks (The “Service”) The term "Service" shall include our informational website (the "Site"). “You” refers to any user of the Service, and “Magical”, “We” or “Us” refers to Supertools, Inc. d/b/a Magical, a Delaware corporation. You and Magical are each referred to herein as a “Party”, and collectively as the “Parties”.
Should you have any inquiries, complaints, or suggestions, you may contact us at: email@example.com. We will do our best to resolve your issue in a timely manner.
The following key points of the Terms of Service ("Terms") are only brought for your convenience. They do not substitute the full Terms.
- About the Service. The Service accesses your Google calendar and uses AI-powered tools to assess your daily schedule, help you plan meetings, and generate agendas, summaries, and follow-ups of your meetings.
- Registration. The Service is available only to registered users. you must register for the Service with your Google account.
- Use of The Service and Restrictions. You may use the Service for your personal or business purposes and only in accordance with these Terms.
- Fees and Payment. Magical offers various subscription plans. You can choose the best plan for you on our Site. We collect payments in accordance with the terms detailed below. We reserve the right to change the fees for the Service at our discretion.
- Representations and Warranties. You represent that you are able to agree to these Terms and that the information you provide is accurate.
- Privacy. We respect your privacy. For more information about our privacy practices, please read our Privacy Notice.
- Integration with Third Party Applications. You are fully responsible for your use of other tools and software in connection with the Service.
- Intellectual Property. All legal rights in the Service, including all intellectual property rights, are owned by us or our licensors. We grant you a right to use any Content the Service generates for you.
- Changes and Availability. We reserve the right to change the Service at any time. It's possible the Service may be temporarily unavailable for various reasons.
- Disclaimer of Warranty. The Service is provided for use ‘as is’. We disclaim all warranties and representations with respect to the Service.
- Indemnification. You agree to indemnify us against a third party claim in connection with your breach of these Terms, another's rights, and applicable law.
- Limitation of Liability. To the maximum extent permitted by applicable law, we – and anyone acting on our behalf – will not be liable for any indirect damage or loss, arising from your use of or inability to use the Service.
- Termination and Suspension. Either Party may terminate your subscription at any time but no prepaid fees shall be refunded. To the extent that you breach these Terms, Magical may suspend or revoke your right to use the Service.
- Governing Law and Jurisdiction. These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions. The Tel Aviv District Court shall have sole and exclusive jurisdiction over any claim in connection with the Service or in respect of any matter relating to these Terms.
… and in detail
Please carefully read the following Terms. The Terms constitute a binding agreement between you and us. By accessing the Service or by using it in any other manner, you agree to these Terms. If you do not agree to these Terms, you may not access the Service or use it in any manner.
ABOUT THE SERVICE
The Service uses AI-powered (third party) tools to assist you with your online meetings and the organization of your calendar. The Service may provide you with templates, summaries, and may provide you with additional functions and features as may be available from time to time. We'll refer to any online meeting to which the Service relates as a "Meeting".
The Service (excluding the Site) is provided only to registered users. You must register to the Service with your Google account. When you register to the Service, you allow us access to your account information as described in our Privacy Notice.
We are not obliged to confirm your registration and may, in our absolute discretion decline such registration.
You are solely responsible for any activity in your account (“Account”), including usage via any interfaces or connectors to the Account and the content and submission of any media submitted for processing via the Service, including any content of your Google calendar. You must maintain the confidentiality of your account login details. You are solely responsible for any losses due to unauthorized use of your account. You must promptly notify us of any breach of security or any known unauthorized use of the Account. Notwithstanding deletion of the Account, Magical may retain your data as reasonably necessary for compliance with applicable law.
USE OF THE SERVICE AND RESTRICTIONS
Subject to these Terms, you may use the Service, exclusively for your private or business purposes.
While using the Service, you shall not and shall not authorize, assist or enable any other third party to:
- Transfer, resell, lease, license, or otherwise make available the Service to third parties;
- Breach these Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
- Use the Service in violation of applicable laws or regulations, engage in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including to submit files or content comprising unlawful, infringing, libelous, or other tortious content, or in violation of the privacy rights of any individual.
- Interfere with or disrupt the integrity or performance of the Service or any third-party service via an interface to or from the Service, including by imposing an unreasonably large load on Magical’s or its service providers’ platforms;
- Interfere with, burden or disrupt the functionality of the Service;
- Breach the security of the Service or identify any security vulnerabilities therein;
- Circumvent or manipulate the operation or functionality of the Service, or attempt to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- Use or launch any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Service;
- Display the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service independently from the manner on which they originally appear or are made available through the Service;
- Impersonate any person or entity, or to make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collect, harvest, obtain or process any personal information of other users of the Service.
- Reveal any sensitive information during Meetings, such as social security numbers, bank information, credit card information, or protected health information. We have no obligation to monitor your use of the Service, but we may do so to ensure your compliance with these Terms or with any applicable law.
Magical will delete your Google credentials as well as all your calendar data upon request. You may contact Magical support at firstname.lastname@example.org at any time to request the deletion of your data from our systems, and we will comply with that request within 30 days.
For the data that we do process, data storage is not guaranteed by Magical and Magical shall not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of your data.
FEES AND PAYMENT
Magical offers its basic services for free, however, you may upgrade to a premium account for a fee to receive additional features and services. The details of each service, including the features offered and the pricing, are listed on the Site. Magical may modify or discontinue the Service at any time as well as modify any fees at our discretion.
All fees are as set forth on the Site and will be paid by you in advance in the currency specified by Magical. Where you provide credit card information, Magical may charge such credit card for all services, fees, and charges listed on the Site, including any renewals. Subject to applicable law, all fees are non-refundable. Customer is responsible for paying all taxes, and all taxes are excluded from any fees set forth on the Site. If a charge doesn't go through or if the payment of any fee is delayed for any reason, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Magical reserves the right to suspend your access to the Service without liability to you until such amounts are paid in full.
Representations and Warranties
By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Service will comply with and shall not violate any applicable law or any obligation you have to a third party; and (c) all the registration information you submit is and will remain truthful and accurate.
We respect your privacy. Our Privacy Notice, which is incorporated into these Terms by reference, explains the privacy practices regarding the Service. You hereby represent that: (i) you have provided all necessary notices and have, and will maintain all necessary rights and legal bases required under applicable law to provide Magical with any personal data in order to allow Magical to process and share such data in order to provide the Service and for Magical's internal business purposes, including the improvement of our Service, all as detailed in Magical's Privacy Notice; (ii) you will not provide Magical with any sensitive or other categories of data that are subject to additional protections under law, such as data regarding children, finance, and health.
INTEGRATION WITH THIRD PARTY APPLICATIONS
The Service allows you to integrate with third-party applications such as (but not limited to) Zoom, Google Meet, Google Calendar, and Notion. All use of any third party applications is at your own risk. We assume no responsibility or liability for such third-party applications, including any payments you make regarding them and/or any data protection policies such parties have in place.
Except for any data that you may upload, share or synchronize through the Service, Magical and its licensors own all rights, title and interest in and to the Service, any Meeting agendas, recordings, transcripts, and summaries, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. Magical hereby grants you the right to use, copy, modify and create derivative works any agendas, summaries, follow-ups, or any other content generated for you by the Service ("Content").
Supertools Facebook Group. We maintain the Supertools Facebook Group, where members collaborate to fix, improve, and design new Magical products and services (the "Group"). Any feedback a member shares with us through the Group, be it an idea for a new product or feature, a solution to a bug or other issue with our products and services, notice of a new bug or issue, or any other form of feedback (the "Feedback") shall be the sole property of Magical. Magical shall be free to use and exploit any Feedback without any restrictions and/or obligations of non-disclosure, non-use, or royalty/license payments.
Other than as expressly permitted in the Terms, you may not copy, reverse engineer, modify or create derivative works of the Service, any part thereof or any of the content on or of the Service in any way or by any means, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service.
You may not use any name, mark, logo or domain name that is confusingly similar to marks and logos owned or used by Magical. You must refrain from any action or omission which may dilute or damage our goodwill.
CHANGES AND AVAILABILITY
Changes in the Service. From time to time, we may change the Service’s structure, layout, design, scope, features, display, or the access thereto, without prior notice.
Availability. The availability, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changing these Terms. We may revise these Terms, in whole, or in part, at any time. In such case, we will notify you in advance of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will always be accessible through the Service. In any event, if you do not consent to the amended Terms, you must discontinue your use of the Service.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE CONTENT PRESENTED ON THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (4) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF BUSINESS, LOSS OF PROFIT AND LOSS OF DATA), DAMAGE TO YOUR REPUTATION, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE BEYOND OUR REASONABLE CONTROL, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE THROUGH THE SERVICE, OR FROM ANY COMMUNICATION THROUGH THE SERVICE, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN NO EVENT SHALL WE BE LIABLE UNDER ANY CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR OTHER SUBJECT MATTER OF THESE TERMS FOR ANY LIABILITY THAT EXCEEDS THE LESSER OF USD 2,000 OR THE AMOUNT OF FEES ACTUALLY PAID OR ACCRUED TO MAGICAL IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS OR APPLICABLE LAW.
You will indemnify and hold us harmless, to the maximum extent permitted by law, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us in connection with your use of the Service, your breach of these Terms, including any of your representations and warranties, infringement of any third party’s rights, including privacy rights, and applicable law, including data protection law, whether by you or by anyone using your account or device, and whether or not that use was authorized by you.
TERMINATION AND SUSPENSION
Terminating Your Subscription. You may, at any time, request to terminate your subscription by contacting us at email@example.com. We will process your request promptly after receiving your notice, although it may take a few days for us to complete the termination. Upon termination of your subscription, you will not be able to use the Service. For the avoidance of doubt and subject to applicable law, in the event of termination, any fees you have already paid are non-refundable.
Terminating the Operation of the Service. We may, at any time, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
Either Party may terminate this Agreement in its entirety (and, alternatively, Magical may suspend your right to use the Service), for cause: if the other Party breaches the Agreement and fails to cure such breach within 30 days after notice thereof.
GOVERNING LAW & JURISDICTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The relevant District Court in Delaware shall have sole and exclusive jurisdiction over any claim in connection with the Service or in respect of any matter relating to these Terms.
Entire Agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless: (a) consented to explicitly and executed in writing by our authorized representative; or (b) we amend the Terms in accordance with the ‘Changes to the Terms’ section above. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
Assignment. You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void.
We may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, whereby virtue of such assignment, the assignee assumes in our stead, all right, duties, liabilities and obligations hereunder.
Interpretation. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples are illustrative, not exhaustive.
Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.