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TERMS OF SERVICE

Last updated: April 2022

 

Welcome to Mgic AI App's Terms of Service

 

The Wemagine.AI LLP (“Company”, “we”, “our”, “us”) governs your use of our web pages located at https://www.wemagine.ai/ and our mobile application Mgic AI (“App” and " Website") (together or individually “Service”) owned and operated by Wemagine.AI LLP.

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: https://www.wemagine.ai/Mgic-privacy-policy

 

The Company provides the Services through our App. By downloading from the Apple App Store or Google Play Store, installing the application or ticking the respective box in the form on the application, you agree to be bound by our Terms and Privacy Policy (“Privacy Policy”). Your downloading of the application from the Apple App Store, Google Play store or other platform is also governed by the respective terms of use and other accompanying documents of Apple App Store, Google Play Store other platforms. Also by accessing the Services through the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance. 

 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. 

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

 

The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

 

Thank you for being responsible.

  • ABOUT US 

    • Mgic is a mobile web application that allows users to enhance their low resolution, blurry photos into High quality HD photos in 1 tap with the help of Artificial Intelligence 

    • ​

    • Mgic owned and operated by Wemagine.AI LLP under company number NR7329250  registered in province British Columbia, Canada, registered office at Address: Stuart A. Moir, Lawyer, 1103 - 11871 Horseshoe Way, 2nd Floor, Richmond, V7A 5H5. 

    • The Company makes the App available (a) on the Website from which you can click on a link to download the App, or (b) for download directly from Google Play and the Apple App Store. 

    • Company shall make every effort to ensure that Mgic is continually available to you. 

 

  • ACCEPTANCE 

    • By accessing the App and by using the Services you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. 

    • Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services and (ii) refrain from accessing the App and Services.  

    • Your continued use of the App and Services shall be deemed to constitute your acceptance of these Terms. 

 

  • MODIFICATION OF THESE TERMS 

    • The Company reserves the right, at any time and in its sole discretion, to modify or replace these Terms.

    • You acknowledge that supplemental terms and conditions or other documents/policies may also be posted by the Company on the Website and/or the App from time to time, and are expressly incorporated into these Terms by reference. 

    • You shall therefore be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. 

    • Your continued access to the App and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.

 

  • USE OF WEBSITE 

    • You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii)  that is defamatory, obscene, threatening, abusive or hateful.

    • When accessing the Website, you shall be prohibited from:

      • using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;

      • using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;

      • taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;

      • copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Company’s prior written consent;

      • reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and

      • attempting to access any area of the Website to which access is not authorised.

 

  • USE OF APP 

    • You may access Mgic AI and the Services via our App and website

    • In order to be able to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an Internet connection. 

    • You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.

 

  • PURCHASES

    • If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked by AppStore or Google PlayMarket to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

    • You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to AppStore or Google PlayMarket or us  is true, correct and complete.

    • We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    • We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

    • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  • SUBSCRIPTIONS

    • Some parts of Service are billed on a subscription basis (“Subscription(s)”). 

    • You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on weekly, monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. 

    • At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. 

    • You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

 

  • FREE TRIAL 

    • The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

    • You may be required to enter your billing information in order to sign up for Free Trial. 

    • If you do enter your billing information when signing up for Free Trial, you will not be charged by the Company until Free Trial has expired. 

    • On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. 

    • At any time and without notice, the Company reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer. 

  • FEE CHANGES

    • The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscription. 

    • Any Subscription fee change will become effective at the end of then-current Billing Cycle.

    • The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. 

    • Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. 

 

  • REFUNDS

    • Except when required by law, paid Subscription fees are not-refundable. 

  • THE COMPANY’S CONTENT

    • Content found on or through this Service are the property of Wemagine.AI LLP or used with permission. 

    • The Company hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. This License is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow. 

    • You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

  • THIRD-PARTY CONTENT 

    • In order to provide you with the best experience using our technology, the Company may use the third-party content and offer you a library of such content for the swap (“Pre-sets catalogue”). 

    • The Company use such content only in compliance with their respective Terms of Use, in good faith and conforming to the Fair Use/Fair Dealing Doctrine under the applicable laws. 

    • The purpose of the contents’ use is transformative. 

    • The original materials are used in a new unanticipated way, namely the visual results of the materials’ use create the completely new content, which are inherently of parodic nature.

    • The results of the material’s use differ significantly from the original by the character, mostly parodic or satiric, and alter the originals with the new meaning, expression and message, creating the object of ridicule. 

    • The extent of use is strictly limited by the purpose of transformation. 

    • The Company does not claim any rights whatsoever to the original materials or other intellectual property displayed on the materials contained in the Pre-sets catalogue and/or used by the Company in accordance with the Fair Use/Fair Dealing Doctrine, as prescribed herein or under the applicable laws. 

    • The contents of the Pre-sets catalogue are used solely for the purposes of creation of a transformative works (including parodies) on the terms set out herein. You shall not use such content otherwise than as allowed by the Fair Use/Fair Dealing Doctrine.

  • USER CONTENT

    • Our Services may allow you to use the Services with the Uploaded content, as well as to create, post, store and share the Generated content. 

    • The Uploaded and the Generated content is your intellectual property. Except for the license you grant below, you retain all rights in and to your content. 

    • The Company does not claim ownership of any user content. 

    • You hereby grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use in any way, display, reproduce, modify, adapt, edit, publish, and distribute Uploaded and Generated content. This license is for the limited purpose of operating, developing, providing, and improving the Services, and display Uploaded content in the library for the User’s repeated use.  

    • The Generated content may be public, so the license you grant us for this content is broader.

    • You also grant the Company a perpetual license to create derivative works from, exhibit, broadcast, publicly perform, and publicly display the Generated content in any form and in any and all media or distribution methods. 

    • You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the App, including, but not limited to, through the sale of advertising, sponsorships, promotions, usage data. 

    • You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content or your use of any materials made available to you on or through the App, including in any user content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.
       

    • You warrant that your content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. 

    • You hereby represent that you are the owner of the copyright with respect to all your content and have the power to grant the license to the Company as set forth herein.
       

    • You hereby acknowledge that you are solely responsible for the Uploaded content and Generated content, as well as any consequences of publicly posting and sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, contretemps or issues arising out of or related to your content.
       

    • You hereby acknowledge that you are entitled to delete any of the Uploaded content from your profile gallery, but it shall not cause revoking of the license granted to the Company.
       

    • If you share the Generated content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any content will be considered non-confidential and non-proprietary. 

    • You must not post any content on or through the Services or transmit to us any content that you consider to be confidential or proprietary. 

    • Please do not publicly post or submit any user content that you do not want to be publicly accessible or viewable, or that you do not have rights to post.

 

  • PROHIBITED CONDUCT AND CONTENT 

    • You may only use the Services and its contents for lawful purposes. 

    • You will not violate any applicable law, contract, intellectual property or other third-party right.

    • You are solely responsible for your conduct while accessing or using our Services, as well as for all content you upload, share or otherwise transmit to or via the Services.
       

    • While using the Services you may not, and may not encourage, authorize, or assist others to:
       

      • engage in any harassing, threatening, intimidating, predatory or stalking conduct;

      • use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner, including by submitting a virus, worm, or Trojan horse;

      • reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code of the Services or attempt to study or test the vulnerability of the Services or to breach any security measures, regardless of your motives and/or intent;

      • attempt to circumvent any measures employed to limit access to any part of our Services, or attempt to access any feature or area of our Services that you are not authorized to access;

      • develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services, or intercept any system data, personal information, or other data relating to the Services,

      • use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
         

    • You may not upload, share or otherwise transmit to or via the Services any content that:
       

      • is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, or otherwise objectionable;
         

      • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

      • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

      • contains any unsolicited promotions, political campaigning, advertising or solicitations;
         

      • contains any private or personal information of a third party without such third party’s consent;

      • may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
         

      • contains any viruses, corrupted data or other harmful, disruptive or destructive files or content,
        designed to interrupt, destroy or limit the functionality of the Application;

      • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
         

      • is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose the Company or others to any harm or liability of any type.
         

      • The Company reserves the right, but is not obligated, to reject and/or remove any user content that the Company believes, in its sole discretion, violates these provisions.

 

  • MONITORING OF CONTENT 

    • The Company reserves the right to monitor all user content posted on/submitted to the Services. 

    • The Company may at its sole discretion remove any user content including, but not limited to the content that contains any illegal content, viruses, spyware and malware, obscene or pornographic materials, libelous, defamatory, violent or hate-oriented content, promotes any commercial activities, or any other content that may harm the Company, its business or reputation. 

    • Without limiting the foregoing, the Company may remove any material that the Company, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable.

    • If you have noticed any violation of these Terms and/or objective, from your prospective, content of any nature whatsoever, please contact us at privacy@wemagine.ai.

  • COPYRIGHT POLICY

    • We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

    • If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to privacy@wemagine.ai, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

    • You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

 

  • DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

    • You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

      • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

      • identification of the URL or other specific location on Service where the material that you claim is infringing is located;

      • your address, telephone number, and email address;

      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    • You can contact our Copyright Agent via email at privacy@wemagine.ai.

 

  • ACCESS AND USE

    • You must only use the App in accordance with these Terms and any applicable law. 

    • You must not (or attempt to): 

      • Interfere with or disrupt the App or the server or networks that host the Site; 

      • Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 

      • Interfere with security-related or other features of the App.

    • We do not warrant that the App will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our App. 

    • You must not link to our App or any part of our App in a way that damages or takes advantage of our reputation, including but not limited to: 

      • In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or 

      • In a way that is illegal or unfair.  

  • PROHIBITED USES 

    • You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

      • In any way that violates any applicable national or international law or regulation.

      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

      • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

      • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

    • Additionally, you agree not to:

      • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

      • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

      • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

      • Use any device, software, or routine that interferes with the proper working of Service.

      • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

      • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

      • Take any action that may damage or falsify Company rating.

      • Otherwise attempt to interfere with the proper working of Service.

  • ANALYTICS

    • We may use third-party Service Providers to monitor and analyze the use of our Service.

    • Firebase

      • Firebase is analytics service provided by Google Inc.

      • You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en-US

      • For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://firebase.google.com/support/privacy

  • NO USE BY MINORS

    • Service is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using any of Company, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least thirteen (13) years old, you are prohibited from both the access and usage of Service.

  • INTELLECTUAL PROPERTY 

    • Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wemagine.AI LLP and its licensors. 

    • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wemagine.AI LLP.

    • All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Company and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to the Company. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Company’s prior written permission.

    • Any and all intellectual property rights in the Content, Services and the Company or otherwise developed by or on behalf of Company, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and the  Company or otherwise developed by or on behalf of Company, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Company, its licensors or suppliers, as the case may be, and all rights not expressly granted by Company to you are reserved by Company.

    • Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in Company’s Intellectual Property. You may not use the Company’s Intellectual Property in a manner which may (i) place Company’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Company.

.

  • ERROR REPORTING AND FEEDBACK 

    • You may provide us either directly at privacy@wemagine.ai or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

    • The third party sites and tools mentioned above include the following:

    • Firebase Crashlytics

      • Firebase Crashlytics is bug reporting service provided by Google Inc.

      • You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

      • For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

    • ZenDesk

  • DISCLAIMER OF WARRANTY 

    • THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

    • NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    • COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • LIMITATION OF LIABILITY 

    • EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

  • GOVERNING LAW

    • These Terms shall be governed and construed in accordance with the laws of province British Colombia, Canada without regard to its conflict of law provisions.

    • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

    • These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

    • Each party irrevocably agrees that the courts of province British Colombia, Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

    • Notwithstanding the specified agreement on jurisdiction, you and the Company shall, if any dispute arises, attempt to settle it by mutual negotiations.

  • CHANGES TO SERVICE 

    • We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. 

    • We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. 

    • From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  • AMENDMENTS TO TERMS 

    • We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    • Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. 

    • You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. 

    • If you do not agree to the new terms, you are no longer authorized to use Service.

  • INDEMNITY

    • You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.  

  • WAIVER AND SEVERABILITY 

    • No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    • If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  • ACKNOWLEDGEMENT 

    • BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  • CONTACT US 

    • For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support: by email: privacy@wemagine.ai

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