Terms of Service
Last Updated: August 1, 2024
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT CONTAINS THE EXCLUSIVE TERMS AND CONDITIONS BETWEEN YOU (“CUSTOMER” OR “USER”) AND MAGIER INC. (“COMPANY”, “Magier”, “Magier AI”), A FOR-PROFIT CORPORATION, GOVERNING YOUR ACCESS AND USE OF OUR WEB-BASED SERVICES, MOBILE APPLICATIONS, BROWSER EXTENSIONS, AND RELATED PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”). BY ACCESSING OR USING THE SERVICES, OR BY CLICKING “ACCEPT” WHEN PROMPTED, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. Services Overview
Magier Inc. provides an integrated ecosystem of AI-driven data privacy and protection tools designed to secure personal information across various platforms. Our Services include, but are not limited to:
- Browser Extensions: Tools that automatically detect and redact personally identifiable information (PII) on platforms such as Gmail, ChatGPT, and other web applications before data is transmitted.
- Mobile Applications: Secure mobile solutions leveraging advanced language model capabilities that filter and protect sensitive information locally on your device.
- Document Sharing – Magier Redact: A rapid document-sharing solution that removes private data without compromising the context.
- Enterprise Solutions:
- Magier Engine: A secure training environment for customized language models with built-in data encryption and compliance features.
- Magier Shield: A REST API that sanitizes PII and remaps responses in real time, ensuring data protection from initial ingestion to post-processing.
The Services may be updated, modified, or enhanced periodically at the sole discretion of Magier Inc. We reserve the right to notify you of any significant changes that may affect your usage.
2. Acceptance of Terms
By accessing or using the Services, you represent and warrant that you have the full legal capacity and authority to agree to these terms and bind the entity on your behalf if you are accessing or using the Services on behalf of a company or organization. If you do not have such authority, you must not use the Services.
3. User Account, Registration, and Security
- Account Registration: In order to access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Magier Inc. of any unauthorized use or security breach related to your account.
- Primary Contact: If you represent an organization, you must designate a primary contact who will be responsible for all communications and actions related to this Agreement.
4. Permitted Use and Restrictions
- License Grant: Subject to the terms of this Agreement, Magier Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business or personal use.
- Prohibited Actions: You agree not to:
- Modify, reverse engineer, decompile, or disassemble any portion of the Services or underlying software.
- Use the Services for any unauthorized or unlawful purposes, including but not limited to sharing access with third parties or reselling the Services.
- Remove or alter any proprietary notices, marks, or labels contained in the Services.
- Third-Party Services: Our Services may integrate with or utilize third-party platforms. While we strive for smooth integration, Magier Inc. is not responsible for any issues or failures caused by third-party service providers. Your use of such services is governed by their respective terms and conditions.
5. Proprietary Rights
- Intellectual Property: All intellectual property rights in the Services, including software, design, content, and underlying technology, are owned exclusively by Magier Inc. or its licensors. You agree not to infringe, modify, or create derivative works based on our intellectual property.
- User Data: You retain ownership of all data and content that you upload or input into the Services (“Customer Data”). By submitting Customer Data, you grant Magier Inc. a limited, non-exclusive license to use, process, and store this information solely for the purpose of providing and improving the Services. Any use beyond this scope requires explicit consent.
6. Data Privacy and Security
Magier Inc. is committed to protecting your privacy. Our Privacy Policy (which is incorporated herein by reference) outlines how we collect, use, and safeguard your data. By using the Services, you consent to our data practices as described in the Privacy Policy.
We implement commercially reasonable security measures to protect your data from unauthorized access, disclosure, or destruction. However, no data transmission over the Internet or electronic storage system can be guaranteed to be 100% secure.
7. Payment and Fees
- Fees: Certain Services may require payment. If applicable, you agree to pay all fees set forth at the time of purchase or as otherwise communicated by Magier Inc.
- Billing: Payments will be processed in accordance with the payment method you have selected. Invoices for any recurring subscriptions or additional usage will be generated in advance of the billing cycle.
- Late Payments: Failure to pay fees when due may result in suspension or termination of your access to the Services. In the event of delayed payment, you may be subject to a finance charge as specified in your billing terms.
8. Term and Termination
- Term: This Agreement is effective as of the date you first access the Services and will continue until terminated by either party.
- Termination by You: You may terminate your account at any time by discontinuing use of the Services.
- Termination by Magier Inc.: We reserve the right to suspend or terminate your account if you breach any provision of this Agreement or if the Services are discontinued.
- Surviving Provisions: Provisions regarding intellectual property, data rights, disclaimer of warranties, and limitation of liability shall survive termination of this Agreement.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAGIER INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGIER INC. OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF MAGIER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MAGIER INC. SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Magier Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.
12. Modifications to the Agreement
Magier Inc. reserves the right to modify or update this Agreement at any time. We will provide notice of any material changes by posting the updated terms on our website and, if appropriate, sending you an email notification. Your continued use of the Services after any such changes constitutes acceptance of the new terms. If you do not agree to the revised terms, you must cease using the Services.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
14. Miscellaneous
- Entire Agreement: This Agreement, including any additional terms or policies referenced herein, constitutes the entire agreement between you and Magier Inc. regarding the subject matter herein and supersedes all prior or contemporaneous understandings or agreements.
- Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement remains in full force and effect.
- Assignment: You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Magier Inc. We may assign our rights and obligations under this Agreement without notice to you.
- Notices: Any notices or communications regarding this Agreement shall be sent to Magier Inc. at the following address or via email at [email protected].
Contact Information
For any questions regarding this Agreement or our Services, please contact us at:
- Email: [email protected]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.