updated: 10/31/24
Introduction
Welcome to Castmagic, a service provided by Magic Studio LLC ("Magic Studio," "we," "us," or "our"). Castmagic offers an AI-powered content generation tool designed specifically for podcasters to help them create engaging content for their audience. The following Terms of Service ("Terms") govern your access to and use of the Castmagic website, services, and any related applications (collectively, the "Services"). Please read these Terms carefully.
By using our Services, you agree to be bound by these Terms, as well as any additional terms and conditions applicable to specific Services, which are incorporated by reference. If you do not agree to these Terms, you may not use the Services. We reserve the right to modify or update these Terms at any time, and your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.
1. Acceptance of Terms
By accessing or using the Castmagic services ("Services"), users agree to be bound by these Terms of Service, as well as any additional terms and conditions applicable to specific Services, which are incorporated by reference.
2. Eligibility
Users must be at least 13 years of age to use the Services. By accessing or using the Services, users represent and warrant that they meet the eligibility requirements.
3. Account Registration and Security
To access certain features of the Services, users may be required to create an account. Users are responsible for maintaining the confidentiality of their account credentials and for all activities occurring under their account.
4. Payment Terms
Some Services may require payment. Users agree to pay all fees and charges associated with their use of the Services, including any applicable taxes. Magic Studio LLC reserves the right to change its pricing and payment terms at any time, with or without notice.
5. Subscription Plans and Overage Fees
Users may choose from various subscription plans, which offer different levels of access to the Services. Users are responsible for selecting the appropriate plan for their needs and for paying any overage fees incurred if they exceed the limits of their chosen plan.
6. Cancellation and Refunds
Users may cancel their subscription at any time. Cancellation will take effect at the end of the current billing cycle, and users will not be charged for subsequent billing cycles. Customers who registered before July 27th 2024 are not eligible for refunds. Customers registered after July 27th 2024 are eligible for a refund within the first 30 days of signing up for the service, provided they have not uploaded content into the platform or used Castmagic's transcription or AI services.
7. Intellectual Property Rights
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, and software, are the property of Magic Studio LLC or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Users agree not to copy, modify, distribute, or create derivative works from the Services or any content provided therein without the express written permission of Magic Studio LLC.
8. User Content
Users retain ownership of any content they submit, post, or otherwise provide through the Services. By submitting content, users grant Magic Studio LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content solely for the purpose of operating, maintaining, and improving the Services. Magic Studio LLC will not use user content for any purposes unrelated to the Services without the user's express consent, except as required by law or as necessary to protect the rights, property, or safety of Magic Studio LLC, its users, or the public.
8.1 Confidentiality and Security
Magic Studio LLC treats user content as confidential and implements industry-standard security measures to protect it from unauthorized access, use, or disclosure. We maintain appropriate technical and organizational safeguards to ensure the security, integrity, and privacy of user content.
9. Prohibited Conduct
Users agree not to use the Services for any illegal, fraudulent, or unauthorized purpose, or in any manner that could damage, disable, overburden, or impair the Services.
10. Termination
Magic Studio LLC may terminate or suspend a user's access to the Services at any time, for any reason, including but not limited to a user's breach of these Terms. Upon termination, all rights and licenses granted to the user under these Terms will cease immediately. Upon termination of a user's account, Magic Studio LLC will remove the user's content from the platform within a commercially reasonable time frame and cease any use of it, subject to any necessary technical transitions or legal requirements.
11. Disclaimers
The Services are provided on an "as is" and "as available" basis, without warranty of any kind, express or implied. Magic Studio LLC disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Magic Studio LLC does not warrant that the Services will be error-free, secure, or uninterrupted.
12. Limitation of Liability
In no event shall Magic Studio LLC or its affiliates, licensors, or partners be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of, or inability to use, the Services, even if advised of the possibility of such damages.
13. Indemnification
Users agree to indemnify, defend, and hold harmless Magic Studio LLC and its affiliates, officers, directors, employees, and agents from any claim, liability, loss, or expense, including reasonable attorney's fees, arising out of or related to their use of the Services or violation of these Terms.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the use of the Services shall be resolved exclusively in the state or federal courts located in Nevada, and users agree to submit to the personal jurisdiction of such courts.
15. Contact Information
If users have any questions, comments, or concerns about these Terms of Service or the Services, they can contact Magic Studio LLC by emailing support@castmagic.io