Terms of Service

The Services are operated by:

The Services are intended only for adults age 18 or older.

By using the Services, you represent and warrant that:

• you are at least 18 years old;
• you have the legal capacity to enter into these Terms;
• you will use the Services only for lawful purposes; and
• the information you provide to us is accurate and complete.

We do not permit use of the Services by anyone under 18.

Content Magic provides AI-assisted content creation, content organization, scheduling, and publishing tools for businesses and business-related users.

Depending on your plan, features, and availability, the Services may allow you to:

• enter and store brand, audience, and business information;
• create and store customer avatars and profile data;
• upload files, documents, and other materials;
• paste in text and written materials;
• record and upload voice notes and audio recordings;
• generate ideas, drafts, blog posts, social media posts, and other content;
• rewrite, edit, adapt, or repurpose content;
• create content calendars;
• schedule content for future publication; and
• approve and automatically publish content to supported third-party platforms.

We may add, remove, modify, suspend, or discontinue any part of the Services at any time, with or without notice.

To use some or all of the Services, you may need to create an account.

You agree to:

• provide accurate, current, and complete information;
• keep your login credentials confidential;
• not share your account with unauthorized users;
• promptly update information that changes; and
• notify us immediately of any unauthorized use or suspected security breach.

You are responsible for all activities that occur under your account, whether or not authorized by you.

"User Content" means any information, prompts, text, files, documents, audio, voice notes, uploads, brand information, audience information, business information, calendars, scheduled content, and other materials you submit, upload, record, store, generate, schedule, or otherwise provide through the Services, including outputs generated through your use of the Services.

You retain ownership of your User Content, subject to the rights you grant to us in these Terms.

You represent and warrant that:

• you own or control all rights necessary to submit and use your User Content through the Services;
• your User Content does not violate any law, regulation, contract, intellectual property right, privacy right, publicity right, or other right of any person or entity;
• your User Content is not unlawful, fraudulent, defamatory, infringing, deceptive, abusive, harmful, or misleading; and
• you have all permissions needed for any files, recordings, voice notes, names, likenesses, business materials, or third-party content you submit.

You grant Content Magic a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify, display, transmit, analyze, adapt, and otherwise use your User Content as necessary to:

• provide and operate the Services;
• generate outputs and fulfill your requests;
• format and adapt content for different channels, platforms, and uses;
• maintain and improve workflows, features, performance, reliability, and user experience;
• develop, improve, refine, test, and support our products, systems, models, and Services; and
• comply with legal obligations, enforce these Terms, and protect our rights.

Unless you opt out as described in our Privacy Policy, you also grant us the right to use User Content, including inputs and outputs, to improve our Services and related systems.

The Services may use artificial intelligence, machine learning systems, and third-party model providers to generate, transform, analyze, summarize, adapt, or publish content.

You understand and agree that:

• AI-generated content may be inaccurate, incomplete, misleading, offensive, repetitive, non-unique, or inappropriate;
• outputs may resemble content generated for other users or content available elsewhere;
• we do not guarantee that any output is accurate, unique, lawful, non-infringing, effective, or fit for a particular purpose;
• AI-generated content may require human review, editing, verification, and legal or compliance review before use; and
• you are solely responsible for evaluating whether to use, edit, publish, distribute, or rely on any output.

Content Magic does not provide legal, compliance, tax, financial, advertising, or other professional advice.

You are solely responsible for all content created, uploaded, edited, approved, scheduled, published, or distributed through your account, including AI-generated content and content automatically published through the Services.

If you approve and schedule content for publication, you are responsible for that decision. Once scheduled, content may be automatically published to connected third-party platforms without further review or intervention.

You are solely responsible for:

• reviewing and approving all content before publication;
• ensuring all content is accurate and appropriate;
• ensuring your content complies with platform rules, advertising rules, consumer protection laws, intellectual property laws, privacy laws, defamation laws, and all other applicable laws and regulations;
• ensuring you have the rights and permissions necessary for any content used or published; and
• monitoring scheduled and published content.

We are not responsible for your publishing decisions or the consequences of those decisions.

The Services may connect with or publish to third-party services, APIs, websites, platforms, or tools, including social media platforms and other providers. Current or future integrations may include services such as LinkedIn, X, Facebook, Instagram, and other third-party platforms.

Your use of third-party platforms is governed by those third parties' own terms, policies, and rules. We do not control and are not responsible for any third-party service, including:

• changes to APIs, access rules, or integration requirements;
• account restrictions, suspensions, bans, or terminations;
• content rejections, takedowns, throttling, reduced reach, or moderation decisions;
• outages, interruptions, errors, or delays; or
• third-party fees, terms, or data practices.

We may change, suspend, or stop supporting any integration at any time.

You may not use the Services to create, upload, schedule, publish, transmit, or assist with any content or activity that:

• violates any law, regulation, or third-party right;
• infringes intellectual property, privacy, publicity, or contractual rights;
• is fraudulent, deceptive, misleading, or false;
• includes unlawful advertising, unlawful claims, or misleading commercial statements;
• constitutes spam, unlawful outreach, or abusive bulk messaging;
• impersonates a person or entity or misrepresents affiliation;
• is defamatory, harassing, abusive, threatening, hateful, discriminatory, or obscene;
• contains malware, malicious code, or harmful technology;
• promotes illegal activity;
• violates third-party platform rules or policies; or
• interferes with or disrupts the Services or related systems.

You also may not:

• reverse engineer, copy, scrape, frame, mirror, or exploit the Services except as expressly allowed by us;
• bypass security measures or access restrictions;
• use the Services to train competing products or models without our written permission;
• use automated means to access the Services in an unauthorized way; or
• resell, sublicense, or commercially exploit the Services except as expressly authorized by us.

The Services, including the software, interface, workflows, design, branding, text, graphics, functionality, and underlying technology, are owned by Content Magic and its licensors and are protected by intellectual property and other laws.

These Terms do not transfer any ownership of the Services or our intellectual property to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business use during your paid or permitted access period.

You may not use our name, logos, trademarks, or branding without our prior written permission.

Some parts of the Services require payment. We may offer monthly subscriptions, annual subscriptions, setup packages, done-for-you packages, or other paid offerings.

By purchasing a paid plan or package, you agree to pay all applicable fees and charges and authorize us or our payment processor to charge your selected payment method.

Subscription Terms

For subscription plans:

• billing may recur monthly or annually, depending on the plan selected;
• your access continues through the end of the then-current paid billing period unless earlier terminated under these Terms;
• you may cancel a subscription at any time, but cancellation does not retroactively refund prior charges; and
• cancellation prevents future renewal charges but does not shorten the period already paid for.

Packages and Setup Services

Some offerings may include setup, onboarding, done-for-you services, bundled access periods, usage allowances, or other package-specific terms. These offerings may be subject to additional terms, scope descriptions, or separate service terms provided at the time of purchase.

If package-specific terms conflict with these Terms, the package-specific terms will control for that offering.

All fees, payments, subscriptions, package charges, and service fees are non-refundable, except where required by law or where we choose, in our sole discretion, to make an exception in a specific case.

Any case-by-case exception does not waive this no-refund policy and does not create any obligation to provide refunds in the future.

We may store User Content, account information, prompts, outputs, files, voice notes, calendars, scheduled posts, and related materials for as long as we determine is appropriate for business, operational, product, legal, security, and service purposes.

Cancellation of a subscription or package does not automatically require us to delete User Content or related account data.

We do not guarantee that any User Content will remain available forever, will never be modified or lost, or can always be recovered. You are responsible for keeping your own backup copies of any materials important to you.

The Services are provided on an evolving basis. We may change, update, suspend, limit, interrupt, or discontinue all or any portion of the Services at any time, with or without notice.

We do not guarantee that the Services will be uninterrupted, error-free, secure, timely, or compatible with all devices, systems, browsers, or third-party platforms.

We are not liable for downtime, delays, lost drafts, failed scheduled posts, publication failures, API failures, or service interruptions.

We may suspend, restrict, disable, or terminate your account or access to the Services at any time, with or without notice, if we believe:

• you violated these Terms;
• you created legal, compliance, reputational, or security risk;
• your use may harm us, the Services, other users, or third parties;
• you failed to pay amounts due;
• your conduct is abusive, suspicious, fraudulent, or unlawful; or
• suspension or termination is otherwise necessary in our judgment.

You may stop using the Services at any time.

Upon termination or suspension, your right to access and use the Services will end immediately or as otherwise stated by us. Provisions relating to ownership, licenses, disclaimers, limitations of liability, indemnification, payment obligations, and dispute resolution will survive termination.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTENT MAGIC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, AVAILABILITY, SECURITY, OR QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS;
• ANY OUTPUT WILL BE ACCURATE, UNIQUE, NON-INFRINGING, LAWFUL, OR EFFECTIVE;
• ANY CONTENT WILL PERFORM WELL OR ACHIEVE TRAFFIC, LEADS, SALES, ENGAGEMENT, OR BUSINESS RESULTS;
• ANY SCHEDULED OR AUTOMATED PUBLICATION WILL OCCUR SUCCESSFULLY OR WITHOUT ISSUE; OR
• ANY DEFECTS WILL BE CORRECTED.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTENT MAGIC, MATRIXPIN INCORPORATED, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, PLATFORM ACCOUNT ISSUES, PUBLICATION ISSUES, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

You agree to defend, indemnify, and hold harmless Content Magic, Matrixpin Incorporated, and their officers, directors, employees, contractors, affiliates, licensors, and service providers from and against any claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services;
• your User Content;
• your scheduled, approved, or published content;
• your violation of these Terms;
• your violation of any law, regulation, platform rule, or third-party right; or
• any dispute between you and a third party relating to content created, uploaded, approved, scheduled, published, or distributed through your use of the Services.

Your use of the Services is also subject to our Privacy Policy. By using the Services, you acknowledge that we may collect, use, disclose, and process information as described in the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy regarding privacy-related matters, the Privacy Policy will control for those matters.

By providing your phone number and opting in through our website forms or other communication channels, you consent to receive SMS (text) messages from Content Magic related to your inquiries, appointments, and account activity.

These messages may include:

• Appointment confirmations and reminders
• Follow-ups to inquiries or service requests
• Account-related notifications

Message frequency varies based on your interaction with our services but typically ranges from 1 to 5 messages per week.

Message and data rates may apply depending on your mobile carrier.

You can opt out of receiving SMS messages at any time by replying STOP to any message. For assistance, reply HELP or contact us at support@content-magic.ai.

We do not share or sell your phone number to third parties for marketing purposes.

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Hawaii, without regard to conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Hawaii, and you consent to the personal jurisdiction and venue of those courts.

We may update these Terms from time to time. When we do, we may update the "Last Updated" date at the top of this page. Updated Terms become effective when posted, unless we state otherwise.

Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.

These Terms, together with any applicable order forms, package terms, service descriptions, and our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings relating to the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law.

If you have questions about these Terms, you may contact us at: