Terms and Conditions

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Magicvisor LLC, a Delaware limited liability company ("Magicvisor," "we," "us," or "our"), governing your use of our AI-powered restaurant call management service. By accessing or using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using our service.

IMPORTANT: These Terms contain a binding arbitration provision and class action waiver, which affect your legal rights. Please read Sections 19 and 20 carefully.

Last Updated: 7/3/2025

Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are using our service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

Service Description

Magicvisor provides AI-powered call management services for restaurants on an "AS IS" and "AS AVAILABLE" basis, including but not limited to:

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  Automated call answering and order processing
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  Integration with third-party delivery platforms
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  Call recording and analytics
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  Customer support and training services

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time without notice or liability.

User Responsibilities and Prohibited Uses

As a user of our service, you agree to:

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  Provide accurate and current information about your restaurant
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  Maintain the security of your account credentials and accept all responsibility for activities under your account
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  Use the service only for lawful business purposes
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  Comply with all applicable federal, state, local, and international laws and regulations
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  Obtain and maintain all necessary consents for call recording in accordance with applicable laws
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  Pay all fees and charges associated with your account

You are prohibited from:

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  Reverse engineering, decompiling, or attempting to discover the source code of our service
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  Using the service to transmit malware, viruses, or harmful code
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  Interfering with or disrupting the service or servers
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  Using automated systems or software to extract data from the service
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  Violating any third-party rights or our policies

Payment Terms

Warranty Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAGICVISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

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  IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
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  WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
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  WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
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  WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAGICVISOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

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  ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
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  LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
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  SERVICE INTERRUPTIONS, SYSTEM FAILURES, OR TECHNICAL MALFUNCTIONS
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  ERRORS, MISTAKES, OR INACCURACIES IN ORDER PROCESSING
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  THIRD-PARTY PLATFORM FAILURES OR INTEGRATION ISSUES
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  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
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  ANY MATTER BEYOND OUR REASONABLE CONTROL

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Magicvisor LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with: (i) your use of the service; (ii) your violation of these Terms; (iii) your violation of any third-party rights; (iv) your violation of any applicable laws; or (v) any misrepresentation made by you. We reserve the right to assume exclusive control of the defense of any claim subject to indemnification, and you agree to cooperate with our defense of such claims.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation.

Service Level Agreement

Intellectual Property

All intellectual property rights in the service, including but not limited to software, algorithms, know-how, logos, trademarks, trade names, and content, are and remain the exclusive property of Magicvisor LLC or its licensors. You receive only a limited, non-exclusive, non-transferable, revocable license to use the service in accordance with these Terms.

You retain ownership of your restaurant data and customer information ("Your Content"). By using our service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving the service.

Any feedback, suggestions, or ideas you provide about the service may be used by us without any obligation to you.

Data Protection and Privacy

We process personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Key obligations include:

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  You warrant that you have obtained all necessary consents for call recording and data processing
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  You are solely responsible for compliance with applicable privacy and data protection laws
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  We act as a data processor for customer data you submit through the service
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  You must notify us immediately of any data breach or security incident

DMCA Compliance

We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information:

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  A physical or electronic signature of the copyright owner
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  Identification of the copyrighted work claimed to be infringed
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  Identification of the allegedly infringing material
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  Your contact information
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  A statement of good faith belief and accuracy

DMCA notices should be sent to: [email protected]

Export Controls and Sanctions

You may not use, export, or re-export the service in violation of U.S. export laws and regulations or any applicable laws in your jurisdiction. You represent that you are not on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country subject to U.S. government embargo.

Termination

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or the service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

The parties shall each bear their own costs and expenses and an equal share of the arbitrator's fees. You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to [email protected].

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MAGICVISOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Magicvisor agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Governing Law

These Terms and any dispute arising out of or related to the service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General Provisions

Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes via email or through our service at least 30 days before they take effect. Your continued use of the service after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the service.

Contact Information

For questions about these Terms, please contact us at: