Legal

BY ACCESSING OR USING THE MAGIC LABS, INC. (“WE”, “US”, “OUR”, “MAGIC”) APPLICATION PROGRAMMING INTERFACE LOCATED AT API.MAGIC.LINK AND RELATED INFORMATION AND DOCUMENTATION (COLLECTIVELY, THE “API”), OUR API SOFTWARE DEVELOPMENT KIT (“SDK”) OR OTHER DEVELOPER PRODUCTS OR SERVICES OR ASSOCIATED SOFTWARE (COLLECTIVELY, THE “DEVELOPER TOOLS”), YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU,” “YOUR,” “YOURS” OR “LICENSEE”) ARE AGREEING TO BE BOUND BY THIS MAGIC DEVELOPER TERMS OF SERVICE (“DEVELOPER TERMS”), OUR TERMS OF SERVICE, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN, TERMS WITHIN THE ACCOMPANYING API DOCUMENTATION, AND ANY RELATED APPLICABLE POLICIES AND GUIDELINES WE MAY MAKE AVAILABLE FROM TIME TO TIME (COLLECTIVELY, THE “AGREEMENT”). IF THERE IS A CONFLICT BETWEEN THESE DEVELOPER TERMS AND ANY ADDITIONAL TERMS, THEN THESE DEVELOPER TERMS WILL CONTROL FOR THAT CONFLICT. IF YOU USE OTHER MAGIC SERVICES OR PRODUCTS IN CONNECTION WITH THE API OR SDK, THEN THE TERMS FOR THOSE OTHER SERVICES ALSO APPLY TO YOU. ANY CAPITALIZED TERMS USED HEREIN BUT NOT DEFINED SHALL HAVE THE MEANING SET FORTH IN THE MAGIC TERMS OF SERVICE.

YOUR ACCESS, DOWNLOAD OR CONTINUED USE OF THE SDK OR API WILL CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU ARE USING THE APIS OR SDK ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT AND BY ACCEPTING THIS AGREEMENT, YOU ARE DOING SO ON BEHALF OF THAT ENTITY.

IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY CEASE THE DOWNLOAD OR USE OF, AND YOU WILL HAVE NO RIGHT TO USE, THE SDK OR API. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE AND UNDERSTAND THAT DISPUTES ARISING UNDER THIS AGREEMENT WILL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT.

1. License

1.1 Subject to your full compliance with the terms of this Agreement, Magic hereby grants you:

1.1.1 A limited, personal, non-sublicensable, non-transferable, royalty-free, revocable, nonexclusive license to access and use our Developer Tools, in the form made available by Magic, solely for your internal business purposes to build software applications that communicate with our API to enable the Services within the App, in accordance with our API and developer documentation.

1.1.2 A limited, personal, non-sublicensable, non-transferable, royalty-free, revocable, nonexclusive license to distribute those components of the SDK we identify as “distributable” but only in object code form, as part of an App on a fully integrated, not standalone, basis.

1.2 Some of the software required by or included in our Developer Tools may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Agreement, the open source license instead sets forth your obligations for the applicable open source software.

1.3 At our sole discretion, we reserve the right to suspend or revoke any licenses granted under this Section 1 at any time without notice, including if your App exceeds any limitations we place on your use of the Developer Tools. We may make certain Developer Tools or Services available to you that require you to meet additional criteria in order to be eligible to access them. For the avoidance of doubt, your access to and use of such features will be subject to your compliance with the then-current applicable eligibility criteria and other policies, in addition to this Agreement.

2. Restrictions

2.1 Except as expressly authorized herein, you will not disclose (or allow access to) the Developer Tools (or any information derived from them) or any other confidential information provided to you to any third party and will limit access to the Developer Tools (and any derived information) to your employees who are developing the App. In support of this obligation, you will apply at least the same security that you use to protect your own most confidential information.

2.2 You represent and warrant that you are not located in, or affiliated with the government of any Embargoed Country and are not included in any U.S. or E.U. list of prohibited or restricted parties.

2.3 You will not (and will ensure that your App, your end user and any interactions with the Services through your App) do not violate any applicable law or regulation, including, without limitation, (a) any related to the custody and/or transmission of money and/or Virtual Currency, and/or applicable anti-money laundering and anti-terrorism financing laws and sanctions programs, including, without limitation, the Bank Secrecy Act and those enforced by the U.S. Department of Treasury’s Office of Foreign Assets Controls, and (b) any ⁠applicable export control laws and sanctions laws, including⁠ restrictions that prohibit access or use of products or services:

• (i) in any Embargoed Countries;
• (ii) by any resident, national, or entity established under the laws of any Embargoed Countries;
• (iii) by any party that is on any list of prohibited or restricted parties maintained by the U.S. Government or other applicable jurisdictions, including but not limited to Office of Foreign Asset Control’s (OFAC) Specially Designated Nationals and Blocked Persons List, or other OFAC Lists or Directives, the Entity, Denied Persons, Military End User, and Unverified Lists maintained by the U.S. Department of Commerce, and the UN Security Council Consolidated List;
• (iv) by any party that is owned or controlled by any such restricted or prohibited party; or
• (v) for the commission of any financial crime or for any illicit purpose.

2.4 You agree not to block, disable, hide or limit in any way the ability of any device (whether or not it includes the App) to access the Services or any portion or functionality of or enabled by the Services.

2.5 You will not (and will not allow any others to) take any action in connection with this Agreement that could (a) create liability for Magic; (b) adversely affect Magic’s commercial reputation; or (c) otherwise reflect unfavorably on Magic, including any action that may damage, disparage or be detrimental to Magic, its suppliers, partners or customers, or any of its products or services.

2.6 In addition, you agree that, when using the Developer Tools, you shall not (or allow those acting on your behalf to):

2.6.1 Reverse engineer or attempt to extract source code, trade secrets or know-how from any aspect of the Developer Tools or permit anyone else to do so (except to the limited extent this restriction is expressly prohibited by applicable law);

2.6.2 Sublicense or offer any Developer Tools for use by a third party;

2.6.3 Create an App that functions substantially the same as the Services or Developer Tools;

2.6.4 Perform an action with the intent of introducing to the Services or Developer Tools any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature;

2.6.5 Seek to gain access to a user’s private key or other login information related to a Virtual Currency wallet without their explicit consent subject to a previously disclosed privacy policy that meets all requirements under Laws;

2.6.6 Attempt to bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Magic or any of Magic’s providers or any other third party (including any other user) to protect the Services, including without limitation using any VPN to bypass geo-blocking measures;

2.6.7 Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Magic or other generally available third-party web browsers;

2.6.8 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

2.6.9 Use or access the Services for purposes of monitoring the availability, performance, or functionality of any of Magic’s products and service or for any other benchmarking purposes; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

2.6.10 Impersonate or misrepresent your affiliation with any person or entity;

2.6.11 Defame, abuse, harass, stalk, or threaten others;

2.6.12 Interfere with or disrupt the Services or Developer Tools or the servers or networks providing the Services or Developer Tools;

2.6.13 Promote or facilitate unlawful online gambling;

2.6.14 Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of anyone else (including Magic);

2.6.15 Modify, create derivative works, copy, reproduce, redistribute, rent, lease, sell or syndicate access to the Developer Tools;

2.6.16 Access or use the Developer Tools in any way that (a) is not in accordance with this Agreement or the applicable documentation, (b) compromises, breaks or circumvents any of our technical processes or security measures, (c) poses a security vulnerability to users, Magic (including our systems, networks, and suppliers), or any third party, or (d) exceeds any API rate, call or other usage limits we set in our sole discretion or that we believe constitutes excessive or abusive usage; or

2.6.17 Instruct or otherwise cause Magic to engage in any activity that would cause Magic to violate applicable laws and regulations, including applicable sanctions laws and applicable anti-money laundering, counter-terrorist financing, or anti-corruption laws and regulations

3. Account; Access Credentials

3.1 You may be required or requested to provide certain information about yourself (such as identification or contact details or materials) and your App (such as details about its functionality) as part of the registration process for a Magic developer account, or as part of your continued use of the Developer Tools. You will ensure such information is accurate, complete, and up-to-date at all times. Without limiting the foregoing, you will maintain a clear and accurate description of your App(s) in its user-facing profiles. You will not misrepresent or mask your, or your App(s)’ identity in the Services or as part of any registration process or when using the Developer Tools. We may use information about you to confirm your identity and as otherwise described in our Privacy Policy.

3.2 You will use any developer credentials (such as passwords, keys, tokens, codes, secrets, or other authentication methods) that we assign to you solely within your designated App and the applicable Developer Tools (and will not permit any third party or other App to use them) and will treat such credentials as Magic’s confidential information. Without limiting the foregoing, you will keep API keys and tokens encrypted in any files or other materials accessible by third parties (other than your service providers acting on your behalf). For the avoidance of doubt, developer credentials may not be embedded in open source projects.

3.3 You will be responsible for keeping all developer credentials secure and for any and all activity associated with your account and App(s). You are responsible for all use that occurs under your account and App and/or using your developer credentials, including any and all activities by you, your end users and/or any third parties that have access to your account information, developer credentials and/or App(s), whether authorized or not, and whether or not you know about such activities. Magic will not be responsible or liable if someone else accesses your account or the developer credentials associated with your account.

3.4 You must inform Magic immediately if any developer credentials associated with your account or App(s) have been stolen or otherwise compromised. If you lose access to your account or developer credentials, including if you lose, misplace, or replace the hardware device you use to authenticate and you have not added any backup or recovery methods, you may permanently lose access to your account and App(s). This could result in your and/or your end users permanently losing access to funds associated with particular private keys controlled by your developer credentials or account.

4. Data Security and Privacy

4.1 You will, and will require those acting on your behalf to protect user information collected by your App and any data provided by the API or otherwise collected or received from the Developer Tools (“User Data”), including personally identifiable information ("PII"), from unauthorized access or use, including without limitation any destruction, loss, alteration, disclosure, distribution or other compromise. These efforts will include at a minimum: (i) encryption of the data at rest and (ii) maintaining administrative, physical, and technical safeguards that are designed to prevent unauthorized access and use and comply with applicable laws and regulations (including relating to data security and privacy). You will promptly report to your end users any unauthorized access or use of their data to the extent required by applicable laws or regulations. You will also promptly notify us and provide us with requested information about any incidents of unauthorized access or use of any User Data or any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of User Data or your App(s) or systems (or the systems of those acting on your behalf) that process any User Data. In the event of any of the foregoing incidents, you will immediately begin to remediate it and reasonably cooperate with us, including by keeping us regularly updated about the incident and its impact on User Data, your App(s) and systems (or the systems of those acting on your behalf) that process any User Data, remediation actions being taken, and your compliance with any notification or other requirements under applicable laws and regulations.

4.2 Except to the extent you are required to retain User Data under applicable laws or regulations, you will (1) promptly update any User Data upon request from us or the applicable end user, and (2) promptly delete the User Data when (a) retaining it is no longer necessary for your App’s stated functionality that is permitted under this Agreement; (b) you stop operating your App (whether on your own, due to an enforcement action by us, or otherwise); and (c) promptly delete any User Data upon request by us or the applicable end user.

4.3 EEA Transfers. This Section 4.3 applies to the extent that Magic and you transfer the User Data controlled by Magic that is subject to the GDPR (“EU User Data”) to a territory outside of the European Economic Area that, at the time of such transfer, does not have a positive adequacy decision from the European Commission under Article 45 GDPR (each, an “EEA Data Transfer”). In each instance of an EEA Data Transfer, your use of EU User Data is subject to your compliance with the standard contractual clauses in European Commission Decision (EU) 2021/914 (“Clauses”) as they relate to controller-to-controller transfers as described in Module One. You agree that for the purposes of Section IV, Clauses 17 and 18 in the Clauses, Option 1 and Option (b) shall apply respectively and the Member State shall be Ireland. Nothing in this Section 4.3 is intended to vary or modify the Clauses. For the purposes of the Appendix to the Clauses, the following will apply:

• For the purposes of Annex I(A) to the Clauses, Magic Labs, Inc. is the "Data Exporter" and you are the "Data Importer" as defined in the Clauses.

• For the purposes of Annex I(B) to the Clauses:

  • “Categories of data subjects” are the users who visit, access, use, or otherwise interact with your App and the Services;
  • "Categories of personal data" is EU User Data (as defined above), or as otherwise set forth in the Magic Privacy Policy;
  • "Sensitive data" is not applicable;
  • "Frequency of the transfer" is on a continuous basis to the extent required to fulfill the purpose set forth directly below;
  • “Nature and purpose of the data transfer(s)" is the provision of your Apps by you to end users pursuant to this Agreement and your applicable end user terms and privacy policy; and
  • "Period for which personal data will be retained" is as described in the Developer Terms and in any case not longer than necessary for a legitimate business purpose in accordance with the Developer Terms and applicable laws or regulations (including rights of erasure and similar rights for individuals), unless applicable laws require the EU User Data be retained for a longer period, in which case you shall only retain such EU User Data for the period required by such applicable laws.

• For the purposes of Annex I(C) to the Clauses, the competent supervisory authority will be the the Ireland Data Protection Commission; and

• For the purposes of Annex II to the Clauses, you will implement and maintain the technical and organizational security measures set out in the Agreement, including those in Section 4.1 above and such other measures as we may require from time to time.

4.4 UK Transfers. This Section 4.4 on UK transfers shall apply to the extent that the User Data includes personal data controlled by Magic that is subject to the UK GDPR (as defined in the UK's Data Protection Act 2018 ("DPA") (“UK User Data”) and the transfer of such UK User Data to a territory outside of the United Kingdom that, at the time of such transfer, does not have a positive adequacy decision from the Secretary of State in accordance with the relevant provisions of the UK GDPR and the DPA (“UK Data Transfer”). Whenever there is a UK Data Transfer, your use of UK User Data is subject to your compliance with the International Data Transfer Addendum to the Clauses, Version B1.0 (“UK Transfer Addendum”), issued by the UK Information Commissioner’s Office and laid before the Parliament in accordance with s119A of the Data Protection Act 2018, in force 21 March 2022, as may be amended by the Information Commissioner (which is hereby incorporated by reference into these Developer Terms and is deemed to have been entered into and completed as set out below). Nothing in this Section 4.4 is intended to vary or modify the UK Transfer Addendum. All defined terms used below shall have the meanings given to them in the UK Transfer Addendum. For the purpose of the UK Transfer Addendum, the following will apply:

• In Table 1 of the UK Transfer Addendum, the parties' details are as follows:

  • Magic Labs, Inc. is the "Data Exporter" and you are the "Data Importer" as defined in the UK Transfer Addendum.

  • The parties details and key contact information are:

    • Magic Labs, Inc., 548 Market Street, #31387, San Francisco, CA 94104, and the contact person's details are as notified by the data exporter to the data importer from time to time.
    • Developer's details and key contact information are your details notified to Magic from time to time.

• The parties agree that agreement to the Developer Terms by the parties shall constitute execution of the Approved Addendum.

• For the purposes of Table 2 of the UK Transfer Addendum, the selected modules of the Approved EU SCCs shall be Module 1 (controller to controller).

• Table 3 of the UK Transfer Addendum shall be populated as follows:

  • Annex 1A: List of Parties: See Table 1 references above and the activities relevant to the data transferred are as described in the Developer Terms.
  • Annex 1B: Description of Transfer: The information in 4.3 above shall apply, albeit references to "EU User Data" shall be replaced with "UK User Data".
  • Annex II: Technical and organizational measures: For the purposes of Annex II, you will implement and maintain the technical and organizational security measures set out in the Terms, including those in Section 4.1 above and such other measures as we may require from time to time.

• In Table 4 of the UK Transfer Addendum, the data exporter may end the UK Transfer Addendum in accordance with the terms of the UK Transfer Addendum.

5. App Requirements

5.1 You will develop your App and use your App and the Services in compliance with all applicable laws and regulations (“Laws”) and will obtain all necessary permits or licenses (“Permits”), which includes without limitation, all approvals, authorizations, consents, qualifications to do business and certificates issued by any governmental authority, quasi-governmental authority, or legal body of the United States or any foreign body of any foreign jurisdiction related to the transmission of fiat currency, digital or cryptocurrency or other blockchain tokens necessary for your end users use of your App or the Services.

5.2 Each App must maintain 100% compatibility with the API, the SDK and the Services (including changes provided to you by Magic, which will be implemented in the App promptly thereafter). If any App uses or implements an outdated version of the API, SDK or the Services, you acknowledge and agree that such App may not be able to communicate with the Services. You agree not to modify, extend, subset or superset the API or SDK to any extent. You also acknowledge and agree that Magic may set and enforce limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API without our express consent (and we may decline that request or condition acceptance on your agreement to additional terms and/or charges for that use). You understand that we may cease support of old versions or releases of the API or SDK.

5.3 You will require your end users to comply with (and not knowingly enable them to violate) applicable Laws and the Agreement, including without limitation our Terms of Service.

5.3.1 You will provide and adhere to a privacy policy for your App that is compliant with all applicable privacy laws and that clearly and accurately describes to end users of your App what user information you collect and how you use and share such information (including for advertising) with Magic and third parties. If your or your end users’ use of the Services is prohibited by Laws or you do not have the required Permits, then you and your end users are not authorized to use the Services. You may only use User Data in accordance with your privacy policy, applicable Laws, and the Agreement. You agree that your privacy policy may not and will not supersede, modify or be consistent with these Terms, which will supersede if there is any conflict or inconsistency with your privacy policy.

5.3.2 You will give end users an easily accessible way to ask for their User Data to be modified or deleted. If you have received any User Data in error, you will immediately tell us, delete it, and provide proof of deletion upon request.

5.3.3 You shall ensure, prior to any access or use by any users of your App, each user’s agreement to minimum end user terms and conditions governing such user’s use of and access to your App. Such end user terms and conditions shall, at a minimum, be (a) be prominent, written, accurate and easy-to-understand by a reasonable consumer, (b) provide clear and conspicuous disclosures to all users and prospective users sufficient to comply with Laws, (c) include restrictions, obligations and acknowledgements of risk applicable to end-users that are consistent with those restrictions, obligations and acknowledgements or risk contained in this Agreement, (d) provide Magic and its suppliers with liability restrictions and limitations and warranty disclaimers, to include but not be limited to (i) exclusion of all implied warranties, including without limitation for merchantability and fitness for a particular purpose, (ii) exclusion of consequential, special, indirect, incidental, punitive, exemplary and tort damages, and (iii) inclusion of a quantifiable limitation of liability for direct and indirect damages that is less than the liability limits set forth in this Agreement; (e) provides clear instructions for users on how to retrieve and/or export their Private Keys; (f) holds harmless Magic from all liability related to risks set forth in this Agreement, including without limitation, exported Private Keys and seed phrases or access credentials related to imported Private Keys stored outside the Services, and from any obligation related to any delays, inaccuracies or incomplete services caused by the failure of Licensee or its suppliers. You shall be solely responsible for, and Magic shall have no responsibility for payment items disputed by end users. In no event shall Magic be liable to end users beyond what is expressly provided for in this Agreement, whether in contract or in tort or under any other legal theory (including, without limitation, strict liability and negligence) for lost profits or revenues, loss or interruption of use, lost or damaged data, reports, documentation or security, or similar economic loss, or for any indirect, special, incidental, consequential, punitive, or similar damages, arising out of or in connection with the performance or non-performance of this Agreement.

5.3.4 You will (i) monitor the activity of end users within the App for their compliance with the minimum end user terms and conditions set forth in Section 5.3.3 above; (ii) use commercially reasonable efforts to enforce such minimum end user terms and conditions after you become aware of such non-compliance by an end user; and (iii) screen each end user in accordance with your applicable compliance policies (including without limitation the Minimum Compliance Policy Requirements set forth in this Section 5.3).

5.3.5 You will ensure that you, your end users, or anyone controlling or acting on your (or your end users’) behalf, including but not limited to any relevant subsidiaries, affiliates, officers, directors, employees, agents, contractors, consultants, or ultimate beneficial owners, are: (i) not located in an Embargoed Country; (ii) not dealing with persons who are located, ordinarily resident, organized, established, or domiciled in a Embargoed Country or have been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and (iii) have controls in place that are designed to ensure that this remains the case. If you are a company, entity or other organization, you do and will maintain and implement the following: (i) a reasonably designed compliance program that conforms with all applicable U.S. and non-U.S. export control and trade sanctions laws; (ii) an anti-money laundering, sanctions, and fraud prevention compliance standards consistent with its operations; and (iii) such other programs, policies, and procedures required or appropriate to ensure that any use of the Services by you and your end users complies with applicable laws, rules and regulations ((i)-(iii)) collectively, the “Minimum Compliance Policy Requirements”).

5.3.6 If the App incorporates the SDKs, it may be subject to U.S. export controls governing its export, reexport, and transfer. You are responsible for determining the applicable restrictions and obtaining any necessary export approvals for the App under the applicable laws. You may not permit the App to be hosted, accessed, or used (i) in North Korea or by any U.S. or E.U. list of prohibited or restricted parties; or (ii) in any Embargoed Countries unless that use is authorized by the U.S. and other relevant authorities.

5.4. Magic may, in its sole discretion, make available certain features or functionalities within the Services that you can customize or configure for your App (“Customizable Components”). You are solely responsible for any configuration or implementation decisions that you make in connection with the Services or your App, including without limitation any use or non-use of Customizable Components.

6. Intellectual Property and Confidentiality

6.1 By enabling the Services, we do not acquire ownership in your App, and by using our Developer Tools or Services, you do not acquire ownership of any rights in our Developer Tools, or the content that is accessed through our APIs, or our Services. However, you hereby grant Magic a nonexclusive, sublicensable, fully-paid, perpetual, irrevocable worldwide license to fully exercise and exploit all intellectual property rights with respect to improvements or extensions that you create or are created for you that are relevant to the Developer Tools or Services or otherwise result from or are enabled by access to the Developer Tools or Services.

6.2 If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you. Magic shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Developer Tools and/or the Services and related systems and technologies, and Magic will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Developer Tools and the Services and for other development, diagnostic and corrective purposes in connection with the Developer Tools and the Services and other Magic offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. You agree not to block or interfere with such efforts and provide Magic with reasonable access to information related to your compliance with this Agreement. Magic may use any technical means to overcome any interference.

6.3 Notwithstanding anything to the contrary, Magic may combine any anonymized data, and use such combined data, or a subset thereof (provided that for any such combined data or subset thereof a majority of such data may not consist of User Data), in strictly an aggregate and anonymous manner where such data becomes derived data. The derived data shall not identify Developer, or any end user, or any holdings, positions, investments or portfolios of any end user. You hereby agrees that Magic is the exclusive owner of all such derived data.

6.4 You hereby grant to Magic a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your name and trademarks, logos, and other distinctive brand features (“Brand Features”), your App’s name and icon, and produce and distribute content and incidental depictions (including screenshots, videos and other content) from your App, in the course of promoting, marketing or demonstrating the Developer Tools or other Services you are using for your App. This license will remain in effect for existing materials and instances even if the Terms are terminated.

6.5 Our communications to you and the APIs may contain Magic confidential information. Magic confidential information includes any materials, communications, and information that are marked or designated confidential or that would normally be considered confidential under the circumstances (including any nonpublic information). If you receive any Magic confidential information, then you (i) will keep it confidential using no less than reasonable care to protect it and will only use it as necessary for your permitted use of the applicable APIs under the Terms and to provide us feedback, and (ii) will not disclose it to any third party without Magic's prior written consent, except to the extent (1) required by law with reasonable prior notice to us unless prohibited by court order or (2) necessary for a Service Provider acting on your behalf.

7. Virtual Currency

7.1 Responsibility for End User’s Virtual Currency. As between you and Magic, you shall remain solely responsible for all Virtual Currency you and/or your end users use in connection with the App and Services, including without limitation the responsibility for the safekeeping of the Virtual Currency you and/or your end users use in connection with the App and Services.

7.2 Virtual Currency Ownership. As a non-custodial private key management solution, Magic does not act as a custodian with respect to your or your end users’ Virtual Currency. Magic does not have the ability to access, move or transfer funds on your or your end users’ behalf. Title to and control over your (and your end users’, as applicable) Virtual Currency shall at all times remain with you (and your end users) and shall not transfer to Magic. As between you and Magic, as the owner of Virtual Currency used in connection with the Services, you (and your end users) shall bear all risk of loss of such Virtual Currency. Magic shall have no liability for Virtual Currency fluctuations. None of the Virtual Currency used in connection with the Services are the property of, or shall or may be loaned or transferred to, Magic; Magic does not represent or treat Virtual Currency associated with Private Keys generated through your or your end users’ use of the Services as belonging to Magic. Magic does not have the ability to withdraw, transfer, buy, or sell your or your end users’ Virtual Currency. At all times, you and/or your end users have sole control over the authentication credentials required to utilize your or their Private Keys and only you and/or your end users have the ability to transfer the Virtual Currency associated with those Private Keys.

8. Disclaimers

NOTWITHSTANDING ANYTHING TO THE CONTRARY UNDER THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT MAGIC DOES NOT HAVE ACCESS TO YOUR ACCOUNT OR YOUR, OR YOUR END USERS’, PRIVATE KEYS AND IS NOT RESPONSIBLE IN ANY WAY FOR THE SECURITY OF YOUR ACCOUNT. MAGIC HEREBY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR OR IN CONNECTION WITH YOUR ACCOUNT, WITH YOUR (AND/OR YOUR END USERS’) PRIVATE KEYS, AUTHENTICATION CREDENTIALS, AND ANY VIRTUAL CURRENCY, TRANSACTIONS, AND/OR AUTHORIZED ACTIONS AS APPLICABLE TO YOUR AND/OR YOUR END USERS’ DIRECT OR INDIRECT USE OF THE SERVICES, APPS OR DEVELOPER TOOLS, AND YOU AND YOUR END USERS AGREE TO HOLD MAGIC HARMLESS FROM AND IN CONNECTION WITH ANY SUCH LIABILITY OR RESPONSIBILITY.

FURTHERMORE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, WITH RESPECT TO ANY IMPORTED AND/OR EXPORTED PRIVATE KEY, MAGIC DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE PRIVATE KEY COPY AND ANY VIRTUAL CURRENCY THAT WERE ASSOCIATED WITH SUCH PRIVATE KEY ON OR THROUGH MAGIC’S SERVICES, DEVELOPER TOOLS OR YOUR APP(S). YOU (ALONG WITH YOUR END USERS) WILL BE SOLELY RESPONSIBLE FOR THE MANAGEMENT OF SUCH PRIVATE KEY COPY AND FOR KEEPING SUCH PRIVATE KEY COPY SECURE, AND MAGIC WILL NOT ASSIST YOU OR YOUR END USERS WITH STORING, USING, MANAGING OR SECURING SUCH PRIVATE KEY COPY. IF YOU OR YOUR END USERS LOSE ACCESS TO SUCH PRIVATE KEY COPY, YOU AND YOUR END USERS ACKNOWLEDGE AND AGREE THAT MAGIC HAS NO ABILITY TO ASSIST YOU OR YOUR END USERS IN RETRIEVING OR ACCESSING THAT PRIVATE KEY COPY AND ANY VIRTUAL CURRENCY ASSOCIATED WITH THAT PRIVATE KEY COPY WILL BECOME PERMANENTLY INACCESSIBLE. MAGIC IS NOT RESPONSIBLE FOR AND WILL NOT PROVIDE ANY SUPPORT OR CUSTOMER SERVICE RELATED TO YOUR OR YOUR END USERS’ USE OF SUCH PRIVATE KEY WITH ANY OTHER WALLET SOFTWARE OR HARDWARE, AND MAGIC MAKES NO REPRESENTATION THAT ANY OTHER SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH SUCH PRIVATE KEY AFTER EXPORT. MAGIC SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER WITH RESPECT TO ANY OF THE FOREGOING AND YOU (AND YOUR END USERS) AGREE TO HOLD MAGIC HARMLESS FROM AND IN CONNECTION WITH ANY SUCH LIABILITY OR RESPONSIBILITY.

We are not your, or any of your end user’s, broker, intermediary, agent, advisor, or custodian, and we do not have a fiduciary relationship or obligation to you or your end users regarding any other decisions or activities that you or your end users effect when using their Private Key(s) or the Services or the App(s). We are not responsible for any activities that you or your end users engage in when using your or their Private Key(s), and you should understand, and ensure your end users understand, the risks associated with Virtual Currency. You are solely responsible for any and all Authorized Actions that are initiated by or on behalf of end users through your App and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any Authorized Actions.

You and your end users have complete control over and responsibility for their Virtual Currency, and Magic will not be liable for any decisions or actions you take, or fail to take, in connection with any Virtual Currency. Magic does not issue, buy, sell, transfer, or custody Virtual Currency nor does Magic facilitate or make any recommendations related to, whether directly or indirectly, the issuance, purchase, or sale of any Virtual Currency.

Magic’s sole responsibility is to execute an Authorized Action submitted through your App or by any end user. Magic will not review the accuracy of any Authorized Actions. We make no representations and warranties as to any consequences of your or your end users’ use of the Services or the App related to initiating Authorized Actions, including but not limited to any and all legal, regulatory and/or tax consequences. You acknowledge and agree that you are solely responsible for all aspects of initiating Authorized Actions, or otherwise using the Services and Developer Tools and managing your Virtual Currency, including any actions of end users, and including by through or by means of the App.

Magic is not registered with the U.S. Securities and Exchange Commission or with any state, federal, or international regulator nor is it a financial institution, money services business or money transmitter. You acknowledge (and you will require your end users to acknowledge) that Virtual Currency are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

Magic assumes no responsibility for the operation of the underlying Blockchains and is not able to guarantee the functionality or security of network operations. In particular, the underlying Blockchains may be subject to sudden changes in operating rules. Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Virtual Currency you own. Magic does not control the timing and features of these material operating changes. In the event of any such operational change, Magic reserves the right to takes such steps as may be necessary to protect the security and safety of its Services and/or the Developer Tools, including temporarily suspending operations for the involved asset(s), and other necessary steps; Magic will use its best efforts to provide you with notice of its response to any material operating change; however, such changes are outside of Magic’s control and may occur without notice to Magic. Magic’s response to any material operating change is subject to its sole discretion and includes deciding not to support functionality associated with any underlying Blockchain. You acknowledge and accept the risks of operating changes to Virtual Currency and Blockchains, and agree that Magic is not responsible for such operating changes and not liable for any loss of value or missed rewards you end users may experience as a result of such changes in operating rules.

The Services may not support curve encryption formats necessary for Private Key generation for certain blockchain networks, as may be described further in the Documentation. Under no circumstances should you or your end users attempt to use the Services, the Developer Tools, or the App(s) to store, send, request, or receive any assets on blockchain networks and/or curve encryption formats that we do not support. We assume no responsibility in connection with any attempt to use our Services, Developer Tools, or App(s) with blockchain networks and/or curve encryption formats that we do not support. You acknowledge and agree (and will require your end users to acknowledge and agree) that we are not liable for any Virtual Currency that is sent to a wallet on an unsupported blockchain network or curve encryption format.

Informational Purposes Only; No Advice. For the avoidance of doubt, the Services do not include nor does Magic provide financial, investment, tax, legal, regulatory, accounting, business, or other advice, and you are solely responsible for determining whether any development, investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. Information provided by Magic on the Services or otherwise (including links to any third-party sites or communications with Magic representatives) does not constitute investment advice, financial advice, trading advice, legal advice, tax advice or any other sort of advice or recommendation, and you should not treat it as such. Magic does not recommend that any Virtual Currency should be bought, earned, sold, or held by you. Magic will not be held responsible for the decisions you or your end users make to buy, sell, or hold any Virtual Currency based on the information provided by Magic.

9. Acknowledgement of Risks

By accessing or using the Services or Developer Tools in any way, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks; Virtual Currency, including the usage and intricacies of native digital assets, like Ether (ETH); smart contract-based tokens, such as those that follow the Ethereum Token Standard; and systems that interact with blockchain-based networks. Magic does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it.

By accessing or using the Services, the Developer Tools or any App(s), you acknowledge and agree (a) that Magic is not responsible for the operation of the software and networks underlying the Services or Developer Tools, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Services.

Blockchain networks use public/private key cryptography. Encrypted forms of Private Key(s) are stored at Magic’s servers, however we do not have access to your or your end users’ raw Private Key(s). We have access to encrypted Private Key data only and only an end yser may access raw Private Key(s). Neither Magic nor any other person or entity (other than your end users, as authorized by you) will be able to unilaterally retrieve or move the Virtual Currency controlled by the Private Keys associated with your account.

We encourage you to offer Key Import and/or Key Export functionality in your App(s). Should Magic suddenly go offline or cease offering the Services permanently for any reason, you and end users could potentially lose control and access to the Virtual Currency associated with the Private Key(s) forever. It is up to you to enable Key Import and/or Key Export functionality for yourself and your end users or to pre-sign transactions to move your and your end users’ Virtual Currency to another wallet address for future broadcasting to account for this risk. If an end user chooses to import or export Private Keys, you agree (and will require the end user to agree) (x) to do so strictly in accordance with the Documentation; and (y) that you and the end user will be solely responsible for the security of the exported Private Key and access credentials related to imported Private Keys stored outside the platform, the associated wallet and the Virtual Currency contained therein.

Magic does not have access to your Account. You alone are responsible for securing your Authentication Credentials. If you lock yourself out of your Account, we cannot help you get back into your Account or reset your Authentication Credentials. Losing control of Authentication Credentials will permanently and irreversibly deny you access to Virtual Currency on the blockchain-based network and it is possible that you may lose access to your Account and Private Key information forever. If this occurs, then you will not be able to realize any value or utility from the Virtual Currency that you may hold.

You understand that our Services remains under development, which creates technological, and other risks when using or accessing the Developer Tools, App(s) or Services. These risks include, among others, delays in signing Authorized Actions or retrieving Private Key data resulting from the servers of Magic being offline; or an incorrect display of information on the Services in the case of server errors. You acknowledge that these risks may have a material impact on your use of the Services, which may result in, among other things, your failing to fulfill transactions at your desired price or at all.

We must comply with applicable laws, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.

You agree and acknowledge, and will require your end users to agree and acknowledge, that Magic will have no obligation or responsibility with respect to any Private Keys (including without limitation, no obligation or responsibility to process Authorized Actions) after termination of your account (and/or their subaccount), other than to make available the Key Export functionality, provided that, and only to the extent that, such you have enabled such functionality on behalf of your end users. Notwithstanding anything to the contrary in this Agreement, Magic shall have no responsibility for or liability in connection with any exported Private Key, the associated wallet and/or the Virtual Currency contained therein, or for an end users’ inability to access Key Export due to your implementation decisions.

You hereby acknowledge and agree (and you will require your end users to acknowledge and agree) that Magic will have no responsibility or liability for the risks set forth in this Section 9. You (and you will require your end user to) hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Magic, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 9.

10. Limitation of Liability; Indemnification

10.1 MAGIC PROVIDES THE DEVELOPER TOOLS AND THE SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. MAGIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF ITS API, SDK OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS AND YOU HAVE AN UNDERSTANDING OF THE USAGE AND INTRICACIES OF NATIVE CRYPTOGRAPHIC TOKENS, SMART-CONTRACT BASED TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS.

10.2 LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF MAGIC OR ITS SUPPLIERS OR RESELLERS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LICENSEE’S USE OF THE API OR SDK, OR (B) ANY DIRECT DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT IN EXCESS OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

10.3 To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Magic, its affiliates, subsidiaries, directors, managers, members, officers, employees, service providers, subsidiaries and partners (the “Indemnified Parties”) from any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) (“Indemnified Amounts”), arising out of or in any way relating to (i) your or your end users’ use or misuse of, or access to, the Developer Tools, App or the Services (ii) your or your end users’ violation of this Agreement or any Laws or Permits, (iii) your or your end users’ infringement, or the infringement by any third party using your account, of any right of any person or entity, (iv) the user or misuse of any App or other product or services that you or your end users develop, provide or make available, (v) a claim alleging that any of your or your end users’ data infringes the rights of, or has caused harm to, a third party; (vi) any modification, alterations, adaptations to, Customizable Components or implementations of the Services or Developer Tools; or (vii) any violation of any rights of any other person or entity. To the extent allowed by applicable law or court order, we will attempt to provide notice of any Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You will not settle any claim without our prior written consent. We may, at our sole discretion, elect to assume control of the defense and settlement of any claim. You agree to pay any amounts owed under this provision within 30 days of receipt of documentation sufficient to show that an Indemnified Party incurred Indemnified Amounts. Any dispute about the applicability of this provision is subject to arbitration under these Terms

11. Termination

You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide us with prior written notice and upon termination and cease your use of the applicable APIs. We reserve the right to terminate the Agreement with you or discontinue the Services, Developer Tools or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

12. Beta Products

Magic may, from time to time, offer products or services identified as early access, developer preview, beta or test products (or by description of similar import) (each a “Beta Product”). Any warranties or obligations made by Magic under this Agreement shall not apply with respect to Beta Products. You understand and acknowledge that the Beta Product is still in a testing phase and is likely to contain errors and/or defects. Further, any data, information, content or other materials provided or displayed to you in connection with any Beta Product, or any knowledge that you may have from or relating to Beta Products, is Magic’s confidential information. In addition to the disclaimers set forth elsewhere in these Terms, you agree that the Beta Products are provided are "AS IS" and "AS AVAILABLE." You should not rely on the performance or correct functioning of any Beta Products, nor should you rely on them for production use. You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue a Beta Products, or any respective portions thereof, at any time and in our sole discretion, with or without notice to you. Your use of Beta Products may be subject to additional limitations or conditions on a product-specific basis, which we may communicate to you through the Services, via email or through any other means as determined in our sole discretion.

13. General

13.1 Except as described in this Agreement, all notices to be provided under this Agreement shall be given in writing (a) as to the Licensee, at the email address provided by Licensee upon registration of Licensee’s account or user ID in Magic’s systems, or at such other account Licensee maintains with Magic, and (b) as to Magic, at legal@magic.link.

13.2 Before using any person or entity to provide services or develop or operate the App (“Service Provider”), you will require them to first agree in writing to only access and use the Developer Tools and any Services or data provided in connection with the Magic API on your behalf and at your direction solely to provide you services to develop or operate the App in compliance with the Agreement, and for no other purpose (including their own). You will ensure that each Service Provider complies with the Agreement as if they are in your place, and you are solely responsible and liable for their acts and omissions, including noncompliance. When you stop using a Service Provider, you will ensure they immediately cease using the Developer Tools and promptly delete all User Data in their possession or control. Upon notice, we may prohibit your use of any Service Provider if we reasonably believe that they have violated the Agreement or they are negatively impacting us, the Developer Tools, our Services, User Data, or the users, and you will promptly stop using them.

13.3 This Agreement is the complete agreement concerning the subject matter hereof between the parties and supersedes all prior agreements and representations between them. Magic reserves the right to modify this Agreement from time to time upon notice to Licensee (via email or by posting a notice to the page where Licensee accesses its developer account); if Licensee does not agree with this Agreement as so modified, its only remedy shall be to terminate this Agreement by providing notice to Magic. Any use of or access to the Developer Tools and/or Services in any manner whatsoever following a notice of modification of this Agreement shall constitute acceptance of the Agreement as so modified. If any part of this Agreement is held to be unenforceable for any reason, that part will be reformed only to the extent necessary to make it enforceable. No failure by Magic in exercising any right under this Agreement will constitute a waiver of that right. You may not assign or transfer any of your rights or obligations without Magic’s consent and any action or conduct in violation of the foregoing will be void and without effect. Magic may assign or transfer this Agreement.

13.4 This Agreement is a non-exclusive agreement. You understand that Magic and/or other third parties (including other developers) may be developing and may develop products and services that may be similar to or competitive with your App, website or other products or services provided by you. Nothing in this Agreement shall in any way restrict or preclude Magic and/or such third parties from creating and fully exploiting such products, services or other business activities without any obligation to you.

13.5 You may not suggest a partnership with, sponsorship by, or endorsement by Magic without Magic’s prior written approval. You permit Magic to make public statements about your use of the Magic products and services at any time.

13.6 THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER CALIFORNIA LAW AS SUCH LAW APPLIES TO AGREEMENTS BETWEEN CALIFORNIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN CALIFORNIA. ANY DISPUTE ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE FINALLY SETTLED BY ARBITRATION IN SAN FRANCISCO COUNTY, CALIFORNIA, USING THE ENGLISH LANGUAGE IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO WILL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF JAMS. THE PREVAILING PARTY IN THE ARBITRATION WILL BE ENTITLED TO RECEIVE REIMBURSEMENT OF ITS REASONABLE EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES AND ALL OTHER EXPENSES) INCURRED IN CONNECTION THEREWITH. JUDGMENT UPON THE AWARD SO RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE. NOTWITHSTANDING THE FOREGOING, EACH PARTY WILL HAVE THE RIGHT TO INSTITUTE AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF PENDING A FINAL DECISION BY THE ARBITRATOR. THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE FOR ACTIONS ARISING UNDER THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS IN SAN FRANCISCO, CALIFORNIA; BOTH PARTIES HEREBY AGREE TO SERVICE OF PROCESS IN ACCORDANCE WITH THE RULES OF SUCH COURTS. THE PARTY PREVAILING IN ANY DISPUTE UNDER THIS AGREEMENT WILL BE ENTITLED TO ITS COSTS AND LEGAL FEES.

13.7 If you would like to report a vulnerability or have a security concern regarding our user-facing and developer-related services, SDK, API, infrastructure, and architecture etc., please email security@magic.link.

13.8 The Services and Developer Tools were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.