Legal

Effective Date: November 21, 2024

Developer Terms of Service

Magic Labs, Inc. provides an API, SDK, and related developer tools for building applications that integrate with their services. By accessing these tools, developers agree to be bound by these terms.

1. License

Magic grants developers a limited, non-exclusive, royalty-free license to access and use Developer Tools for building applications that communicate with the Magic API. Distributable SDK components may be included in applications, but only in object code form as fully integrated parts.

Open source software included in Developer Tools is subject to separate licenses that may supersede these terms to the extent expressly stated.

Magic reserves the right to suspend or revoke licenses at any time without notice.

2. Restrictions

Developers must not disclose Developer Tools or confidential information to third parties beyond employees developing the application. Access must be limited to those with legitimate development needs.

Developers warrant they are not located in or affiliated with embargoed countries and are not on prohibited parties lists.

Applications must comply with all applicable laws, including anti-money laundering, anti-terrorism financing, and export control regulations. Use is prohibited in embargoed countries and by restricted parties.

Developers agree not to block access to Services through devices or limit functionality.

2.6 Additional Prohibited Activities

Developers shall not:

  • Reverse engineer or extract source code and trade secrets
  • Sublicense Developer Tools to third parties
  • Create applications that function substantially similarly to Services
  • Introduce viruses, malware, or destructive items
  • Access private keys without explicit user consent
  • Bypass technological protections or geo-blocking measures
  • Use automated tools to access or download content
  • Send unsolicited advertising or spam
  • Monitor performance or conduct benchmarking without authorization
  • Impersonate others or misrepresent affiliations
  • Harass or threaten others
  • Disrupt Services or networks
  • Promote unlawful gambling
  • Violate privacy or intellectual property rights
  • Modify or create derivative works of Developer Tools
  • Exceed API rate limits or engage in excessive usage
  • Cause Magic to violate applicable laws

3. Account; Access Credentials

Developers must provide accurate information during registration and maintain current account details. Misrepresenting identity or masking app identity is prohibited.

Developer credentials (passwords, API keys, tokens, secrets) must be kept secure and used only within designated applications. Credentials must not be shared with third parties or embedded in open source projects.

Developers bear responsibility for all account activity, including unauthorized access. Magic is not liable if credentials are compromised.

Developers must immediately notify Magic if credentials are stolen or compromised. Losing access to credentials may result in permanent loss of account access and associated funds.

4. Data Security and Privacy

Developers must protect user data collected by applications from unauthorized access, destruction, loss, alteration, or disclosure. Protection must include data encryption at rest and administrative, physical, and technical safeguards.

Developers must promptly report unauthorized data access to affected users as required by law and notify Magic of security incidents.

Except where legally required, developers must update user data upon request and delete data when no longer necessary for application functionality, when ceasing to operate the application, or upon user or Magic request.

4.3 EEA Transfers

For transfers of EU user data outside the European Economic Area, developers must comply with EU Standard Contractual Clauses under Module One for controller-to-controller transfers, with Ireland as the Member State.

4.4 UK Transfers

For transfers of UK user data outside the United Kingdom, developers must comply with the UK International Data Transfer Addendum to the Standard Contractual Clauses (Version B1.0).

5. App Requirements

Developers must develop and use applications in compliance with all applicable laws and obtain necessary permits and licenses for transmitting currency and cryptocurrency.

Applications must maintain 100% compatibility with the API, SDK, and Services, implementing updates promptly. Developers may not modify, extend, or circumvent the API or SDK. Magic may enforce usage limits at its discretion.

Developers must require end users to comply with applicable laws and this Agreement, including Magic's Terms of Service.

5.3 Privacy and End User Requirements

Developers must maintain a privacy policy compliant with all applicable privacy laws, clearly describing information collection and use.

Developers must provide users easy access to request data modification or deletion and must immediately notify Magic of any user data received in error.

Prior to any user access, developers must ensure users agree to end user terms including:

  • Prominent, accurate, easy-to-understand disclosures complying with laws
  • Risk restrictions and acknowledgements consistent with this Agreement
  • Liability limitations and warranty disclaimers for Magic and suppliers
  • Instructions for retrieving and exporting private keys
  • Agreement to hold Magic harmless from liability related to exported private keys

Developers must monitor user activity for compliance with end user terms and use commercially reasonable efforts to enforce compliance.

The SDK may be subject to U.S. export controls. Developers may not permit applications to be accessed in North Korea or embargoed countries unless authorized.

6. Intellectual Property and Confidentiality

Magic does not acquire ownership of developer applications. Developers grant Magic a nonexclusive, sublicensable, perpetual, irrevocable worldwide license to exercise all intellectual property rights in improvements or extensions created for or enabled by Developer Tools.

Magic may use developer feedback without obligation. Magic may collect and analyze data about Developer Tools provision and performance for improvement and development purposes.

Magic may anonymize and use combined data (where Magic data forms the majority) as aggregate derived data, which Magic owns exclusively.

Developers grant Magic a non-exclusive, transferable, sublicensable, royalty-free license to use developer names, trademarks, logos, and app depictions for promoting or demonstrating Developer Tools.

Magic confidential information must be kept confidential with reasonable care and used only for permitted API use or providing feedback. Developers may not disclose confidential information to third parties without consent, except as required by law or to service providers.

7. Virtual Currency

Developers remain solely responsible for all virtual currency used in connection with applications and Services, including safekeeping.

As a non-custodial solution, Magic does not act as a custodian. Magic cannot access, move, or transfer funds. Title and control of virtual currency remains with developers and end users at all times.

Developers and end users bear all risk of loss. Magic has no liability for virtual currency fluctuations and does not own or loan virtual currency. Developers and end users retain sole control over authentication credentials and private keys.

8. Disclaimers

Magic disclaims all liability and responsibility for account security, private keys, authentication credentials, virtual currency, transactions, and authorized actions arising from use of Services, Developer Tools, or applications.

Magic disclaims all liability for imported or exported private keys and associated virtual currency. Developers and end users bear sole responsibility for managing exported private keys and keeping them secure.

Magic is not a broker, intermediary, agent, advisor, or custodian and has no fiduciary relationship with developers or end users. Magic is not registered with the SEC or financial regulators and is not a financial institution or money transmitter. Virtual currency is not subject to FDIC or SIPC protections.

Magic assumes no responsibility for underlying blockchain operation and cannot guarantee network functionality or security. Magic provides no financial, investment, tax, legal, regulatory, accounting, or business advice.

9. Acknowledgement of Risks

By accessing Services or Developer Tools, developers acknowledge understanding risks associated with cryptographic systems, blockchain networks, virtual currency, and related technologies.

Developers acknowledge Magic is not responsible for underlying blockchain software operation, which may experience sudden changes in operating rules ("forks") affecting Services.

Blockchain networks use public/private key cryptography. Encrypted private keys are stored at Magic's servers, but Magic does not access raw private keys — only end users may access them.

Developers are encouraged to offer key import/export functionality. If Magic ceases operations, developers and end users could lose permanent access to virtual currency. Developers should enable key import/export or pre-sign transactions to account for this risk.

Developers and end users bear sole responsibility for security of exported private keys and imported private keys stored outside the platform.

Magic does not have access to developer accounts. Developers are solely responsible for securing authentication credentials.

Services remain under development, creating technological risks including server downtime and information display errors that may materially impact use.

Developers acknowledge and waive all claims against Magic, its affiliates, and representatives related to risks described in this section.

10. Limitation of Liability; Indemnification

10.1 Disclaimers

Magic provides Developer Tools and Services "AS IS" without any warranties, express or implied, including warranties of merchantability, fitness for particular purpose, performance, accuracy, reliability, and non-infringement.

Developers represent and warrant understanding inherent risks of cryptographic systems and possess understanding of native cryptographic tokens, smart-contract tokens, and blockchain software systems.

10.2 Limitation of Liability

To the maximum extent permitted by law, Magic and its suppliers/resellers are not liable for: (A) indirect, special, incidental, or consequential damages including lost profits or goodwill, or (B) direct damages exceeding $100.

10.3 Indemnification

Developers agree to indemnify and hold harmless Magic, its affiliates, subsidiaries, directors, managers, officers, employees, and partners from any claims, liabilities, damages, losses, and expenses arising from:

  • Developer or end user use, misuse, or access to Developer Tools, applications, or Services
  • Violation of this Agreement or applicable laws/permits
  • Infringement of any person's rights by developer, end users, or third parties
  • Developer or end user application misuse or harm
  • Data infringement or harm to third parties
  • Modifications, alterations, or implementations of Services or Developer Tools
  • Violation of any person's rights

Magic will attempt to provide notice of claims to account contact information. Developers may not settle claims without Magic consent. Developers must pay incurred amounts within 30 days of receiving documentation.

11. Termination

Developers may stop using APIs at any time with or without notice. To terminate, developers must provide written notice and cease API use.

Magic reserves the right to terminate the Agreement or discontinue Services, Developer Tools, or access portions for any reason at any time without liability.

Provisions that should survive termination survive, including payment obligations, indemnification, liability limitations, intellectual property terms, and dispute resolution terms.

12. Beta Products

Magic may offer products identified as early access, developer preview, or beta. Warranties and obligations do not apply to beta products.

Beta products are provided "AS IS" and "AS AVAILABLE" and likely contain errors and defects. Data related to beta products is Magic confidential information.

Developers should not rely on beta products for production use. Magic may change, withdraw, terminate access to, or discontinue beta products at any time without notice.

13. General

13.1 Notices

Notices shall be provided in writing to the email address provided during account registration or other Magic-maintained account contact information, or to legal@magic.link for Magic.

13.2 Service Providers

Before using service providers to develop or operate applications, developers must require written agreement that providers will only access Developer Tools on developer behalf to provide development or operation services in compliance with this Agreement.

Developers are responsible and liable for service provider acts and omissions, including noncompliance.

13.3 Entire Agreement

This Agreement is the complete agreement concerning subject matter and supersedes prior agreements and representations. Magic reserves the right to modify this Agreement upon notice via email or posting.

Magic's failure to exercise any right does not constitute waiver. Developers may not assign or transfer rights or obligations without consent. Magic may assign or transfer this Agreement.

13.4 Non-Exclusivity

This Agreement is non-exclusive. Magic and third parties may develop products and services similar to or competitive with developer applications without obligation to developers.

13.5 Partnership and Public Statements

Developers may not suggest partnership, sponsorship, or endorsement by Magic without prior written approval. Magic may make public statements about developer use of Magic products and services.

13.6 Governing Law and Dispute Resolution

This Agreement is governed by California law as applied to agreements between California residents. Disputes will be settled by binding arbitration in San Francisco County, California, using JAMS Arbitration Rules, with one commercial arbitrator experienced in intellectual property and commercial contract disputes.

The prevailing party receives reimbursement of reasonable expenses including attorney fees. Each party may institute injunctive or equitable relief actions in proper jurisdiction courts.

The prevailing party in disputes is entitled to costs and legal fees.

13.7 Security Reporting

Security vulnerabilities or concerns regarding user-facing and developer services, SDK, API, infrastructure, or architecture should be reported to security@magic.link.

13.8 Government Use

Services and Developer Tools were developed at private expense and constitute commercial computer software and related documentation under applicable U.S. Federal Acquisition Regulation and agency supplements.


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