Effective date: October 18, 2019

Developer Terms of Service

Welcome to magic.link and/or dashboard.magic.link (the “Site”), owned and operated by Magic Labs, Inc. (“Magic,” “we,” or “us”). By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site.

Magic may modify the Site and/or these Terms from time to time without notice to you, except that if Magic makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means.

By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms. The Terms do not govern use of any of Magic’s services, which are subject to a separate services agreement to be signed between any user of the services and Magic.

1. Use of the Site.

   • You must be at least 16 years old to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 16. If you are under 16, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 16, we will delete that information as quickly as possible.

   • You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Magic’s systems or network security, including, without limitation by:

     • (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system
     • (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
     • (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
     • (iv) attempting to access another user’s private key or other login information to a digital asset wallet without such user’s explicit consent subject to a previously disclosed privacy policy;
     • (v) framing or mirroring any part of the Site without our express prior written consent; or
     • (vi) impersonating or pretending to be anyone else but you, falsely stating, or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or expressly or implicitly suggesting that we endorse any statement you make.

2. Information Not Confidential.

   • If you choose to contact any Magic personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.

   • Magic undertakes no obligation to review information submitted by you, or to return such information to you.

3. Magic Proprietary Rights.

   • The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Magic or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.

   • You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Magic.

   • Magic grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. Magic (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

   • Without limiting the foregoing, as between you and Magic, Magic is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Magic Mark. You may not use or exploit any Marks without prior written consent from Magic.

4. Links from and to the Site.

   • The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by Magic in any way and Magic is not responsible for any content contained therein. These links do not imply Magic’s endorsement of or association with any Third Party Site. Magic is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

5. Reporting Suspected Vulnerabilities.

   • 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 e-mail security@magic.link

6. Disclaimer of Warranties.

   • THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Magic (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.

   • NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

   • NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).

7. Limitation of Liability.

   • TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Magic, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “Magic PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY Magic PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

   • IN NO EVENT WILL THE TOTAL LIABILITY OF ANY Magic PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.

8. General Information.

   • These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.

   • In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California. The failure of Magic to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

   • If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

   • You may not assign these Terms or transfer any of your rights or obligations hereunder without Magic’s express written consent. These Terms inure to the benefit of Magic’s successors, assigns and licensees. These Terms are the entire agreement between you and Magic with respect to the subject matter herein.