Terms & Conditions

Usage terms for the Device Magic product and website

Last Updated: December 2, 2020

READ THESE TERMS AND CONDITIONS CAREFULLY. 

  1. Introduction

Device Magic Inc., and its affiliates (collectively, “Device Magic”, “we”, “us” and/or “our”), provides world-leading mobile forms data collection software as a service (“SaaS”) and apps for our clients around the globe.

(a)       Consent.  By using the DeviceMagic.com website, any Device Magic affiliate website, and/or any Device Magic or affiliate mobile app (collectively, “Service”), or by indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you, your employees, agents, contractors and any other entity on whose behalf you accept these terms agree to enter into a legally binding contract pursuant to these Terms and Conditions, including when you are using the Service on behalf of a company or other third party.  Your usage is also subject to the terms and conditions of our Privacy Policy.  If you object to any term or condition of these Terms and Conditions, you agree that your sole remedy will be to discontinue using the Service.  Device Magic may terminate your Service account at any time, for any reason, and without any notice.

By creating an account on the Service, you agree to provide true, accurate, current, and complete information.  You agree to not create an account using a false identity or providing false information, or if you have previously been removed or banned from the Service. You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You are solely responsible for all activities that occur on or in connection with your account, and you agree to notify Device Magic immediately of any unauthorized access or use of your account. You acknowledge and agree that Device Magic is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.

If you are currently subscribing to the Service by having executed a DocuSign (or similar technology) or a hardcopy agreement (“Contract”), the Contract will prevail in the event of any conflict between the Contract and these Terms and Conditions.  In cases where the Contract does not address specific provisions included in these Terms and Conditions, these Terms and Conditions will apply as a supplement to the Contract.

Certain features of the Service may be subject to additional terms of use (“Additional Terms”), which will be provided when you opt to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms.  In the event that any relevant Additional Terms conflict with these Terms and Conditions, the Additional Terms will apply.

(b)       Service Ownership.  All content on the Service, including but not limited to website designs, text, documentation, graphics, pictures, videos, information, applications, APIs, software, sound, data, ideas, media, processes and other content, and their selection and arrangement (“Device Magic Content”), are the property of Device Magic and/or its licensors.  No Device Magic Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.  Your use of the Service does not give you any ownership right in the Service or any Device Magic Content.  All rights not expressly granted to you under these Terms and Conditions are reserved by Device Magic and its licensors.

You hereby grant to Device Magic a non-exclusive, royalty-free, fully-paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media regardless whether now known or hereinafter invented or devised (including all social media), to use, reproduce, license, sublicense, distribute, modify, adapt, reformat, publicly perform, publicly display, translate, create derivative works of, and otherwise use for any purpose – and you hereby waive any and all moral rights or “droit moral” you may have – in any of the following: (i) any submission in any form or medium that you make directly or indirectly to Device Magic through the Service, through any third-party website, through any social media, via e-mail, or by any other means; and (ii) any idea, suggestion, proposal, improvement, plan, feedback, or other communication.

The trademarks contained within the Service: (i) are registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (ii) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (iii) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).

(c)       Change.  Device Magic may modify these Terms and Conditions – and we may change the technology we use, and create limits on use and storage – at any time without prior notice, so you are encouraged to review these Terms and Conditions on a regular basis.  If you object to any term or condition of these Terms and Conditions after any change, you agree that your sole remedy will be to discontinue using the Service.  You agree that your continued use of the Service after any change to these Terms and Conditions will be deemed your consent to the updated Terms and Conditions.  These Terms and Conditions supersede all previous Device Magic Terms and Conditions.

If you are currently subscribing to the Service by having enrolled online via our Pricing Page (“Clickthrough Subscription”), we will notify you in the event we change the price for the Service.  Any changes will become effective after your then-current subscription expires or terminates.  If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.

  1. Fees

You agree to pay to Device Magic in U.S. dollars (US$) all fees when they are due, and all taxes that are required by law.  If you have a Clickthrough Subscription, you agree to pay all Device Magic’s fees, charges, and billing terms in effect as shown on our Pricing Page.  If you do not pay on time, or if Device Magic cannot successfully charge your payment method for any reason, Device Magic reserves the right to either suspend or terminate your access to the Service.

You agree that Device Magic may automatically charge your stored payment method at monthly or annual intervals, depending on your agreed upon interval.  You acknowledge and agree that Section 5-903(2) of the New York General Obligations Law and all similar Laws regarding required notice for automatic renewal provisions in any contract for service, maintenance or repair to or for any real or personal property is hereby waived and shall have no effect.

You agree that Device Magic may audit all account users, devices and usage at any time.  If, in its sole discretion, Device Magic determines that you have attempted to mask or hide, or you have masked or hidden, the number of devices or users or the amount of usage associated with your account at any time, you agree that Device Magic may retroactively charge your payment method or bill you for the maximum number of devices or users associated with your account for any duration during the immediately preceding term.

You agree that Device Magic may charge your payment method on a pro rata basis for devices and/or users added to your account in the middle of any subscription term.  You agree that Device Magic may charge your payment method for at least one (1) additional subscription term for any device or user added to your account in the middle of any immediately preceding subscription term, and that you will be solely responsible for removing any devices or users from your account prior to subscription term charges beyond the additional subscription term.

You must request subscription termination or downgrade at least thirty (30) days prior to the end of your then-current subscription term.  If you have a Clickthrough Subscription, you may terminate your subscription via the Device Magic Management Console.  If you have a Contract, you may terminate your subscription by contacting us at Accounts@DeviceMagic.com.   Deleting any Device Magic app from any device will not necessarily terminate your subscription.

If you terminate, you agree that Device Magic may charge unpaid fees to your method of payment or otherwise bill you for such unpaid fees.  Neither termination nor downgrades to license count and/or plan type can be processed if an account has a past-due balance.  After receiving the payment in full, termination or downgrades will be reflected upon the next account renewal.  If you terminate at any time, you will not receive any refund.

Termination shall become effective upon expiration of your then-current subscription term.  You agree that you will be charged subscription fees until the expiration of your then-current subscription term, and subscription fees will not be refunded in whole or in part.  If you terminate your subscription, you will enjoy your subscription benefits until the expiration of the then-current subscription term.  If you have any issues relating to your subscription termination, please contact us for assistance.

  1. Code of Conduct

As a condition of your use of the Service, you agree to all of the following:

(a)       You will be the sole authorized user of your Service account. You are solely responsible for maintaining the confidentiality of any user name and/or password used by you for accessing the Service, and for all activities that occur under your password or account.

(b)       You will not register more than one account, register for a user account on behalf of an individual other than yourself, impersonate another, misrepresent your identity, or register for a user account on behalf of any company or other entity, unless you are expressly authorized to do so.

(c)       You will immediately notify Device Magic of any unauthorized use of your password or account, or of any other actual or suspected breach of security.

(d)       You will provide accurate, timely, complete, and updated information in connection with your use of the Service.  Device Magic, Device Magic partners, and their subsidiaries, officers, directors, agents, employees, licensors, suppliers, contractors, owners and investors (collectively, “Device Magic Entities”) will not be responsible for any claim relating to any inaccurate, untimely or incomplete information provided by you.  You are solely responsible for information entered by you.

(e)       With regard to any and all content you provide (“User Content”), you hereby grant to Device Magic a non-exclusive, worldwide, transferable, sublicenseable license to use, modify, copy, publish, and distribute User Content, and to post User Content to the Service.  You warrant that you own or otherwise possess all intellectual property and other rights necessary to post User Content on the Service, and to permit others to make use of your User Content.

(f)        Device Magic will have sole discretion to refuse to post, or to delete, any User Content you provide for any reason or for no reason.

(g)       You will not obtain or attempt to obtain access to or search any data or information through “hacking”, “scraping”, use of a “bot” or other means not made available for your permitted use through the Service.

(h)       You will not download, upload or republish Device Magic Content on any third-party website, or incorporate the information in any other database or compilation.

(i)        You will not post User Content containing any advertisement or commercial solicitation.

(j)        You will not use any Device Magic Content and/or any Service data for the purpose of advertising or commercial solicitation either via the Service or independently of the Service.

(k)       You will not attempt to break or circumvent any Service security measure, or otherwise test the vulnerability of the Service.

(l)        You will not attempt to damage, disable or overburden the Service.

(m)      You will not access the Service using a username/password that you are not authorized to use.

(n)       You will not submit User Content that:

  • Is false, defamatory, threatening, bullying, harassing, hateful or violent;
  • Is racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
  • Consists of, abets or encourages criminal conduct;
  • Is obscene, pornographic or sexually explicit, or exploits or presents a minor in a sexual way;
  • Is in violation of anyone’s intellectual property rights, privacy rights or other rights;
  • Is misleading, fraudulent or deceptive; or
  • Is illegal or unlawful.

(o)       You will not transmit material through the Service that you know or should know contains any virus, Trojan horse, worm, time bomb, cancelbot, malware, ransomware or other computer code that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate the Service or any system, data, personal information or third-party Service.

(p)       You will not:

  • Modify, enhance, or create any derivative work of the Service;
  • Attempt to or actually transfer or assign any right you may have under these Terms and Conditions, which shall be null and void;
  • Decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to reconstruct the source code for the Service and/or reduce the Service to human readable form; or
  • Make any copy of the Service.

(q)       You represent that you are the greater of: (i) eighteen (18) years of age; or (ii) the minimum age required for lawful usage of the Service in your jurisdiction.

(r)        You will not remove any copyright notice or Device Magic logo from any Device Magic Content.

(s)       You will not transmit spam, bulk or unsolicited communications.

(t)        You will not pretend to be Device Magic or someone else, or spoof Device Magic’s or someone else’s identity

(u)       You will not forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Content transmitted through the Service.

(v)       You will not misrepresent your affiliation with a person or entity.

(w)      You will not disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Service.

(x)       You will not engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm.

(y)       You will not collect or store personal data about other users, unless specifically authorized by such users.

(z)       You will not use the Service or any Device Magic Content for load testing or for any benchmarking purposes, or for any competitive purposes.

(aa)     You will not probe, scan, or test (including without limitation stress testing or penetration testing) the vulnerability of the Service or any Device Magic Content, or intentionally breach or attempt to breach any security or authentication measures.

(ab)     You will not use the Service or any Device Magic Content for any high risk use that could lead to death or serious bodily injury of any person, or to severe physical or environmental damage.

(ac)     You agree that if you breach any provision of these Terms and Conditions, Device Magic may terminate your Service account.

  1. Disclaimer of Warranties; Limitation of Liability

THE SERVICE IS OFFERED TO YOU AS A CONVENIENCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IN ANY MANNER IS AT YOUR SOLE RISK. DEVICE MAGIC ENTITIES DO NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DEVICE MAGIC ENTITIES MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY OR THROUGH THE SERVICE. DEVICE MAGIC ENTITIES SHALL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD-PARTY SERVICE USED OR PROVIDED IN CONJUNCTION WITH THE SERVICE, SUCH AS ANY SERVICE PROVIDER, CONTENT PROVIDER OR ADVERTISER.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, CUSTOMER’S PURPOSE, SYSTEM INTEGRATION, TITLE, NONINFRINGEMENT, SECURITY OR NONINTERFERENCE; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR COURSE OF PERFORMANCE. DEVICE MAGIC ENTITIES DO NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON OR PROVIDED BY THE SERVICE.  DEVICE MAGIC ENTITIES DO NOT WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS.

YOU HEREBY AUTHORIZE DEVICE MAGIC TO TRANSMIT ANY PERSONAL DATA YOU HAVE ENTERED INTO THE SERVICE BETWEEN AND AMONGST SERVICE USERS.  DEVICE MAGIC ENTITIES CANNOT AND DO NOT GUARANTEE THAT PERSONAL DATA RESIDING ON A SERVICE COMPUTER SERVER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD DEVICE MAGIC LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF ANY PERSONAL DATA OR OTHER INFORMATION.

DEVICE MAGIC ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE AND/OR ANY DEVICE MAGIC CONTENT, AND DEVICE MAGIC ENTITIES SHALL NOT BE LIABLE FOR ANY  INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, NON-ECONOMIC OR CONSEQUENTIAL DAMAGES, LOSS OF ANY REVENUE OR PROFIT, LOSS OF OPPORTUNITY OR REPUTATION, AND/OR LOSS OF DATA OR INFORMATION, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE AND/OR ANY DEVICE MAGIC CONTENT, EVEN IF DEVICE MAGIC IS AWARE OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGE.  IN CONSIDERATION FOR USING THE SERVICE, YOU AGREE TO WAIVE, RELEASE AND DISCHARGE ALL DEVICE MAGIC ENTITIES FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE ACTIONS OR INACTIONS OF DEVICE MAGIC.  YOU AGREE THAT DEVICE MAGIC ENTITIES’ TOTAL CUMULATIVE LIABILITY TO YOU WILL BE LIMITED TO A MAXIMUM AMOUNT OF US$100.00.

THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEVICE MAGIC, AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW), EVEN IF ANY REMEDIES CONTAINED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER JURISDICTION’S SIMILAR LAW), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of damages, in which case some of the above limitations may not apply to you.

  1. Copyright and Intellectual Property Policy

If you believe that any material residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement to Device Magic’s copyright agent with the following information.  If you do not follow these requirements, your notice may be invalid.

  • Identification of the work or material that you claim has been infringed, including the link/URL;
  • Your contact information, including your name, address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law;
  • A statement by you that the above information contained in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or of a person authorized to act on behalf of the copyright owner.

Device Magic’s copyright agent is:

c/o Device Magic Inc., Copyright Agent

1 Glenwood Avenue, Suite 500

Raleigh, NC 27603, USA

Email:  Accounts@DeviceMagic.com

Telephone: +1 (855) 257-9650

Contact Page:  https://www.devicemagic.com/contact-us/

If Device Magic determines that any Service user is an infringer, Device Magic:  may terminate the Service user’s account and access to the Service; ban the Service user from creating any future account; and take any further action in Device Magic’s sole discretion.

  1. General

(a)       The headings in these Terms and Conditions are for convenience and reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.

(b)       If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

(c)       No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition.

(d)       The Service and all associated documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, Device Magic and all associated documentation are being provided to U.S. Government end users: (i) only as a Commercial Item; and (ii) with only those rights as are granted to all other end users pursuant to these Terms and Conditions. Manufacturer is Device Magic Inc., 1 Glenwood Avenue, Suite 500, Raleigh, NC 27603 USA.

(e)       As required by the laws of the United States and other countries: (i) you understand that the Service may be subject to export controls under the U.S. Commerce Department’s Export Administration Regulations (“EAR”); (ii) you are not located in a prohibited destination country under the EAR or U.S. sanctions regulations; and (iii) you will not export, re-export, or transfer the any part of the Service to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries.

(f)        The parties hereto confirm that it is their wish that these Terms and Conditions, as well as other documents relating hereto, including all notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise.

(g)       These Terms and Conditions shall be construed, regulated and administered under the laws of the State of Delaware, U.S.A., without regard to its conflicts of law principles.  The parties hereby consent to resolve all disputes via arbitration in the State of Delaware, U.S.A.

(h)       The Service may contain links to third-party websites and/or social media. You acknowledge and agree that: (i) any link does not mean that Device Magic endorses or is affiliated with the website or social media; and (ii) Device Magic Entities are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the website or social media.

(i)        Device Magic will not be liable for any delay or failure in performance due in whole or in part to any:  (i) act of God, such as earthquake, storm, flood, illness, pandemic, accident, and more; (ii) any law, rule, regulation or order of any governmental authority; (iii) act of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes; (iv) strikes; (v) Internet outage, telecommunications outage, equipment failure, transmission failure; or (vi) any other event or cause beyond the reasonable control of Device Magic.

(j)        These Terms and Conditions embody the entire agreement of the parties related to the subject matter hereof, superseding any and all prior agreements, proposals, and understandings, regardless whether written or oral.

(k)       As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages sent via e-mail, SMS, text message, telephone, and any other means (collectively “Electronic Communications”).  Electronic Communications are part of the Service, and you may not be able to opt-out from receiving them.  By using the Service, you consent to receiving all Electronic Communications from Device Magic.  Electronic Communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service.  You agree that Electronic Communications that we send to you do not and will not violate any law, rule, directive, regulation and/or other requirement.

(l)        You agree that Service administrators may inspect any and all data as it in transit through the Service for the purposes of troubleshooting and debugging.

(m)      The Service is operated and provided by Device Magic Inc., 1 Glenwood Avenue, Suite 500, Raleigh, NC 27603, USA.  If you have any questions about these Terms and Conditions, please contact us.


These Terms and Conditions (“Terms”) govern your access to and use of the services and websites provided by Device Magic (Pty) Ltd.Device Magic Inc. (the “Services”), and any information, text, graphics, or other data, uploaded, downloaded or using the Services (collectively referred to as “Data”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You may use the Services only if you can form a binding contract with Device Magic (Pty) Ltd.Device Magic Inc. and are not a person barred from receiving services under the laws of the State of Delaware, the United States, or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Device Magic (Pty) Ltd.Device Magic Inc. provides are always evolving and the form and nature of the Services that Device Magic (Pty) Ltd.Device Magic Inc. provides may change from time to time without prior notice to you. In addition, Device Magic (Pty) Ltd.Device Magic Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any information that you provide to Device Magic (Pty) Ltd.Device Magic Inc. as part of your account is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Device Magic (Pty) Ltd.Device Magic Inc.. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Device Magic (Pty) Ltd.Device Magic Inc. account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Device Magic (Pty) Ltd.Device Magic Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Data on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

For the purposes of troubleshooting and debugging, certain administrators employed by Device Magic (Pty) Ltd.Device Magic Inc. may inspect data as it in transit through our systems. This inspection does not confer any rights to reproduce or disseminate information as a result of this process.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Device Magic (Pty) Ltd.Device Magic Inc. will not be responsible or liable for any use of your Content by Device Magic (Pty) Ltd.Device Magic Inc. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Device Magic (Pty) Ltd. Device Magic Inc. Rights

All right, title, and interest in and to the Services (excluding Data provided by users) are and will remain the exclusive property of Device Magic (Pty) Ltd.Device Magic Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the the State of Delaware, the United States, and foreign countries. Nothing in the Terms gives you a right to use the Device Magic (Pty) Ltd.Device Magic Inc. name or any of the Device Magic (Pty) Ltd.Device Magic Inc. trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Device Magic (Pty) Ltd.Device Magic Inc., or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Device Magic (Pty) Ltd.Device Magic Inc. may reference you as a user of the Services and use your name and logo, as applicable, in listings of customers of the Services appearing on the Device Magic (Pty) Ltd.Device Magic Inc. web site and for other marketing and promotional purposes relating to the Services.

Restrictions on Data and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Data on the Services and to terminate users or reclaim usernames. Please review the Device Magic (Pty) Ltd.Device Magic Inc. Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Device Magic (Pty) Ltd.Device Magic Inc., its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Device Magic (Pty) Ltd.Device Magic Inc.‘s computer systems, or the technical delivery systems of Device Magic (Pty) Ltd.Device Magic Inc.‘s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Device Magic (Pty) Ltd.Device Magic Inc. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Device Magic (Pty) Ltd.Device Magic Inc. (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Device Magic (Pty) Ltd.Device Magic Inc. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Data in such a manner as to interfere with or create an undue burden on the Services.

Export Controls

You acknowledge that the Services are subject the the export control laws and regulations of the United States, and you represent and warrant that your access to, and use of, the Services, shall be in full compliance with such laws and regulations. You may not access, use or otherwise export or reexport the Services except as authorized by United States law and the laws of the jurisdiction(s) in which the Services were obtained or accessed. In particular, but without limitation, the Services may not be accessed from, exported or reexported (i) into any U.S. embargoed jurisdiction (as of the date of these Terms and Conditions, such jurisdictions include but are not limited to Iran, Sudan, Cuba, North Korea, and Syria); or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List or any other restricted party lists. By using the Services, you represent and warrant that you are not located in any such jurisdiction or on any such list, and that you are not acting for a person or entity that is located in any such jurisdiction or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. Device Magic (Pty) Ltd.Device Magic Inc.may, in its sole discretion, suspend or terminate your access to the Services and/or any associated account in the actual or suspected breach of the ‘Export Controls’ section of these Terms. No refund or other credit will be granted or otherwise provided to you in the event of such suspension or termination.

In addition, to the fullest extent permitted by applicable law, you shall indemnify, hold harmless, defend, pay and reimburse Device Magic (Pty) Ltd.Device Magic Inc., if it was, is or is threatened to be made, a party to or a participant in any actual, threatened, pending or completed action, suit, arbitration, mediation, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding related to your breach of the ‘Export Controls’ section of these Terms, whether brought by a third party, a government agency or by Device Magic (Pty) Ltd.Device Magic Inc., against any and all direct and indirect costs, fees and expenses, judgments, fines, amounts paid in settlement, obligations or expenses in connection with incurred by Device Magic (Pty) Ltd.Device Magic Inc. in connection with the prosecuting, defending, preparing to prosecute or defend, investigating, being or preparing to be a witness in, settlement or appeal of, such action.

The Services are Available “AS-IS”

Unless superseded by a signed Service Agreement with Device Magic (Pty) Ltd.Device Magic Inc. your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Device Magic (Pty) Ltd.Device Magic Inc. AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Device Magic (Pty) Ltd.Device Magic Inc. will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Device Magic (Pty) Ltd.Device Magic Inc. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Device Magic (Pty) Ltd.Device Magic Inc. or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Device Magic (Pty) Ltd.Device Magic Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Device Magic (Pty) Ltd.Device Magic Inc. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Device Magic (Pty) Ltd.Device Magic Inc. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Device Magic (Pty) Ltd.Device Magic Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Delaware, the United States, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State of Delaware, the United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, the Device Magic (Pty) Ltd.Device Magic Inc. Rules and our Privacy Policy are the entire and exclusive agreement between Device Magic (Pty) Ltd.Device Magic Inc. and you regarding the Services (excluding any services for which you have a separate agreement with Device Magic (Pty) Ltd.Device Magic Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Device Magic (Pty) Ltd.Device Magic Inc. and you regarding the Services. Other than members of the group of companies of which Device Magic (Pty) Ltd.Device Magic Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at www.devicemagic.com/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by FedGroup House, 89 Bute Lane Sandton, 2196, South Africa. If you have any questions about these Terms, please contact us.