Terms & Conditions

Effective date: January 01, 2025

Welcome to Magika AI. These Terms and Conditions ("Terms") govern your use of our AI-powered voice automation services and website. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using Magika AI services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services.

2. Service Description

Magika AI provides AI-powered voice automation services including:

  • Automated customer outreach and follow-up calls in multiple languages (including Arabic and English)
  • Lead qualification and appointment scheduling
  • Customer support and service calls
  • Integration with various CRM and business platforms
  • Call analytics, transcripts, and reporting tools
  • Industry-specific voice automation workflows

3. User Responsibilities

As a user of Magika AI, you agree to:

  • Provide accurate and complete information when creating your account
  • Maintain the confidentiality of your account credentials
  • Use our services in compliance with all applicable laws and regulations in your jurisdiction
  • Obtain proper consent from customers before initiating AI voice calls
  • Comply with telemarketing laws, Do Not Call regulations, TCPA requirements, and international calling regulations
  • Not use our services for fraudulent, illegal, or harmful activities
  • Respect intellectual property rights and third-party data
  • Notify us immediately of any unauthorized use of your account

4. Payment Terms

Payment terms for Magika AI services:

  • Platform fees are billed monthly in advance based on your selected plan
  • Usage costs are calculated at cost + 10% and billed monthly in arrears
  • Pilot/case study setup fees are fully credited if you continue with a paid plan
  • All fees are non-refundable except as explicitly stated in your service agreement
  • We reserve the right to modify pricing with 30 days' advance notice
  • Failure to pay may result in service suspension or termination
  • You are responsible for all applicable taxes
  • Payment methods include credit cards, debit cards, ACH transfers, and invoicing (for qualified accounts)

5. Data and Privacy

Regarding data handling and privacy:

  • Your use of our services is also governed by our Privacy Policy
  • You retain ownership of your customer data
  • We implement industry-standard security measures to protect data
  • You are responsible for obtaining necessary consents for data processing from your customers
  • We may use aggregated, anonymized data for service improvement and analytics
  • Call recordings may be stored for quality assurance and training purposes unless you opt out
  • We comply with GDPR, CCPA, and other applicable data protection regulations

6. Service Availability and Support

Regarding service uptime, availability, and support:

  • We strive for 99.5% service uptime but cannot guarantee uninterrupted service
  • Scheduled maintenance will be communicated in advance when possible
  • We are not liable for service interruptions beyond our reasonable control (force majeure events)
  • Some features may have usage limits based on your subscription plan
  • Support response times vary by plan (email support for all plans, priority support for higher tiers)
  • We may temporarily suspend services for security reasons or suspected violations

7. Prohibited Uses

You may not use Magika AI for:

  • Illegal activities, fraud, or deceptive practices
  • Harassment, spam, or unsolicited communications that violate telemarketing laws
  • Impersonating others or providing false information
  • Attempting to breach our security systems or access unauthorized data
  • Reverse engineering, copying, or replicating our AI technology
  • Violating third-party rights, terms of service, or privacy policies
  • Political campaigning or lobbying without proper authorization
  • Spreading misinformation or harmful content
  • Any use that could harm Magika AI's reputation or operations

8. Intellectual Property

Regarding intellectual property rights:

  • All Magika AI technology, software, and branding are our intellectual property
  • You receive a limited, non-exclusive license to use our services
  • You may not copy, modify, or distribute our technology
  • Customer data and call content you provide remain your property
  • We may use anonymized insights from service usage to improve our platform

9. Limitation of Liability

To the maximum extent permitted by law:

  • Magika AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount you paid for our services in the preceding 12 months
  • We provide our services "as is" without warranties of any kind, express or implied
  • You use our services at your own risk and discretion
  • We are not responsible for third-party integrations, services, or data breaches beyond our control
  • We do not guarantee specific outcomes or results from using our AI services

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Magika AI, its affiliates, and team members from any claims, losses, or damages arising from your use of our services, violation of these Terms, or infringement of third-party rights.

11. Termination

Regarding account termination:

  • You may cancel your subscription at any time through your account dashboard or by contacting support
  • We may terminate or suspend accounts that violate these Terms with or without notice
  • Upon termination, your access to services will cease immediately
  • You remain responsible for all charges incurred before termination
  • We may retain certain data as required by law or for legitimate business purposes
  • Termination does not relieve you of obligations incurred prior to termination

12. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through prominent notice on our website. Your continued use of Magika AI services after changes constitutes acceptance of the new Terms. If you disagree with changes, you may terminate your account.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

You waive any right to participate in class action lawsuits or class-wide arbitration.

14. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Magika AI
  • Severability: If any provision is found invalid, the remaining provisions remain in effect
  • No Waiver: Our failure to enforce any right does not constitute a waiver
  • Assignment: You may not assign these Terms without our consent; we may assign freely
  • Force Majeure: We are not liable for delays caused by events beyond our reasonable control

15. Contact Information

If you have questions about these Terms, please contact us:

📧 Email: contact@magika.ai

📍 Company: Magika AI (DBA registered in California, USA)

By using Magika AI, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.