Terms & Conditions

1. Acceptance of Terms

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

If you do not agree, you may not use our services.

2. Services Description

Magika AI provides:

• AI Voice Agents: Automated customer calls in Arabic (Gulf dialects) and English for lead qualification, appointment scheduling, follow-ups, and customer support
• Digital Transformation: Website development, CRM setup, social media launchpad, AI chatbots, and ongoing technical support
• Integrations: Connection with CRMs, calendars, communication platforms, and business tools
• Analytics: Call recordings, transcripts, performance metrics, and reporting

3. Your Responsibilities

As a user of Magika AI, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use our services in compliance with all applicable laws
• Obtain proper consent from customers before initiating AI voice calls
• Comply with telemarketing laws, TCPA, Do Not Call regulations, and international calling rules
• Not use our services for fraudulent, illegal, or harmful activities
• Notify us immediately of unauthorized account access

4. Payment Terms

• Platform fees are billed monthly in advance based on your plan
• Usage costs are calculated at provider cost + 10% and billed monthly
• One-time fees (setup, digital packages) are due upon project initiation
• Pilot fees are credited to your account if you continue with a paid plan
• Prices may change with 30 days' advance notice
• Failure to pay may result in service suspension
• You are responsible for applicable taxes
• All fees are non-refundable except as explicitly stated

5. Data Ownership & Privacy

• Your use of our services is governed by our Privacy Policy
• You retain ownership of your customer data
• You are responsible for obtaining necessary consents from your customers
• Call recordings may be stored for quality assurance (opt-out available)
• We may use anonymized, aggregated data to improve our services
• We implement industry-standard security measures

6. Service Availability

• We strive for 99.5% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• We are not liable for interruptions beyond our reasonable control
• Features may have usage limits based on your subscription
• We may temporarily suspend services for security or suspected violations

7. Prohibited Uses

You may not use Magika AI for:

• Illegal activities, fraud, or deception
• Harassment, spam, or unsolicited communications violating telemarketing laws
• Impersonation or providing false information
• Attempting to breach our security or access unauthorized data
• Reverse engineering or copying our technology
• Political campaigning without proper authorization
• Spreading misinformation or harmful content
• Any activity that could harm Magika AI's reputation or operations

8. Intellectual Property

• 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 content you provide remain your property
• Websites and digital assets we create for you become your property upon full payment

9. Limitation of Liability

To the maximum extent permitted by law:

• Magika AI shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid in the preceding 12 months
• We provide services "as is" without warranties of any kind
• We do not guarantee specific outcomes or results
• We are not responsible for third-party services or integrations

Some jurisdictions do not allow these limitations, so they 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
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content or data you provide or transmit

11. Termination

• You may cancel your subscription anytime via your dashboard or by contacting support
• We may terminate accounts that violate these Terms
• Upon termination, access to services ceases immediately
• You remain responsible for charges incurred before termination
• We may retain certain data as required by law
• Provisions that should survive termination (liability, indemnification, IP) will survive

12. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use after changes constitutes acceptance. If you disagree, you may terminate your account.

13. Governing Law & Disputes

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

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, 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. General Provisions

• Entire Agreement: These Terms constitute the complete agreement between you and Magika AI
• Severability: If any provision is invalid, the remaining provisions remain in effect
• No Waiver: Failure to enforce any right does not waive it
• Assignment: You may not assign these Terms; we may assign freely
• Force Majeure: We are not liable for delays due to events beyond our control