Magicall Terms and Conditions

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Last updated: April 21, 2021

 

The following Terms and Conditions sets forth the legally binding agreement between You and the Company for Your use of Our Application and Services, as applicable from time to time. Please read these Terms carefully. By creating an account, using the Services, or otherwise indicating your assent to these Terms, You knowingly and voluntarily agree to be bound by these Terms and You represent and warrant that: (1) You have read, understand, and agree to be bound by these Terms, (2) You are of legal age to form a binding contract with the Company, and (3) You have the authority to enter into the Terms (on behalf of yourself or any entity that You represent). These Terms govern how claims You and the Company have against each other can be brought and will require You to submit claims You have against the Company to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If You do not agree to be bound by these Terms, You may not use or access the Services. PLEASE READ THESE TERMS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES. Definitions ----------- For the purposes of these Terms and Conditions: * “Application” means the mobile, tablet, and other smart device applications and application program interfaces, or other available web-based platform or site provided by the Company downloaded by You on any electronic device, currently named “Magicall.” * “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded. * “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. * “Account” means a unique account created for You to access our Service or parts of our Service. * “Country” refers to: United States * “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Let's Play Technologies, Inc. * “Content” refers to all content or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content, including, without limitation, text, images, videos, feedback or otherwise. * “Device” means any device that can access the Service such as a computer, a Cellphone, mobile device or a digital tablet. * “Feedback” means feedback, innovations, suggestions, creative ideas, proposals, plans, or other materials or Content of any kind, whether online, by email, by postal mail, or otherwise sent by You regarding the attributes, performance or features of our Service. * “Free Trial” refers to a limited period of time that may be free when purchasing a Subscription. * “Promotions” refer to contests, sweepstakes or other promotions offered through the Service. * “Service” refers to the Application and all other services offered by the Company to You from time to time, including, without limitation, any web-based services, sites or applications. * “Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You. * “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. * “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. * “You,” “Your,” or “User” means the individual accessing or using the Service, or any company, business or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Acknowledgment ============== These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use our Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. If You do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services. RIGHT TO ACCESS The Services do not collect personally identifiable information from anyone under the age of 13. By registering an Account, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, you are expressly prohibited from registering an Account. In addition, you may not make a purchase from our Services unless you are at least 18 years of age. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES, YOU HEREBY AGREE TO BE KNOWINGLY AND VOLUNTARILY BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND HEREBY KNOWINGLY, IRREVOCABLY AND VOLUNTARILY COVENANT NOT TO SUE OR ASSIST YOUR MINOR IN ANY ACTION, CLAIM, CAUSE OF ACTION, OR OTHER LIABILITY AGAINST THE COMPANY ARISING OUT OF OR RELATING TO SUCH MINOR’S USE OF OUR SERVICES. Subscriptions ============= Subscription period ------------------- The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. Subscription cancellations -------------------------- You may cancel Your Subscription renewal either through Your Subscription settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. Billing ------- You shall provide the Company with accurate, true and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. You shall keep all such information current, complete and accurate at all times. Should automatic billing fail to occur for any reason, the Company may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Fee Changes ----------- The Company, in its sole and exclusive discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount. Refunds ------- Except when required by applicable law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole and exclusive discretion of the Company. Free Trial ---------- The Company may, at its sole and exclusive discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected, and hereby acknowledge and agree to pay such automatic charge. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Promotions ========== Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. User Accounts ============= When You create an account with Us, You must provide Us information that is accurate, complete, true, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password and other information that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is, in our sole and exclusive opinion, otherwise offensive, vulgar or obscene. By creating an Account, you agree that you may receive communications from the Company, including, without limitation, newsletters, promotions, special offers, account reminders, social media contact and updates. When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. RESTRICTED ACTIVITIES With respect to your use of the Services, you hereby agree that you will NOT: impersonate any person or entity; stalk, threaten, or otherwise harass any person, or carry any weapons; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the Services; post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services; rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; link directly or indirectly to any other websites; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, cause any third party to engage in the restricted activities above; use the Services for any unlawful purposes; sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Services, or any part thereof; collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as included in the Services; adapt, modify and/or make any derivative modifications to the Services, or any part thereof; download or copy any account and/or information from the Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant; use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks or any third party’s name or trademarks without the express written consent of the Company or the applicable third party; publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, in connection with the Services; or imply affiliation with or endorsement or sponsorship by the Company, or cause confusion, mistake, or deception in connection therewith. Content ======= Your Right to Post Content -------------------------- Our Service allows You to post Content. You are solely and exclusively responsible and liable for the Content that You post to the Service, including, without limitation, its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the unlimited right and irrevocable, royalty-free, worldwide, fully-paid, non-assessable, assignable (with right to sublicense) license to use, modify, upload, download, transfer, reproduce, distribute and make derivative works of all such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are solely and exclusively responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not and will not violate the privacy rights, intellectual property rights, proprietary rights, publicity rights, copyrights, contract rights or any other rights of any person, business or entity. Content Restrictions -------------------- The Company is not responsible for the Content of the Service's Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third party using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, lewd, pornographic, discriminatory, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: * Unlawful or promoting unlawful activity. * Defamatory, discriminatory, or mean-spirited content, including, without limitation, references or commentary about religion, race, sexual orientation, sexual identity, gender, national/ethnic origin, or other targeted groups. * Spam, whether machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. * Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to the Services, any data or other information of a third person. * Infringing on any proprietary rights of any party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity or other rights. * Impersonating any person, business or entity including, without limitation, the Company and/or its employees, Affiliates or representatives. * Violating the privacy of any third party. * False information and features. The Company reserves the right (but has no obligation), to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and/or refuse or remove any offending Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable or responsible in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. Content Backups --------------- Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability or responsibility related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. Copyright Policy ================ Intellectual Property Infringement ---------------------------------- We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the alleged copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@magicall.app and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. DMCA Notice and DMCA Procedure for Copyright Infringement Claims ---------------------------------------------------------------- You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. * A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. * Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. * Your address, telephone number, and email address. * A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. * A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our copyright agent via email at support@magicall.app. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. Intellectual Property ===================== The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the sole and exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company, which may be withheld in the Company’s sole and exclusive discretion. Your Feedback to Us =================== You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, fully-paid, assignable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, market, make derivative works of and exploit commercially such Feedback without restriction. Links to Other Websites ======================= Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Termination =========== We may terminate or suspend Your Account and/or your access to the Services immediately, at any time and from time to time, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions or the Company’s Privacy Policy. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Limitation of Liability ======================= Notwithstanding any damages that You might incur, the entire liability of the Company and any Company Party (as defined below) under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or any Company Party be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any Company Party has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the Company’s or the applicable Company Party’s liability will be limited to the greatest extent permitted by law. "AS IS" and "AS AVAILABLE" Disclaimer ========== THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EMPLOYEES, AGENTS, OWNERS, MEMBERS, MANAGERS SHAREHOLDERS, OFFICERS, DIRECTORS, PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARISING EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY AND ANY COMPANY PARTY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY COMPANY PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law ============= These Terms and Your use of the Services will be exclusively governed by and construed in accordance with the domestic laws of the State of Washington without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington. In any arbitration in accordance with these Terms, each claim is subject to the limitation periods (under statutes of limitation and statutes of repose) as would be applicable to that claim if it was adjudicated in an action in a Washington superior court. Any claim which does not accrue, or for which arbitration is not commenced (by demand for arbitration or as otherwise provided under applicable rules or statutory law), which any such limitation period is barred. Subject to these Terms, You hereby knowingly, irrevocably and unconditionally agree to submit any legal action or proceeding relating to these Terms or arising out of the relationship of the parties to the non-exclusive general jurisdiction of the courts of the state of Washington located in King County and the courts of the United States located in the Western District of Washington and, in any such action or proceeding, consent to jurisdiction in such courts and waive any objection to the venue in any such court. If any suit or action is instituted in connection with any controversy arising out of this Agreement or to enforce any rights hereunder, the substantially prevailing party, as determined by the adjudicator in the suit or action, shall be entitled to recover, in addition to costs, such sums as the court may find reasonable as attorneys’ fees, including litigation expenses and costs, and such similar sums incurred on any appeal. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER ================== INFORMAL DISPUTE RESOLUTION In the event You wish to initiate an action, we strongly encourage You to first contact us directly to seek a resolution. If Your issue is not resolved accordingly, then You agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class, email or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to the Company at the contact information provided below, and to you at your last-used billing address or the billing and/or shipping address in your online profile. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. ARBITRATION AGREEMENT To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. By agreeing to arbitrate any Disputes with us, You agree to give up Your right to go to court to assert or defend Your rights under this Agreement and with respect to any Dispute, You and the Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. The Company will provide such notice by email to your email address on file with the Company and you must provide such notice by email to the Company. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. Where the relief sought is $10,000 or less, the parties agree that the arbitration will be conducted by FairClaims (www.fairclaims.com) in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. To begin an arbitration proceeding with FairClaims, you must follow the steps outlined by FairClaims’ How It Works page. Where the relief sought is $10,001 or more, the parties agree that resolution shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To begin an arbitration proceeding with JAMS, you must send a letter requesting arbitration and describing your claim to the Company at the contact information provided below. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If permitted by JAMS, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Seattle, Washington. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. All aspects of any arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, any relief must be individualized to You and shall not be joined with, or otherwise affect, any other Dispute. You and the Company hereby agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. Except as set forth above, this Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Services ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. For European Union (EU) Users ============================= If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States Federal Government End Use Provisions =================================================== If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101. United States Legal Compliance ============================== You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver ======================= Severability ------------ Each provision of these Terms shall be considered severable such that if any one provision or clause conflicts with applicable law, or may not be given full effect because of such law, this shall not affect any other provision of the Terms that can be given effect without the conflicting provision of clause; provided; however, that such provision shall be modified, to the minimum extent possible and necessary, to be enforceable to the fullest extent and in compliance with any such applicable laws, prior to it being severed from these Terms in its entirety. Waiver ------ Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation ========================== These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of any dispute. Changes to These Terms and Conditions ===================================== These Terms along with our Privacy Policy and the terms set forth in our Support Center collectively set forth the full, final and comprehensive understanding and agreement between You and the Company with respect to the subject matter hereof and supersedes and replaces all previous or contemporaneous understandings and agreements between the parties, whether oral or written. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Accessibility Policy ============== It is the Company’s policy to ensure that persons with disabilities have a full and equal opportunity to benefit from the services offered by the Company through our Services. We will continue to work to improve the accessibility standards of our Services. If you are using a screen reader or having trouble accessing our Services or using any of its features, please contact us using the contact information below. Contact Us ========== If you have any questions about these Terms and Conditions, You can contact us: * By email: support@magicall.app