Terms of Use

Effective date: TBD

Welcome, and thank you for your interest in Majico ("Majico," "we," or "us"). These Terms of Use ("Terms") govern your access to and use of Majico's software, platform, APIs, documentation, and related tools, including the website https://www.majico.xyz, and all related software made available by Majico to build, deploy, host, and manage software projects (collectively, the "Service"). By using the Service, you agree to these Terms.

Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

If you are using the Service as part of your work for a company or organization that has a separate written agreement with Majico, your use of the Service may be governed by that agreement.

If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.

1. Access and use

1.1 Provision of access

Majico provides a suite of tools to help automate and accelerate branding, design, and related workflows using artificial intelligence. Subject to your compliance with these Terms, Majico grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Service.

1.2 Content

You may provide inputs to the Service ("Inputs") and receive outputs, code, designs, or other generated content based on those Inputs ("Outputs"). Inputs and Outputs are collectively "Content." We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions necessary for us to process the Inputs under these Terms and to provide the Service to you.

1.3 Model training

Majico will not use Content to train, or allow any third party to train, any AI models, unless you have explicitly agreed to the use of Content for training. Where available, you can find instructions in the Service on how to manage your preferences regarding the use of Inputs and Outputs for training.

1.4 Limitations for Outputs

You acknowledge that Outputs are generated automatically by machine learning technology and may be similar to or the same as outputs provided to other customers. You acknowledge that there are numerous limitations that apply with respect to Outputs provided by large language and other AI models ("AI Models"), including that:

  • Outputs may contain errors, omissions, or misleading information;
  • AI Models are based on predefined rules and algorithms and may produce repetitive or formulaic content;
  • AI Models may struggle with language nuances, slang, idioms, and cultural references;
  • AI Models may struggle with complex tasks that require reasoning, judgment, or domain expertise; and
  • Data used to train AI Models may be of varying quality or biased, which can be reflected in Outputs.

You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Outputs, including any reliance on the accuracy, completeness, or usefulness of such Outputs.

1.5 Use restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code, or underlying structure of the Service;
  • reproduce, modify, translate, or create derivative works of the Service;
  • rent, lease, lend, sell, or sublicense the Service;
  • remove any proprietary notices from the Service;
  • use the Service or any Outputs to develop or train a model that is competitive with the Service, or engage in model extraction or similar attacks;
  • probe, scan, or attempt to penetrate or test the vulnerability of the Service;
  • provide to any third party the results of any benchmark tests of the Service, unless you include sufficient information for others to replicate the tests;
  • harvest, scrape, or extract data from the Service at scale;
  • use the Service in any manner that infringes, misappropriates, or otherwise violates any third party's intellectual property, privacy, or other rights, or that violates any applicable laws or regulations; or
  • knowingly permit any third party to do any of the foregoing in relation to your account.

You will promptly notify Majico of any unauthorized use of the Service that comes to your attention and will provide reasonable cooperation to help prevent and terminate such use to the extent it is within your control.

2. Eligibility

You must be at least the age of majority in your jurisdiction (for example, 18 years old in many countries) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant that:

  • you meet the minimum age requirement described above;
  • you have not previously been suspended or removed from the Service;
  • your registration and use of the Service is in compliance with all applicable laws and regulations in your jurisdiction.

3. Account registration and security

To access most features of the Service, you must register for an account. When you register, you may be required to provide information such as your name, email address, and other contact information. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it up to date.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe that your account is no longer secure, you must promptly notify us at julian.m.kleber@gmail.com.

4. Payment terms

4.1 Paid services

Certain features of the Service may require payment of fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specified, all fees are in Euros (or another currency we specify to you in writing) and are non-refundable, except as required by law.

4.2 Pricing

Majico reserves the right to determine pricing for the Service. Majico will make reasonable efforts to keep pricing information on our website or in the Service up to date. We may change the fees for any feature of the Service, including by adding new fees or charges, by providing advance notice through the Service, by email, or by other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the updated amount. You are responsible for all applicable taxes associated with your use of the Service, other than taxes based on Majico's net income.

4.3 Payment processing

We may use third-party payment processors (such as Stripe) to facilitate payments for the Service. These payment processors process your payment information in accordance with their own terms and privacy policies. By submitting payment information, you authorize the payment processor to store and charge your payment method for fees due in connection with the Service.

4.4 Subscriptions

The Service may include subscription-based plans with automatically recurring payments for periodic charges ("Subscription Services"). Subscription details, including billing intervals and pricing, will be presented to you at the time of purchase or in your account settings. Subscription Services will automatically renew at the end of each subscription period unless you cancel in accordance with the instructions in your account or as otherwise indicated in the Service.

5. Ownership and intellectual property

5.1 Service

Majico and its licensors own and retain all right, title, and interest in and to the Service, including all software, technology, designs, and other materials, and all intellectual property rights associated with the foregoing. Except as expressly granted in these Terms, no rights or licenses are granted to you, whether by implication, estoppel, or otherwise.

5.2 Feedback

If you choose to provide suggestions, ideas, or other feedback regarding the Service ("Feedback"), you grant Majico a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation to you.

5.3 Content

You retain all rights that you have in your Inputs. Subject to applicable law and these Terms, Majico assigns to you any rights it may have in Outputs generated specifically for you from your Inputs.

6. Third-party services

The Service may include or integrate with third-party services, websites, applications, or content ("Third-Party Services"). Your use of any Third-Party Services is subject to the terms and policies of those third parties, and Majico is not responsible for Third-Party Services or how they handle your data.

7. Communications

We may send you emails or other communications about the Service, including information about features, updates, and offers. You may opt out of certain promotional communications by following the unsubscribe instructions in those communications. You may not opt out of important service-related communications (such as security alerts or legal notices).

8. Modification of these Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of these Terms and by posting the updated Terms on this page or through other appropriate means. All modifications are effective when posted, and your continued use of the Service after the updated Terms are posted constitutes your acceptance of the modifications. If you do not agree to the updated Terms, you must stop using the Service.

9. Termination

You may stop using the Service at any time. We may modify, suspend, or terminate the Service or your access to the Service, in whole or in part, at any time and for any reason, including if we reasonably believe you have violated these Terms or pose a risk of harm, fraud, or abuse.

Upon termination of your access to the Service, your right to use the Service will immediately cease. We may, but are not obligated to, delete Content or other data associated with your account, subject to our legal obligations and legitimate business needs.

10. Disclaimer of warranties

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MAJICO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND OUTPUTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

MAJICO DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU AGREE THAT ANY RELIANCE ON OR USE OF OUTPUTS IS AT YOUR SOLE RISK AND DISCRETION.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAJICO OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR OUTPUTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAJICO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MAJICO ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO MAJICO FOR ACCESS TO THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) EUR 100.

12. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless Majico and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; or (c) any claim that your Inputs or other content you provide infringe, misappropriate, or otherwise violate the rights of any third party.

13. Governing law and venue

These Terms are governed by the laws of Germany, without regard to its conflict of law principles. You and Majico agree that the courts located in Berlin, Germany will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service, subject to any mandatory consumer protection provisions that may apply in your jurisdiction.

14. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Majico regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without Majico's prior written consent. Majico may freely assign these Terms.

15. Contact information

If you have any questions about these Terms or the Service, you can contact us at:

Majico
Attn: Legal
Julian M. Kleber
Stettiner Str. 57, 13357
Email: julian.m.kleber@gmail.com