01Acceptance and scope
These Terms & Conditions ("Terms") govern your use of magicwebstudios.com and any website feature that links to them. By using the site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the site.
Paid or custom work is governed by the applicable proposal, statement of work, order, service agreement, or master agreement (each, a "Service Agreement"). If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
Eligibility and authority
You must be at least 18 and able to enter a binding agreement. If you use the site or request services for a company or other organization, you represent that you have authority to act for it and bind it to the applicable agreement.
Website permission and acceptable use
We grant you a limited, revocable, non-exclusive, non-transferable right to use the site for lawful business evaluation and communication. You may not:
- interfere with the site, bypass security, or probe systems without written approval;
- upload malware, scrape at abusive rates, or use the site to violate another's rights;
- impersonate a person, submit false information, or misuse forms and communication tools;
- copy, resell, reverse engineer, or commercially exploit site code, design, content, or AI workflows except as permitted by law or a written agreement; or
- use automated output to make unlawful, deceptive, discriminatory, or harmful decisions.
We may restrict access needed to protect the site, our clients, or other users.
Services and marketing descriptions
We offer website and experience design, SEO and generative-engine visibility, AI Voice and chat, RFQ and quote workflows, CRM automation, commerce integrations, maintenance, and related consulting. Marketing pages describe capabilities and examples; they are not a promise that every feature, integration, timeline, or result is included in an engagement. Your Service Agreement defines the purchased scope.
Ava, AI, Voice, and automated features
Ava and other AI or automated features are software systems, not people. They may help answer questions, collect requirements, summarize conversations, route inquiries, and prepare draft quotes or follow-up. AI output can be incomplete, inaccurate, or outdated and must not be treated as professional legal, medical, financial, tax, or safety advice.
A browser Voice demo may use speech recognition and speech playback supplied by your browser or device. Microphone access is optional and subject to your permission; typed chat remains available. A production Voice or telephone channel may be recorded or transcribed only with the disclosure and consent required for that interaction. You agree not to submit another person's private information without authority.
Quotes, pricing, commitments, eligibility decisions, and final deliverables require human review unless a signed Service Agreement expressly approves a defined automated action. Nothing said in a demo creates a binding offer or contract.
Requests, quotes, and electronic communications
A contact, chat, Voice, or quote request authorizes us to respond about that request using the contact method you provide. It does not enroll you in unrelated marketing. A quote is an estimate and not binding until the required parties accept the final written Service Agreement. Electronic acceptance, typed names, and approved digital records may be used as signatures where permitted by law.
You are responsible for keeping your contact information current and for reviewing any proposal before acceptance. Promotional communications, if offered, require the separate choice described in our Privacy Policy and may be stopped using the provided opt-out.
Client responsibilities
For project work, you agree to provide accurate business information, timely access, content, decisions, feedback, and approvals. You are responsible for the legality, accuracy, ownership, licenses, and claims in materials you supply, and for maintaining appropriate credentials, policies, disclosures, and user permissions for your business.
You remain responsible for reviewing prices, offers, customer promises, AI output, and regulated or high-impact decisions before they are published or acted on. Client delays, incomplete access, or material scope changes may change the schedule and fees.
Privacy and legal compliance
Our handling of site information is described in the Privacy Policy. Each party must comply with the privacy, consumer-protection, intellectual-property, accessibility, advertising, email, telephone, call-recording, and industry-specific laws that apply to its role. A client using Voice, chat, forms, CRM, analytics, or automated outreach is responsible for approved scripts, lawful contact lists, required notices and consents, preference handling, and its own customer-facing privacy disclosures unless a Service Agreement expressly assigns a task to us.
If we process personal information solely for a client, the parties may enter a data processing addendum. We may suspend a workflow that appears unlawful, deceptive, unsafe, or inconsistent with approved consent and disclosure requirements.
Fees, expenses, taxes, and payment
Fees, deposits, milestones, recurring charges, and due dates are stated in the Service Agreement or invoice. Unless stated otherwise, fees exclude applicable taxes and third-party costs such as advertising spend, domains, hosting, stock assets, premium licenses, messaging, telephony, model usage, and platform fees.
You authorize the payment method and recurring billing described in the Service Agreement. Late or disputed amounts may pause work or service after any required notice. Deposits, cancellations, refunds, chargebacks, and renewals follow the signed Service Agreement and applicable law; this website alone does not create a refund entitlement.
Changes, delays, and acceptance
Work outside the agreed scope requires a written change, revised estimate, or new order. Schedules are good-faith estimates and may change because of client dependencies, third-party review, platform changes, outages, or events beyond reasonable control. Deliverable review and acceptance follow the process and time period in the Service Agreement.
Intellectual property
The site, brand, copy, design system, software, workflows, and demonstrations are owned by Magic Web Studios or its licensors and protected by law. Project ownership and licenses are defined in the Service Agreement. Unless it says otherwise, we retain our pre-existing tools, frameworks, templates, know-how, processes, and generalized skills.
Transfer or license of a final deliverable occurs only after the required payment. Open source, fonts, stock assets, platforms, models, and other third-party materials remain subject to their own licenses and terms. You grant us the limited rights needed to use client-provided materials to perform the work.
Portfolio and publicity
Unless a Service Agreement or written confidentiality instruction says otherwise, we may identify a completed non-confidential project and display public-facing deliverables in a portfolio or case study. We will not publish confidential credentials, internal data, or non-public performance figures. You may request a reasonable portfolio restriction in writing before publication.
Confidentiality
If the parties exchange non-public information identified as confidential or reasonably understood to be confidential, each party will use it only for the relationship and protect it with reasonable care. This does not cover information lawfully public, independently developed, already known without restriction, or properly received from a third party. Required legal disclosures may be made after notice when legally permitted.
Third-party services and accounts
Integrations and links may involve hosting, domain, search, social, advertising, payment, CRM, email, telephony, AI, analytics, and other third-party providers. Their services are governed by their own terms, availability, pricing, data practices, and acceptable-use rules. Unless a Service Agreement says otherwise, the client should own and control its production accounts and is responsible for third-party charges.
We are not responsible for a third party's outage, policy change, suspension, data loss, ranking change, model behavior, or discontinued feature outside our reasonable control. We may recommend alternatives but cannot guarantee continuity of an external platform.
No guaranteed results
Search rankings, AI citations, traffic, leads, revenue, conversion rates, advertising performance, deliverability, model accuracy, response times, and business outcomes are affected by competitors, platforms, budgets, market conditions, client actions, and other factors. Examples and forecasts are illustrative. We do not guarantee a particular ranking, placement, number of leads, sale, cost, or return unless a signed Service Agreement expressly states a measurable guarantee and its conditions.
Disclaimers
To the fullest extent permitted by law, the public website and free demonstrations are provided "as is" and "as available." Magic Web Studios disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site or a third-party service will be uninterrupted, error-free, completely secure, or suitable for a regulated use. Rights that cannot legally be disclaimed remain unaffected.
Limitation of liability
To the fullest extent permitted by law, Magic Web Studios and its owners, personnel, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data, arising from the site or services. For free public-site use, aggregate liability will not exceed $100. For paid services, aggregate liability will not exceed the fees paid to Magic Web Studios for the specific service giving rise to the claim during the twelve months before the event.
These limits do not apply to liability that cannot be excluded or limited under applicable law and may be modified by a signed Service Agreement.
Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Magic Web Studios from third-party claims, damages, and reasonable costs arising from materials or instructions you provide, your unlawful use of the site or deliverables, your breach of these Terms, or your violation of another person's rights. This obligation does not cover claims caused by our willful misconduct and may be modified by a Service Agreement.
Suspension and termination
You may stop using the public site at any time. We may suspend or terminate access needed to address misuse, security risk, nonpayment, legal requirements, or a material breach. Termination of paid services follows the Service Agreement. Payment obligations, confidentiality, intellectual-property provisions, disclaimers, liability limits, indemnity, and dispute provisions survive when their nature requires.
Force majeure
Neither party is responsible for delay or failure caused by events beyond reasonable control, such as natural disaster, utility or internet failure, war, labor disruption, government action, cyberattack not caused by the affected party's failure to use reasonable safeguards, or a material third-party platform outage. Payment already due is not excused.
Governing law and disputes
These Terms are governed by California law, without regard to conflict-of-law rules. The parties will first try in good faith to resolve a dispute through written discussion. Unless a signed Service Agreement states otherwise, claims must be brought in a state or federal court with jurisdiction in Southern California, and each party consents to that court's jurisdiction and venue.
These Terms do not require private arbitration and do not waive a class-action right. Any arbitration or class-action waiver must appear in a separately accepted agreement.
General terms
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a reorganization, financing, or sale. Headings are for convenience. These Terms and any applicable Service Agreement are the entire agreement for their subject matter and replace prior discussions on that subject.
Changes and contact
We may update these Terms for future use of the site. Material changes will receive additional notice when required. The revised date identifies the current version; changes do not retroactively alter a signed Service Agreement unless the parties agree.
Questions about these Terms may be submitted through our secure contact form. Magic Web Studios · Southern California · United States.