Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you and Graham Tutin trading as MagicFlow (hereinafter referred to as "MagicFlow," "the Platform," "Service," "we," "us," or "our").

By accessing or using MagicFlow, you agree to be bound by these Terms.

2. Description of Service

MagicFlow is an AI-powered multi-channel messaging platform that enables businesses to manage customer conversations across WhatsApp, Telegram, Signal, SMS, Email, and Web Chat. Our Service includes:

• Message Management: Centralized inbox for multi-channel customer conversations
• AI-Assisted Messaging: Automated message drafting and response suggestions in 200+ languages
• Customer Communication Tools: Scheduling, templates, and automation features
• Analytics & Insights: Conversation tracking and performance metrics
• Integration Services: Connection to third-party messaging platforms and APIs

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

3. Eligibility & Account Registration

3.1 Eligibility Requirements

To use MagicFlow, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business or organization (for business accounts)
• Not be prohibited from using the Service under applicable laws

3.2 Account Registration

You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow multiple users to access a single account (unless authorized by your subscription plan)

4. Acceptable Use Policy

4.1 Permitted Uses

You may use MagicFlow to:

• Communicate with customers who have opted in to receive messages from your business
• Manage customer service inquiries and support requests
• Send transactional messages (order confirmations, shipping updates, appointment reminders)
• Conduct marketing communications with proper consent and opt-out mechanisms
• Automate responses to common customer questions

4.2 Prohibited Uses

You agree NOT to use MagicFlow to:

• Spam: Send unsolicited bulk messages, cold outreach, or messages to users who have not opted in
• Harassment: Harass, threaten, intimidate, or abuse any person
• Illegal Content: Transmit any content that is illegal, fraudulent, defamatory, or violates any law
• Malicious Activities: Distribute malware, viruses, phishing links, or other harmful content
• Privacy Violations: Share personal information without consent or violate data protection laws
• Impersonation: Impersonate any person or entity or misrepresent your affiliation
• Scraping: Extract user data, contact lists, or content without authorization
• Platform Abuse: Attempt to bypass platform restrictions, manipulate systems, or interfere with Service operations
• Third-Party Violations: Violate terms of service of integrated platforms (WhatsApp, Telegram, Signal, etc.)

4.3 Compliance with Messaging Platform Policies

When using MagicFlow to send messages via third-party platforms (WhatsApp, Telegram, Signal, etc.), you must comply with:

• WhatsApp Business Policy: Customer opt-in requirements, 24-hour messaging window, approved message templates for notifications beyond 24 hours
• Telegram Terms of Service: Anti-spam policies and user consent requirements
• Signal Terms: Prohibited content and usage restrictions
• SMS/Email Regulations: CAN-SPAM Act (USA), CASL (Canada), GDPR (EU), and other applicable laws

Violations of third-party platform policies may result in immediate account suspension or termination.

5. User Content & Data

5.1 Your Content

You retain ownership of all content you create, upload, or transmit through MagicFlow ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• Store and process your User Content to provide the Service
• Use AI models to analyze and generate message suggestions (with your consent)
• Aggregate anonymized usage data for service improvement

We will never sell your User Content or customer data to third parties.

5.2 User Responsibilities

You are solely responsible for:

• The accuracy, legality, and appropriateness of your User Content
• Obtaining necessary consents and permissions before collecting or transmitting customer data
• Complying with data protection and privacy laws applicable to your business
• Backing up your data (we provide tools, but you are ultimately responsible)

5.3 Content Removal

We reserve the right to remove, suspend, or restrict access to any User Content that:

• Violates these Terms or our Acceptable Use Policy
• Infringes on intellectual property rights
• Poses security or legal risks
• Is reported by users or flagged by automated systems

6. Subscription Plans & Payments

6.1 Subscription Fees

MagicFlow offers various subscription plans with different features and usage limits. By subscribing, you agree to:

• Pay all applicable fees as described in your selected plan
• Provide accurate billing information
• Authorize automatic recurring billing (unless you choose a one-time payment option)

6.2 Billing & Renewals

• Recurring Subscriptions: Your subscription will automatically renew at the end of each billing cycle unless canceled
• Payment Methods: We accept credit cards, debit cards, and other payment methods as specified
• Failed Payments: If a payment fails, we may suspend your account until payment is received
• Price Changes: We may change subscription prices with 30 days' advance notice

6.3 Refunds & Cancellations

• Cancellation: You may cancel your subscription at any time through your account settings
• Effect of Cancellation: You will retain access until the end of your current billing period
• Refunds: Refunds are provided at our discretion and typically only for service failures or billing errors
• No Partial Refunds: We do not provide pro-rated refunds for mid-cycle cancellations

6.4 Free Trials

If you sign up for a free trial:

• The trial period will be clearly specified at signup
• You may be required to provide payment information to access the trial
• You will be automatically charged when the trial ends unless you cancel before the trial period expires
• We reserve the right to limit trial eligibility (one trial per user/business)

7. WhatsApp Business API Integration

7.1 BSP Application Status

MagicFlow is currently applying to become an Official WhatsApp Business Solution Provider (BSP). During this application process:

• WhatsApp integration features may be limited or subject to change
• We will notify users of any changes to WhatsApp functionality
• Users must comply with all WhatsApp Business Policy requirements

7.2 WhatsApp Compliance Requirements

If using WhatsApp through MagicFlow, you must:

• Obtain Opt-In: Only message customers who have explicitly consented to receive WhatsApp messages from your business
• Respect 24-Hour Window: Free-form messages are only allowed within 24 hours of the customer's last message
• Use Approved Templates: Messages sent outside the 24-hour window must use WhatsApp-approved message templates
• Provide Opt-Out: All business-initiated messages must include a clear way for customers to opt out
• No Spam: Do not send unsolicited promotional messages, mass broadcasts, or cold outreach via WhatsApp

7.3 WhatsApp Account Suspension

Violations of WhatsApp policies may result in:

• Temporary or permanent suspension of your WhatsApp Business Account
• Quality rating penalties that limit message delivery
• Removal of WhatsApp access from your MagicFlow account

MagicFlow is not responsible for WhatsApp account suspensions caused by policy violations.

8. Intellectual Property Rights

8.1 MagicFlow Ownership

MagicFlow and its original content, features, and functionality are owned by MagicFlow and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"MagicFlow," our logo, and other marks are trademarks of MagicFlow. You may not use these marks without our prior written permission.

8.3 Third-Party Trademarks

WhatsApp, Telegram, Signal, and other third-party platform names and logos are trademarks of their respective owners. Our use of these names is for descriptive purposes only and does not imply endorsement.

9. AI & Data Processing

9.1 AI-Powered Features

MagicFlow uses artificial intelligence and machine learning to:

• Suggest message responses based on conversation context
• Translate messages across 200+ languages
• Analyze sentiment and conversation trends
• Automate routine customer service tasks

9.2 AI Limitations & Disclaimers

You acknowledge that:

• AI-generated suggestions may not always be accurate or appropriate
• You are responsible for reviewing and approving all AI-generated content before sending
• AI models may occasionally produce unexpected or biased outputs
• We do not guarantee the accuracy, reliability, or suitability of AI-generated content

9.3 Data Processing

By using MagicFlow, you consent to:

• Processing of your messages and customer data to provide AI features
• Storage of conversation history to improve service quality
• Aggregation of anonymized usage data for analytics and model training

For more details, see our Privacy Policy.

10. Privacy & Data Protection

Your use of MagicFlow is also governed by our Privacy Policy, which explains how we collect, use, and protect your data.

If you process personal data of EU residents, you agree to comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

11. Disclaimers & Limitations of Liability

11.1 Service Availability

MagicFlow is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free operation
• 100% uptime or availability
• Compatibility with all devices or platforms
• Delivery of all messages (due to third-party platform restrictions)

11.2 Third-Party Platform Dependencies

MagicFlow relies on third-party platforms (WhatsApp, Telegram, Signal, etc.). We are not responsible for:

• Changes to third-party platform APIs or policies
• Downtime or service disruptions on third-party platforms
• Account suspensions or bans imposed by third-party platforms
• Data loss or security breaches on third-party platforms

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICFLOW SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Damages resulting from third-party actions or platform failures

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO MAGICFLOW IN THE PAST 12 MONTHS.

11.4 Indemnification

You agree to indemnify and hold harmless MagicFlow, its affiliates, and its employees from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of third-party rights (intellectual property, privacy, etc.)
• Your use of the Service in an unlawful or prohibited manner
• Your User Content or customer communications

12. Termination & Account Suspension

12.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team at [email protected]

Upon termination, you will lose access to your account and data at the end of your billing cycle.

12.2 Termination by MagicFlow

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent or illegal activity
• Your account poses a security risk to the Platform or other users
• You fail to pay subscription fees
• We are required to do so by law or third-party platform policies

12.3 Effect of Termination

Upon termination:

• Your access to the Platform will be immediately revoked
• We may delete your account data after a reasonable grace period (typically 30 days)
• You remain liable for any outstanding fees or obligations
• Provisions regarding intellectual property, liability, and indemnification survive termination

13. Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration Agreement

Any disputes arising from these Terms or your use of MagicFlow will be resolved through binding arbitration, except for:

• Small claims court disputes (under $10,000 AUD)
• Intellectual property disputes
• Claims for injunctive relief

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive your right to participate in class actions, class arbitrations, or representative proceedings.

14. Changes to Terms of Service

We may update these Terms from time to time. When we do:

• We will post the updated Terms on this page with a new "Last Updated" date
• We will notify you via email or in-app notification for material changes
• Your continued use of the Service after changes constitutes acceptance
• If you do not agree to the new Terms, you must stop using the Service

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MagicFlow regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control (natural disasters, pandemics, government actions, third-party platform failures, etc.).

16. Contact Information

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

• Email: [email protected]
• Website: https://magicflowhub.com
• Business Name: MagicFlow
• ABN: 87 737 216 041

By using MagicFlow, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.