The following terms and conditions (“Terms of Service”) apply to the Magpi Mobile Data Service hosted at magpi.com and associated mobile applications (“Magpi”, or “Service”), all services of the Magpi company (DataDyne Group, LLC, doing business as “Magpi”). These Terms of Service will also apply to any new features that augment or enhance the current Service, including the release of new tools and resources.
Access to the Service requires the creation of an account (“Account”). Use of the Services is governed by these Terms of Service. If you violate these Terms of Service, your Account may be terminated. Although these Terms of Service prohibit misuse of the Service as described below, Magpi is not responsible for the actions of others using the Service, and you therefore agree to use the Service at your own risk.
Magpi may need to modify these Terms of Service from time to time. If it does so, Magpi will notify you of any modifications on this page, available at /terms/ and may send a notification to the email address associated with your Account. Any changes to the Terms of Service will become effective no sooner than fourteen days after notice is provided unless otherwise required by law. If you do not agree to the modified Terms of Service, you may discontinue use of the Service. You can always review the most current version of the Terms of Service at: /terms/.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You agree to be bound by these Terms by using the Service. If you are creating an Account on behalf of an organization, you are agreeing to these Terms on behalf of that organization and promising that you are authorized to bind that organization to these Terms.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
- You are responsible for maintaining the security of your account and password. Magpi is not liable for any loss or damage resulting from your failure to do so.
- The Service enables Account holders to upload content (“Content”) to the Service. You are solely responsible for all Content posted and activity that occurs under your account, even if Content is posted by others who have logged in using your account information.
- One person or legal entity may not maintain more than one free Account.
- You may not use the Service for any illegal or unauthorized purpose, or if any applicable law prohibits you from using the Service. Your use of the Service must not violate any laws (including but not limited to applicable copyright laws and export control laws and regulations). This means that you, not Magpi, are responsible for ensuring that your use of the Service complies with all applicable laws, including any industry-specific regulations (e.g., HIPAA) and with these Terms.
Customers may access their Magpi account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Magpi, is covered under these Terms of Service, including the following specific terms:
- You expressly understand and agree that Magpi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Magpi has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- In the future, Magpi may modify or discontinue, temporarily or permanently, the API (or any part thereof). Magpi will make a reasonable attempt to provide notice via email prior to doing so.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- Upon upgrade from the free version to any paying plan, you will be billed immediately.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Magpi is not liable for such loss.
Cancellation and Termination
- If you would like to cancel your Account, you may do so at any time by accessing the Account link at the top of the screen and then clicking on the Cancel link on the account page. Magpi is not able to process requests for cancellation made via email or telephone.
- You may delete your Content at any time prior to cancellation or termination. Upon cancellation or termination, access to your Content will be disabled. Magpi will retain a copy of your Content for at least 90 days after deletion in our backup copies.
- If you cancel the Service before the end of your current paid up subscription period, your cancellation will take effect immediately and you will not be charged again.
- Magpi, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Magpi service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Magpi reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Magpi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Magpi may change the prices for the Service, including but not limited to monthly or annual subscription plan fees to the Service. If it does so, Magpi will provide 30 days’ notice.
- Magpi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law. You, not Magpi, are responsible for ensuring that you have the necessary rights or permission for your Content.
- You retain ownership of your Content. We claim no intellectual property rights over the material you provide to the Service. Your profile, data and other materials uploaded remain yours.
- Magpi does not pre-screen or monitor Content, but Magpi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright © 2014 Magpi. All rights reserved. You agree not to duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Magpi.
- Pursuant to Title 17, Section 512 of the U.S. Code, all claims of copyright infringement for any material believed to reside on the Service should be provided in writing to Magpi’s designated agent:
1505 Church Street N.W. Washington, DC 20005
info at magpi.com
Any notice of claimed infringement must include all, or substantially all, of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Magpi to locate the material;
- Information reasonably sufficient to permit Magpi to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You acknowledge that Magpi uses our third party service provider Freshdesk to help us provide, host and operate the “Support” area of the Service. You agree that if you choose to participate in, or post content to, the “Support” area of the Service (currently located at the domain support.magpi.com), such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply with Freshdesk’s Terms & Conditions, in addition to the terms of this Agreement.
- Technical support for users of the free version of the Service is only available via email or by the use of the “Support” area of the Service.
- You understand that Magpi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Magpi, or any other Magpi service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Magpi.
- Magpi may, but has no obligation to, remove Content and Accounts containing Content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You are solely responsible for your conduct, your Content, and your communications with others while using the Service. That means it is your responsibility to ensure you have the rights or permission needed to comply with these Terms.
- You are solely responsible for ensuring that hardware you choose to use with Magpi is suitable for that purpose.
- You understand that the Service permits you to share your Content with others or to make it public. You understand that Magpi is not responsible for how others may use Content that you have shared or made available.
- Magpi reserves the right to publicly disclose that you and/or your organization subscribe to the Service in press releases, on our website, and in any other public communications.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Magpi customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that this Service is provided from the United States and that data may be transferred to and stored in the United States. By accessing or using this Service, you consent to the processing and storage of your Content in the United States.
- You agree not to upload, post, host, or transmit unsolicited messages using the Service.
- You agree not to transmit any worms or viruses or any code of a destructive nature.
- Disclaimer of Warranties: Magpi does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- Limitation of Liability: You understand and agree that Magpi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Magpi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- If any portion of this agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from this agreement.
- The failure of Magpi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Questions about the Terms of Service should be sent to info at magpi.com
Revision date: 23 April, 2016