Last Updated: June 18, 2025

Welcome to MagicSpell.com ("Website"), operated by MagicSpell Inc. ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Website, including any content, functionality, or services offered on or through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

1. Eligibility

You must be at least 13 years old to use the Website. If you are under 18, you must have the consent of a parent or legal guardian to use the Website. By using the Website, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.

2. User Accounts

Some features of the Website may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at magicspell.com's contact page if you suspect unauthorized use of your account. We reserve the right to suspend or terminate your account at our discretion.

3. Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:

• Use the Website in any way that violates applicable federal, state, local, or international laws or regulations.
• Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, including transmitting viruses, malware, or any other harmful code.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, or systems connected to the Website.
• Post, upload, or transmit content that is defamatory, obscene, hateful, threatening, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We may remove or disable access to any content you post that violates these Terms and take further action, including legal action, as necessary.

4. Intellectual Property

All content on the Website, including text, graphics, logos, images, software, and other materials ("Content"), is owned by or licensed to MagicSpell Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works of the Content without our prior written consent, except as expressly permitted by these Terms.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display any content you submit to the Website ("User Content") for the purpose of operating, promoting, and improving the Website. You represent and warrant that you have all rights necessary to grant this license.

5. Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access these at your own risk.

6. Termination

We may suspend or terminate your access to the Website at any time, with or without cause, and with or without notice, including for violations of these Terms. Upon termination, your right to use the Website will cease immediately. Provisions of these Terms that by their nature should survive termination (e.g., intellectual property, limitation of liability, indemnification) will remain in effect.

7. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE WEBSITE AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICPELL INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless MagicSpell Inc., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your User Content, or your violation of these Terms or applicable law.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the witch's residency, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Website will be resolved exclusively through binding arbitration in accordance with the rules of law. You waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or other rights.

11. Changes to These Terms

We may update these Terms at any time by posting the revised version on the Website with an updated "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

12. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us regarding your use of the Website.

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

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment: We may assign these Terms or any rights hereunder without notice. You may not assign these Terms without our prior written consent.

13. Contact Us

If you have any questions about these Terms, please contact us