Last Updated: August 15, 2025
Welcome to MagicApp!
MagicApp allows users to generate different content using AI technologies from third-party AI tools. Our goal is to provide a creative platform where users can explore and produce unique digital content effortlessly.
These Terms and Conditions (the "Terms") govern your use of the MagicApp mobile application including all related software, services, and documentation (the "App"), which is operated by Applyft Ltd, a company based in Parnithos 9 Flat/Office A, Germasogeia, 4040, Limassol, Cyprus ("Applyft", "Company", "we", or "us"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
Privacy Policy: Please review the MagicApp Privacy Policy for details on how we collect, use, and protect your personal data.
For the purposes of these Terms:
1.1 Agreement Between You and Applyft: This is a legal agreement between you (an individual user) and Applyft Ltd. By using the App, you represent that you have read and understood these Terms and agree to abide by them. If you are using the App on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
1.2 Eligibility: You must be at least 13 years old (or the minimum legal age in your country to consent to digital services, 16 in certain EU countries) to use MagicApp. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The App is not intended for children under 13, and we do not knowingly collect personal data from such children. By using the App, you represent and warrant that you meet the eligibility requirements and that all information you provide in creating an account is accurate and truthful.
1.3 Compliance with Laws: You agree to use the App in compliance with all applicable laws and regulations. You represent that you are not located in a country that is subject to a U.S. and/or EU government sanctions, that has been designated by the U.S. and/or EU government as a "terrorist-supporting" country, and you are not listed on any U.S. and/or EU government list of prohibited or restricted parties. You also represent that you are not prohibited from using the App under applicable laws (for example, due to age restrictions or local regulations).
2.1 Account Creation: To access certain features of MagicApp (such as creating or saving AI-generated content, or subscription features), you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
2.2 Account Security: You are responsible for all activity on your account. Keep your username and password secure and do not share them with others. If you believe that your account has been compromised or accessed without authorization, you must notify us immediately at our support contact (see Section 18 below). We are not liable for any loss or damage arising from unauthorized use of your account.
2.3 Account Restrictions: You must not impersonate anyone or use someone else’s account or personal information to access the App.
3.1 Limited License: Subject to your compliance with these Terms, Applyft grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use MagicApp on your personal mobile device(s) that you own or control, solely for your personal, non-commercial use. This license is provided for the sole purpose of enabling you to use and enjoy the App’s services as provided by us, in the manner permitted by these Terms.
3.2 App Updates: We reserve the right to update or modify the App periodically (for example, by adding or removing features, releasing bug fixes, etc.). You agree to download and install updates as required for the App to function correctly. We are not responsible if you fail to keep the App updated and encounter issues that an update would have resolved. While we endeavor to maintain the App’s compatibility with current iOS/Android versions, we do not guarantee that older versions of the App will always remain functional or that we will continue supporting all device types or operating system versions.
3.3 No Rights to Software or IP: The App is licensed, not sold, to you. Except for the limited license granted above, Applyft and its licensors retain all right, title, and interest in and to the App, including all software, code, systems, content, and intellectual property associated with it. You agree not to (a) copy, distribute, or modify the App (except as allowed by law); (b) reverse engineer, decompile, or attempt to extract the source code of the App or its components, except to the limited extent that applicable law permits despite this limitation; or (c) remove or obscure any copyright, trademark, or other proprietary notices on the App. All trademarks, logos, and service marks displayed in the App (including "MagicApp" and Applyft’s logos) are the property of Applyft or third parties. No rights or licenses are granted to use them except as expressly set forth in these Terms.
3.4 Maintenance and Support: Applyft is solely responsible for providing any maintenance or support services for the App. If you have any support questions, please contact us (see Section 18).
4.1 User Content: MagicApp may allow you to create, input, or upload content, such as textual prompts, images, graphics, profile information, or other materials ("User Content"). This includes content you generate using MagicApp’s AI art generation features. You retain any intellectual property rights you may have in the content you create and provide. We do not claim ownership of your User Content; however, by submitting or generating User Content through the App, you grant Applyft a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, distribute, modify (for technical purposes, e.g. resizing or formatting), display, and perform your User Content solely for the purpose of operating, improving, and promoting the App and our services. This license continues even if you stop using the App, unless you delete your content or account, in which case we will stop displaying your User Content within a reasonable timeframe.
Note: Our Privacy Policy explains how we handle personal data and content for regulatory compliance.
4.2 Prohibited Content: You must not use the App to create, upload, transmit, or store any content that: (a) is illegal, hateful, harassing, threatening, or defamatory; (b) is obscene, pornographic (including any content involving minors, which is strictly prohibited), or otherwise objectionable; (c) infringes or violates the intellectual property or other rights of any person (e.g., no content that infringes copyrights, trademarks, or privacy/publicity rights); (d) involves impersonation of any person or entity, or misrepresentation of your affiliation; (e) contains viruses, malware, or any code intended to disrupt or damage software or hardware; or (f) violates any applicable law or regulation. You also agree not to use the App’s AI generation features to create content that is violent, sexually explicit, or otherwise violates our content standards, and not to attempt to circumvent any content filters or restrictions we have put in place.
4.3 Prohibited Conduct: In using MagicApp, you agree to NOT: (i) engage in any activity that could interfere with, disrupt, or negatively affect the functioning of the App or other users’ use of the App (such as sending spam, attempting to overload the service, or conducting denial-of-service attacks); (ii) data-mine or scrape the App or its content (using bots, crawlers, or other automated means) not authorized by us; (iii) attempt to gain unauthorized access to other users’ accounts, our systems, or networks (including by password mining or hacking); (iv) collect or harvest personal information of other users except as permitted by our App features and with the user’s consent; or (v) use the App for any commercial purpose or advertisement, except as expressly allowed by us. Unauthorized commercial use, such as selling, reselling, licensing, or renting the App or access to it, is prohibited.
4.4 Content Monitoring and Enforcement: We do not assume any obligation to pre-screen or monitor User Content. However, Applyft reserves the right (but is not obligated) to review, monitor, and/or remove any User Content at our discretion – especially if we believe it violates these Terms, the law, or the rights of any third party. We also reserve the right to suspend or terminate accounts associated with such content. We may report any content that appears to involve child exploitation or other illegal activity to the appropriate authorities.
4.5 Reporting and Complaints: If you encounter content in the App that you believe violates these Terms or is illegal, you can report it by contacting us at the email provided in Section 18. We will review such reports promptly and remove or disable content that is unlawful or violates our policies, in accordance with applicable laws. If we remove your content or suspend your account, we will (where required by law) inform you of the removal and the reasons, and you will have the right to contest the decision.
4.6 User Responsibility: You are solely responsible for any content you create, upload, or share on MagicApp and for your interactions with others. You agree that any User Content you create or share (including AI-generated images or text) will not violate any law or rights of any person, and that you have the necessary rights (and consents, where applicable) to use and share that content. Applyft disclaims any liability for User Content; the views expressed in User Content are those of the individual users and not of Applyft. You agree to indemnify us for any claims resulting from your User Content.
4.7 AI-Generated Content Acknowledgement: MagicApp’s core feature allows users to generate images (and possibly other content) using artificial intelligence based on user-provided prompts. You understand and agree that AI-generated content is produced automatically based on patterns in training data, and as a result: (a) No Guarantee of Uniqueness or Accuracy: The generated content may not be unique and might unintentionally resemble existing works or include factual inaccuracies. Applyft does not guarantee that generated images or content are free from intellectual property issues or fit for any particular purpose. (b) Responsible Use: You are responsible for how you use any AI-generated output. If you choose to share or publish such output, ensure that doing so does not infringe any third-party rights or applicable laws. (c) License to Outputs: To the extent the outputs from MagicApp are protectable by intellectual property rights, Applyft makes no claim to own the exclusive rights in the content you generate. As between you and us, you own the rights to your original AI-generated images. However, by using the App, you grant us a license to retain and use those outputs as needed to operate and improve our services, consistent with our Privacy Policy and applicable laws. You may revoke our license to store or use your specific content by contacting us to request deletion, except to the extent we are obligated to retain it for legal reasons.
5.1 Our Intellectual Property: All content and materials provided by Applyft through the App (excluding User Content as defined above) – including but not limited to text, software, code, scripts, graphics, images (other than those you create), AI models, algorithms, trademarks, logos, and audiovisual content – are owned by or licensed to Applyft and are protected by copyright, trademark, trade secret, and other intellectual property laws. Applyft retains all rights, title, and interest in and to its intellectual property. You agree not to use Applyft’s content or marks in any way not expressly permitted by these Terms. This means, for example, you may not use the name "MagicApp" or "Applyft" or our logos without our prior written consent, except as necessary to identify the App for legitimate use.
5.2 Feedback: If you submit feedback, suggestions, or ideas to us regarding MagicApp (“Feedback”), you acknowledge that such Feedback is given voluntarily. We are free to use, disclose, and otherwise exploit the Feedback as we see fit, without any obligation or compensation to you, and you waive any claim to proprietary rights in any improvements or modifications made based on your Feedback.
5.3 Third-Party IP: MagicApp may use or include third-party software, libraries, or content that are subject to open source or third-party license terms. Where those licenses require us to provide notice or attribution, we will do so within the App or in an “About” section. Your use of third-party software or content within the App may be subject to additional terms of the third-party provider, which will govern in the event of a conflict with these Terms for that portion of the software/content.
6.1 In-App Purchases: MagicApp may offer certain premium features, content, or services for a fee, such as subscription plans or one-time purchases (collectively, "In-App Purchases"). In-App Purchases are processed through the Apple App Store or Google Play Store (each a "Platform") associated with your device. This means any purchase of a subscription or digital goods within the iOS version of MagicApp is billed by Apple, and any purchase within the Android version is billed by Google. Applyft does not receive or store your payment information (such as credit card numbers); all transactions are handled by the Platform, and you must abide by the Platform’s payment terms and conditions when making.
6.2 Subscriptions: Some features of MagicApp are offered on a subscription basis (e.g., weekly, monthly, or annual subscriptions). Subscriptions will automatically renew at the end of each subscription period (e.g., at the end of each week, month, or year) unless you cancel the subscription at least 24 hours before the end of the current period. The renewal will be for the same duration and at the then-current subscription price, unless we notify you of a change in advance. Your Platform account (Apple ID or Google account) will be charged for renewal within 24 hours prior to the subscription’s end date.
6.3 Managing Cancellations: You can manage or cancel your MagicApp subscription at any time through the settings of your Apple App Store or Google Play Store account. If you cancel a subscription, cancellation will take effect at the end of the current billing period. You will continue to have access to premium features until the current paid period ends, and no further charges will be made. However, no pro-rated refunds are provided for the remaining period of a subscription that was cancelled mid-term (except as required by law or Platform policies). If you cancel during a free trial period, you may lose access to the premium features immediately upon cancellation, and you will not be charged thereafter.
6.4 Free Trials: MagicApp may offer free trials or discounted introductory subscription periods. These offers are available to new subscribers or other eligible users only, as stated in the offer terms. If you do not cancel a free trial at least 24 hours before the trial period ends, you will be rolled into a paid subscription and your Platform payment method will be charged the applicable fee. If you cancel before the trial ends, you will not be charged.
6.5 Prices and Taxes: Prices for In-App Purchases are set by us and displayed via the Platform. We may change the price of subscriptions or other purchases from time to time. If the price of your subscription is due to increase, we will notify you in advance and give you an opportunity to cancel before the new price takes effect. If you do not cancel, the new price may be charged to your account upon renewal. All prices include VAT or other sales taxes where required by law, or such taxes will be added at checkout as applicable (depending on the Platform’s processes and your region). You are responsible for any internet or mobile fees incurred while using MagicApp (for example, data charges from your carrier); we do not assume responsibility for such charges
6.6 No Refunds Policy (Subject to Law): All purchases are final and non-refundable, except where required by law or explicitly permitted by these Terms or the Platform’s policies. Because MagicApp provides digital content or services for immediate use, once you have accessed or downloaded the content, you no longer have a right to cancel that purchase for a refund under ordinary circumstances. We reserve the right to consider refund requests on a case-by-case basis in exceptional circumstances; however, we are generally unable to grant refunds for unused portions of a subscription or if you change your mind after purchasing an In-App item. If you experience any functional issues with a purchase (e.g., a feature not working as intended), please contact our support team (Section 18) and we will work with you and the Platform to resolve the issue or provide a remedy as required by law.
6.7 Chargebacks and Payment Disputes: You agree to resolve any payment-related issues by contacting us first. If you initiate a chargeback or dispute a payment with your bank or card issuer without first seeking a refund or resolution through official channels, and we believe the chargeback is unfounded, we reserve the right to suspend or terminate your account pending resolution of the dispute. We also reserve the right to pursue the owed amount (and any fees incurred by us due to the chargeback) to the fullest extent permitted by law. We will, however, make reasonable efforts to work with you in good faith to resolve the matter amicably.
6.8 Platform Responsibility: Please note that for any issues related to billing through the Apple App Store or Google Play Store, the primary avenue for resolution may be through Apple or Google support, due to the way purchases are processed. Applyft does not have direct control over billing transactions or access to your payment instruments. Nevertheless, you can also contact us for assistance, and we will do our best to help liaise or advise on the process.
7.1 14-Day Withdrawal Right: If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, you generally have a legal right to withdraw from an online contract for digital content or services within 14 days from the date of purchase (the “cooling-off period”), without giving any reason. However, EU/EEA/UK law permits digital content providers to obtain a consumer’s consent to waive this right in order to supply the content immediately. MagicApp provides digital content (AI generation services, etc.) that is made available to you instantly upon purchase.
7.2 Waiver of Withdrawal Right for Immediate Supply: By purchasing any digital content or subscription through MagicApp, you expressly request and consent that we begin providing the service or content immediately (e.g., by unlocking premium features or credits) and you acknowledge that this means you lose your right to withdraw from the purchase after the content is made available to you. If you do not consent to waive the 14-day withdrawal right, do not proceed with the purchase.
7.3 Statutory Rights Unaffected: This Section 7 is not intended to limit any other statutory rights to refunds or remedies you may have under applicable consumer laws.
8.1 Lawful Purposes Only: You may only use MagicApp for lawful purposes and in accordance with these Terms. Any use of the App in violation of law or these Terms is strictly prohibited.
8.2 Examples of Prohibited Use: In addition to the restrictions stated elsewhere in these Terms, you agree NOT to use the App to:
8.3 Consequences of Violation: Violation of this Acceptable Use Policy (or any part of these Terms) may result in immediate suspension or termination of your account and access to the App, as well as removal of prohibited content, without refund. Serious violations may also result in legal action, including referral to law enforcement where appropriate. We have sole discretion in determining whether conduct or content is prohibited under this section, but we will act fairly and reasonably in making such determinations. If your account is suspended or terminated for breach of these rules, we will, where legally required, provide you notice of our actions and (if applicable) an opportunity to appeal or contest the decision.
9.1 Third-Party Services Integrated with App: MagicApp may integrate or allow you to interface with third-party services or content that are not owned or controlled by Applyft. For example, the App might contain links to third-party websites, or use third-party AI models or APIs. These are provided for your convenience. Applyft does not endorse, monitor, or have any control over any third-party services or websites that may be integrated or linked through MagicApp.
9.2 Third-Party Terms: If you access or use a third-party service, you are responsible for complying with the terms and conditions of that third party. These third-party terms are separate from our Terms, and we are not a party to them.
9.3 No Liability for Third Parties: Applyft is not responsible or liable for any third-party content, services, or sites accessed via MagicApp. This includes any third-party information or materials you encounter, and any transactions you conduct with third parties. Your use of any third-party site or service is at your own risk, and you acknowledge that such third-party sites have their own privacy policies and terms which we encourage you to review. We make no warranties or representations about third-party content or services, and we will not be liable for any loss or damage incurred by you as a result of your dealings with third parties.
9.4 Third-Party Software Notice: Portions of the App may include open source software or components provided by third parties. All such third-party software is provided “AS IS” without warranty of any kind, and is subject to the license terms provided by the author/licensor of the software.
10. Copyright Infringement Notices: Applyft respects intellectual property rights and expects users to do the same. If you believe that any content available on MagicApp infringes your copyright, you may send us a written notice. Upon receiving a valid notice, we will follow the processes required by law.
10.2 Trademark Concerns: If you believe any content or user on MagicApp is infringing your trademark or impersonating your brand in a way that is likely to cause confusion, please contact us at the support email in Section 18 with details. Include specific information about the trademark (registration number, jurisdiction) and the concerning content. We will review and take appropriate action.
11.1 Your Right to Terminate: You may stop using MagicApp at any time. If you wish to delete your account, you can do so (if the App offers a self-service deletion option in settings) or by contacting us at our support email with a request to delete your account. Upon account deletion or termination by you, these Terms will no longer apply, except for any provisions that survive.
11.2 Our Right to Suspend or Terminate: We may suspend or terminate your access to the App (in whole or in part) or your account at any time, with or without notice, if: (a) you materially or repeatedly breach these Terms or violate the law; (b) we are required to do so to comply with a legal requirement or a court order; (c) we reasonably suspect fraud, abuse, or misuse of the App by you; or (d) we are discontinuing the App or a particular service feature. In most cases, unless legally prohibited or if we reasonably believe it would cause harm, we will notify you (for example, via the email associated with your account) of the suspension or termination and, if applicable, let you know the reasons and any options you may have to request reinstatement.
11.3 Effect of Termination: If your account or this contract is terminated for any reason: (a) Your License Ends: All rights granted to you under these Terms will immediately cease. You must stop using the App, and you must delete or remove the App from your devices. (b) User Content: We may permanently delete or disable access to any information or content associated with your account, in accordance with our data retention practices and Privacy Policy (except where we are required to retain it by law). We are not liable for any termination-related deletion of your content.
11.4 Service Discontinuation: We reserve the right to discontinue or shut down MagicApp (in whole or in part) at any time, at our discretion. If we discontinue the App entirely, we will make reasonable efforts to provide you with advance notice. If such discontinuation occurs and you have an active paid subscription, we may issue a partial refund for any period of your subscription that was unused at the time of shutdown, unless we provide alternative compensation or features to make up for the unused period. Upon any permanent discontinuation of the service, these Terms will terminate, except for provisions that by their nature should survive.
12.1 Updates to these Terms: Applyft may revise or update these Terms from time to time. We will notify you of material changes to the Terms as required by law. Notification may be given by posting the updated Terms within the App (or on our website) and updating the "Last Updated" date, or by any other reasonable form of communication. Because our Terms may change in light of new laws or new features, we encourage you to review these Terms periodically. If you continue to use MagicApp after updated Terms take effect, you will be deemed to have accepted the changes. If you do not agree to the revised Terms, you should stop using the App and, if applicable, cancel any subscriptions.
12.2 App and Service Changes: MagicApp is constantly evolving. We may from time to time add, remove, or alter functionalities or features of the App, or we may suspend or stop certain services altogether. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App or any service.
13.1 Service “AS IS”: MagicApp and all content, products, and services provided through it are provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the App is at your own risk. To the fullest extent permitted by applicable law, Applyft disclaims all warranties and representations, express or implied, regarding the App and its operation, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
13.2 No Guarantee of Accuracy or Outcomes: Applyft does not warrant that the information or results obtained through the App will be accurate, reliable, or complete. This includes, in particular, any output of the AI generation feature – we make no promises that the AI-generated content will meet your expectations or purposes, or that it will be suitable for any specific use. You acknowledge that AI outputs may contain errors or unexpected results, and you should use them with discretion.
13.3 Operational Uptime and Errors: We do not guarantee that the App will be available at all times, uninterrupted, or secure, or that the App will be free of errors, viruses, or other harmful components. We are not responsible for any downtime or connectivity issues that are outside our control (for example, issues attributable to your internet service, device, or the platforms we rely on). While we strive to correct bugs and vulnerabilities, the App’s operation may be subject to technical limitations and we do not warrant that it will operate without interruption or be error-free. Any reliance on the App is at your own discretion and risk.
13.4 No Warranties on Content: Any content, information, or material downloaded or otherwise obtained through the use of MagicApp (including AI-generated content) is done at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from the download or use of any such material. Applyft does not warrant or guarantee the quality, suitability, truthfulness, accuracy, or legality of any User Content or third-party content you may encounter via the App.
13.5 Beta Features: From time to time, we may release features or functionality in a beta or test version. Those are provided “as is” without any warranties whatsoever, and we especially do not guarantee that beta features will ever be made generally available or that they will function correctly. We welcome feedback on beta features but bear no liability for any issues they may cause.
14.1 Indirect Damages: To the fullest extent permitted by law, Applyft and its officers, directors, employees, agents, affiliates, and partners will not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of profits or revenues, loss of savings, loss of data, or loss of goodwill, arising out of or in connection with your access or use of (or inability to access or use) MagicApp or any content therein. This limitation applies whether the claims are based in contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.
14.2 Direct Damages Cap: In no event shall Applyft’s total cumulative liability for all claims arising out of or relating to these Terms or the use of MagicApp exceed the greater of: (a) the total amount (if any) you paid to us for use of the App or in-app purchases in the 12 months prior to the event giving rise to liability; or (b) EUR 100 (one hundred Euros). If applicable law does not allow the limitation of liability as stated above, or for certain damages, this limitation will apply to the maximum extent permitted by law.
14.3 Exceptions: Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
15.1 Your Indemnity: You agree to defend (at our request), indemnify, and hold harmless Applyft Ltd, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, and agents (the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of MagicApp, including any content you create, submit, post, or generate through the App; (b) your breach or alleged breach of these Terms or of any representations or warranties contained herein; (c) any allegation that any User Content or other material you provided or your use of the App infringes or violates the intellectual property rights, privacy rights, or other rights of any third party; or (d) your violation of any law or regulation in connection with your use of the App.
15.2 Procedure: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations). If we do assume the defense of such a matter, you will cooperate with us in such defense and will have the right to participate (at your own expense) in the defense of any claim. You agree not to settle any such matter without the prior written consent of Applyft.
15.3 Continued Obligation: Your indemnification obligation will survive any termination of your account or MagicApp, or of these Terms. Applyft will use reasonable efforts to promptly notify you of any such claim, but any failure to notify you will not relieve you of your obligations under this Section except to the extent that you are materially prejudiced by that failure.
16.1 Governing Law: These Terms and any disputes arising out of or relating to these Terms or your use of MagicApp shall be governed by the laws of the Republic of Cyprus, without regard to its conflict of law principles.
16.2 Dispute Resolution and Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of MagicApp shall be resolved by final and binding arbitration, rather than in court, except for matters that may be brought in small claims court or where a party seeks injunctive or equitable relief for infringement of intellectual property rights. The arbitration will be conducted in Cyprus (unless you and we agree otherwise) before a single arbitrator, in the English language, under the rules of the Cyprus Arbitration and Mediation Centre (or, if unavailable, a similar reputable arbitration body). Arbitrator’s decision is final and can be enforced by any court of competent jurisdiction.
Exceptions: Notwithstanding the foregoing, either party may bring suit in court to address an intellectual property infringement claim or to seek injunctive relief. Also, any claims that are not arbitrable by law (such as certain statutory claims that are required to be resolved by a public authority) are not subject to this arbitration provision.
16.3 Jurisdiction and Venue: Subject to the above arbitration clause, you and Applyft agree that any judicial proceeding to resolve claims relating to these Terms or MagicApp will be brought in the courts of the Republic of Cyprus, specifically the competent courts located in Nicosia, Cyprus, unless otherwise required by a law that guarantees you the right to bring legal action in your country of residence. Both you and Applyft consent to venue and personal jurisdiction in Cyprus and waive any objections based on inconvenient forum.
16.4 No Waiver: No failure or delay by Applyft in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. Similarly, no single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of that or any other right, power, or privilege under these Terms. If we do not enforce a breach of these Terms by you, it is not a waiver of our right to enforce any other breach or the same breach in the future.
16.5 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16.6 Survival: The provisions of these Terms that by their nature should survive termination (either of the Terms or of your account) shall survive, including but not limited to: Sections concerning indemnification, disclaimers of warranties, limitation of liability, dispute resolution, governing law, license limitations, and any other provision that logically is intended to continue in effect after termination of the contract between you and us.
16.7 Assignment: Applyft may assign or transfer these Terms, in whole or in part, to any person or entity at any time without your consent, including, for example, to an affiliate or as part of a merger or acquisition, or sale of assets, or by operation of law. You may not assign or transfer any rights or obligations under these Terms without our prior written consent; any unauthorized assignment by you is null and void. Subject to the foregoing, these Terms will bind and benefit the respective permitted successors and assigns of the parties.
16.8 Entire Agreement: These Terms (along with any additional guidelines, rules, or terms expressly incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and Applyft regarding MagicApp, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. No oral or written information or advice given by us or our authorized representatives shall create any new warranties or obligations or modify these Terms, unless expressly included in an official update to these Terms.
16.9 Force Majeure: Applyft will not be liable for any failure or delay in performance of its obligations (excluding payment obligations, if any) under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, pandemic, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.10 Language: These Terms are written in English. If these Terms are translated into another language and there is a discrepancy between the English text and the translated text, the English version shall prevail to the extent not prohibited by local law in your jurisdiction.
16.11 Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
Additional terms may apply to you depending on the platform you use to access MagicApp. These terms are required by the platform providers, please check the relevant platforms policies for further information.
18.1 Customer Support: If you have any questions, concerns, or feedback about these Terms or the App, or if you need assistance, you can contact our customer support. We strive to provide prompt and helpful support to our users.
18.2 Notices: We may send you notices, including those regarding changes to these Terms, by email (to the address associated with your account), ordinary mail, or postings within the App or website. Notices emailed to you will be deemed given and received when the email is sent. If you have questions about these Terms or need to notify us for any reason please email us at support@magicapp.com.