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Terms of Service

Intro

Automagica website, apps and other products and services (the “Services”) are provided by OAKWOOD TECHNOLOGIES BVBA, located in Lommel, Belgium. These terms, including the referenced documents, such as our Privacy Policy (the “Terms”) govern your use of Automagica Services. Some of the Services may include software that is downloaded to your computer, phone, or another device. By using the Services, you agree to the Terms (as updated from time to time) and that the only remedy for your dissatisfaction with the Services is to stop using them. If you have entered into another agreement with Automagica concerning certain Services, then the terms of that agreement controls, in case of conflict with the Terms. Some Services are also subject to the specific terms (the “Specific Terms”). Any content that we provide to you (such as Software, samples, trials, etc.) are licensed, not sold, to you, and may be subject to Specific Terms. New Specific Terms may be added from time to time. As discussed more below, you retain all rights and ownership you have in your content that you make available through the Services. Please read these Terms carefully, and contact us if you have any questions.

Account

As a Service user, you will constantly ensure that all the required arrangements to register and use the Services are in accordance with these Terms, Specific Terms for the Services you are using and applicable laws. Automagica provides the Service under a limited, non-exclusive, non-transferable, and revocable license to use the Services. When you create your account, or use any features, you need to provide Automagica with accurate and complete information. Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access and you will not share with any third-party access to or access information for your account. You need to notify Automagica immediately of any unauthorized use of your account and any other breach of security.

Acceptable Use

Automagica strives to have all Automagica users feel safe and comfortable while using the Services. Therefore, please follow the below guidelines as Automagica does not routinely screen or monitor content provided by users. Automagica may remove or edit inappropriate content or activity which was reported to Automagica or suspend, disable, or terminate a user's access to all or part of the Services. Please ensure that while using the Services you do not share content that:

Content

The Services enable you to share written or otherwise, create, link or upload content ("User Generated Content"). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you make available via the Services, regardless of the form of that content. You retain all responsibility in the User Generated Content. Automagica is not responsible for any public display or misuse of your User-Generated Content. When you provide User Generated Content, you grant Automagica a transferable, royalty-free, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, publicly perform, display, and otherwise use the User Generated Content. Automagica reserves the right to remove or modify User Generated Content for any reason, including if Automagica believes that the content violates these Terms (or other Specific Terms governing use of Automagica Services). Through the Services, you can use content provided by other users or third parties, including links to websites and services maintained by third parties. Automagica cannot guarantee that any other User Generated Content or third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Automagica disclaims any responsibility or liability related to your use of such User Generated Content or third-party content. Your submitted suggestions, ideas, comments, and other feedback regarding the Services ("Feedback") may be used without any restriction or compensation to you.

Fees

Certain Services may be subject to a fee. Automagica reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services or through their Specific Terms.

Refunds

Refunds may be available for paid Services in accordance with applicable Specific Terms. Except as described in here or as explicitly stated as part of the sign-up process for a Service or in a specific commercial arrangement, Automagica has no obligation to provide refunds or vouchers for any other Services.

Security

You are responsible for keeping your account secure while using the Service. You are responsible for maintaining the security of your account and password. Automagica cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Also, Automagica cannot guarantee that unauthorized third parties will not be able to circumvent Automagica or its suppliers’ security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing mail@oakwood.ai.

System Outages

Automagica or its suppliers periodically schedule system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Automagica and its suppliers have no responsibility for: (a) the unavailability of the Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, miss delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any internet service providers, any third party, or any internet facilities and networks.

Limited Warranty

The Services are provided “AS-IS.” Neither Automagica its affiliates, licensors or suppliers, nor their officers, directors, employees, shareholders, agents or representatives (Automagica Parties) makes any express or implied representations or warranties to you or any other person or entity with respect to the Services, whether oral or written, express, implied or statutory. Without limiting the foregoing, any implied warranty or condition or merchantability, the implied warranty or condition of fitness for a purpose, and those arising from a course of dealing or usage of trade are expressly excluded and disclaimed. No warranty is made that use of the Services will be error free or uninterrupted, that errors or defects in the Services will be corrected, or that the Services functionality will meet your requirements.

Limited Liability

In no event will Automagica Parties be liable to you or any other person or entity for any indirect, special, incidental, exemplary or consequential damages or loss of goodwill in any way relating to these Terms (including Specific Terms) or resulting from the use of or inability to use the Services of the performance or non-performance of any Services, including the failure of essential purpose, even if you have been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise. To the extent permissible under applicable law, Automagica Parties are not responsible for any loss or damage arising from your failure to comply with the Terms (including Specific Terms) or due to use of your account, either with or without your knowledge, including due to someone else using your password, prior to you notifying Automagica of unauthorized access to your account. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

Indemnification

You will indemnify, defend and hold harmless Automagica Parties against any loss, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims based on (a) your use or attempted use of the Services in violation of these Terms or Specific Terms; (b) your violation of any law or rights of any third party; or (c) User Generated Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination

You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees (if applicable). Automagica may without prior notice to you, immediately terminate, suspend your right to use and access the Services or delete your account, if you breach these Terms (or Specific Terms); if required to do so by law (for example, where the provision of the Services is, or becomes, unlawful); your failure to make timely payment for the Services (if applicable); Automagica elects to discontinue the Services, in whole or in part; or if there has been an extended period of inactivity in your free account.

Non-Assignment

You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

Choice of Law and Dispute Resolution

For any issue you might have, you agree to first try to resolve the dispute informally by contacting Automagica. If a dispute is not resolved within 120 days of submission, you or Automagica must first resolve any claims relating to these terms, through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify (if mediation was unsuccessful). Arbitration will be administrated in the Court of Belgium under its Rules of Arbitration, regardless of where you reside. There will be one arbitrator that you and Automagica both select. The arbitration will be conducted in the Dutch language, but any witness whose native language is not Dutch may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. In the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent) in any jurisdiction.

Statute of Limitations

To the extent permitted by applicable law, any cause of action arising out of or related to use of the Services or the Terms, must be filed within 1 year after such cause of action arose. Any such cause of action which is not filed within such period, is permanently barred.

Revisions

Automagica reserves the right to modify or terminate these Terms (or Specific Terms) at any time. Any revisions to the Terms (or Specific Terms) will be effective immediately upon posting by Automagica. For any material changes to the Terms (including Specific Terms), we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes acceptance of the revised Terms (including Specific Terms).Automagica reserves the right to modify or terminate these Terms (or Specific Terms) at any time. Any revisions to the Terms (or Specific Terms) will be effective immediately upon posting by Automagica. For any material changes to the Terms (including Specific Terms), we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes acceptance of the revised Terms (including Specific Terms).

Compliance

If you are a business, company, or organization, then Automagica may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint its personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect your records, systems, and facilities to verify that your installation and use of any Services is in conformity with the Terms (or any Specific Terms). Additionally, you will provide us with all records and information requested by us in order to verify that installation and use of any Services is in conformity with the rights received from Automagica, within 30 days of Automagica’s request. If the verification discloses a non-conformity in your use of the Services, you will immediately address the non-conformity or acquire any necessary licenses, subscriptions, and any applicable maintenance and support. If the underpaid fees (where applicable for paid Service) exceed 5% of the value of the payable Services fees, then you will also pay for our reasonable cost of conducting