Terms of service
This website, www.generalmagic.com (the “site”), is owned and operated by General Magic B.V. and our affiliates (“General Magic”, “we” or “us”). By using the site, services provided on the site, our proprietary software made available to you via the site, or map content we make available to you through the services (collectively, “Services”), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the “Terms”). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
1. Signing up
- In order to use most Services, you must register for or authenticate into a General Magic account. When you use our application program interfaces (APIs), each request to an API must include one of your account’s unique API keys.
- Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.
- You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.
- If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” will mean the entity you represent.
- If you are a United States (U.S.) government user or otherwise accessing or using any General Magic service in a U.S. government capacity, these Terms are amended as set out in our U.S. Government Terms of Service.
2. Our services
- Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:
- use the Services to develop online services and online, desktop, or mobile applications;
- make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications; and
- make up to 100 static exports of images from Studio.
- If you are looking to use enterprise-only products and services or obtain additional volume-based discounts, contact us about an Enterprise plan.
- As used in these Terms, “you may not” shall mean “you may not, and may not permit any third party to”.
- Unless stated otherwise below:
- you may not cache, store, or export any map content from the Services
- you may not redistribute any map content from the Services, including from a cache, by proxying, or by using a screenshot or other static image, instead of directly accessing via our APIs. However, you may make and offer for sale to end users custom depictions of the map content, provided that for each print, an end user directs which map content is included on such depiction using an interface that uses General Magic APIs. The selection tool and sold items must both include attribution in accordance with our documentation
- you may not resell or re-syndicate map content from the Services to any third party (e.g., act as a reseller or service bureau), except to distribute the map content your end users as an integrated part of your application
- you will display our required branding and attribution, including all links, when you use the Services, as outlined in our documentation
- in the event that you use any General Magic software as described in our documentation(“General Magic Software“), you may not interfere with, modify or limit the data that the General Magic Software sends to us, whether by modifying the General Magic Software or by other means, except as otherwise permitted by these Terms
- We may choose to make available to you products and services that are in beta or otherwise not generally available (“Evaluation Products”). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes.
3. Mapping APIs
- The “Mapping APIs” means the Maps service APIs described in our documentation. You must access and use map tiles, static map images, style files, glyphs, and sprites that we provide to you (collectively “Map Assets”) only through our Mapping APIs.
- You may cache Map Assets on end-user devices (e.g., laptops, smartphones, or tablets) for offline use for up to 30 days, but each device must populate its cache using direct requests to the Mapping APIs and content from a cache may only be consumed by a single end user. On mobile devices, you may only cache up to the limits set in the applicable General Magic SDK (defined below), and you may not circumvent or change those limits.
- You may use Studio or third-party software to trace General Magic maps solely comprised of satellite imagery (“General Magic Satellite Imagery”) and produce derivative vector datasets (i) for non-commercial purposes and (ii) for OpenStreetMap. Except as permitted by this paragraph, you may not trace General Magic
4. Geocoding APIs
- You may use latitude and longitude information received from the Geocoding API, as defined in our documentationto position results on a map, but you may not display the latitudes or longitudes directly to end users. You may only query the Geocoding API in response to human user queries and human app interactions; you may not perform bulk or automated queries.
- You may not use results from the Geocoding API (a) to develop a general database of locations or addresses for any neighborhood, city, state, country, or other such geographic region, or to develop any other general purpose digital map database; (b) to develop or test another geocoding application or API; (c) in connection with navigation products preinstalled or integrated into automobiles by auto manufacturers, auto electronic component manufacturers or auto system integrators; or (d) for in-flight navigation.
- You may not use point of interest results from the Geocoding API (a) except in conjunction with a General Magic map; (b) for lead generation, advertiser targeting or advertising analysis; (c) to create or augment user profiles or audience segments based on or derived from points of interest results (including, for clarity, calculations or analysis of footfall traffic for any point of interest); or (d) for geofencing — i.e. to give end users real-time mobile alerts or personalized content based on the end user’s current proximity to a point of interest (giving users content in response to searches or map interactions does not constitute geofencing).
- You may only access and use a geocode obtained from using the Geocoding API in General Magic.places-permanent mode (“Permanent Geocode”) if expressly listed in your ordering document. You may store Permanent Geocodes and may query the Permanent Geocoding API programmatically. You may only use Permanent Geocodes for your own internal use, and not for resale, distribution, or sublicense.
- The terms of this Geocoding API section are intended for the direct benefit of our third party suppliers and may also be enforced directly by those suppliers.
5. General Magic on mobile
- For all mobile applications that use General Magic Services, you must:
- Limit use of your app to users at least 13 years of age or disable information sharing for users younger than 13.
- Obtain your users’ affirmative express consent before you access their location (the automatic notifications in iOS and Android suffice).
- Allow users to opt out of location data sharing using one of the methods described in our documentation.
- Comply with any additional local requirements related to information access or sharing.
- Not interfere with or limit the data that the General Magic SDK sends to us, whether by modifying the SDK or by other means, except as otherwise required by the Terms
6. AI Dashcam SDK
- “AI Dashcam SDK” means our proprietary software development kits that (1) records and processes video, (2) identify, classify and locate features in real-time imagery and provides advanced driving assistance features, and/or (3) have the additional capabilities included in our documentation.
- You may only use the AI Dashcam SDK in iOS and Android mobile applications. If you want to use AI Dashcam on other platforms, in embedded devices, or to obtain additional functionality, please contact us to get a
- You may not save, download or otherwise store or cache any content, data and/or information generated by AI Dashcam SDK, other than by using any such feature from the AI Dashcam SDK itself. You may not use the AI Dashcam SDK to develop a general database of locations or road features for any neighborhood, city, state, country, or other such geographic region, or to develop any other general purpose digital map database. You may not distribute the AI Dashcam SDK (i) in human readable form or (ii) on a standalone basis in any form. You may only distribute the AI Dashcam SDK in compiled object code format as part of an application (a) licensed under these Terms, (ii) that you own or control and (iii) that provides significant additional functionality to the AI Dashcam You are responsible for any use of the AI Dashcam SDK by users of your licensed application(s).
- By using the AI Dashcam SDK, you acknowledge that the AI Dashcam SDK will send front-facing camera imagery and derived information (the “AI Dashcam Data”). You will (i) not prevent or interfere with the AI Dashcam SDK sending the AI Dashcam Data to us and (ii) ensure that you have obtained the necessary rights for use of the Vision Data as permitted under this Agreement. You acknowledge and agree that we may, free-of-charge and without restriction, exploit and make available the AI Dashcam
- To the extent that you use the Android version of the AI Dashcam SDK, the following applies: Qualcomm Technologies, Inc. (“QTI”) is an intended third-party beneficiary of these Terms and your use of the AI Dashcam SDK does not convey or otherwise provide any rights under any patents of QTI or its affiliates.
- Upon termination of your limited license to use the AI Dashcam SDK, you agree to immediately destroy all copies of the AI Dashcam
- If you use the places search function provided in the Studio dataset editor to place point features on a map, you must (1) only use such features internally, (2) not resell, sublicense or share such points with any third party, and (3) only use such points in compliance with the Geocoding API terms set forth above.
8. Unlawful and other unauthorized uses
- You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and are not 50% or more owned by one or more individuals, organizations or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other country.
- You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party’s use of the Services.
- You may not use the Services to:
- Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- Aid or implementing practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;
- Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Create a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
- Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- Interfere with or attempt to gain unauthorized access to any computer network;
- Host with, transmit to or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to export control or economic sanction laws;
- Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
- Transmit viruses, trojan horses, or any other malicious code or program; or
- Engage in any other activity reasonably deemed by General Magic to be in conflict with the spirit or intent of these Terms.
- You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the Services, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).
9. End users and notification
- You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify General Magic in writing if you become aware of any misappropriation or unauthorized use of the Services.
- In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.
11. Charges and payment
- You agree to pay all fees owed for your use of the Services, as calculated by our records based on our publicly available pricing, currently located at www.generalmagic.com/pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on an recurring basis for any amounts that you owe us, some of which may require advance payments.
- You acknowledge and agree that failure to use the current version of General Magic Software may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.
- Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
- We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by General Magic. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
- Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.
- Notwithstanding the foregoing, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
- You retain ownership of all content that you contribute to the Services via General Magic Studio, excluding any content that you receive from General Magic (“Your Content”).
- Limited to the purpose of hosting Your Content so that we can provide the Services to you, you hereby grant General Magic a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to (and to engage service providers to) use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content. This right and license enables General Magic to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant General Magic these rights.
- On termination of your account, General Magic will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.
Our content and third party content
- Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of General Magic and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to General Magic or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
- You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.
- During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a General Magic customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, please let us know, and we will respect that.
14. Account cancellation or suspension
- You may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.
- If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, General Magic may cancel or suspend your account for any reason by providing you 30 days’ advance notice.
- Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.
15. Changes to services or terms
- We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
- You agree to indemnify and hold harmless General Magic and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of:
- Your use of the Services;
- Your violation of these Terms;
- Your end users’ use of the Services in or through an application or service you provide;
- Content you or your end users submit, post to, extracts from, or transmit through the Services.
- “As is,” “as available” and “with all faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENERAL MAGIC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENERAL MAGIC OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Website operation. GENERAL MAGIC DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Non-General Magic WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT (“NON-GENERAL MAGIC CONTENT”), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-GENERAL MAGIC CONTENT. UNDER NO CIRCUMSTANCES WILL GENERAL MAGIC BE LIABLE FOR OR IN CONNECTION WITH THE NON-GENERAL MAGIC CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-GENERAL MAGIC CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-GENERAL MAGIC CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-GENERAL MAGIC CONTENT.
- GENERAL MAGIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Driving directions. DRIVING CAN BE DANGEROUS, AND USE OF OUR APIS IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
- Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
- CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
18. Limitation of liability
- Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL GENERAL MAGIC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF GENERAL MAGIC OR A GENERAL MAGIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF GENERAL MAGIC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO GENERAL MAGIC IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.
- Claim period. YOU AND GENERAL MAGIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO GENERAL MAGIC MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. Digital Millennium Copyright Act compliance
- If you are a copyright owner or an agent thereof, and believe that any user submission or other General Magic content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- 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 on General Magic are covered by a single notification, a representative list of such works from General Magic;
- 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 General Magic to locate the material;
- Information reasonably sufficient to permit General Magic to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- 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.
- Please email your notification to the Legal Department at firstname.lastname@example.org
20. Additional terms
- You agree to keep the contact information associated with your General Magic account current and complete.
- You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.
- You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.
- Upon written notice to you, we may (or may appoint appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Services and General Magic Software to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities.
- You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of General Magic, which may be withheld for any reason or no reason at all. General Magic may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate. These Terms shall benefit General Magic and its successors and assignees.
- These Terms are governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for San Francisco County, California, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.
- A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of General Magic to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. General Magic reserves all rights not expressly granted to you.
- If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and General Magic as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and General Magic other than pursuant to these Terms.