1. Introduction

Welcome to MAGNETLY SAS., a French company with registered office at 63 ROUTE DE LAOUREAUX 31590 LAVALETTE. As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://magnetly.co operated by MAGNETLY SAS.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”).

You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at louis@magnetly.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email address].

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, default of payment, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MAGNETLY SAS cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting MAGNETLY SAS customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide MAGNETLY SAS with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize MAGNETLY SAS to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, MAGNETLY SAS will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If you are eligible for a discount, please note that you cannot use more than 1 (one) discount per subscription.

5. Free trial

MAGNETLY SAS may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by MAGNETLY SAS until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, MAGNETLY SAS reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee changes

MAGNETLY SAS, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

MAGNETLY SAS will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds

All monthly and annually purchases are non-refundable. You can cancel your subscription at any time yourself (by going to your control panel, opening the Billing tab and pressing Cancel Subscription). Your cancellation will take effect at the end of the current payment period.

8. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. MAGNETLY SAS has the right but not the obligation to monitor and edit all Content provided by users.

To opt out of MAGNETLY SAS using your Content for any reason, email louis@magnetly.co from the address linked to your Magnetly account. State clearly you do not consent to use of your Content. We will then not use it without your written consent. Without opt-out, we retain the license to use Content as promotional case studies.

Users of services provided by MAGNETLY SAS may also use our artificial intelligence technology or copywriting services to obtain new Content. If this is your case, you are responsible for using this Content and will be responsible for ensuring that this content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

In certain use cases, our artificial intelligence may create content that is deemed inappropriate or offensive. MAGNETLY SAS will not be held legally responsible if that happens.

When you upload or post content to our Applications, you confirm that you:

- have the legal right to do so;
- are not prevented to do so (for example, by any applicable law or confidentiality obligations);
- are not acting in violation of the intellectual property rights (including moral rights) of any person (which includes natural persons and body of persons - - corporate or unincorporate), or their right to privacy, when doing so;
- have the explicit consent to do so from the people featured in your videos (or similar) and agree to supply their explicit written consent which you obtained on our request; and
- have the explicit consent to do so when your video (or similar) features places that require permission to be sought in order to be featured.  
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You warrant that any such contribution by you (by uploading your content to our Applications) complies with these terms, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Applications constitutes a violation of their intellectual property rights, or of their right to privacy.

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9. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms.

You agree not to use the Service:

1. (a) In any way that violates any applicable national or international law or regulation.

2. (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

3. (c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

4. (d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

5. (e) In any way that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

6. (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

1. (a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.

2. (b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

3. (c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

4. (d) Use any device, software, or routine that interferes with the proper working of the Service.

5. (e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6. (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

7. (g) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

8. (h) Take any action that may damage or falsify the Company's rating.

9. (i) Otherwise attempt to interfere with the proper working of the Service.

10. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.

We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

11. No Use By Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company's services, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both accessing and using the Service.

12. Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You cannot share your account with other users.

You may not use as a username the name of another person or entity that is not lawfully available for use or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

13. Intellectual Property

The Service and its original content (excluding Content provided by users or by our Content generation features), features, and functionality are and will remain the exclusive property of MAGNETLY SAS and its licensors. The Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MAGNETLY SAS.