Effective date: February 14, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Magma website and the application (both hereinafter referred to as the “Service”) operated by Code Charm, Inc (“us”, “we”, or “our”).
The Service will be provided either through the public https://magma.com website or via a private instance of the application hosted on a “magma.space” sub-domain (or a custom domain).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the 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 Code Charm cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Code Charm customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Code Charm with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Code Charm to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Code Charm 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.
Code Charm 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 Code Charm 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, Code Charm reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Code Charm, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Code Charm will provide you with reasonable prior notice of any change in Subscription fees either via email or by updating the Site.
Certain refund requests for Subscriptions may be considered by Code Charm on a case-by-case basis and granted in sole discretion of Code Charm.
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 to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you understand that the Service needs to process the Content. As such you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, but only in the scope required by the Service. 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. 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.
In a nutshell, the code behind Magma (“Service”) needs the rights to process your art content, for example “send your art from the server to the browser”, or “apply an undo action” etc.. You are the owner of it and the only way for other to access/use your content is if you share it usign one of many Magma collaboration features.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and 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.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
This Site and the Services are not intended for use by children under the age of 13. By using or accessing the Services, you agree that you are at least 18 years old, or if you are under 18 years old but are at least 13 years old (a “Minor”), that you have the full consent of your parent or guardian to use the Site and the Services and have read, understood, and agree to be bound by the Terms. If you are the parent or legal guardian of the Minor, you agree to bind the Minor to these Terms (including the indemnification clause below).
If you are under 13 years old, you may not utilize the Site or Services at any time, and must not submit any information to us or via the Site at any time.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Code Charm and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Code Charm.
When you upload, create or otherwise add content, you give to Code Charm a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Code Charm business.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Code Charm.
Code Charm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Code Charm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Code Charm and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Code Charm, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Code Charm its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Code Charm ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Code Charm or any person for whom Code Charm is responsible, and even if Code Charm has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
You grant Code Charm the right to include your business name, logo and testimonials in promotional materials for the Service. You can deny this right by sending an email to [email protected] after which Code Charm has 15 days to comply.
Private instances of Magma (“magma.space” or a custom domain) can be used in compliance with the Children’s Online Privacy Protection Act (COPPA). Magma contractually requires that schools using private instances of Magma meet the parental consent requirements under COPPA. Such services can be used in compliance with COPPA as long as a school has parental consent.
The relationship between us and a subscriber of the private Magma instance is that of between a hosting company and an online service operator.
As the online service operator of a private Magma instance you agree to follow appropriate privacy and children' protection laws.
Furthermore, the Service provides sufficient moderation and administration tools to fulfill the fole of a service operator.
If you have any questions about these Terms, please contact us.