Terms of Service

Terms of Service

Welcome to Magical, a collaborative online calendar web application for teams that allows you to optimize your time in an easy and effective way (The “Service”).

The Service is owned and operated by Supertools Inc. (“we”, “us”).

In short…

The following key points of the Terms of Service are only brought for your convenience. They do not substitute the full Terms.

  • Registration. The Service is available only to registered users. You must register to the Service with your Google account.
  • Use of The Service. You may use the Service for your personal or business purposes, and only in accordance with these Terms.
  • Privacy. We respect your privacy. For more information about our privacy practices, please read our Privacy Notice.
  • Intellectual Property. All legal rights in the Service, including all intellectual property rights, are owned by us and our licensors.
  • Disclaimers. The Service is provided for use ‘as is’. We disclaim all warranties and representations with respect to the Service.
  • Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
  • Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms.
  • Governing Law. These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions. The Tel Aviv District Court shall have sole and exclusive jurisdiction over any claim in connection with the Service or in respect of any matter relating to these Terms.

… and in detail

Please carefully read the following terms of Service (the "Terms"). The Terms constitute a binding agreement between you and us. By accessing the Service or by using it in any other manner, you agree to these Terms. If you do not agree to these Terms, you may not access the Service or use it in any manner.

Currently, we operate the service for testing and evaluation purposes only. We have full discretion to determine the length of time for testing and evaluation of such Alpha period. We retain the right to modify or terminate the Alpha period (or any part thereof) at any time, temporarily or permanently, with or without notice. In the alpha period, the Service is provided on a trial-basis, free of charge. Beyond this period, the Service may be offered subject to payment of applicable fees. We will notify you in advance before the end of the trial-basis offer and seek your consent to the payment of the fees. If you do not consent, we may terminate your registration to the Service.

REGISTRATION

The Service is provided only to registered users. You must register to the Service with your Google account. When you register to the Service with your Google account, you allow us access to your account information as described in our Privacy Notice.

We are not obliged to confirm your registration and may, in our absolute discretion decline such registration.

You are solely responsible for any activity in your account and must maintain the confidentiality of your account login details. You are solely responsible for any losses due to unauthorized use of your account.

ABOUT THE SERVICE

The Service provides an online all-in-one calendar, where you can manage your meetings, actions and knowledge through smart automation, frictionless scheduling and integration with other tools.

In order to use the Service, you will have to provide us access to your Google calendar. Your use of Google calendar is subject to Google’s terms of use and we do not assume any responsibility or liability for such use.

USE OF THE SERVICE AND RESTRICTIONS

Subject to these Terms, you may use the Service, exclusively for your private or business purposes.

While using the Service, you must refrain from:

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
  • Interfering with, burdening or disrupting the functionality of the Service;
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the service;
  • Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service, independently from the manner on which they originally appear or are made available through the Service;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.

We have no obligation to monitor your use of the Service, but we may do so to ensure your compliance with these Terms or with any applicable law.

PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains the privacy practices on the Website.

INTEGRATION WITH THIRD PARTY APPLICATIONS

The Service allows you to integrate with third-party applications such as Zoom. We assume no responsibility or liability for such third-party applications.

INTELLECTUAL PROPERTY

Except for any data that you may upload, share or synchronize through the Service, we and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Other than as expressly permitted in the Terms, you may not copy, reverse engineer, modify or create derivative works of the Service, any part thereof or any of the content on or of the Service in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks and logos. You must refrain from any action or omission which may dilute or damage our goodwill.

CHANGES AND AVAILABILITY

Changes in the Service. From time to time, we may change the Service's structure, layout, design, scope, features, display, or the access thereto, without prior notice.

Availability. The availability, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

Changing these Terms. We may revise these Terms, in whole, or in part, at any time. In such case, we will notify you in advance of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will always be accessible through the Service. In any event, if you do not consent to the amended Terms, you must discontinue your use of the Service.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATION THROUGH THE SERVICE, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.

INDEMNIFICATION

You will indemnify and hold us harmless, to the maximum extent permitted by law, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us in connection with your use of the Service, your breach of these Terms or infringement of any third party’s rights.

TERMINATION

Terminating Your Registration. You may, at any time, request to terminate your registration by contacting us at hello@magical.team Upon termination of your registration, you will not be able to use the Service.

Terminating the Operation of the Service. We may, at any time, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.

MINORS

You may only use the Service if you are an individual over the age of 18. By using, accessing or registering to the Service, you declare that you are at least 18 years of age.

GOVERNING LAW & JURISDICTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. The Tel Aviv District Court shall have sole and exclusive jurisdiction over any claim in connection with the Service or in respect of any matter relating to these Terms.

GENERAL

Entire Agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless: (a) consented to explicitly and executed in writing by our authorized representative; or (b) we amend the Terms in accordance with the ‘Changes to the Terms’ section above. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

Assignment. You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void.

We may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, whereby virtue of such assignment, the assignee assumes in our stead, all right, duties, liabilities and obligations hereunder.

Interpretation. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

Should you have any inquiries, complaints, or suggestions, you may contact us at: hello@magical.team We will do our best to resolve your issue in a timely manner.

Effective date: May 25, 2021.