magicplan Payment Terms
When capitalized in this agreement,
- “Payment Terms” means this agreement.
- “Sensopia” means Technologies Sensopia INC., a Canadian corporation having its principal office at 465 Rue St Jean, Suite #1003, Montréal Québec H2Y 1V8, Canada.
- “Sensopia Service” means the features and services Sensopia makes available through its website at magicplan.app and any other Sensopia branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
- “Terms Of Service” means terms of service that governs Your use or access to the Sensopia Service.
- “You” and “Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under this Payment Terms. If You are entering into this Payment Terms on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well.
2. Making a Purchase
When You confirm a transaction, You agree to be bound by and pay for that transaction. All sales are final.
Your total price may include taxes and fees, which You are responsible for paying. If You order something that becomes unavailable before it can be provided to You, Your only remedy is to receive a refund of Your purchase price.
You may be presented with additional terms related to a specific purchase before You confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Even though Sensopia uses terms like “purchase”, “buy”, “sell”, and “order” to refer to transactions related to virtual goods, Sensopia does not transfer ownership interest in those items. Your license to use the Sensopia Service is for a limited period, not sold.
The Sensopia Service is currently available in a freemium model and offers free functionalities along with paid functionalities in an automatically renewed subscription form. We offer a variety of subscription levels and pricing options, which can be reviewed by You at www.magicplan.app/pricing or through the in-app pricing page. Subscription features and prices are subject to change. The subscription fees listed will be billed at the beginning of your subscription and subsequently at the renewal date, dependent on the subscription option selected at initial purchase.
The license period renews after the paid subscription period expires and each renewal date thereafter if You do not cancel the renewal as described in section 4. Accounts will be charged for renewal within 24-hours prior to the end of the current period and auto-renewal may be turned off by going to your Apple ID’s subscription settings or on your billing page on our website after purchase.
The license is effective until this Agreement is terminated by You or Sensopia by cancelling your subscription. You may cancel your subscription (whether purchased through the website or in-app) detailed under the following link: https://help.magicplan.app/how-do-i-cancel-my-subscription
Sensopia may only cancel your subscription without prior notification during the license period if You commit a material breach to these Terms (e.g. You fail to pay the license fee as determined by these Terms, You violate the rights to the Sensopia Service or third parties’ intellectual property rights) simultaneously informing you of the cancellation.
Sensopia will request you in case of non-material breach to comply with these Terms, and may cancel your subscription if you fail to follow instructions.
You may request a refund of the subscription fee if You cancel your subscription and terminate this Agreement within 14 days of the start of the first license period. In case of in-app purchases, please contact Apple and Google for support, as they handle all payment related issues for in-app purchases.
If Your subscription has been purchased as part of a special offer, hardware bundle, or other promotions, You will not have the right to terminate this Agreement within 14 days of the start of the first license period and You may not request a refund of the subscription fee.
If your subscription is canceled during the remainder of a paid license period, you will not have the right to request a refund.
5. Operation of the Website
You are allowed to make payments using a number of different payment sources, including credit cards. We reserve the right to refuse a credit card for any reason.
When You provide a payment source to Sensopia, You confirm that You are permitted usage of that payment source. You also authorize Sensopia to collect and store transaction information.
When You make a payment, You authorize Sensopia or its partners (and our designated payment processor) to charge the full amount to the payment source You designate for the transaction.
If You pay by credit card, Sensopia may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. Sensopia will bill Your card at the time of purchase or shortly thereafter. If You cancel a transaction before completion, that pre-approval may result in Your funds not otherwise being immediately available.
Sensopia may make any inquiries that it considers necessary, either directly or through third parties, concerning Your identity and creditworthiness.
If Sensopia believes a transaction violates these Payments Terms or the Terms Of Service, or may lead to financial loss, it may (a) cancel or delay the transaction; (b) limit payment sources; (c) limit Your ability to make a payment or (d) deactivate Your account.
Sensopia may contact Your payment source issuer, law enforcement, or impacted third parties and share details of any payments You are associated with if it believes doing so may prevent financial loss or a violation of law.
7. Disputes and Reversals
If You believe that an unauthorized or otherwise problematic transaction has taken place, You agree to notify Sensopia immediately so that Sensopia may take action to prevent financial loss.
To the fullest extent permitted by law, You waive all claims against Sensopia related to payments unless a claim is submitted to Sensopia within 30 days following the charge.
You are responsible for and agree to reimburse Sensopia for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Sensopia (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that Your transaction be completed at a later time.
8. Notices and Amendments
We may provide notices to You by sending them to an email address that you previously provided to us. Email notices shall be considered received by You within 24 hours of the time sent.
All notices to Sensopia, permitted or required under this Agreement should be made in writing and sent to: Technologies Sensopia Inc., 465 Rue St Jean, Suite #1003, Montréal, Québec, H2Y 1V8, Canada; with a copy emailed to firstname.lastname@example.org.
Notices to Sensopia shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at magicplan.app. All notices to Sensopia will be addressed to the attention of the Legal Department.
The Payment Terms in place at the time you confirm a transaction will govern that transaction.
Sensopia may change these Payment Terms, in whole or in part. All amendments to these Payment Terms will be made pursuant to Section 15 of the Terms Of Services.
All of the commitments You make in the Terms Of Service apply to payments through the Sensopia Service. In the event of any conflict between these Payments Terms and the Terms Of Services, the Payments Terms shall prevail.
To make payments for the Sensopia Service, you must be at least 18 years old.
Some countries may restrict or prohibit Your ability to make payments through the Sensopia Service. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only.
10. Disclaimer of Warranty
You, and not Sensopia, are entirely responsible for all Content that You upload, post, email, transmit, or otherwise make available via the Sensopia Service. Sensopia does not control the Content posted via the Sensopia Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sensopia Service, You may be exposed to Content that is offensive, indecent or objectionable.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SENSOPIA SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SENSOPIA SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSOPIA AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SENSOPIA SERVICE AND ITS FEATURES OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SENSOPIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, DAMAGE OR LOSS OF DATA, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SENSOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SENSOPIA SERVICE WILL BE SAFE, SECURE, UNINTERRUPTED OR ERROR FREE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SENSOPIA BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR THE RELIANCE UPON ANY CONTENT.
IN NO EVENT SHALL SENSOPIA OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF SENSOPIA OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SENSOPIA SERVICE OR THIS TERMS OF SERVICE EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
12. Indemnification by You
You shall indemnify, defend and hold harmless Sensopia, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses”) arising out of, or in connection with, (a) Your breach of any certification, covenant, obligation, representation or warranty in this Terms Of Service and (b) Your use of the Sensopia Service.
13. Effective Date and Termination
This Terms Of Service shall be effective as of You first Publish using the Sensopia Service.
Your rights under this Terms Of Service will terminate immediately and automatically, without any notice to You, if (a) You fail to comply with any of the terms and conditions of this Terms Of Service or otherwise create risk or possible legal exposure for Sensopia; (b) You delete the Content You have Published.
You agree that Sensopia, in its sole discretion, may terminate, with or without notice, Your account or Your use of the Sensopia Service, and remove and discard any Content within the Sensopia Service, for any reason, including, without limitation, (a) lack of use, (b) as a result of Your relationship with a partner of Sensopia, (c) if Sensopia believes that You have violated or acted inconsistently with the letter or spirit of the Terms Of Service, (d) requests by law enforcement or other government agencies, (e) a request by You (self-initiated account deletions), (f) discontinuance or material modification to the Sensopia Service (or any part thereof), (g) unexpected technical or security issues or problems, (h) in compliance with legal process; (i) if You have or we believe You have engaged in illegal activities, including without limitation, fraud, and/or (j) nonpayment of any fees owed by You in connection with the Sensopia Service.
Termination shall not entitle You to any refund. Sections 2,3,4,6,7,8,11,12,13 and 14 will survive expiration or termination of this Terms Of Service for any reason.
All notices to Sensopia, permitted or required under this Terms Of Service, shall in writing and sent to: Technologies Sensopia Inc., 465 Rue St Jean, Suite #1003, Montréal, Québec, H2Y 1V8, Canada; with a copy emailed to email@example.com.
Notices shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at magicplan.app. All notices to Sensopia will be addressed to the attention of the Legal Department.
This Terms Of Service constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Sensopia Service.
Sensopia reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms Of Service and to impose new or additional rules, policies, terms, or conditions on Your use of the Sensopia Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms Of Service as “Additional Terms“) will be effective immediately upon release on magicplan.app and incorporated into this Terms Of Service. Your continued use of the Sensopia Service will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Terms Of Service by this reference.
This Terms Of Service will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Quebec. Your use of the Sensopia Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sensopia or relating in any way to Your use of the Sensopia Service resides in the courts of the state of Quebec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Terms Of Service. No action, regardless of form, arising out of or relating to this Terms Of Service may be brought by You more than two (2) years after the cause of action has occurred.
You may not assign this Terms Of Service or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign this Terms Of Service in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.
Sensopia’s failure to enforce any right or provisions in this Terms Of Service will not constitute a waiver of such provision, or any other provision of this Terms Of Service.
If any provision of this Terms Of Service is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect. Sensopia will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The parties hereto confirm that it is their wish that this Terms Of Service, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties confirment leur volonte expresse de voir le present contrat et tous les documents s’y rattachant etre rediges en anglais.
Last updated: January 4, 2021