Terms of Service

These Terms of Service (hereinafter referred to as the “Contract”) is an official offer (public offer) of Magikfake (hereinafter referred to as the “Provider”) to any individual or any legal entity (hereinafter referred to as the "Customer") who accepts this offer on the terms and conditions below.

Terms and Definitions

In this Contract, the following terms and definitions are used in the following meaning:

“Acceptance” - a full and unconditional acceptance by the Customer of the terms of this Contract, made by registering up on Website or Mobile Applications.
“Site”, “Service” – an Internet site under the magikfake.com domain name or Web Application which allows the Customer the technical ability to use the Services under this Contract.
"Web Application” - web application “Magifake”
“Tariff” - a set of price terms according to which the Provider offers to use one or more services available on the Site.
“API service” is a set of ready-made technical solutions by the Provider to be used in the Customer's external software products.
“Contact e-mail address” - a set of characters that identifies the Customer and the Provider and is used to receive and send e-mail.

Subject Agreement

The subject of this Contract is the supply to the Customer of synthetic data generation services by exploiting artificial intelligence (hereinafter - the Services). The Services are provided to legal entities, sole traders, individuals who have accepted the terms and conditions of this contract. The Customer undertakes to pay the Services in the amount and on the conditions provided for by this Contract.
The information on the cost and duration of the Services as well as the registration form are posted on the Site.
The moment of full and unconditional acceptance by the Customer of the Provider's proposal to enter into the offer contract (acceptance of the offer) is the fact of registration on the magikfake.com website.
The Customer has the right to use the services in any country, if this does not contradict the legislation of the country. If the customer plans to use this Service in a territory where the use of the Services is not provided for by law or is prohibited, the Customer does not have the right to enter into this Contract and to use the Service.
By accepting the terms and conditions of this Contract, the Customer confirms that the use of the Services on the territory where the Customer resides is permitted by law.

General Terms and Conditions for Providing the Services

Services are provided in accordance with the terms and conditions set out in this Contract and annexes thereto, as well as in accordance with the terms and conditions posted on the magikfake.com website.
When performing obligations under this contract, it is allowed to provide services using the API service located at magikfake.com website API category
The Provider provides the Services to the Customer only subject to the following conditions:
1. The Customer has registered on the Site in the proper manner;
2. The Customer acknowledges that the Tariff is per month and pegged to the specific website or/and service;
3. The Customer acknowledges that Magikfake will not be responsible for any damage or loss caused by improper usage of the fake data;
4. The Provider has confirmed the possibility of providing the service by sending a message to the e-mail indicated at registration;
5. The Provider has the right to refuse to register the Customer on the site without explanation;
6. The Services are provided to the Customer in the scope corresponding to the Tariff and the type of service selected by the Customer.

Payment Procedure and Сost of Services

The Customer pays the Provider’s services 100% at the end of the subscription period via electronic payments (EUR).
The cost of services under the Contract is determined in accordance with this Contract, annexes thereto, Tariffs and information posted on the site. The cost can be changed and depends on:
1. Scope of services ordered;
2. The Customer's individual discounts;
3. Tariff;
4. Other terms and conditions, if this is expressly indicated on the Site or in the text of this Contract and annexes thereto.

Rights and Obligations of The Parties

The Customer shall:

Not use the Services provided by the Provider for unlawful purposes, and neither shall perform actions harmful to the Provider and (or) third parties.
Duly pay for the Provider's services in accordance with the terms and conditions of this Contract.
Reimburse the Provider for losses caused by payments recovered from the Provider by third parties, including administrative fines from control and supervisory authorities incurred by the Provider because of the Customer's violations of the provisions of this Contract provided that the Customer is presented with documents confirming the Provider's damages.

The Customer is entitled to:

Request from the Provider information on the range of Services, Tariffs, crediting of payments and other data as part of the Services under this Contract.

The Provider shall:

Ensure the smooth running of the Service during the term of this Contract.
Provide the Services to the Customer in accordance with the Contract.
Provide the Customer with information on the range of Services, Tariffs, crediting of payments.

The Provider is entitled to:

Unilaterally amend this Contract and annexes thereto with prior notification of the Customer 5 (five) calendar days prior to the date when such amendments are supposed to come into force by posting information about the amendments on the Providers's site.
Unilaterally amend the Tariffs without notifying the Customer, by posting information about the changes on the Provider's website.
If the Client continues to use the Services, this is recognized as his consent to the terms of the modified Agreement and Tariffs. If the Customer does not agree with the terms and conditions of the amended Agreement and the new Rates, he may decide not to renew the current subscription and use the service for free.
Block the Customer’s Personal page if they violate any of the clauses of this Contract.
Unilaterally set arbitrary storage terms for any statistical data of the Customer, except when such data relate to personal data.
The Provider has the right to engage third parties (specialists, consultants) to provide the Services under this contract without notifying the Customer.
The Provider has the right to add the Customer’s e-mail address submitted at registration to their mailing list. The Customer has the right to refuse from receiving messages sent by the Provider by following a special link available in every e-mail.
Unless otherwise specified in this Contract, the Provider shall not be liable to the Customer and other persons for: indirect losses, loss of profit, regardless of how they were caused.
The Provider has the right to place the trademark logo on the Provider’s website with the written consent of the Customer.

Duration of the Contract, Entering into Agreement and Termination Procedure

This Contract shall enter into force from the moment the Customer accepts the offer and is valid until the Parties completely fulfill their obligations.
In the event that one party fails to fulfill its obligations under the contract as a result of force majeure circumstances (force majeure), which is confirmed by necessary documents indicating the period of the force majeure, the term of the parties' obligations under the contract is extended according to the duration of the force majeure period. The parties are exempt from liability for losses incurred by the other party as a result of force majeure. The party which has become unable to fulfil its obligations under this contract shall inform the other party in writing about the fact of force majeure circumstances, their estimated duration, as well as the end date of their action. A sufficient confirmation of the presence of the above circumstances will be certificates issued by the competent authorities. If it is impossible to fulfil the obligations of one of the parties partly or completely due to force majeure circumstances before the start of an event, any party has the right to terminate this contract.

Confidentiality and Personal Data

Additional information regarding the privacy policy may be observed on magikfake.com website.
Any information obtained as a result of the execution of this contract (including, but not limited to information about the commercial activities of any of the parties, technologies, decisions, etc.) is confidential and not subject to disclosure to third parties without a written consent of the other party to this contract.
The parties shall keep the information received in strict confidentiality and take all possible actions to protect it, which will be no less than the actions that each of the Parties takes to protect its own information.
The Provider does not disclose information about the technical aspects of the provision of the services.
The Provider has the right to process and store the personal data of the Customer or their authorized representative, to ensure their confidentiality and not to provide access to this information to third parties. By accepting this offer, the Customer confirms their consent and allows the Provider to process their personal data, including: last name, first name, registration / post address, email address, phone number, date and (or) place of birth, photo, ip address. The processing of personal data in this offer means: collection of the above data, its systematization, accumulation, storage, specification (updating, changing), use, blocking, destruction. Access to the processing of personal data is restricted to persons designated as responsible for processing of personal data.
The Customer expresses consent and permits the Provider to process the Customer’s personal data using automated database management systems, as well as other software and hardware.
The Provider has the right to independently determine the methods used for processing the Customer's personal data.
The operator ensures the confidentiality of the personal data provided by the Customer, their protection from copying, distribution. At any time, the Customer has the right to request a list of their personal data and / or to demand to change, destroy their personal data.

Dispute Resolution Procedure

The parties send claims to the contact e-mail address or official address.
The provider's contact e-mail address is support@magikfake.com
The e-mail address specified by the Customer at registration is considered to be their contact address.
The claim response period is thirty calendar days.

Account Deletion

The Customer may permanently delete his/her account and all data associated with it only if he/she has no active paid subscribers and no outstanding debts.
The customer can request the deletion of the profile through the "Profile" section.

Miscellanous

The Service applies limits to the number of tokens available daily/monthly.
Any notification requested or provided by one of the Parties to the other Party in accordance with this Contract shall be sent to the e-mail address provided for in this Contract. If it is not possible to send a claim to the indicated e-mail addresses, the claim is sent in writing to the official address.
If any provision of this Contract is declared invalid by a competent authority in whole or in part, this should not affect the validity of other provisions of this Contract.
Payment under this Contract means acceptance of all the terms and conditions (clauses) listed above.