Terms of Service
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
Words with capitalized initial letters in this document carry specific meanings as outlined below. These definitions remain consistent whether the terms are used in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Application denotes the software program named Magic provided by the Company, which you download onto any electronic device.
Application Store signifies the digital distribution service operated and developed by Apple Inc.
Affiliate refers to an entity that controls, is controlled by, or is under common control with a party. "Control" here implies ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) pertains to Landspect Information Limited.
Device encompasses any device capable of accessing the Service, such as a cellphone or digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Service denotes the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also known as "Terms") represent these Terms and Conditions, which constitute the entire agreement between You and the Company concerning the use of the Service.
Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
You pertains to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern your use of this Service and the agreement between you and the Company. They outline the rights and responsibilities of all users regarding the Service.
Your access to and use of the Service are subject to your acceptance and adherence to these Terms and Conditions. They are applicable to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to abide by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.
You confirm that you are at least 18 years old. The Company does not allow individuals under 18 to use the Service.
Additionally, your access to and use of the Service are contingent upon your acceptance and adherence to the Company's Privacy Policy. Our Privacy Policy outlines our practices regarding the collection, use, and disclosure of your personal information when you use the Application or the Website. It also explains your privacy rights and legal protections. Please review our Privacy Policy carefully before using our Service.
Subscriptions
Subscription period
Access to the Service or certain features may require a paid Subscription. You will be charged in advance on a recurring basis (e.g., daily, weekly, monthly, or annually), depending on the Subscription plan you choose.
Your Subscription will automatically renew under the same terms unless cancelled by you or by the Company.
Subscription cancellations
You can cancel your Subscription renewal through your Account settings or by contacting us. No refunds will be provided for fees already paid, and access to the Service will continue until the end of the current Subscription period.
Billing
In the event of automatic billing failure, the Company will generate an electronic invoice requiring you to manually complete the full payment for the billing period within a specified deadline as stated on the invoice.
For Subscriptions made through an In-app Purchase, all billing processes are managed by the Application Store and are subject to the Application Store's own terms and conditions.
Fee Changes
The Company reserves the right, at its sole discretion and at any time, to adjust Subscription fees. Any changes to Subscription fees will take effect at the conclusion of the current Subscription period.
You will receive reasonable advance notice of any changes to Subscription fees, allowing you the opportunity to cancel your Subscription before the revised fees take effect.
By continuing to use the Service after the new Subscription fee takes effect, you agree to pay the updated Subscription fee amount.
Refunds
Unless mandated by law, paid Subscription fees are generally non-refundable. However, the Company may evaluate refund requests for Subscriptions on a case-by-case basis and grant them at its sole discretion.
For Subscriptions purchased through an In-app purchase, the refund policy of the Application Store will be applicable. If you wish to request a refund, you should contact the Application Store directly.
Free Trial
At its discretion, the Company may offer a Free Trial Subscription for a limited period.
To sign up for the Free Trial, you may need to provide your billing information.
If you provide your billing information for the Free Trial, you will not be charged by the Company until the Free Trial period ends. If you haven't canceled your Subscription by the end of the Free Trial, you will be automatically charged the applicable Subscription fees for the selected Subscription type.
The Company reserves the right, without prior notice, to (i) alter the terms and conditions of the Free Trial offer, or (ii) terminate the Free Trial offer altogether.
In-app Purchases
The Application may offer In-app Purchases, allowing you to acquire products, services, or Subscriptions.
For guidance on managing In-app Purchases on your Device, refer to the terms and conditions of the Application Store or your Device's Help settings.
In-app Purchases are exclusively for use within the Application and cannot be cancelled once initiated. They are non-transferable and cannot be exchanged for cash or other considerations.
If an In-app Purchase fails to download or function properly, we will investigate and determine whether to provide a replacement or issue a patch for repair, at no additional cost to you. If replacement or repair is not feasible within a reasonable timeframe, the Application Store may authorize a refund up to the purchase price. Alternatively, you can directly request a refund from the Application Store.
Please note that all billing and transaction procedures for In-app Purchases are managed by the Application Store and are subject to its terms and conditions. Any payment-related issues should be addressed directly with the Application Store.
Intellectual Property
The Service, along with its original content (excluding any Content provided by You or other users), features, and functionality, is and will continue to be the sole property of the Company and its licensors.
The Service is safeguarded by copyright, trademark, and other applicable laws of both domestic and foreign jurisdictions.
Any use of our trademarks and trade dress in association with any product or service is prohibited without obtaining the prior written consent of the Company.
Links to Other Websites
Our Service may include links to third-party websites or services that are not owned or operated by the Company.
The Company does not have control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
Your access to the Service may be terminated or suspended by us immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In some jurisdictions, the exclusion of implied warranties or limitation of liability for incidental or consequential damages may not be permitted, which means that some of the above limitations may not apply. In such jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE," without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company, its Affiliates, licensors, and service providers disclaim all warranties with respect to the Service, including any warranties arising from course of dealing, course of performance, usage, or trade practice. The Company makes no guarantees that the Service will meet Your requirements, achieve intended results, be compatible with other software, operate without interruption, meet performance standards, or be error-free, nor does it guarantee correction of errors or defects.
Additionally, neither the Company nor its providers make any representation or warranty regarding the operation or availability of the Service, the accuracy, reliability, or currency of information provided through the Service, or the absence of harmful components such as viruses or malware.
Some jurisdictions may not allow certain warranty exclusions or limitations on consumer rights, so some or all of these exclusions and limitations may not apply to You. However, in such cases, these exclusions and limitations will be enforced to the maximum extent permitted by applicable law.
Governing Law
The Terms and your utilization of the Service shall be governed by the laws of the Country, with the exclusion of its conflict of law provisions. Additionally, your usage of the Application may be subject to various other local, state, national, or international regulations.
Disputes Resolution
If you have any concerns or disputes regarding the Service, you agree to initially attempt to resolve them informally by contacting the Company.
For European Union (EU) Users
If you are a consumer residing in the European Union, you will enjoy the protections afforded by any compulsory legal provisions of your country of residence.
United States Federal Government End Use Provisions
If you are a consumer residing in the European Union, you will enjoy the protections afforded by any compulsory legal provisions of your country of residence.
United States Legal Compliance
You affirm and guarantee the following: (i) You are situated in a country not under embargo by the United States government or identified by the United States government as a "terrorist supporting" nation, and (ii) You are not included on any United States government roster of prohibited or restricted entities.
Severability and Waiver
Severability
If any clause within these Terms is deemed unenforceable or invalid, it will be modified and construed to fulfill the intentions of the clause to the maximum extent permissible by law. The remaining clauses will remain in full force and effect.
Waiver
Unless otherwise specified, if a party chooses not to exercise a particular right or demand the fulfillment of an obligation as outlined in these Terms, it shall not diminish that party's capacity to exercise said right or demand such fulfillment at any point thereafter. Furthermore, overlooking a breach does not equate to overlooking subsequent breaches.
Translation Interpretation
If we have provided these Terms and Conditions to you on our Service in a translated form, you acknowledge that the original English text will take precedence in the event of any dispute.
Changes to These Terms and Conditions
We maintain the authority, solely at our discretion, to amend or substitute these Terms whenever necessary. Should a revision be substantial, we will make reasonable efforts to give a minimum of 30 days' notice before the new terms come into effect. The definition of what constitutes a significant change will be decided solely by us.
Your continued access to or use of Our Service following the implementation of these revisions signifies your acceptance of the updated terms. If you disagree with the new terms, either wholly or partly, we kindly ask that you cease using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: feedback@landspectinformation.com
By visiting this page on our website: www.landspectinformation.com