Last Updated: 7/22/2023
This Agreement is between you ("User") and Magic School LLC., operating as MagicSchool.ai ("MagicSchool.ai").Please read these Terms of Service carefully before using the MagicSchool.ai website (the "Site"). By accessing or using the Site, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, then you may not access the Site.
Privacy and Data Collection
By accessing the MagicSchool.ai Site, creating content, or sending communications to MagicSchool.ai, you consent to receive electronic communications from us. These communications may include agreements, notices, disclosures, and other information. You agree that all electronic communications provided by MagicSchool.ai satisfy any legal requirements that such communications be in writing.
If you create an account on MagicSchool.ai, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You may not transfer or assign your account to any other person or entity. MagicSchool.ai reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Usage of MagicSchool.ai - Liability Disclaimer:
MagicSchool.ai is an artificial intelligence platform intended to offer educational suggestions to users. The recommendations made by MagicSchool.ai are strictly for informational purposes and should not be perceived as professional or licensed advice. Users are advised to take into account the unique characteristics of their educational environment, consult with certified educational professionals, and follow all relevant district and school policies and guidelines when applying any suggestions provided by MagicSchool.ai. Users bear full responsibility for any actions taken based on MagicSchool.ai's suggestions. We unequivocally disclaim all liability, be it contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or in any way connected with the user accessing, using, or relying upon MagicSchool.ai's suggestions.
Review of AI-Generated Content:
Users of MagicSchool.ai are urged to meticulously review AI-generated content for factual accuracy and potential bias prior to its use in a student-centered context. As AI can occasionally generate material that may be inaccurate or biased, it is the responsibility of the user to ensure the validity and impartiality of the content. By accessing and using MagicSchool.ai, users acknowledge and agree to this responsibility. We disclaim all liability for any damages or repercussions resulting from the use of AI-generated content that has not been thoroughly reviewed for accuracy and bias by the user.
No Users Under the Age of Eighteen
MagicSchool.ai provides educational resources and tools designed for adult learners. As such, we assume that all users accessing our platform are 18 years of age or older. If you are under 18 years old, we kindly ask that you refrain from using MagicSchool.ai at this time. We prioritize the safety and well-being of minors, and our content and features are tailored to meet the needs of adult users. By accessing and using MagicSchool.ai, you confirm that you are 18 years of age or older and agree to abide by our Terms of Service.
Links to Third-Party Sites/Third-Party Services
The MagicSchool.ai website may contain links to other websites ("Linked Sites"). Please note that MagicSchool.ai has no control over the content of these Linked Sites, including any links within them or any changes or updates made to them. The inclusion of these links is solely for your convenience, and it does not imply endorsement or association with the operators of those sites. Certain services available through the MagicSchool.ai domain may be provided by third-party sites or organizations. By using any product, service, or functionality originating from the MagicSchool.ai domain, you acknowledge and consent that MagicSchool.ai may share information and data with third parties with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our users and customers.
No Unlawful or Prohibited Use/Intellectual Property
By accessing and using the MagicSchool.ai Site, you are granted a non-exclusive, non-transferable, and revocable license to use the site in accordance with these Terms of Service. You agree not to use the Site for any unlawful or prohibited purposes as outlined in these terms. You shall not engage in any activities that could damage, disable, overburden, or impair the Site or interfere with the use and enjoyment of the Site by other parties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included on the MagicSchool.ai Site, such as text, graphics, logos, images, and software, is the property of MagicSchool.ai or its suppliers and is protected by copyright and other intellectual property laws. You agree to respect and comply with all copyright and proprietary notices, legends, and restrictions contained in any content on the Site. Modifying, publishing, transmitting, reverse engineering, creating derivative works, or exploiting any content on the Site, in whole or in part, is strictly prohibited without prior written permission from MagicSchool.ai and the respective copyright owner. You acknowledge that you do not acquire any ownership rights in the protected content on the Site.
Use of Communication Services
The MagicSchool.ai Site may provide Communication Services such as bulletin boards, chat areas, forums, and personal web pages. These services are designed to facilitate proper and related communication among users. When using these Communication Services, you agree to post, send, and receive messages and materials that are appropriate and relevant to the specific Communication Service.You specifically agree that when using Communication Services, you will not engage in activities such as defaming, abusing, harassing, threatening, or violating the legal rights of others. You will not publish, upload, distribute, or disseminate any inappropriate, defamatory, infringing, obscene, or unlawful material. Uploading files that contain viruses or infringe upon intellectual property rights is strictly prohibited.
You agree not to advertise or offer goods or services for business purposes unless explicitly allowed by the Communication Service. Engaging in surveys, contests, pyramid schemes, or chain letters is also prohibited. You will not download files posted by other users that you know or reasonably should know cannot be legally distributed. Falsifying or deleting author attributions, legal notices, or proprietary designations is not allowed. You will not restrict or inhibit other users from using and enjoying the Communication Services, nor violate any code of conduct or guidelines applicable to a particular Communication Service. Harvesting or collecting information about others without their consent is strictly prohibited, as is violating any applicable laws or regulations. While MagicSchool.ai has no obligation to monitor the Communication Services, we reserve the right to review and remove any materials posted to the Communication Services at our sole discretion.
We also reserve the right to terminate your access to any or all of the Communication Services without notice for any reason. MagicSchool.ai reserves the right to disclose any information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests. We may also edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion.Please exercise caution and discretion when sharing personally identifying information about yourself or others in any Communication Service. MagicSchool.ai does not control or endorse the content, messages, or information found in the Communication Services. Therefore, we specifically disclaim any liability arising from your participation in any Communication Service and any actions resulting from it. The views expressed by managers and hosts within the Communication Services do not necessarily reflect those of MagicSchool.ai and should not be considered official statements.Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction, and dissemination as posted. It is your responsibility to comply with such limitations when uploading materials.By using the Communication Services, you acknowledge and agree to adhere to these terms and guidelines. Failure to comply may result in the termination of your access to the Communication Services and potential legal consequences.
You agree to indemnify, defend, and hold harmless MagicSchool.ai, its officers, directors, employees, agents, and third parties from and against any and all losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. This indemnification extends to any claims or liabilities arising from the negligence or willful misconduct of MagicSchool.ai, its officers, directors, employees, agents, and third parties. MagicSchool.ai reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MagicSchool.ai in asserting any available defenses.
In the event that the parties are unable to resolve any dispute arising from or relating to these Terms and Conditions through mutual agreement, the dispute shall be resolved through binding arbitration. The arbitration shall be conducted by a single neutral arbitrator in accordance with the Federal Arbitration Act and administered by the American Arbitration Association or a similar arbitration service selected by the parties. The arbitration shall take place in a mutually agreed-upon location. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises from or relates to these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration conducted pursuant to these Terms and Conditions shall be on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. The parties agree that claims may only be brought by each party in their individual capacity and not as a plaintiff or class member in any form of a class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding, unless both you and MagicSchool.ai agree otherwise.
The information, software, products, and services included in or available through the Site may contain inaccuracies or typographical errors. Changes and improvements are periodically made to the information on the Site. MagicSchool.ai and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. All such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. MagicSchool.ai and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.To the maximum extent permitted by applicable law, in no event shall MagicSchool.ai and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if MagicSchool.ai or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site or these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
MagicSchool.ai reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado , and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MagicSchool.ai as a result of this agreement or your use of the Site.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of these Terms and Conditions shall continue in effect.
Content License Agreement
By using the MagicSchool platform, you are agreeing to the terms of this Content License Agreement as part of our overall Terms of Service.
When you create or upload content to MagicSchool ("User Content"), you retain ownership of any intellectual property rights that you hold in that content. In other words, what belongs to you stays yours. However, by submitting User Content to MagicSchool, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the MagicSchool platform and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MagicSchool platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MagicSchool platform a non-exclusive license to access your User Content through the platform, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the platform and under these Terms of Service.
It's important to note that this license continues even if you stop using our services – for example, if you delete your account but have shared content with others, we retain the right to keep it available for use, distribution, and display.
We respect your rights and want to ensure you retain control over your content. If you have any questions or concerns about this agreement, we encourage you to reach out to us directly.
Changes to Terms
MagicSchool.ai reserves the right, in its sole discretion, to change the Terms under which the Site is offered. Updated versions of the Terms will be posted on the Site with a revised "Last Updated" date. We will notify you about material changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating this page. You are responsible for regularly reviewing the Terms. Continued use of the Site after any such changes constitutes your acceptance of the new Terms.
MagicSchool.ai welcomes your questions or comments regarding the Terms. Please contact us at email@example.com for any inquiries or assistance.