Terms of Service
Last Updated: December 11, 2024
1. Acceptance of Terms
By accessing or using Automagical ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you and Rohenn Technology Consulting ("Company", "we", "us", or "our"), the operator of Automagical.
2. Service Description
Automagical is an AI-powered social media content generation platform that helps businesses create, schedule, and publish social media posts. The Service uses artificial intelligence to generate content based on your business profile, brand voice, and preferences.
Key features include:
- AI-generated social media post content
- Integration with social media platforms (currently Facebook)
- Content scheduling and publishing
- Media library management
- Business profile customization
3. Account Registration and Eligibility
Age Requirement: You must be at least 18 years old to use this Service.
Beta Access: The Service is currently in private beta. Access is provided by invitation or waitlist approval only.
Account Information: You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities under your account
Business Accounts: If you register on behalf of a business, you represent that you have authority to bind that business to these Terms.
4. User Responsibilities
You are responsible for:
- All content you input into the Service (business information, brand preferences, etc.)
- Reviewing and approving AI-generated content before publication
- Ensuring published content complies with applicable laws and platform policies
- Maintaining appropriate licenses and permissions for any media you upload
- Monitoring your published content and responding to your audience appropriately
- Complying with all applicable laws and regulations in your jurisdiction
5. AI-Generated Content
Content Generation: Our AI generates content suggestions based on your business profile and preferences. This content is:
- Generated automatically without human review prior to your approval
- Intended as a starting point, not a final product
- Subject to errors, inaccuracies, or inappropriate suggestions
Your Responsibility: You must review and approve all AI-generated content before publication. We are not responsible for content you choose to publish.
No Guarantees: We do not guarantee that AI-generated content will:
- Be factually accurate
- Be appropriate for your audience
- Comply with social media platform policies
- Generate engagement or business results
- Be free from copyright or trademark issues
6. Social Media Integration
Third-Party Platforms: When you connect social media accounts (e.g., Facebook), you authorize us to:
- Access your account information as permitted by the platform
- Publish content on your behalf when you approve it
- Store access tokens securely for ongoing integration
Platform Compliance: You agree to comply with all terms of service and policies of connected social media platforms. We may suspend or terminate your access if you violate platform policies.
Limitations: Social media platform features may change without notice. We are not responsible for:
- Changes to platform APIs or policies
- Platform outages or service interruptions
- Platform account suspensions or bans
- Content moderation decisions by platforms
7. Content Ownership and Licensing
Your Content: You retain ownership of all content you provide to the Service, including:
- Business information and profiles
- Uploaded media files
- Approved and published posts
License to Us: By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display your content to provide the Service
- Use your content to train and improve our AI models
- Create derivative works (AI-generated content) based on your inputs
AI-Generated Content: Content generated by our AI based on your inputs becomes your content once approved and published. You are responsible for its use and distribution.
Our Intellectual Property: The Service, including its design, code, algorithms, and branding, remains our exclusive property.
8. Prohibited Activities
You may not use the Service to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Publish false, misleading, or deceptive content
- Harass, threaten, or harm others
- Distribute spam, malware, or other harmful content
- Impersonate others or misrepresent your identity
- Attempt to gain unauthorized access to the Service or other accounts
- Interfere with or disrupt the Service
- Use automated tools (bots, scrapers) without authorization
- Resell or redistribute the Service
- Generate content promoting illegal activities, hate speech, or violence
We reserve the right to suspend or terminate accounts that violate these prohibitions.
9. Beta Service Disclaimer
Current Status: The Service is currently in private beta testing. As a beta service:
- Features may be incomplete, unstable, or change without notice
- Service availability is not guaranteed
- Data loss may occur without warning
- Performance may vary significantly
- Bugs and errors are expected
No Service Level Agreement: During beta, we provide the Service "as available" without guarantees of uptime, performance, or data integrity.
Feedback: We welcome your feedback during beta testing. By providing feedback, you grant us the right to use it to improve the Service without compensation.
10. Limitation of Liability
AS-IS Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
No Guarantees: WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- AI-generated content will meet your expectations or requirements
- Any content will be accurate, reliable, or appropriate
- Defects will be corrected
- The Service will achieve any particular business results
Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.
Maximum Liability: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 CAD IF NO FEES WERE PAID.
11. Indemnification
You agree to indemnify, defend, and hold harmless Rohenn Technology Consulting, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you publish through the Service
- Your business activities related to the Service
12. Payment Terms
Current Beta: The Service is currently provided free of charge during the private beta period.
Future Billing: Upon general release, we will introduce paid subscription plans. We will provide advance notice of:
- Pricing structure and payment terms
- When billing will commence for beta users
- Any free trial or grandfathered pricing offered to early users
Payment Processing: All payments will be processed securely through third-party payment processors. Your payment information will be subject to their terms and privacy policies.
13. Intellectual Property
Service Protection: The Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding user-generated content), is protected by copyright, trademark, and other intellectual property laws.
Trademarks: "Automagical" and associated logos are trademarks of Rohenn Technology Consulting. You may not use our trademarks without written permission.
DMCA Compliance: If you believe content on our Service infringes your copyright, please contact us at contact@automagical.marketing with:
- Identification of the copyrighted work
- Location of the infringing material
- Your contact information
- A statement of good faith belief
- A statement under penalty of perjury that your notice is accurate
- Your physical or electronic signature
14. Account Termination
Your Right to Terminate: You may terminate your account at any time by contacting us or using account deletion features when available.
Our Right to Terminate: We may suspend or terminate your account immediately if you:
- Violate these Terms
- Engage in prohibited activities
- Fail to pay fees (when billing is implemented)
- Provide false information
- Create risk or liability for us or other users
Effect of Termination: Upon termination:
- Your access to the Service will cease immediately
- We will delete your data within 7 days, except as required by law or for legitimate business purposes
- You remain responsible for all activities prior to termination
- Provisions that should survive termination (liability, indemnification, intellectual property) will remain in effect
15. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.
Jurisdiction: Any disputes arising from these Terms or the Service shall be resolved in the courts of Ontario, Canada. You consent to the exclusive jurisdiction of these courts.
Informal Resolution: Before initiating formal proceedings, we encourage you to contact us at contact@automagical.marketing to resolve disputes informally.
Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
16. Changes to Terms
We may modify these Terms at any time. When we make changes:
- We will update the "Last Updated" date at the top of this page
- For material changes, we will provide notice via email or prominent Service notification
- Your continued use of the Service after changes constitutes acceptance of the new Terms
- If you do not agree to changes, you must stop using the Service
We recommend reviewing these Terms periodically to stay informed of any updates.
17. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rohenn Technology Consulting regarding the Service.
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.
No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
18. Contact Information
If you have questions about these Terms, please contact us:
Rohenn Technology Consulting
65 Hermes Avenue
Ottawa, ON, Canada
Note: These Terms are designed for our private beta. They will be updated when the Service moves to general availability and introduces paid subscription plans.