tags: Created: 2025-04-17 16:51
Welcome to Platform operated by Magickbase. Ltd. (“Magickbase”, "us", "we" or "our"), a company incorporated in Singapore. We provide our Services (as defined below) to you subject to these Terms of Services (the "Terms"), our Privacy Policy, and any other guidelines, rules, policies, or supplementary terms which may be applicable to our Services, all of which are integral parts of our Terms.
The term, “Services” encompasses all current and future platforms, related websites, functionalities, applications, software, APIs, subscription plans, products, and content provided by Magickbase.
By using our Services, you confirm that you have read, understand, and accept all of the terms and conditions contained in these Terms. If you do not agree to these Terms, you must not access or use our Services.
We may modify or discontinue any aspect, feature, or functionality of the Services at our discretion. We may also amend these Terms to reflect changes to the Services or applicable legal requirements.
While we endeavor to notify users of material changes, it is your responsibility to review these Terms periodically and take note of the date our Terms were last revised. Your continued use of our Services after any changes become effective shall constitute your acceptance of our revised Terms.
To use our Services, you should be at least eighteen (18) years old or the legal age of majority in your jurisdiction.
Registration of a user account may be required to access certain of our Services. We will handle your personal information in accordance with our Privacy Policy
By registering, you represent that all information you provide is current, complete, and accurate. Your user account is personal and is only meant for your usage, and you agree not to share it with any third party.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Any use of your account is considered your responsibility, whether or not you have authorized such use. If you suspect any unauthorized use of your account or any security breach, please contact us immediately at support@magickbase.com .
You may terminate your account at any time in accordance with our prescribed procedures. However, you remain responsible for any activity conducted prior to termination.
There will be no refunds for termination, unless otherwise expressly stated.
Access or use of our Services may be restricted in certain jurisdictions due to legal or regulatory reasons. Our Services are not intended for use where such use would violate applicable laws or subject us to any registration or licensing requirement. We reserve the right to restrict or prevent access to our Services in any jurisdiction at our sole discretion.
We may limit, suspend, or terminate your access to the Services or your account if we reasonably believe you have violated these Terms, applicable laws, or for security reasons. When practicable, we will notify you of such actions.
We may leverage Web3 services, such as third-party blockchain wallet applications, to provide you with the ability to create a user account, associate an existing user account, or purchase paid subscription plans using your blockchain wallet ("Digital Wallet"). If you choose to access and/or use our Services through Web3 services, you agree to our collection, use, and/or disclosure of information relating to your Digital Wallet in accordance with our Privacy Policy, including but not limited to your wallet address, past transactions, and digital assets held in your Digital Wallet.
You are solely responsible for the security of your Digital Wallet. You should never share the secret credentials (e.g., seed phrases or private keys) of your Digital Wallet with anyone, and we will never ask for this information. We have no control over the transactions initiated through your Digital Wallet, and we are not responsible for any third-party applications or services that you may use. You acknowledge that blockchain transactions are irreversible and that losing access to your Digital Wallet may result in permanent loss of digital assets. Magickbase is not responsible for any losses resulting from your failure to secure your Digital Wallet or from the inherent risks of blockchain technology.
You agree to use our Services solely in accordance with our Terms, and as permitted by applicable laws and regulations. You shall not use our Services in any manner that infringes, misappropriates, or violates any of our or other third party’s intellectual property rights or other rights, or otherwise in violation of any applicable law. We reserve the right to determine, in our sole discretion, whether any use of our Services violates these Terms, even if not explicitly stated herein. Without our express written consent, you shall not:
All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, materials, and "look and feel" of the Services, and all related intellectual property rights (the "Magickbase Platform Content"), are either owned by or licensed to us. Any use of the Platform or Magickbase Content for purposes not expressly permitted by us is strictly prohibited.
These Terms do not confer on you any rights to use "Magickbase" and any other trade marks, service marks, logos, get-up, trade names, goodwill, Internet domain names, slogans, product names and designations, or other proprietary indicia from any part of our Services, all of which are and remain the property of Magickbase or the relevant owner(s). We and our licensors reserve all rights not expressly granted to you in and to Magickbase Content.
Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, personal, and non-transferable license to access and use our Services in approved jurisdictions. We retain all rights in our content and materials and reserve any rights not expressly granted. We may terminate this license at any time at our discretion.
Some aspects of our Services may include software or other materials offered under an open source or other third-party licence, in which case your use of our Services shall be governed by such third-party terms, in addition to these Terms.
You may voluntarily post, submit or otherwise communicate to us, including through third party channels (e.g., social media or Discord), any questions, comments, suggestions, ideas, original or creative materials or other information about the Services (collectively, “Feedback”).
By posting or submitting any Feedback to us, you hereby irrevocably grant to us, to the extent permitted by applicable law, a perpetual, worldwide, unlimited, royalty-free, and fully transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to exploit and incorporate the Feedback into other works in any format or medium now known or later developed, without restriction, without attribution, and free of charge without any obligation to compensate you or anyone else. You understand that we are not obligated to keep any Feedback confidential or refrain from using or disclosing it in any way for commercial and non-commercial purposes, and you agree to waive and never to assert any privacy, publicity, moral or other similar rights in connection with such Feedback.
Where any product, service, content, or functionality ("Third Party Element") originates from or is provided by a third party ("Third Party Provider"), and any part of our Services displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, or links to any such Third Party Element, you agree and acknowledge that:
We may, from time to time, use automated analysis, artificial intelligence, machine learning and related technologies to improve, create or maintain features, functionalities, information, data and/or content (collectively, "AI Features") provided to you as part of or in connection with our Services. If you choose to use such AI Features, you agree and acknowledge that:
You agree and acknowledge that:
To the maximum extent permitted under applicable laws, our Services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of accuracy, adequacy, completeness, timeliness, performance, security, currency, conformance with description, continued availability, interoperability with other systems or services, reliability, availability, merchantability, quality, fitness for a particular purpose, title and/or non-infringement of third party rights. No such warranty or representation is given in conjunction with any of the Services, AI Features, Magickbase Content, and/or Third Party Elements, including without limitation any and all information, content and materials contained therein.
This disclaimer also extends to any products, features, functionalities and services that we may make available to you from time to time as part of the Services prior to their general release that are labelled or otherwise communicated to you as "early access", "preview," "alpha," "beta," "beta services," "pre-release", "non-general release" or such other similar terminology.
We may temporarily suspend access to our Services or portions of our Services from time to time for maintenance without notice. We reserve the right to upgrade, modify, alter, suspend, discontinue, or remove, whether in whole or in part, the Services and/or Magickbase Content, and/or any functionality provided therein, without giving any prior reason or notice. By doing so, we do not warrant any particular level of availability for our Services and are not responsible or liable to you or any third party for any losses due to downtime of our Services.
You understand that digital assets in your Digital Wallet are not legal tender, are not backed by the government, and are not protected by any deposit insurance scheme or protections under law. Hackers or other malicious groups or organizations may attempt to interfere with the Services or your Digital Wallet in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, smurfing and spoofing, or to exploit unintentional bugs or weaknesses which may negatively affect the Services or result in the loss of digital assets or the user’s ability to access or control their Digital Wallet. In such events, there may be no remedy and users are not guaranteed any remedy, refund or compensation.
You understand that your access or use of our Services is at your own risk, and we expressly disclaim all liability and responsibility for any damages, losses, claims, or causes of action related to any of our Services. We do not guarantee that the Services will be secure or free from bugs or viruses, and you are responsible for ensuring the security of your device(s), information technology, computer programme(s) and platform(s) that you use to access our Services.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Magickbase OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES OR ANY OF THE Magickbase CONTENT OR OTHER THIRD-PARTY ELEMENTS ON OR ACCESSED THROUGH OUR SERVICES, EVEN IF Magickbase IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Magickbase FOR OUR SERVICES OR $1,000 UNITED STATES DOLLARS, WHICHEVER IS LOWER. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Magickbase, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Magickbase, REGARDLESS OF THE CAUSE OF ACTION, UNLESS OTHERWISE PERMITTED BY LAW.
You agree to indemnify and hold Magickbase, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of any dispute with another user of the Services or any third party. You also agree to indemnify and hold Magickbase, its subsidiaries and affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.
Without limiting our rights at law or elsewhere in these Terms, we may withdraw, modify, restrict, suspend or terminate your access to our Services (or any part thereof) at any time and in our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation:
Even if your access to our Services is withdrawn, modified, restricted, suspended, or terminated, you shall remain liable for all amounts owed to us and any other obligations or liabilities you may have incurred under these Terms.
All provisions of our Terms which by their nature should survive termination shall survive termination, including, without limitation, indemnification, intellectual property ownership, disclaimers and exclusion of warranties and limitations of liability.
These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree to commence such proceedings before the Singapore International Commercial Court (the "SICC"), and that such proceedings shall be heard and adjudicated by the SICC in any event.
Force Majeure. We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms if this is due, in whole or in part, directly or indirectly, to an event or failure which is unavoidable, beyond our reasonable control, or which renders impossible the performance of such obligation.
Assignment. We may assign, transfer, novate, sub-contract, or otherwise deal with any or all of our rights and obligations under these Terms and such dealings shall not release you from your obligations or liabilities under these Terms. You shall not assign, novate, or transfer any or all of your rights and/or obligations under these Terms, nor dispose of any right or interest in it, without our prior written consent.
Waiver. Our failure to enforce or delay in enforcing any right or provision of these Terms will not be considered a waiver of those rights.
Cumulative Rights. Unless expressly provided otherwise, our rights and remedies under these Terms are cumulative and do not prejudice any rights or remedies (whether at law or otherwise).
Entire Agreement. These Terms, and the documents referred to in it, embody the entire agreement and understanding between you and us relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to the Services.
Severability. If any court or tribunal, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms shall continue to be valid and enforceable.
Third Party Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms.
Promotions. From time to time, Magickbase may make available special offers or conduct promotions for qualifying users. Subject to applicable laws, Magickbase may establish qualifying criteria regarding users’ participation in any special promotion in its sole discretion. Magickbase may revoke any special offer at any time without notice and we have no obligation to make special offers available to all users. Magickbase makes no recommendation and does not provide any advice about the value or utility of any service provided by third parties in our Services.
If you have any questions about these Terms, please contact us via email at support@Magickbase.com.