This MAGIC Research, LLC Enterprise Services Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of MAGIC’s Services (defined below). It is an agreement between MAGIC Research, LLC or an Affiliate of MAGIC (collectively referred to as “MAGIC,” “Company,” “we,” “us,” or “our”) and you or the entity you represent (”Client,” “you,” or “your”). This Agreement takes effect at the earlier of a) when you click an “I Accept” button or check box presented with these terms, b) when you first use any of the Services, or c) in accordance with the Effective Date of the Order Form (the “Effective Date”). You represent to Company that you are lawfully able to enter into contracts and, if you are entering into this Agreement on behalf of a company or other entity, that you have the legal authority to bind that organization.
We will provide you with access to and use of MAGIC’s artificial intelligence, cloud, computing, consulting, generative AI computational hypergrid, and related offerings (collectively, the “Services”) in accordance with this Agreement, including any service descriptions, documentation, and any Service Level Agreements (“Service SLAs”) we may publish on our website that apply to certain Services. You must follow our Policies or Governing Documents referenced in this Agreement available at https://researchmagic.com/legal.
You may choose to use third-party applications, content, or services (“Third-Party Content”) in conjunction with or within the Services. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content. Fees or charges for Third-Party Content (if any) will be detailed separately.
We will implement reasonable and appropriate measures designed to help you secure your Content (as defined below) against accidental or unlawful loss, access, or disclosure. However, you are ultimately responsible for properly configuring and using the Services in a secure manner.
You may specify the geographic locations or environments (e.g., on-premises, cloud regions) where your Content will be stored or processed. You consent to the storage and processing of your Content in those locations. We will not access or use your Content except as necessary to maintain or provide the Services or as otherwise required by law or a binding governmental order. If we need to disclose or move your Content due to a legal or governmental request, we will (unless legally prohibited) give you notice and a reasonable opportunity to contest such requirement.
We may alter, discontinue, or add new functionalities to the Services from time to time. If we discontinue a material functionality that we generally make available and that you are actively using, we will provide at least 90 days’ notice (except if a shorter period is required by legal, security, or third-party licensor obligations).
We may change, discontinue, or add Service SLAs. We will provide at least 90 days’ notice for any adverse changes to Service SLAs that materially and negatively affect you.
To use the Services, you must create an account with MAGIC associated with a valid email address and payment method. You are responsible for maintaining the security and confidentiality of your account credentials. You agree to comply with all applicable laws, regulations, and the terms of this Agreement when using the Services.
You acknowledge and agree that: