Terms of Service
Effective Date: January 1, 2025
1. Acceptance of Terms
By accessing or using the zMagic Solutions website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Description of Service
zMagic Solutions provides Software-as-a-Service (SaaS) platforms and custom automation solutions designed for construction and home services businesses. Our services include business management tools, workflow automation, and related software solutions.
3. User Accounts and Registration
To access certain features of our services, you may be required to create an account. You are responsible for:
- Providing accurate and complete information
- Maintaining the security of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
4. Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You may not:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems
- Interfere with the operation of our services
- Use our services for any unauthorized commercial purpose
5. Intellectual Property Rights
All content, features, and functionality of our services are owned by zMagic Solutions and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
6. User Content
You retain ownership of any content you submit to our services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content as necessary to provide our services.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Service Availability
We strive to maintain high service availability but cannot guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue services with or without notice for maintenance, updates, or other business reasons.
9. Fees and Payment Terms
Fees for our services are as specified in your service agreement or as posted on our website. Payment terms, billing cycles, and refund policies are outlined in your specific service agreement.
10. Limitation of Liability
To the fullest extent permitted by law, zMagic Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
11. Indemnification
You agree to indemnify and hold harmless zMagic Solutions from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.
12. Termination
We may terminate or suspend your access to our services immediately, without prior notice, if you breach these Terms. Upon termination, your right to use our services will cease immediately.
13. Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
15. Dispute Resolution
Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Salt Lake City, Utah.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on our website. Your continued use of our services constitutes acceptance of the modified Terms.
18. Entire Agreement
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and zMagic Solutions regarding the use of our services.
19. Contact Information
If you have questions about these Terms of Service, please contact us:
zMagic Solutions
7223 W Ansel Ave
Herriman, UT 84096, USA
Email:
[email protected]
Phone: (509) 368-7141
Last updated: January 1, 2025