Terms and Conditions

Acceptance and eligibility

These Terms and Conditions ("Terms") are a binding agreement between you and Spark Media LLC ("Magictrail," "we," "us," or "our"). By accessing or using Magictrail and its related websites, applications, email addresses, phone numbers, and services (collectively, the "Service"), you agree to these Terms and our Privacy Policy. This includes multiple projects and domains operated under the Magictrail brand, such as magictrail.ai, Dentva.ai, and magictrack.ai.

You must be at least 18 years old and legally able to enter into this agreement to use the Service. If you use the Service for an organization, you represent that you are authorized to accept these Terms on its behalf.

The Service and your account

Magictrail helps organizations deploy, coordinate, and govern specialized artificial intelligence agents and virtual workforces across supported channels and connected systems. Features may include workflow execution, communications, summaries, alerts, recommendations, data processing, and automated assistance.

You agree to provide accurate account information, keep your credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for maintaining access to the email address and mobile number associated with it.

Some features may be offered under additional terms presented when you use them. If additional terms conflict with these Terms, the additional terms control for that feature.

SMS program terms

Program description

Authorized Magictrail users may text the Service to record or ask about finance records, or to retrieve and update their organization's sales and CRM records. Magictrail responds only to the same user who initiated the conversation and does not use this program to message leads, prospects, customers, or other third parties.

Consent and opt-in

Opt-in occurs when you send the first message to the Magictrail number published on our SMS disclosure page. Your message authorizes Magictrail to send replies relevant to that request and conversation. Consent to receive text messages is not a condition of purchasing any goods or services. You represent that you are the subscriber or customary user of the mobile number you use and that you are authorized to consent to messages at that number.

Opt-out and help

Reply STOP to any Magictrail text message to opt out. You may receive one final message confirming your opt-out. After opting out, you will not receive further SMS messages unless you opt in again. Reply HELP for assistance or visit the Magictrail Help Center.

Message delivery

Wireless carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and network and is not guaranteed. If you change or deactivate your mobile number, you agree to update your account information promptly.

Privacy

Our collection and use of information in connection with the SMS program is described in our Privacy Policy, including our commitment not to share text messaging opt-in data and consent with third parties.

Other communications

When you provide an email address or call Magictrail, you authorize us to respond through that channel for Service-related purposes. Calls may be processed or transcribed to provide requested features, subject to applicable law and any notice provided at the time of the call.

You are responsible for obtaining any consent required before submitting another person's personal information or involving them in a communication through the Service.

Your content and responsibilities

You retain your rights in information and materials you submit to the Service ("User Content"). You grant us a limited, worldwide license to host, copy, process, transmit, and display User Content only as needed to operate, secure, support, and improve the Service and as otherwise described in our Privacy Policy.

You may not:

• Use the Service for unlawful, fraudulent, deceptive, abusive, or harmful activity.
• Send spam or messages to anyone without the consent required by law.
• Access another person's account or data without authorization.
• Interfere with the Service, introduce malicious code, bypass security measures, or probe for vulnerabilities without permission.
• Reverse engineer, scrape, copy, resell, or exploit the Service except as permitted by law or with our written consent.
• Submit content that infringes another person's rights or that you are not authorized to provide.

Third-party services

The Service may connect to or rely on third-party products, including communications providers, authentication providers, data platforms, and other integrations you choose. Third-party services are governed by their own terms and policies. We are not responsible for third-party services, and we do not guarantee that an integration will remain available.

Automated information and actions

Magictrail may use automated systems and artificial intelligence to process information, identify patterns, recommend actions, execute configured workflows, and respond to requests. Outputs and actions may be incomplete, delayed, or inaccurate. You are responsible for reviewing important information and configuring appropriate oversight before relying on or acting upon it.

The Service provides operational tools and is not a substitute for professional judgment. Nothing in the Service is medical, legal, financial, tax, or other professional advice.

Ownership

Magictrail and its software, design, branding, documentation, and other content are owned by Spark Media LLC or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.

If you provide feedback, you allow us to use it without restriction or compensation to you.

Availability, changes, and termination

We may add, remove, suspend, or change features and may set reasonable limits on use. We may suspend or terminate access if you violate these Terms, create risk or harm, fail to pay applicable fees, or if required by law. You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including provisions about ownership, disclaimers, limitations of liability, indemnity, and disputes.

Disclaimers and limitation of liability

To the fullest extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability.

To the fullest extent permitted by law, Spark Media LLC and its affiliates, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunities arising from or related to the Service. Our total liability for all claims relating to the Service will not exceed the greater of $100 or the amount you paid us for the Service during the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above may not apply to you.

Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Spark Media LLC and its affiliates, officers, employees, and agents from claims, liabilities, damages, losses, and expenses arising from your User Content, your misuse of the Service, or your violation of these Terms or another person's rights.

Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute that is not subject to another written dispute-resolution agreement between you and Spark Media LLC will be brought in the state or federal courts located in California, and you consent to their jurisdiction. Applicable consumer-protection laws may give you additional rights.

Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms here and revise the effective date above. If a change is material, we may provide additional notice. Your continued use of the Service after updated Terms take effect means you accept them.

Contact us

Questions about these Terms or the Magictrail SMS program may be submitted through the Magictrail Help Center.