Terms and Conditions

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Magicvisor LLC, a Delaware limited liability company ("Magicdesk," "we," "us," or "our"), governing your use of our AI-powered restaurant call management service. By accessing or using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using our service.

IMPORTANT: These Terms contain a binding arbitration provision and class action waiver, which affect your legal rights. Please read Sections 19 and 20 carefully.

Last Updated: 9/15/2026

Eligibility and Account Registration

Age Requirement: You must be at least 18 years of age to use Magicdesk AI.

By creating an account or using our service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. We do not knowingly collect information from or direct our services to individuals under 18 years of age. If we discover that a person under 18 has provided us with personal information, we will promptly delete such information.

If you are using our service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete, including misrepresentation of age.

Service Description

Magicdesk provides AI-powered call management services for restaurants on an "AS IS" and "AS AVAILABLE" basis, including but not limited to:

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Automated call answering and order processing using artificial intelligence
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Integration with third-party delivery platforms and POS systems
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Call recording, transcription, and AI-powered analytics
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Customer support, training, and consultation services
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Multi-language support and accessibility features
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Real-time order management and customer communication

AI Disclosure: Our service utilizes artificial intelligence, machine learning, and automated decision-making technologies. While we strive for accuracy, AI systems may occasionally make errors. You acknowledge that AI-processed orders and interactions may require human review and that you maintain ultimate responsibility for order accuracy and customer service quality.

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with 30 days notice or immediately for security, legal compliance, or technical reasons.

User Responsibilities and Prohibited Uses

As a user of our service, you agree to:

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Provide accurate and current information about your restaurant
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Maintain the security of your account credentials and accept all responsibility for activities under your account
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Use the service only for lawful business purposes
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Comply with all applicable federal, state, local, and international laws and regulations
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Obtain and maintain all necessary consents for call recording in accordance with applicable laws
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Pay all fees and charges associated with your account

You are prohibited from:

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Reverse engineering, decompiling, or attempting to discover the source code of our service
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Using the service to transmit malware, viruses, or harmful code
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Interfering with or disrupting the service or servers
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Using automated systems or software to extract data from the service
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Violating any third-party rights or our policies

Payment Terms

Subscription Fees

You agree to pay all subscription fees and charges incurred under your account. Fees are billed in advance and are non-refundable except as required by law. We reserve the right to change our fees upon 30 days' notice.

Price changes. Magicvisor, LLC (and its products including MagicSite and MagicService.pro) may increase, decrease, or restructure prices, plan features, add-ons, usage credits, overage rates, support tiers, or related commercial terms for any lawful reason, including without limitation: cost of infrastructure, third-party services, labor, compliance, taxes, inflation, product improvements, market conditions, abuse prevention, or changes in service scope. Unless a written order form states otherwise, changes take effect after the notice period for the next billing cycle. Continued use after the effective date constitutes acceptance of the updated pricing.

Marketing Metrics and Results

Any metrics, ranges, case examples, screenshots, or performance claims shown on our websites, demos, sales materials, or dashboards (including statements about lead volume, conversion, call answer rates, time-to-launch, or revenue) are illustrative only. They are based on selected current businesses, product capabilities, and assumptions at the time published. Results vary business to business and may change over time. Nothing on our sites is a guarantee, warranty, or promise of specific outcomes for your company.

Late Payments

Past due accounts may be subject to immediate suspension of service. We reserve the right to charge interest on past due amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys' fees.

Taxes

You are responsible for all applicable taxes, duties, and assessments (excluding taxes on our net income). If we are required to collect or pay taxes, the taxes will be invoiced to you.

Warranty Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAGICDESK AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
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WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
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WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
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WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
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WARRANTIES OR GUARANTEES OF LEAD VOLUME, RANKINGS, REVENUE, BOOKINGS, CALL VOLUME, OR ANY OTHER BUSINESS PERFORMANCE METRIC

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAGICDESK AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

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ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
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LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
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SERVICE INTERRUPTIONS, SYSTEM FAILURES, OR TECHNICAL MALFUNCTIONS
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ERRORS, MISTAKES, OR INACCURACIES IN ORDER PROCESSING
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THIRD-PARTY PLATFORM FAILURES OR INTEGRATION ISSUES
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UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
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ANY MATTER BEYOND OUR REASONABLE CONTROL

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Magicvisor LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with: (i) your use of the service; (ii) your violation of these Terms; (iii) your violation of any third-party rights; (iv) your violation of any applicable laws; or (v) any misrepresentation made by you. We reserve the right to assume exclusive control of the defense of any claim subject to indemnification, and you agree to cooperate with our defense of such claims.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation.

Service Level Agreement

Uptime Commitment

We strive to maintain 99.5% uptime for our service, measured monthly, excluding scheduled maintenance. Service credits, if any, are the sole remedy for any failure to meet uptime commitments.

Support Response

We provide technical support during business hours. Response times are targets only and do not constitute guarantees or warranties.

Intellectual Property

All intellectual property rights in the service, including but not limited to software, algorithms, know-how, logos, trademarks, trade names, and content, are and remain the exclusive property of Magicvisor LLC or its licensors. You receive only a limited, non-exclusive, non-transferable, revocable license to use the service in accordance with these Terms.

You retain ownership of your restaurant data and customer information ("Your Content"). By using our service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving the service.

Any feedback, suggestions, or ideas you provide about the service may be used by us without any obligation to you.

Data Protection and Privacy

We process personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Key obligations include:

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You warrant that you have obtained all necessary consents for call recording and data processing under applicable laws including TCPA, GDPR, CCPA, PIPEDA, and local recording consent laws
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You are solely responsible for compliance with all applicable privacy and data protection laws in your jurisdiction and customer locations
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We act as a data processor for customer data you submit through the service and maintain appropriate data processing agreements
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You must notify us immediately of any data breach, security incident, or regulatory inquiry
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International data transfers comply with Standard Contractual Clauses (SCCs) and applicable transfer mechanisms
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You acknowledge and accept that AI processing may involve cross-border data transfers to our service providers

Accessibility and Non-Discrimination

We are committed to providing accessible services and complying with disability rights laws:

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Our service strives to comply with WCAG 2.1 AA accessibility guidelines
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We provide accommodations for users with disabilities upon request
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You agree to maintain non-discriminatory practices in your use of our service
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AI systems are designed to avoid discriminatory outcomes, though you maintain responsibility for fair customer treatment

If you experience accessibility issues or require accommodations, contact us at hello@magicdesk.ai with subject line “Accessibility Accommodation Request”.

Industry-Specific Compliance

Food Service Regulations

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You remain responsible for all food safety, health department, and restaurant licensing requirements
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Our service does not provide food safety advice or guarantee compliance with health regulations
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You must verify allergen information and dietary restrictions independently of our AI system

Telecommunications Compliance

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All call recording complies with applicable one-party and two-party consent laws
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TCPA compliance measures are implemented for SMS and automated calling features
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You warrant that you have proper business registration for commercial telephone use

Payment Processing Security

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Payment processing adheres to PCI DSS Level 1 compliance standards
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We do not store complete credit card information and use tokenization for security
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You remain responsible for your merchant account compliance and chargeback management

DMCA Compliance

We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information:

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A physical or electronic signature of the copyright owner
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Identification of the copyrighted work claimed to be infringed
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Identification of the allegedly infringing material
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Your contact information
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A statement of good faith belief and accuracy

DMCA notices should be sent to: hello@magicdesk.ai

Export Controls and Sanctions

You may not use, export, or re-export the service in violation of U.S. export laws and regulations or any applicable laws in your jurisdiction. You represent that you are not on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country subject to U.S. government embargo.

Termination

Termination by You

You may terminate your account at any time with 30 days written notice. You remain responsible for all charges incurred through the end of your billing period. No refunds will be provided for partial months.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, non-payment, or if we determine that continued service poses a risk to our systems, other users, or violates applicable law.

Effect of Termination

Upon termination, your right to use the service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or the service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

The parties shall each bear their own costs and expenses and an equal share of the arbitrator's fees. You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to hello@magicdesk.ai.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MAGICDESK AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Magicdesk agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

International Compliance and Multi-Jurisdictional Terms

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions, except where local mandatory consumer protection laws apply.

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EU Users: EU consumer protection laws and GDPR apply where they provide greater protection
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UK Users: UK Consumer Rights Act and Data Protection Act 2018 apply
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Canadian Users: PIPEDA and provincial privacy legislation apply
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Australian Users: Privacy Act 1988 and Australian Consumer Law apply
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California Users: CCPA/CPRA and other California consumer protection laws apply

International Trade Compliance

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Service is subject to US export controls and economic sanctions
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Users warrant they are not on any restricted parties lists
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Service may be restricted in certain countries due to local laws

Language and Translation

These Terms are originally drafted in English. Any translations are provided for convenience only. In case of conflicts, the English version shall prevail, except where local law requires otherwise.

Enhanced Liability and Risk Management

AI-Specific Disclaimers

IMPORTANT AI LIMITATIONS: You acknowledge and agree that:

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AI systems may misunderstand customer requests, make transcription errors, or provide incorrect responses
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You maintain full responsibility for order accuracy, pricing, and customer service quality
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Human oversight is required for complex orders, complaints, and sensitive customer interactions
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AI-generated content or responses do not constitute professional advice

Business Continuity

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Service interruptions may occur due to maintenance, updates, or technical issues
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You should maintain backup systems and processes for critical business operations
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We provide no guarantee of continuous availability or specific uptime percentages

Insurance and Risk Transfer

You agree to maintain appropriate business insurance including general liability, cyber liability, and professional liability coverage. You agree to include us as an additional insured where possible and to not seek recovery from us for losses covered by your insurance.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Magicdesk regarding the service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Notice

All notices must be in writing and will be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the addresses provided.

Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes via email or through our service at least 30 days before they take effect. Your continued use of the service after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the service.

Contact Information

For questions about these Terms, please contact us at:

Email: hello@magicdesk.ai

Phone: 517-5234-5551

Address: Magicvisor LLC

Attention: Legal Department

Reference: Terms of Service Inquiry