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Terms of Service

MagicView Terms and Conditions

Effective Date: November 7, 2025

Last Updated: November 7, 2025

Welcome to MagicView ("MagicView," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of MagicView's services, including our website, digital platforms, and billboard advertising services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our Services.

1. Eligibility

By engaging MagicView, you represent that you are legally authorized to bind your company or organization to these Terms.

If you are acting on behalf of a company, "you" refers to that company and its authorized representatives.

2. Services Overview

MagicView provides businesses with out-of-home (OOH) advertising opportunities. Our Services may include:

  • Leasing physical or digital billboard space.
  • Campaign setup, scheduling, and monitoring.
  • Creative design and production (if requested).
  • Digital analytics and performance insights.

All advertising placements are subject to MagicView's approval and available inventory.

3. Booking and Advertising Content

  1. Submission: Final advertising materials must be submitted at least 10 business days before the scheduled display date.
  2. Approval: MagicView reserves the right to reject, suspend, or remove any advertisement that:
    • Violates laws, regulations, or advertising standards.
    • Contains offensive, defamatory, or misleading content.
    • Infringes on intellectual property or privacy rights.
    • Competes directly with MagicView's core services.
  3. Modifications: MagicView may request edits to ensure compliance with technical or legal requirements.
  4. Display Schedule: Campaign start and end dates will be confirmed in writing. Any changes require written approval from both parties.

4. Payment Terms

  1. Rates: All prices are quoted in U.S. dollars and exclusive of applicable taxes.
  2. Billing: Customers are billed monthly. The first month's payment and any applicable install fees are charged at checkout. Subsequent monthly charges will continue automatically.
  3. Commitment Periods: When you select a commitment period (1, 3, or 6 months), you agree to maintain your subscription for that duration. Longer commitment periods (3 or 6 months) receive discounted monthly rates (15% and 25% off respectively). You are committed to paying monthly for the selected period. After the commitment period ends, billing continues monthly at the same discounted rate until you cancel.
  4. Taxes: You are responsible for all applicable sales, use, or excise taxes related to your purchase.

5. Cancellations and Refunds

  1. Before Campaign Start: Cancellations made more than 15 days prior to the campaign start date may receive a refund minus administrative and reservation fees.
  2. Within 15 Days or After Start: No refunds will be issued for cancellations within 15 days of the campaign start date or after the campaign has begun.
  3. Force Majeure: MagicView is not responsible for delays, interruptions, or cancellations caused by events beyond our control (e.g., natural disasters, power outages, government restrictions).

6. Digital Analytics and Data Use

  1. Campaign Analytics: MagicView may collect and provide aggregated performance data such as estimated impressions, traffic metrics, and engagement levels.
  2. Data Ownership: You retain ownership of your advertising content. MagicView owns all collected performance data but may share relevant insights with you for reporting purposes.
  3. Data Privacy: MagicView complies with the California Consumer Privacy Act (CCPA) and other applicable privacy laws. Personal information collected for campaign purposes will be used solely for providing and improving our Services.
  4. Third-Party Tools: Some analytics may be provided through third-party vendors. By using our Services, you consent to such use.

7. Intellectual Property

  1. Your Content: You grant MagicView a non-exclusive, worldwide, royalty-free license to use, reproduce, and publicly display your ad content for campaign execution, quality control, and promotional purposes (e.g., portfolio samples).
  2. Our Property: All MagicView trademarks, logos, and proprietary materials remain our sole property. No license or right is granted except as expressly provided.

8. Compliance and Responsibility

You are solely responsible for ensuring your advertisements comply with all applicable laws, regulations, and third-party rights, including:

  • Truth in advertising standards.
  • Copyright and trademark laws.
  • Privacy and publicity rights.

MagicView assumes no liability for claims related to your content.

9. Limitation of Liability

To the fullest extent permitted by California law:

  • MagicView shall not be liable for any indirect, incidental, consequential, or special damages (including loss of revenue, profits, or goodwill).
  • Our total liability for any claim shall not exceed the total fees paid by you for the specific campaign giving rise to the claim.

Some jurisdictions do not allow such limitations; in those cases, liability will be limited to the maximum extent permitted.

10. Indemnification

You agree to indemnify, defend, and hold harmless MagicView, its officers, employees, contractors, and affiliates from any claims, damages, or expenses arising out of:

  • Your ad content or campaign materials.
  • Your breach of these Terms.
  • Any violation of law or third-party rights.

11. Confidentiality

Both parties agree to maintain the confidentiality of non-public business or technical information shared in connection with the Services, except as required by law.

12. Termination

MagicView may terminate or suspend Services at any time for:

  • Breach of these Terms.
  • Non-payment.
  • Conduct that damages MagicView's reputation or violates applicable law.

Upon termination, any outstanding amounts will become immediately due.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any disputes arising under these Terms shall be resolved through binding arbitration in San Francisco County, California, in accordance with the rules of the American Arbitration Association (AAA).

Each party shall bear its own legal fees unless otherwise required by law.

14. Changes to Terms

MagicView may revise these Terms from time to time. Updated versions will be posted on our website with a new "Last Updated" date. Continued use of our Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact Information

For any questions regarding these Terms or your campaign:

MagicView, Inc.

3501 Breakwater Ct. Hayward, CA, 94545

Email: evan@magicview.com