Terms of Use

This agreement

This is an agreement between you and Magemcy (“Magemcy”, “we”, “us”). By using the website or the service you accept these terms. If you are accepting on behalf of an organisation, you confirm you can bind it, and “you” means that organisation.

Our Privacy Notice, Acceptable Use Policy and Cookie Policy form part of these terms. Where you process personal data through Magemcy as a controller, our Data Processing Addendum also applies.

Accounts and workspaces

You need a verified email address to use the service. You are responsible for what happens under your account and for keeping your credentials safe. Tell us promptly if you think an account has been compromised.

A company workspace is created by one person, who becomes its owner and can invite others and set their roles. The organisation, not the individual, owns the workspace and its data. Ownership can be transferred inside the product. Anyone with a role in a workspace can see the data their role permits, so choose roles deliberately.

You must be at least 16, and you must not share one account between several people.

Plans, billing and cancellation

Magemcy has a free plan and paid subscriptions. What each includes is described on our pricing page, and current prices are shown at checkout before you pay. Nothing said by a support agent or by our assistant changes the price or the terms, the checkout page and this agreement do.

• Subscriptions renew automatically for the same period until cancelled.
• Payment is taken by Stripe. We never receive or store your card details.
• You can cancel at any time from your billing settings. Cancellation takes effect at the end of the paid period, and you keep access until then.
• Except where the law requires otherwise, fees already paid are not refundable. If something has gone wrong, talk to us: we would rather sort it out.
• Free trials convert to a paid subscription at the end of the trial unless cancelled first.
• We may change prices, with at least 30 days’ notice before they affect your next renewal.
• Taxes are your responsibility unless we are obliged to collect them.

Downgrading may make features unavailable and may restrict data created while you were on a higher plan. Export before you downgrade if that matters to you.

Paying a vendor invoice by card

A vendor may offer to be paid by card through Magemcy. When a buyer uses that option, the payment is processed by Stripe and settled to the vendor’s own Stripe account; Magemcy never holds the vendor’s money as its own. For a vendor registered in the same country as our Stripe platform account, Magemcy is the merchant of record for that card payment; for a vendor registered elsewhere, the payment is processed on the vendor’s own Stripe account and the vendor is the merchant of record. The invoice itself, and the goods or services behind it, are a contract between the buyer and the vendor alone.

• Magemcy keeps a platform fee, a percentage of each card payment shown to the vendor before they offer card payment on an invoice and recorded on the invoice once it is paid. Stripe’s card processing cost is included in that fee, not added to it.
• Refunds are made through the platform at the vendor’s or our request and are taken from the vendor’s payout balance; the platform fee on the refunded amount is returned to the vendor.
• If a buyer’s bank disputes a card payment, the disputed amount is held from the vendor’s payout while the dispute is decided, and the vendor is responsible for responding to it with evidence through Stripe. A dispute the vendor loses is recovered from the vendor.
• Card payments are optional on both sides. Bank transfer, recorded on the invoice by the buyer, remains available for every invoice.

Acceptable use

The full list is in our Acceptable Use Policy. In short: do not break the law, do not upload malware or infringing material, do not misrepresent who you are, do not try to reach data that is not yours, do not scrape or overload the service, and do not use it to send unsolicited bulk email.

Automated access, including scraping the vendor marketplace, is not permitted without our written agreement.

Your content

Your data stays yours. You give us the licence we need to host, process, transmit and display it in order to run the service for you, and no more. We do not use your business data to train AI models.

You are responsible for having the right to upload what you upload, including any personal data about your suppliers’ staff, and for its accuracy. You can export your data and delete your account from within the product.

Vendors and the marketplace

Magemcy connects buyers and suppliers; it is not a party to what they agree. We do not verify vendors’ claims, certificates or capabilities, we do not guarantee that any tender attracts responses, and we are not responsible for the performance, quality or legality of anything bought or sold through it. Ratings are the opinions of the buyers who left them.

If you list on the marketplace, you confirm the information you publish is accurate and that you may publish it.

AI features

Magemcy includes AI-assisted bid evaluation and an AI assistant. Both can be wrong. AI output is informational only: it is not advice, not a decision, and not a warranty about anything. A person must review it before acting, and no award, order or payment happens automatically.

Our assistants cannot agree prices, discounts, service levels or contract terms on our behalf, and nothing an assistant says binds us. Detail is on our AI disclosure.

Availability and changes

We work to keep Magemcy available and to warn you before planned maintenance, but we do not commit to a specific level of availability under these terms. Our approach to resilience is described on our business continuity page.

We may change or discontinue features. Where a change materially reduces a paid feature you rely on, we will give reasonable notice.

We may update these terms. Material changes will be notified by email or in the app before they take effect; continuing to use the service afterwards means you accept them.

Suspension and termination

You can stop using Magemcy at any time and delete your account from within the product. We may suspend or terminate access if you materially breach these terms, if your use puts the service or other users at risk, if payment fails, or if we are required to by law. Where circumstances allow it, we will tell you first and give you a chance to put it right.

After termination you can request an export for a reasonable period; after that, data is deleted on the schedule in our Privacy Notice.

Disclaimers

The service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that AI output will be accurate.

Nothing here excludes liability that cannot lawfully be excluded.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, goodwill or data, however caused.

Our total liability arising out of or relating to these terms is limited to the greater of the amounts you paid us in the twelve months before the claim, or one hundred US dollars.

These limits apply even if a remedy fails of its essential purpose, and they do not apply to your payment obligations, to either party’s indemnity obligations, or to liability that cannot lawfully be limited.

Indemnity

You will defend and indemnify us against third-party claims arising from your content, your use of the service in breach of these terms, or your violation of law or of another’s rights. We will tell you promptly about any such claim and let you control the defence, provided any settlement releases us fully.

Governing law and disputes

These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. The courts of the State of Florida have exclusive jurisdiction, and both parties consent to that venue.

Before filing anything, please contact us and give us 30 days to resolve it, most disputes end there.

If you are a consumer resident somewhere with mandatory local protections, nothing here removes them.

General

These terms, with the policies they reference, are the whole agreement between us on this subject. If a provision is unenforceable, the rest stands. Not enforcing something is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. There are no third-party beneficiaries.

Questions: our legal contact.