Terms and Conditions

 

Thank you for using Mago.

Please read these Terms carefully. By using Mago or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Mago (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Mago (“Mago,” “we,” or “us”) is a service that helps moving professionals connect and collaborate (the “Service”) offered through the URL www.magoapp.com (we’ll refer to it as the “Website”) and a mobile application available through various mobile app stores (we’ll refer to it as the “App”) that allows you to, among other thing, connect with other professionals in the moving industry and coordinate discrete independent contractor relationships. Mago is a Colorado limited liability company whose legal name is Kinski Tech LLC d/b/a Mago. Mago has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. By accessing or otherwise interacting with our servers, services, websites, mobile application, or any associated content/postings (together, "Mago Services"), you agree to these Terms of Use If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Mago uses Google Maps to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

Account

1. Eligibility

In order to use the Service, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;

  2. complete the registration process;

  3. agree to these Terms; and

  4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Mago may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

When you sign up for the Service and agree to these Terms, the Agreement between you and Mago is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Mago account, use Mago, or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Register” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or Mago may terminate the Agreement at any time and for any reason by terminating your Mago account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time, and we may discontinue the Website, the App, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Mago is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Mago.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

Payment

7. Credit Cards

As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

8. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Rights

9. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

10. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

Rules and Abuse

11. General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You won’t use the Service for any purpose other than to connect and collaborate with others in the moving industry for the professional purposes.

  2. You agree not to copy/collect Mago content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).

  3. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited.

  4. You agree not to collect Mago user information or interfere with Mago. 

  5. You agree we may moderate Mago access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.

  6. You will not uploaded any photos to any Mago Service may be sexually explicit or in any way inappropriate. Mago, in its discretion, will determine if any photo, statement, or other content violates this provision.

  7. You will not use the Service for the purposes of harassing other Users.

  8. You will not use the Service to gather any information about competitors.

  9. You will not use the Service to coordinate pricing or in any way violated federal anti-trust laws.

If you violate any of these rules, then we may suspend or terminate your account.

12. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately at info@magoapp.com.

13. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section 15.

Liability

14. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website, the App, and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation. Any injuries, torts, workman compensation claims, or any other cause of action arising from work or relationships connected by use of the Service will be solely the liability of the Users.

Mago in no way guarantees payment for any work performed in connection with the Service and expressly disclaims any liability for nonpayment. All legal claims for nonpayment by another User are expressly disclaimed and may only be pursued against such User.

15. No Warranties

To the maximum extent permitted by law, we provide the Website, the App, and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

16. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your use of the Service, (b) your violation of any laws or regulations, (c) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (d) any misrepresentations made by you, (e) a breach of any representations or warranties you’ve made to us, or (f) any nonpayment or other claim arising from economic arrangements entered into through the Service.

17. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

18. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

19. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

20. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

21. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

22. Choice of Law

The State of Colorado’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Denver, Colorado, and each party will be subject to the jurisdiction of those courts.

23. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

24. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

25. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

26. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

27. Amendments and Waiver

Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. We may modify the Terms at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Mago.

28. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

29. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

30. Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

31. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Mago, _________________________, or any addresses as we may later post on the Website.

32. Entire Agreement

The Agreement is the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement.

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Thanks for taking the time to learn about Mago’s policies.

Updated May 10, 2019.