Terms of Service

1. Introduction

ReelMagic (“ReelMagic”, “we”, “our”, “us”) is owned and operated by Dunstan Mercer (ABN 57183733024). Please carefully read the following pages. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://reelmagicapp.com, https://reelmagic.xyz, or any other domain representing ReelMagic. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing us at support@reelmagicapp.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service. Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@reelmagicapp.com.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, default of payment, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ReelMagic cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team. A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide ReelMagic with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize ReelMagic to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, ReelMagic will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice. If you are eligible for a discount, please note that you cannot use more than one (1) discount per subscription.

5. Free Trial

ReelMagic may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by ReelMagic until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, ReelMagic reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee Changes

ReelMagic, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. ReelMagic will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds

All monthly and annual purchases are non-refundable. ReelMagic offers a feedback program which rewards users with free credits for providing feedback which helps to improve our product, including identifying bugs and issues - learn more about our feedback program here. However, if you believe you have a valid reason for a refund, you can contact us at support@reelmagicapp.com within 14 days of your purchase to discuss your situation. You can cancel your subscription at any time through your account page by clicking “Manage Billing”. Your cancellation will take effect at the end of the current billing period, and you will not be charged for subsequent periods. Please note that refunds are only available in cases where there is a clear error or fault in the service provided. We reserve the right to review and approve all refund requests on a case-by-case basis. If you are eligible for a refund, it will be processed within 14 days of approval, and the amount will be credited to your original method of payment. For any issues or questions regarding refunds or cancellations, please contact our support team at support@reelmagicapp.com.

8. Content

Our Service allows you to store, create, edit, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, including any content created using ReelMagic, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. ReelMagic has the right but not the obligation to monitor and edit all Content provided by users. To opt out of ReelMagic using your Content for any reason, email support@reelmagicapp.com from the address linked to your ReelMagic account. State clearly you do not consent to use of your Content. We will then not use it without your written consent. Without opt-out, we retain the license to use Content as promotional case studies. Users of services provided by ReelMagic may also use our artificial intelligence technology or copywriting services to obtain new Content. If this is your case, you are responsible for using this Content and will be responsible for ensuring that this content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. In certain use cases, our artificial intelligence may create content that is deemed inappropriate or offensive. ReelMagic will not be held legally responsible if that happens. ReelMagic strictly prohibits the generation of any content that is pornographic, sexually explicit, violent, hateful, or otherwise not safe for work (NSFW). Users are not permitted to use our services to create adult-only or NSFW material under any circumstances. Accounts found in violation of this policy may be immediately terminated without warning. When you upload or post content to our Applications, you confirm that you:

• Have the legal right to do so;
• Are not prevented from doing so (for example, by any applicable law or confidentiality obligations);
• Are not acting in violation of the intellectual property rights (including moral rights) of any person (which includes natural persons and bodies of persons - corporate or unincorporate), or their right to privacy, when doing so;
• Have the explicit consent to do so from the people featured in your videos (or similar) and agree to supply their explicit written consent which you obtained on our request; and
• Have the explicit consent to do so when your video (or similar) features places that require permission to be sought in order to be featured.

You warrant that any such contribution by you (by uploading your content to our Applications) complies with these terms, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Applications constitutes a violation of their intellectual property rights or of their right to privacy. We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Applications.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or an agent thereof, and you believe that any Content infringes your copyright, please submit a notification to us, requesting that we remove the infringing Content. To be effective, your notification must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

10. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

11. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of ReelMagic and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of ReelMagic.

12. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by ReelMagic. ReelMagic has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ReelMagic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party websites or services that you visit.

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Indemnification

You agree to defend, indemnify, and hold harmless ReelMagic and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of or inability to use the Service, any content you post, your violation of these Terms, or your violation of any rights of another party.

15. Limitation of Liability

In no event shall ReelMagic, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall ReelMagic be liable for any damages arising from or related to your use of our service in excess of the amount paid by you, if any, for using our service during the period immediately preceding the event giving rise to such liability.

16. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. ReelMagic, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the courts located in Australia, and you consent to the jurisdiction of such courts.

18. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

19. Payments and Billing

19.1 Payment Processing

ReelMagic uses Stripe as our third-party payment processor to handle all billing and payment transactions. By making a purchase or subscribing to our services, you acknowledge and agree that Stripe’s Terms of Service and Privacy Policy will apply to all transactions. You can review Stripe’s Terms of Service here and their Privacy Policy here.

19.2 Payment Information

When you make a purchase or subscribe to our services, you may be required to provide certain payment information, including but not limited to your credit card details. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase.

19.3 Payment Failures

If your payment method fails or if your payment is otherwise declined, we reserve the right to suspend or terminate your access to the Service until the payment issue is resolved. It is your responsibility to ensure that your payment information is up to date and that there are sufficient funds to cover the payment.

19.4 Billing Disputes

If you believe there has been an error with your billing or if you have any questions or concerns regarding charges on your account, please contact our support team at support@reelmagicapp.com. We will work with Stripe to resolve any billing issues and provide you with the necessary support.

19.5 Troubleshooting and Support

For issues related to payments or transactions handled by Stripe, you may also visit Stripe’s support resources here. For additional assistance or if you need further help with billing-related issues on our end, please reach out to our support team.

20. Contact Us

If you have any questions about these Terms, please contact us at support@reelmagicapp.com.