DRAFT — NOT LEGAL ADVICE — counsel must review before go-live
Magic Sites Terms of Service
Last updated: 2026-04-23
Jurisdiction / governing law: [STATE TBD BY COUNSEL] (open question from CNA-47: Delaware vs Puerto Rico / Act 60)
Counsel TODO:
- Confirm governing-law and venue (Delaware GC vs PR Act 60 decree interplay).
- Confirm liability cap formulation (flat $100 vs 12-month fees paid, “greater of” vs “lesser of”).
- Confirm DMCA designated agent name + address for USCO registration.
- Confirm notice period for ToS changes (default drafted at 30 days).
- Confirm arbitration vs court; class-action waiver enforceability in CA and AU.
- Confirm entity: “Magic Life LLC” d/b/a “Magic Sites” — verify d/b/a is registered where required.
1. Overview and acceptance
These Terms of Service (“Terms”) govern your use of Magic Sites (the “Service”), a website-building and hosting platform operated by Magic Life LLC (“AMS”, “we”, “us”). By creating an account, clicking “I agree”, or using the Service, you (“Customer”, “you”) agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
2. Service description
Magic Sites is a hosted website platform built on the Cloudflare developer platform. The Service includes website authoring tools, hosting, CDN, first-party plugins (authentication, payments, analytics, transactional email), and optional AI-assisted features. Specific feature availability depends on your subscription tier.
3. Accounts
- You must provide accurate registration information and keep it current.
- You are responsible for safeguarding credentials and for all activity under your account.
- Accounts are for users 13 years of age or older (18+ where required by local law).
- One account per person or organization; sharing is permitted within a tenant but not across tenants.
4. Payment terms
- Subscriptions are billed monthly or annually in advance via Stripe.
- Fees are non-refundable except as stated in the Refund Policy (see
refund-policy.md). - Taxes are the Customer’s responsibility unless we are legally required to collect them.
- Failed payments: we may suspend the Service after a reasonable grace period and provide notice.
- Price changes take effect at the next renewal with at least 30 days’ written notice.
5. Cancellation
You may cancel at any time from account settings. Cancellation takes effect at the end of the current billing period. See refund-policy.md for the 30-day reactivation grace period.
6. User conduct
You agree not to violate the Acceptable Use Policy (acceptable-use-policy.md). Violations may result in suspension or termination.
7. Intellectual property
- Customer content. You own all content you upload, create, or publish through the Service (“Customer Content”). You grant AMS a worldwide, non-exclusive, royalty-free license to host, cache, transmit, and display Customer Content solely to operate the Service.
- AMS platform. AMS owns all rights in the Service, including the Magic Sites software, platform, plugins, templates, and documentation. No rights are granted except those expressly stated in these Terms.
- Feedback. If you provide feedback or suggestions, AMS may use them without obligation to you.
- Trademarks. “Magic Sites”, “Magic Life”, and associated logos are trademarks of AMS.
8. Third-party services and sub-processors
The Service relies on sub-processors listed in sub-processors.md. Your use of the Service is subject to those providers’ terms as applicable.
9. Termination
- By Customer. Any time, per Section 5.
- By AMS. For material breach after a reasonable cure period, for AUP violations (immediate for severe violations), or for non-payment.
- Effect. Upon termination, access ends and Customer Content is handled per the Privacy Policy retention schedule and the DPA.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, error-free, or secure against every threat.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE FEES PAID BY CUSTOMER TO AMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. AMS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.
Some jurisdictions do not allow these limitations; in such cases, liability is limited to the maximum extent permitted by law.
12. Indemnification
You will defend, indemnify, and hold harmless AMS and its officers, employees, and agents from any third-party claims arising out of (a) your Customer Content, (b) your use of the Service in violation of these Terms or the AUP, or (c) your violation of applicable law.
13. DMCA / copyright
If you believe content on the Service infringes your copyright, send a notice to our designated agent under 17 U.S.C. § 512(c):
- Designated Agent:
[COUNSEL TO CONFIRM NAME] - Email:
dmca@auramediastudios.com - Mailing address:
[ADDRESS TBD BY COUNSEL]
Include all elements required by the DMCA. We may remove or disable content and terminate repeat infringers.
14. Changes to these Terms
We may update these Terms. Material changes will be announced with at least 30 days’ notice by email and in-product notice. Continued use after the effective date constitutes acceptance.
15. Governing law and disputes
These Terms are governed by the laws of [STATE TBD BY COUNSEL], excluding conflict-of-laws rules. Venue: [VENUE TBD BY COUNSEL]. Nothing limits statutory consumer rights under GDPR (EU), CCPA/CPRA (California), or the AU Privacy Act for data subjects in those jurisdictions.
16. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, DPA, AUP, Sub-processors list, and Refund Policy constitute the entire agreement.
- Severability. If any provision is unenforceable, the rest remain in effect.
- Assignment. You may not assign without our consent; we may assign to an affiliate or successor.
- Notices. To AMS:
legal@auramediastudios.com. To Customer: the email on file.
17. Contact
Magic Life LLC — legal@auramediastudios.com — [ADDRESS TBD BY COUNSEL]