TERMS OF SERVICE

Last Updated as of March 24, 2025
1. TERMS OF USE AGREEMENT

This Terms of Use Agreement ("Agreement"), along with our Company Privacy Policy (https://api.market/privacy_policy), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and MagicAPI Inc, doing business as Noveum.ai, API.market, and BridgeML, and its affiliated companies, websites, applications and tools (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of the https://api.market website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Sites").

The Sites provide the following service: API.market is a professional business-to-business (B2B) marketplace for APIs, offering features including API discovery, authentication of API calls, customer usage tracking, API log ownership, direct customer support, billing and payments processing, and customized pricing plans ("Company Services"). Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Sites is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services. If you are a minor, you are strictly prohibited from using the Sites, sending us any personal information, or providing any information about yourself.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

2. BUSINESS USE ONLY

API.market is a professional business-to-business (B2B) marketplace designed exclusively for commercial and professional use. By accessing or using our Services, you represent and warrant that you are using the Services for business or professional purposes only and not for personal, household, or consumer use.

You further acknowledge and agree that your use of the Services is intended to facilitate legitimate business operations related to API discovery, integration, and implementation. Consumer protection laws and regulations that apply to consumer transactions may not be applicable to your use of the Services.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

To access certain features of the Sites, you may be required to register for an account. When you register for an account, you agree to the following:

A. You must be at least 18 years of age to register for an account and use the Services. The Company Services are not intended for and explicitly prohibit use by anyone under the age of 18.

B. You will provide true, accurate, current, and complete information about yourself as requested in the registration form.

C. You will maintain and promptly update your registration information to keep it accurate, current, and complete.

D. You are responsible for maintaining the confidentiality of your password and account information.

E. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

F. You will immediately notify us of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If we suspect that your account has been used by someone under the age of 18, we reserve the right to immediately terminate your account.

4. PURCHASES AND PAYMENT TERMS

API.market offers various payment plans, including free trials and subscription-based services. The duration of any free trial period and all other details of the offer will be posted on our Sites.

By subscribing to our paid services, you agree to the following:

A. You will be billed through an online billing account for our Services.

B. You authorize API.market to charge your chosen payment provider for purchases made by you or others using your billing account.

C. For recurring charges, you agree to us charging your payment method on a recurring basis without requiring your prior approval for each charge until such time as you cancel the applicable service.

D. All payments shall be in U.S. dollars unless otherwise specified.

E. Sales tax will be added to the sales price of purchases as deemed required by Company.

Company reserves the right to correct any errors or mistakes in pricing, even if payment has already been requested or received. Company may change prices at any time without notice.

For API providers (sellers), payment processing schedules, fee structures, and other financial terms will be outlined in a separate agreement or documented in the provider dashboard.

5. REFUND AND CANCELLATION POLICY

Our refund and cancellation policies are as follows:

A. Subscription services may be canceled at any time through your account settings or by contacting customer support.

B. Canceled subscriptions will remain active until the end of the current billing cycle unless otherwise specified.

C. Usage-based API consumption fees are generally not refundable once the API has been used.

D. Refunds may be considered on a case-by-case basis for technical issues or service outages that prevent the use of purchased services.

6. PROHIBITED CONTENT AND ACTIVITIES

API.market is a professional B2B marketplace, and certain content and activities are explicitly prohibited. Users shall not use the Sites or Services to:

A. Process, transmit, or store any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, or sexually explicit ("NSFW content").

B. Process, store, or transmit any data related to children under the age of 18, including but not limited to personal information, images, or other content related to minors.

C. Violate any laws, regulations, or rights of third parties, including intellectual property rights, privacy rights, or data protection laws.

D. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

E. Engage in any activity that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites.

F. Attempt to gain unauthorized access to the Sites, other user accounts, or computer systems connected to the Sites.

G. Use the Sites or Services for any purpose that is unlawful or prohibited by these Terms.

H. Use the Sites or Services to develop, upload, or distribute malware, spyware, or other malicious code.

I. Engage in any automated use of the system, such as using scripts to send messages or upload content.

J. Interfere with or circumvent the security features of the Sites or Services.

K. Sell, resell, rent, lease, or otherwise commercially exploit the Services without our prior written consent.

Violation of any of these prohibitions may result in immediate termination of your account, revocation of access to the Sites and Services, and potential legal action.

7. EMAIL COMMUNICATIONS AND MARKETING

By creating an account on API.market, you expressly consent to receiving emails from us, including:

A. Transactional emails related to your account, purchases, API usage, subscription upgrades, invoices, and billing information.

B. Service-related announcements about updates, maintenance, or outages.

C. Promotional emails, including weekly newsletters, new API announcements, feature updates, special offers, and other marketing communications.

You may opt out of receiving promotional emails by following the unsubscribe instructions provided in each email, adjusting your communication preferences in your account settings, or contacting us directly. However, even if you opt out of promotional communications, you will continue to receive transactional and service-related emails that are essential to your use of our Services.

We will never sell, rent, or share your email address with third-party providers for their marketing purposes. However, we may analyze email engagement and interaction data internally to improve our Services and communications.

During the sign-up process, API.market requires verification of your email address through a one-time password (OTP) sent to your provided email. By completing this verification process, you are providing explicit double opt-in consent to receive communications from API.market as outlined above. This verification process is designed to ensure that you have intentionally provided your email address and have willingly consented to receive emails from us in compliance with applicable email and marketing regulations. You maintain the right to withdraw this consent at any time through the unsubscribe methods described above.

8. API USAGE AND LIMITATIONS

When using APIs available through API.market, you agree to the following:

A. You will comply with any rate limits, authentication requirements, and other technical specifications for each API.

B. You will not attempt to circumvent or bypass any usage limitations or security measures implemented by API providers or API.market.

C. You are responsible for securing your API keys, tokens, and other credentials, and you will not share these with unauthorized third parties.

D. You acknowledge that API availability and performance depend on various factors, including but not limited to internet connectivity, third-party service availability, and scheduled maintenance.

E. You will not use APIs to perform denial-of-service attacks, penetration testing, or other security assessments without explicit prior written permission from both API.market and the API provider.

API.market reserves the right to monitor API usage patterns and suspend access to APIs if we detect abusive or harmful activities.

9. DATA AND PRIVACY

API.market takes data privacy seriously. Please refer to our Privacy Policy (https://api.market/privacy_policy) for detailed information about how we collect, use, and protect your data. In addition to our Privacy Policy, you agree to the following:

A. You will not use the Sites or Services to collect, store, or process sensitive personal information without appropriate safeguards and compliance with applicable laws.

B. Any data you provide to API.market may be analyzed internally to improve our Services, troubleshoot issues, detect fraud, and enhance user experience.

C. We do not sell your personal data to third parties. However, when you use third-party APIs, your request data and other technical information may be visible to the third-party API provider.

D. You are responsible for ensuring that your use of APIs complies with applicable data protection and privacy laws in your jurisdiction.

E. API Traffic Logging: You acknowledge and agree that all API calls made through API.market are routed through our proxy infrastructure and that we log the full request and response data (including headers, bodies, and metadata) for billing accuracy, usage tracking, debugging, abuse prevention, and service improvement. Request and response bodies are automatically purged after a limited retention period (typically 30 days). After purging, we retain only metadata (timestamps, endpoints, status codes, latency, sizes, and billing-related information) for as long as necessary for billing, analytics, compliance, and dispute resolution.

F. No Sale of Data: We do not sell, rent, or trade your personal information or API usage data to any third party for any purpose.

10. INTELLECTUAL PROPERTY RIGHTS

The content on the Sites ("Company Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and/or other countries.

Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Content on the Sites is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners.

If you are an API provider, you retain ownership of your API, its documentation, and related materials. However, by making your API available through API.market, you grant us a non-exclusive, worldwide, royalty-free license to display, promote, and facilitate access to your API through our Sites and Services.

11. AI MODELS AND GENERATED CONTENT

API.market provides access to various AI models and APIs that can generate content based on user inputs. With respect to these AI capabilities:

A. Inherent Limitations: AI models have inherent limitations and may produce content that is inaccurate, biased, inappropriate, or unexpected. API.market does not guarantee the accuracy, quality, safety, suitability, or legality of any AI-generated content.

B. No Liability for Generated Content: You acknowledge and agree that API.market and its API providers are not responsible or liable for any content generated through the use of AI models available on the platform. This includes but is not limited to text, images, code, audio, video, or other media generated by AI models.

C. User Responsibility: You are solely responsible for reviewing, editing, and approving any AI-generated content before using it for any purpose. You must ensure that such content complies with all applicable laws, regulations, and rights of third parties.

D. Prohibited Use Cases: You shall not use AI models available through API.market to generate content that is illegal, deceptive, harmful, abusive, pornographic, discriminatory, or that violates the rights of others. This includes but is not limited to generating deepfake pornography, misinformation intended to cause harm, content that impersonates individuals without consent, or content that violates intellectual property rights.

E. Model Changes: AI models may change, be updated, or be modified over time, which may result in different outputs for similar inputs. API.market and its API providers reserve the right to modify, improve, limit, or discontinue AI models without prior notice.

By using any AI model or generation capability available through API.market, you assume all risks associated with the use of AI-generated content.

12. INTELLECTUAL PROPERTY FOR AI-GENERATED CONTENT

The ownership and intellectual property rights related to AI-generated content are governed by the following principles:

A. No Transfer of Underlying Models: Access to AI models through API.market does not transfer any ownership rights in the underlying AI models, algorithms, training data, or systems. These remain the exclusive property of their respective owners.

B. Output Ownership: Unless otherwise specified in an API provider's specific terms, you generally own the outputs generated by AI models through your use of the Services, subject to any underlying rights in the training data, pre-existing works, or third-party content.

C. Restrictions on Output: Your ownership of AI-generated outputs does not grant you any rights to the underlying AI models or technology, and you may not claim that AI-generated content is human-created if doing so would be misleading or deceptive.

D. Input Content: You must have all necessary rights to the content you input into AI models. By providing input content, you grant the API provider a license to use, reproduce, and process that content solely for the purpose of providing the AI service.

E. No Guarantee of Uniqueness: AI-generated content may be similar or identical to content generated for other users. API.market and its API providers do not guarantee that AI-generated content will be unique or exclusive to you.

You are responsible for determining the appropriate intellectual property protection for AI-generated content you use and for ensuring such use does not infringe upon the rights of others.

13. API MARKETPLACE PROTECTIONS AND LIMITATIONS

As a marketplace platform connecting API providers and consumers, API.market has established the following protections and limitations:

A. Marketplace Role: API.market functions as a technology platform that facilitates transactions between API providers and consumers. API.market is not the creator, developer, or provider of the third-party APIs available on the platform.

B. No Warranty for Third-Party APIs: While API.market makes reasonable efforts to ensure quality, we do not warrant or guarantee the performance, reliability, security, availability, accuracy, or completeness of any third-party API available through our platform.

C. No Liability for API Usage: API.market shall not be liable for any damages, losses, or consequences resulting from your use of any API available on our platform, including but not limited to business decisions, financial losses, or legal issues arising from such use.

D. API Discontinuation: API providers may modify, suspend, or discontinue their APIs at any time. API.market shall not be liable for any damages resulting from such modifications, suspensions, or discontinuations.

E. No Responsibility for Third-Party Actions: API.market is not responsible for how API providers process, store, or use data submitted through their APIs. Users should review the specific terms and privacy policies of each API provider.

F. Security Incidents: In the event of a security breach or incident involving a third-party API, API.market's liability is limited to taking reasonable steps to notify affected users and coordinating with the relevant API provider. API.market is not liable for any damages resulting from such incidents.

14. COMPLIANCE WITH AI REGULATIONS AND INDUSTRY STANDARDS

Users of API.market must comply with applicable laws, regulations, and industry standards governing AI technologies:

A. Regulatory Compliance: You are responsible for ensuring that your use of AI models and APIs complies with all applicable laws and regulations in your jurisdiction, including but not limited to regulations specifically governing AI, data protection, privacy, consumer protection, intellectual property, and export controls.

B. Emerging AI Regulations: You acknowledge that AI regulations are rapidly evolving, and you agree to monitor and comply with new regulations as they emerge. This may include requirements for transparency, explainability, human oversight, risk assessments, or limitations on certain AI applications.

C. Ethical AI Use: You agree to use AI models and APIs in an ethical manner that respects human dignity, autonomy, privacy, and fairness. You shall not use AI models in ways that discriminate against individuals based on protected characteristics such as race, gender, age, religion, sexual orientation, or disability.

D. Prohibited Applications: You shall not use AI models or APIs available through API.market for applications expressly prohibited by law, including but not limited to autonomous weapons, illegal surveillance, or technologies designed to cause harm.

E. Disclosure Obligations: If required by applicable law, you are responsible for properly disclosing to end users when they are interacting with AI systems, including providing appropriate notices and obtaining necessary consents.

F. Record-Keeping: You may be required to maintain records of your AI model usage for compliance, auditing, or accountability purposes as required by applicable regulations.

15. SECURITY REQUIREMENTS

To maintain the security and integrity of the API.market platform and services, you agree to comply with the following security requirements:

A. API Key Security: You are responsible for maintaining the confidentiality of all API keys, access tokens, and credentials. You must implement appropriate security measures to prevent unauthorized access to or use of your API keys.

B. Input Validation: When using AI models, you must implement appropriate input validation to prevent prompt injection attacks, data poisoning, or other security vulnerabilities that could compromise the AI system.

C. No Reverse Engineering: You shall not attempt to reverse engineer, decompile, or discover the source code, underlying algorithms, or training data of any AI model or API available through API.market.

D. Security Incident Reporting: You agree to promptly notify API.market of any security vulnerabilities, breaches, or incidents related to the Services that you discover or experience.

E. Compliance with Security Standards: If you process, store, or transmit sensitive data using APIs from our platform, you must comply with appropriate security standards and best practices relevant to your industry.

F. No Circumvention of Security Measures: You shall not attempt to bypass, disable, or circumvent any security measures implemented by API.market or its API providers.

16. THIRD-PARTY SERVICES AND CONTENT

The Sites may contain links to third-party websites and services, as well as content provided by third parties, including APIs offered by third-party providers. These third-party services and content are not under the control of API.market, and we are not responsible for:

A. The availability, functionality, or performance of third-party APIs or services.

B. The content, privacy policies, or practices of any third-party websites or services.

C. Any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, APIs, websites, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, APIs, or services that you visit or use.

17. ACCOUNT TERMINATION AND SUSPENSION

API.market reserves the right, in its sole discretion, to terminate or suspend your account and access to the Sites and Services immediately, without prior notice or liability, for any reason, including but not limited to:

A. Violation of these Terms of Service.

B. Creating or using an account on behalf of a person under 18 years of age.

C. Processing or transmitting prohibited content, including NSFW content or content related to minors.

D. Engaging in fraudulent, abusive, or illegal activities.

E. Non-payment of fees or charges due.

F. Excessive or abusive use of APIs that disrupts the platform or negatively affects other users.

G. Creating multiple accounts for deceptive or abusive purposes.

H. Spamming or sending unsolicited messages to other users.

Upon termination, your right to use the Services will immediately cease, and we may delete or deactivate your account and all associated information and files.

If you wish to terminate your account, you may discontinue using the Services and follow the account closure process available in your account settings or by contacting customer support.

18. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT: (A) THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR SERVICES WILL MEET YOUR EXPECTATIONS.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES; AND/OR (F) 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 THROUGH THE SITES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its parent corporation, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

A. Your use of and access to the Sites and Services;

B. Your violation of any term of these Terms of Service;

C. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;

D. Any claim that your content or use of the Services caused damage to a third party;

E. Any activities conducted through your account, whether or not authorized by you.

This defense and indemnification obligation will survive these Terms of Service and your use of the Sites and Services.

20. DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration will be San Francisco, California. The language to be used in the arbitral proceedings will be English.

Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law:

A. No arbitration or proceeding shall be joined with any other;

B. There is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and

C. There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

21. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California, to resolve any dispute or claim arising from these Terms of Service.

Notwithstanding the foregoing, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. AMENDMENTS TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We will provide notice of changes by posting the updated terms on the Sites, sending you an email, or by other reasonable means. Your continued use of the Sites or Services after any such changes constitutes your acceptance of the new Terms of Service.

If you do not agree to the new terms, you are no longer authorized to use the Sites and Services, and you must cease using them immediately. We recommend that you periodically review these Terms of Service for changes.

23. ELECTRONIC COMMUNICATIONS

When you use the Sites or Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your acceptance of electronic communications includes but is not limited to:

A. Transaction receipts and confirmations;

B. Account statements and history;

C. Legal disclosures and Terms of Service updates;

D. Customer support communications;

E. Marketing and promotional communications you have opted to receive.

24. SEVERABILITY AND WAIVER

If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. The failure of the Company to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

No waiver by Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

25. ENTIRE AGREEMENT

These Terms of Service, together with the Privacy Policy and any other legal notices or additional terms and conditions or documents that may be published on the Sites from time to time, constitute the entire agreement between you and Company concerning the Services and supersede all prior agreements, representations, warranties, and understandings, whether oral or written, between you and Company with respect to the Services.

No failure or delay by either party in exercising any right under these Terms of Service will constitute a waiver of that right. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

26. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

MagicAPI Inc (dba Noveum.ai)
548 Market St PMB 49761
San Francisco, CA 94104-5401
Email: [email protected] or [email protected]
Phone: +1 (415) 792-0933