Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MagicGuest ("MagicGuest," "we," "our," or "us") governing your access to and use of the MagicGuest platform, website, APIs, and all related services (collectively, the "Service").

By registering for an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

MagicGuest is an AI-powered hotel guest communication and email management platform designed for hotel operators, property managers, and hospitality professionals. The Service provides, among other things:

• AI-powered generation of draft email responses to hotel guest inquiries
• Integration with external email providers (Gmail, Outlook, and others)
• Centralized email inbox and communication management dashboard
• Hotel profile configuration (room types, pricing, policies, amenities)
• Booking inquiry tracking and management
• Customizable email templates and response libraries
• Analytics and performance statistics on guest communications
• Multi-property and multi-user management (Enterprise plan)

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice, though we will endeavor to provide advance notice for material changes. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By registering, you represent and warrant that you meet these requirements.

When you create an account, you agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Maintain the confidentiality of your login credentials (email and password)
• Not share your account credentials with any third party
• Take full responsibility for all activities that occur under your account
• Notify us immediately at support@magicguest.com of any unauthorized access to or use of your account
• Ensure that your account is used only for lawful purposes in compliance with these Terms

You may only create one account per person or entity unless expressly permitted by us. We reserve the right to refuse registration or cancel accounts at our sole discretion.

4. Subscription Plans and Pricing

4.1 Available Plans

The Service is offered under the following plans:

• MagicGuest Basic (Free): A permanently free tier with limited features as described on our pricing page. No credit card is required for the free tier.
• MagicGuest Premium: A paid subscription providing full access to premium features. Available on a monthly or annual billing cycle. Annual billing is offered at a discounted rate compared to monthly billing.
• MagicGuest Enterprise: A custom plan for larger organizations with advanced needs. Pricing and terms are agreed individually. Contact us for details.

Current pricing is displayed on our website's pricing page. All prices are in USD unless otherwise stated and are exclusive of applicable taxes.

4.2 Billing and Automatic Renewal

• Paid subscriptions are billed in advance at the start of each billing cycle (monthly or annually).
• Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
• By providing a payment method, you authorize MagicGuest and Stripe (our payment processor) to charge the applicable subscription fee to your payment method at each renewal.
• We will send a reminder email before each annual renewal. For monthly subscriptions, the renewal charge occurs on the same day of each month as the original purchase date.
• If a payment fails, we will notify you and attempt to retry the charge. Access to premium features may be suspended if payment cannot be collected after multiple attempts.

4.3 Price Changes

We reserve the right to change our subscription prices at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days' advance written notice by email. Your continued use of the Service after a price change constitutes your acceptance of the new price. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

4.4 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by tax authorities in your jurisdiction. Where we are required by law to collect taxes (such as VAT), these will be added to the invoice at the applicable rate. If you are a VAT-registered business in the EU, please provide your valid VAT identification number to ensure correct tax treatment.

5. Payment Processing via Stripe

All payment transactions are processed by Stripe, Inc., a third-party payment service provider. By making a payment through the Service, you agree to Stripe's Terms of Service and Privacy Policy (available at stripe.com), in addition to these Terms.

• Payment card details are entered directly into Stripe's secure, PCI DSS Level 1-compliant payment interface. MagicGuest does not receive, store, or process your raw payment card data.
• Stripe may perform identity verification and fraud checks as part of the payment process.
• By providing your payment details, you authorize recurring charges for your selected subscription plan until you cancel.
• Your bank or card issuer may charge additional fees (e.g., foreign transaction fees) which are beyond our control.
• In the event of a payment dispute or chargeback initiated by you without first contacting us, we reserve the right to suspend your account pending resolution.

MagicGuest is not responsible for errors or failures caused by Stripe's payment infrastructure, your bank, or your card network.

6. Cancellation and Refund Policy

6.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us at support@magicguest.com. Cancellation takes effect at the end of the current paid billing period. After cancellation:

• You retain access to paid features until the end of your current billing period.
• Your account will automatically downgrade to the free Basic tier at the end of the billing period.
• No further charges will be made after the cancellation date.

6.2 Refund Policy

All subscription fees are non-refundable, except in the following limited circumstances:

• Statutory rights: If you are an individual consumer (not a business) located in the EU or another jurisdiction that provides statutory cancellation rights, you may be entitled to a refund within the applicable cooling-off period (typically 14 days from first subscription), provided you have not made substantial use of the paid features during that period.
• Service failure: If the Service experiences a critical outage that prevents you from using it for more than 72 consecutive hours due to our fault, you may be eligible for a pro-rated credit upon request.
• Duplicate charges: If you are charged more than once due to a billing error, we will promptly refund the duplicate amount.

Refund requests must be submitted to support@magicguest.com within 30 days of the charge. We do not provide refunds for partial months, plan downgrades, or unused features.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Violate any applicable local, national, or international law or regulation
• Engage in fraudulent, deceptive, or misleading conduct toward guests or third parties
• Send unsolicited commercial emails (spam) or engage in mass unsolicited communication
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Access or attempt to access another user's account or data without authorization
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Interfere with, disrupt, or overload the Service's infrastructure, servers, or networks
• Use automated tools (bots, scrapers, crawlers) to extract data from the Service without our written consent
• Upload, transmit, or distribute malware, viruses, or any other malicious code
• Harass, threaten, or harm any person through the Service
• Process data that you do not have the legal right to process, including unauthorized third-party personal data
• Use the Service in any way that violates the privacy rights of hotel guests or other individuals
• Attempt to circumvent any security features, access controls, or usage limits of the Service
• Resell, sublicense, or provide access to the Service to third parties without our written consent

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, and may expose you to legal liability.

8. AI-Generated Content — Disclaimers and Responsibilities

A core feature of the Service is the use of artificial intelligence (AI) to generate draft email responses based on incoming guest emails and your hotel profile data. You acknowledge and agree to the following:

• AI-generated content is a draft only: All AI-generated responses are suggestions for your review. They are not sent automatically without your approval (unless you have explicitly enabled automated sending, where available).
• You are solely responsible for reviewed and sent content: You must review all AI-generated drafts before sending them to guests. Once you send a message, you assume full responsibility for its content and any consequences arising from it.
• No guarantee of accuracy: AI models may produce incorrect, incomplete, misleading, biased, or inappropriate content. We make no warranty that AI-generated responses will be accurate, suitable, or legally compliant for any particular purpose or guest situation.
• Not professional advice: AI-generated content does not constitute legal, medical, financial, tax, or any other form of professional advice. Do not rely on it for decisions requiring professional expertise.
• AI limitations: The Service's AI may not understand context fully, may reflect biases present in training data, and may perform differently depending on the complexity of the communication.
• Guest communications are your responsibility: You remain solely responsible for all communications sent to your guests, including compliance with applicable consumer protection laws, hotel regulations, and hospitality standards.
• Third-party AI providers: AI functionality is powered by third-party AI model providers. We are not responsible for changes in their services, model behavior, or availability that may affect the quality of AI-generated content.

We expressly disclaim any liability for damages, losses, claims, or disputes arising from your use of, or reliance on, AI-generated content produced by the Service.

9. Data, Privacy, and Guest Data

Our data practices are described in detail in our Privacy Policy, which forms an integral part of these Terms.

With respect to the personal data of your hotel guests that you submit to the Service, you represent and warrant that:

• You have a lawful basis (under GDPR or other applicable law) to collect and process your guests' personal data and to share it with MagicGuest for the purpose of providing the Service.
• You have provided your guests with appropriate privacy information about how their data is processed, including disclosure of processing by AI systems.
• You will not submit sensitive personal data (health information, financial account numbers, etc.) unless strictly necessary for the Service and you have obtained appropriate consent.
• You will handle any data subject requests (access, deletion, etc.) from your guests in accordance with applicable law.

By submitting guest data to the Service, you grant MagicGuest a limited, non-exclusive right to process that data solely to the extent necessary to provide the Service to you. You indemnify MagicGuest for any claims arising from your failure to comply with applicable data protection laws in connection with guest data.

10. Email Integrations and Third-Party Connections

The Service allows you to connect your email accounts (such as Gmail or Outlook) via OAuth or API integrations. By connecting an email account:

• You authorize MagicGuest to read, process, and draft responses to emails in the connected account on your behalf.
• You confirm that you are authorized to connect that email account and that doing so does not violate any applicable terms of service of the email provider.
• You are responsible for ensuring that connecting your email account complies with your organization's IT policies and applicable laws.
• MagicGuest is not responsible for emails sent or not sent due to failures in the connected email provider's service.
• You may disconnect any email account from the Service at any time through your account settings.

The Service may also integrate with other third-party tools. Your use of such integrations is subject to the third party's own terms and privacy policies, for which MagicGuest bears no responsibility.

11. Intellectual Property

11.1 Our Intellectual Property

The Service and all its components — including but not limited to software, source code, user interface design, graphics, trademarks, service marks, logos, algorithms, and documentation — are the exclusive property of MagicGuest or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You are granted no rights in our intellectual property except the limited right to use the Service as expressly set out in these Terms.

11.2 Your Content

You retain ownership of all content you upload to or create within the Service, including hotel profile data, email templates, and uploaded materials ("Your Content"). By submitting Your Content to the Service, you grant MagicGuest a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely to the extent necessary to provide the Service to you.

11.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant MagicGuest a perpetual, irrevocable, royalty-free license to use such feedback without restriction and without any obligation to compensate you.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, MagicGuest expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, completeness, timeliness, or reliability of any AI-generated content or other information provided through the Service
• Warranties that the Service will meet your specific requirements or expectations
• Warranties regarding the availability or performance of third-party services (Stripe, OpenAI, Google, Microsoft, Supabase, etc.)

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGICGUEST SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, business, data, goodwill, or anticipated savings
• Damages resulting from AI-generated content that is inaccurate, inappropriate, or that causes a misunderstanding with a guest
• Damages arising from service interruptions, outages, or unavailability
• Unauthorized access to, or alteration of, your data by third parties
• Failures, errors, or interruptions of Stripe, OpenAI, Google, Microsoft, Supabase, or any other third-party service
• Loss of bookings, revenue, or guest relationships arising from any failure of the Service
• Any claims related to the content of emails sent by you to your guests through the Service

IN NO EVENT SHALL MAGICGUEST'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MAGICGUEST IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless MagicGuest, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) Your Content submitted to the Service; (e) your failure to comply with applicable data protection laws in respect of your guests' personal data; or (f) any claim by a hotel guest arising from communications you sent through the Service.

15. Service Availability and Uptime

We aim to provide a reliable and available Service but do not guarantee any specific uptime level unless expressly stated in a separate Service Level Agreement (SLA) for Enterprise customers. We may schedule planned maintenance from time to time and will endeavor to provide advance notice.

We are not liable for any losses caused by scheduled or unscheduled downtime. We recommend maintaining backup communication procedures (such as direct email access) for your hotel operations so that guest communications are not solely dependent on the Service.

16. Termination

16.1 Termination by You

You may close your account at any time by using the account deletion feature in your settings or by contacting us at support@magicguest.com. Account deletion is irreversible. Upon deletion, we will begin processing the removal of your data in accordance with our Privacy Policy. Please export any data you wish to retain before closing your account.

16.2 Termination by MagicGuest

We may suspend or terminate your account and access to the Service at our discretion, with or without notice, if:

• You breach these Terms or our Acceptable Use Policy
• We are unable to verify your identity or the accuracy of information you provided
• Payment of subscription fees fails and is not cured within the grace period
• We are required to do so by law or court order
• We believe your account is being used fraudulently or is causing harm

16.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will remain in effect.

17. Privacy

Our Privacy Policy governs how we collect, use, and protect your personal data and forms an integral part of these Terms. By using the Service, you agree to the collection and use of information as described in the Privacy Policy.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' advance notice by email and/or a prominent notice within the Service. Changes will take effect on the stated effective date. Your continued use of the Service after that date constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription before the effective date.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with applicable law. In the event of any dispute arising from or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

If you are a consumer located in the European Union, you may also have the right to access the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Nothing in this section affects any mandatory consumer protection rights that apply in your jurisdiction and that cannot be waived by contract.

20. Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and MagicGuest regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to any successor or acquirer of our business.
• No third-party beneficiaries: These Terms do not create any third-party beneficiary rights.
• Force majeure: We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, internet outages, cyberattacks, third-party service failures, or government actions.

21. Contact

For questions, concerns, or notices relating to these Terms, please contact us at: