1. Who we are
These Terms of Service (the “Terms”) are an agreement between you and Black Magic AI, the operator of https://blackmagic.engineering (referred to as “Black Magic AI,” “we,” “us,” or “our”). Our contact details are listed on the Company page.
2. The service
Black Magic AI provides software and services for building and operating AI-assisted business workflows. Features may include AI agents, enrichment, research, outreach drafting, workflow automation, integrations, dashboards, APIs, and custom deployment services.
The exact features, usage allowances, implementation work, and support included in your purchase are shown on our Pricing page, at checkout, or in an order form. An executed order form or service agreement controls if it conflicts with these Terms.
3. Eligibility and accounts
- You must be at least 18 years old and able to enter a contract.
- You must provide accurate account and billing information.
- You are responsible for safeguarding credentials, API keys, and all activity under your account.
- You must notify us promptly at support@blackmagic.engineering if you suspect unauthorized access.
4. Customer data and AI output
You retain ownership of the prompts, files, records, and other content you submit (“Customer Data”). You grant us a limited right to process Customer Data only as needed to provide, secure, support, and improve the service and as otherwise described in our Privacy Policy.
You are responsible for having the rights and permissions required to submit Customer Data. AI-generated output may be inaccurate, incomplete, or similar to output generated for others. You must review output before relying on it, publishing it, or using it to make consequential decisions.
5. Acceptable use
You may not use the service to:
- break the law or violate another person’s rights;
- send unlawful spam or communications without required consent;
- create malware, facilitate fraud, or evade security controls;
- collect or process personal data without a lawful basis;
- interfere with the service or attempt unauthorized access;
- resell or sublicense the service unless we agree in writing; or
- misrepresent AI output as verified human judgment where doing so may cause harm.
6. Pricing, billing, and taxes
Prices and included usage are disclosed before purchase. Unless stated otherwise, prices are in U.S. dollars and exclude applicable taxes. You authorize us and our payment processors to charge your selected payment method for the amounts shown at checkout or in an order form.
Recurring subscriptions renew for the same billing period until cancelled. You may cancel before the next renewal through the available account controls or by contacting support. Cancellation stops future renewals and does not remove access already paid for during the current billing period.
7. Refunds
Refund eligibility and request instructions are set out in our Refund Policy. Any different refund terms in an order form or written agreement take precedence for that order.
8. Third-party services
The service may connect to AI model providers, data providers, customer relationship management systems, communications platforms, and other third-party services. Their products are governed by their own terms. We are not responsible for third-party services, changes, outages, or decisions outside our control.
9. Our intellectual property
We and our licensors own the service, software, designs, documentation, and trademarks, excluding Customer Data. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the service during your paid or permitted access period.
10. Availability and changes
We work to keep the service available but do not promise uninterrupted operation. We may change or discontinue features, perform maintenance, or impose reasonable limits to protect security, reliability, and other users. Material changes affecting a paid commitment will be handled in accordance with the applicable order terms.
11. Suspension and termination
We may suspend or terminate access for material breach, unlawful use, non-payment, security risk, or conduct that threatens the service or other users. Where practical, we will provide notice and an opportunity to cure. You may stop using the service at any time.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Data, your unlawful or unauthorized use of the service, or your violation of these Terms, except to the extent caused by our own breach or misconduct.
15. Governing law
These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law rules. Courts located in Colorado have exclusive jurisdiction unless applicable law or a signed order form requires otherwise.
16. Changes to these Terms
We may update these Terms. We will post the updated version and revise the date above. If a change materially affects your rights, we will provide reasonable notice when required. Continued use after the effective date means you accept the updated Terms.
17. Contact
Questions about these Terms may be sent to support@blackmagic.engineering.