Terms of Service

1. Agreement and eligibility

By creating an account, purchasing a subscription, accessing the agency portal, or using a Magik Modern Search scanner, you agree to these Terms of Service and our Privacy Policy. If you use the service for a company or agency, you represent that you have authority to bind that organization.

You must be at least 18 years old and legally able to enter into this agreement.

2. The service

Magik Modern Search provides website visibility scanning, AI-assisted reporting, agency branding, lead capture, downloadable reports where included, team access where included, and optional CRM or webhook delivery. Features, capacity, and scan limits vary by plan.

We may improve, modify, or discontinue features. We will make reasonable efforts to give notice when a material change significantly reduces a paid plan’s core functionality.

3. Accounts and security

• Provide accurate registration and billing information and keep it current.
• Protect account passwords, access keys, and integration credentials. Each team member should use an individual login.
• Notify us promptly at support@magikmodernsearch.com if you suspect unauthorized access.
• You are responsible for activity under your account and for team members you authorize, except to the extent caused by our breach of these terms or applicable law.

4. Subscriptions, billing, and cancellation

Paid plans are billed in advance on a recurring monthly basis through Stripe. By starting a paid subscription, you authorize recurring charges for the selected plan, applicable taxes, and any clearly disclosed add-ons until cancellation.

You may request cancellation through support or any account-management option we make available. Unless otherwise required by law or stated at purchase, cancellation takes effect at the end of the current paid billing period and fees already paid are nonrefundable and are not prorated. If payment fails, we may limit or suspend paid features until the account is brought current.

We may change future pricing with advance notice. A price change will apply no earlier than the next renewal identified in the notice.

5. Agency responsibilities for scanners and leads

Agencies may brand and embed scanners on their sites within plan limits. Each agency is responsible for:

• Providing an accurate privacy notice and any consent language required for its collection, marketing, CRM, and follow-up practices.
• Using scanner submissions only for lawful business purposes and honoring unsubscribe, privacy, and consumer requests.
• Ensuring its website, booking links, webhook, CRM, emails, advertising, and communications comply with applicable laws and platform rules.
• Securing exported leads and limiting account access to authorized people.

Magik Modern Search is not responsible for an agency’s independent use of a scanner submission after it is delivered to the agency or its selected CRM.

6. Acceptable use

You may not use the service to:

• Break the law, infringe another person’s rights, deceive users, send unlawful messages, or collect information without required notice or consent.
• Scan private, access-controlled, or nonpublic systems, or websites you are not lawfully permitted to assess.
• Introduce malware, probe for vulnerabilities, bypass limits or security controls, overload the service, or interfere with another user.
• Reverse engineer, copy, scrape, resell, or exploit the platform except for the agency-facing white-label and client services expressly allowed by your plan.
• Upload content or configure links that are harmful, unlawful, infringing, or misleading.

7. Reports and AI limitations

Scores and reports are informational estimates based on publicly available website content, technical checks, configured data, and AI-assisted analysis at the time of the scan. They are not guarantees of search rankings, traffic, revenue, AI citations, lead quality, or business results. Search engines, AI systems, websites, and third-party data can change without notice.

You are responsible for reviewing recommendations and deciding whether and how to act on them. The service does not provide legal, financial, accounting, or other regulated professional advice.

8. Customer content and licenses

You retain ownership of logos, branding, scanner settings, lead data, and other content you submit. You grant us a limited, nonexclusive license to host, reproduce, process, transmit, and display that content only as needed to provide, secure, support, and improve the service and comply with law.

You represent that you have the rights and permissions needed for content you submit and for the processing instructions you give us.

9. Magik Modern Search property

The platform, software, design, documentation, scoring framework, and related intellectual property are owned by Magik Modern Search or its licensors. Except for the limited right to use the service during an active account, no rights are transferred to you.

10. Third-party services

The service may connect with Stripe, OpenAI, HighLevel, agency-selected webhooks, email providers, hosting providers, and other third parties. Their services are governed by their own terms and privacy practices. We are not responsible for a third party’s independent systems, availability, or actions, but we remain responsible for our own obligations under these terms and applicable law.

11. Availability and beta features

We aim to provide a reliable service, but uninterrupted or error-free operation is not guaranteed. Maintenance, internet failures, third-party outages, security events, or circumstances beyond reasonable control may affect availability. Preview, beta, or experimental features may change or end at any time.

12. Suspension and termination

We may suspend or terminate access for material breach, unlawful or harmful use, nonpayment, security risk, or conduct that threatens the service or other users. When practical, we will provide notice and an opportunity to cure. You may stop using the service and cancel your subscription at any time.

After termination, access may end and we may delete account data after a reasonable transition and retention period, subject to legal requirements and our Privacy Policy. Provisions that by their nature should survive will survive, including payment obligations, intellectual property, disclaimers, liability limits, and dispute terms.

13. Disclaimers

To the maximum extent permitted by law, the service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, noninfringement, and any warranty arising from course of dealing. Nothing in these terms excludes a warranty or right that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, Magik Modern Search and its owners, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities arising from the service.

Our total liability for claims arising out of or relating to the service will not exceed the amount you paid to Magik Modern Search for the service during the six months before the event giving rise to the claim. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.

15. Indemnification

To the extent permitted by law, an agency customer will defend and indemnify Magik Modern Search against third-party claims, damages, and reasonable costs arising from the agency’s content, scanner placement, marketing or follow-up practices, unlawful use, or material breach of these terms. This obligation does not apply to the extent a claim is caused by Magik Modern Search’s own breach, negligence, or willful misconduct.

16. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing a formal claim, each party agrees to contact the other and make a good-faith effort to resolve the dispute informally. Any court proceeding must be brought in a court of competent jurisdiction in Texas, unless applicable law requires otherwise.

17. Changes and general terms

We may update these terms. We will post the revised version and update the effective date, and we may provide additional notice for material changes. Continued use after the effective date of revised terms constitutes acceptance where permitted by law.

If a provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these terms without our written consent; we may assign them as part of a business reorganization or transfer. These terms, the Privacy Policy, and plan-specific purchase terms form the agreement between you and Magik Modern Search regarding the service.

18. Contact

Questions about these terms, billing, or cancellation may be sent to support@magikmodernsearch.com.