Eigen AI Terms & Conditions

1. Introduction & Acceptance

These Terms govern your access to and use of the MagicByte AI, Inc. dba Eigen AI services. By purchasing credits or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Definitions

“Credits” means prepaid units purchased by a Customer that entitle them to access and consume the Service, with each Credit corresponding to a defined unit of usage as described in pricing documentation.

“Customer” means the individual or entity purchasing and using Credits to access the Service.

“Service” means the AI-powered software, APIs, outputs, data, and associated features provided by MagicByte AI, Inc. dba Eigen AI.

“Auto-Replenishment” means the optional feature that automatically purchases additional Credits when a Customer’s balance falls below a defined threshold.

“Credit Expiration Date” means the date 12 months from the purchase date on which any unused Credits expire.

3. Credit Purchase & Access

3.1. The Service is provided on a credit-based model. Customers must purchase Credits to access and consume the Service.

3.2. Upon successful payment, Customers are granted a limited, non-exclusive, non-transferable right to use the Service until their Credits are exhausted or expire.

3.3. Each account is for use by a single Customer or company and its authorized users unless otherwise agreed in writing.

3.4. Credits expire 12 months from the date of purchase if unused. Expired Credits are forfeited and non-refundable.

3.5. As a courtesy, MagicByte AI, Inc. dba Eigen AI may send expiration reminders; however, Customers remain solely responsible for monitoring and using Credits before expiration.

4. Auto-Replenishment

4.1. Customers may enable Auto-Replenishment, authorizing MagicByte AI, Inc. dba Eigen AI to charge the provided payment method when the balance drops below a defined threshold.

4.2. Auto-Replenishment settings, including thresholds and amounts, can be configured, modified, or disabled at any time in the Customer’s account.

5. Payment & Pricing

5.1. Credit purchases are billed in advance and are non-refundable except where required by applicable law.

5.2. Customers authorize MagicByte AI, Inc. dba Eigen AI to charge their payment method for all purchases and applicable taxes.

5.3. MagicByte AI, Inc. dba Eigen AI reserves the right to adjust credit pricing, credit-to-usage conversion rates, or functionality at any time. Changes will apply prospectively to future purchases and will not affect Credits already purchased.

6. Cancellation & Refund Policy

6.1. Customers may stop purchasing Credits or disable Auto-Replenishment at any time.

6.2. No refunds are issued for unused Credits or partial usage except where required by applicable law.

7. Access to Features & Enhancements

7.1. Access to the Service depends on available Credits. Once Credits are exhausted, access will cease until additional Credits are purchased.

7.2. MagicByte AI, Inc. dba Eigen AI makes no guarantee of service availability if a Customer’s balance reaches zero.

7.3. Access to new features, modules, or enhancements may require additional Credits or separate agreements.

8. Intellectual Property

8.1. MagicByte AI, Inc. services, including all software, algorithms, content, and documentation, is owned by MagicByte AI, Inc. or its licensors and is protected by intellectual property laws.

8.2. Subscribers may not copy, modify, reverse-engineer, or distribute any part of the Service without prior written consent.

9. Data Protection & Privacy

9.1. Privacy Policy: Our Privacy Policy details how we collect, process, store, and retain personal data.

9.2. Roles: MagicByte AI, Inc. acts as a data processor on behalf of Subscriber, who remains the data controller of any personal data submitted.

9.3. Data Subject Rights: Subscriber acknowledges and will facilitate rights of data subjects (access, correction, deletion) under GDPR, CCPA, and other applicable laws.

9.4. International Transfers: Personal data may be transferred globally under lawful mechanisms, such as Standard Contractual Clauses.

9.5. CCPA Compliance: California residents have rights under the CCPA. MagicByte AI, Inc. does not sell personal information and will honor verified requests in accordance with our Privacy Policy.

9.6. Encryption Standards: All personal data is encrypted in transit using TLS 1.2+ and at rest using AES-256, consistent with industry best practices and SOC 2 controls.

9.7. Breach Notifications: In the event of a data breach involving personal data, MagicByte AI, Inc. will notify affected Subscribers without undue delay and in accordance with applicable law.

9.8. Data Retention: Data is retained only as long as necessary to fulfill the purposes of the subscription, or as required by law.

9.9. Security Measures: MagicByte AI, Inc. employs appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of personal data, including encryption in transit and at rest, access controls, vulnerability management, and secure software development lifecycle practices, consistent with SOC 2 and GDPR requirements.

10. Acceptable Use

10.1. Subscribers agree not to use the Service in any way that is unlawful, harmful, or in violation of applicable laws or these Terms.

10.2. The Service must not be used to develop competing products or services.

11. Use of Third-Party AI APIs and Services

11.1. The Service may integrate and rely upon third-party artificial intelligence services and APIs, including but not limited to those provided by OpenAI, Google Cloud AI, AWS, Microsoft Azure, and other providers (“Third-Party AI Services”).

11.2. Subscribers acknowledge that the content generated by the Service may be partially or entirely produced by such Third-Party AI Services and that MagicByte AI, Inc. does not control and is not responsible for the content, accuracy, or reliability of the outputs produced by those services.

11.3. Use of the Service is also subject to the terms and conditions of the applicable Third-Party AI Services. By using the Service, Subscribers agree to comply with such terms, which include but are not limited to:

• OpenAI Terms of Use
• Google Cloud Terms
• AWS AI Service Terms

11.4. MagicByte AI, Inc. makes no warranty or guarantee regarding the outputs of Third-Party AI Services and disclaims any liability for errors, omissions, or content generated by those services.

12. No Guarantee of Fitness for Critical Use Cases

12.1. The Service is not intended for use in critical environments or applications. This includes, but is not limited to:

• medical diagnosis or treatment
• legal, tax, or financial advice
• emergency services or public safety decision-making
• safety-critical or mission-critical systems where failure could result in harm to persons or property

12.2. Subscriber agrees to independently verify any output before relying on it for decisions involving material risks.

13. No Human in the Loop Warning

13.1. Unless otherwise specified, content generated through the Service is not reviewed or verified by a human before being delivered to the Subscriber.

13.2. Verification: Subscriber acknowledges that AI outputs may contain errors or inaccuracies and agrees to independently verify all outputs before reliance.

13.3. Subscribers are solely responsible for evaluating the suitability, legality, and accuracy of the outputs generated by the Service.

14. Usage Monitoring & Abuse Prevention

14.1. MagicByte AI, Inc. does not monitor or access the content of user interactions with the Service and makes no claim to do so. We are committed to preserving the confidentiality of all user conversations with the AI bot.

14.2. Notwithstanding the above, MagicByte AI, Inc. reserves the right to take appropriate action, including suspending or terminating access, if we become aware — through technical signals, support requests, legal notices, or credible third-party reports — of abuse or misuse of the Service.

14.3. Abuse includes, but is not limited to:

• generating content that violates applicable laws or third-party rights
• attempting to bypass usage or rate limits
• reverse-engineering or probing the behavior of the underlying models
• using the Service in ways that harm or impair other users, systems, or platforms

15. Government Users Notice (U.S. Only)

15.1. If Subscriber is a U.S. Government entity or acting on behalf of one, the Service is provided only as a “commercial product” as that term is defined in 48 C.F.R. § 2.101.

15.2. The Service is licensed to U.S. Government users with only those rights as are granted to all other users under these Terms, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable.

15.3. Government agencies must notify MagicByte AI, Inc. prior to using the Service with a .gov domain or government purchase method.

16. Disclaimer of Warranties

16.1. The Service is provided “as is” and “as available.”

16.2. MagicByte AI, Inc. makes no warranties or guarantees regarding the accuracy, reliability, or suitability of the Service for any particular purpose, including outputs generated via Third-Party AI Services.

17. Limitation of Liability

17.1. To the maximum extent permitted by law, MagicByte AI, Inc. shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use or inability to use the Service.

17.2. The Subscriber understands and agrees that MagicByte AI, Inc. does not monitor or screen communications or content provided by users in real time and does not undertake to respond to or act upon any information disclosed through the Service, including but not limited to disclosures of intent to harm oneself or others.

17.3. MagicByte AI, Inc. expressly disclaims any responsibility or obligation to take action based on any user-generated content or communications shared via the Service, including information suggesting threats, violence, illegal acts, or danger to any individual, group, or organization.

17.4. In no event shall the total liability of MagicByte AI, Inc. for any and all claims under these Terms exceed the total amount paid by the Subscriber in the 12 months preceding the claim.

18. Indemnification

You agree to indemnify, defend, and hold MagicByte AI, Inc. and its affiliates harmless from any losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from:

• Your or your Authorized Users’ use of the Service;
• Your breach of this Agreement; or
• Your violation of applicable laws or third-party rights.

19. Changes to Terms

19.1. MagicByte AI, Inc. may modify these Terms at any time. Subscribers will be notified of material changes.

19.2. Continued use of the Service after changes to the Terms constitutes acceptance of the revised Terms.

20. Governing Law & Dispute Resolution

20.1. Governing Law: California law governs this Agreement, except where local consumer protection laws apply.

20.2. Arbitration: Disputes will be resolved by binding arbitration under the American Arbitration Association rules, except that either party may seek emergency equitable relief in California courts.

20.3. Local Remedies: If you are an EU consumer, you may bring claims in your local courts instead of arbitration.

21. Contact

For questions regarding these Terms, please contact: legal@eigenai.com