MAGIC APPS (“Magic Apps” or “we”) welcomes you, our customer (“you”). We provide you and all persons authorized by you (“Users”) with access to our Cloud App “Magic Estimations” (“App” or “Magic Estimations”) subject to the terms and conditions of these End Users Terms (“Terms”).

Our End User Privacy Policy for the App describes our collection and use of personal data connected to your access to and use of the App.

By installing the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to and must discontinue using the App.

If you have any questions or comments about these End Users Terms, please contact us.

About us

Email	support@magicapps.io – for general inquiries
	contact@magicapps.io – for general inquires including privacy related ones

Our support team kindly asks you to be polite in your communication with us or, otherwise, we may not respond to offensive emails or messages.

Entire agreement

In brief:

This is an agreement between us and you.
By installing the App, you agree to comply with these Terms and applicable laws and regulations.
You have to be at least 16 years of age.

These Terms, End User Privacy Policy for the App, and Data Processing Agreement (if any) constitute the entire legally binding agreement and understanding between you and us. The Data Processing Agreement is available on request for legal entities. Please contact us.

This Agreement does not have to be signed in order to be binding.

By installing the App, you hereby declare and warrant that:

you and all Users have read, understand, and have the legal capacity to, and with this agree to be legally bound by and to comply with these Terms in full;
you and all Users are 16 years of age or older (otherwise, you or the relevant User can use the App exclusively under the supervision of a parent or guardian) regardless of the age ratings assigned on the platforms where you download the App;
according to the laws of the local jurisdictions, you and all Users are eligible to enter into this agreement and have no restriction to use the App;
you and all Users shall continuously comply with these Terms and all applicable laws and regulations.

If you use the App as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant Magic Apps all permissions and licenses under these Terms, and disclose information about that legal entity.

Use license and subscription

In brief:

Magic Estimations is free to download.
Upon the trial period, you will have to choose between the basic plan and the paid subscription.

Magic Estimations is a cloud and paid-via-Atlassian app compatible with Windows, MacOS, iOS, Chrome OS, Android, and Ubuntu and is available for free download on the Atlassian Marketplace. Please note that the scope of functionality of the App may differ for different platforms.

Free trial

By installing the App, you immediately subscribe to the App under a free-of-charge license to use the App for up to ten (10) Users for a trial period of thirty (30) days. You cannot extend your free trial period.

Please note that after the expiration of the trial period, you will have to choose between the basic plan and the paid subscription. To terminate your free trial early, you must cease using and delete the App.

Basic plan

Upon the Free Trial period, you will automatically continue the use of the App under a free-of-charge license to use the App for up to ten (10) Users. You have to change to the paid subscription to extend the number of available Users.

We reserve the right to change the Magic Estimations basic plan, including the list of the features available, at any time by providing you with adequate notice.

Paid subscription

To get the ability to extend the number of available Users, you must purchase a monthly or yearly subscription for Magic Estimations, subject to the fee under the then-current pricing shown in the App. The paid subscription is universal across the available platforms.

Failure to pay subscription fees by the due date will result in the immediate termination of the licenses granted under these Terms at our sole discretion.

We reserve the right to revise the Magic Estimations paid subscription plan, including the list of the features available and the amount of the subscription fees, at any time by providing you with adequate notice.

If you do not agree to pay the updated fees, you can cancel your subscription, and after your current subscription period expires, you can continue using the App under the basic plan only. If you do not cancel your subscription before the effective date of the fee change, you will be deemed to have agreed to the updated fee, which will be charged commencing your subsequent subscription period.

We or Atlassian may offer any discount programs we see fit.

Payment terms

You acknowledge and agree that Atlassian Pty Ltd, a corporation with Australian business number ABN 53 102 443 916 (“Atlassian”), is our commercial agent that you are required to pay the subscription fees, including all taxes (including VAT, if applicable), indicated at the time of your payments, and any related payments directly to Atlassian. Moreover, your payments are processed via the Atlassian Marketplace.

We do not bear any responsibility for any errors or omissions that occurred during your payments of the subscription fees. In no case shall we be responsible for any personal data processed by the Atlassian Marketplace during the payments.

Please note that Atlassian may stop any transaction or take other actions that otherwise might adversely affect you or Users, and we are not responsible for any consequences of such actions.

Unless otherwise specified on the Atlassian Marketplace, you will be charged for the subscription fees in United States Dollars (USD). In certain non-United States countries, Atlassian may, at its discretion, specify the amount of the subscription fees to you in currencies other than USD.

Please note that if you pay in a currency that is different from the currency in which the fees are quoted, your bank may apply its current exchange rate and add commissions and fees on top of your payment to Atlassian.

You can learn more about the payment conditions in the Atlassian Marketplace Terms of Use.

Renewals and cancellation

Your subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period unless you cancel it at least twenty-four (24) hours before the billing date.

You can cancel (disable) renewals by visiting my.atlassian.com or by emailing sales@atlassian.com, but you will not receive any refunds except as described herein below.

Upon cancellation, your access to the Paid Subscription features will remain until the end of the current subscription period.

Refunds

You acknowledge and agree that returns and refunds of your payments are not governed by these Terms but by the Atlassian Marketplace Terms of Use.

We do not bear any responsibility for any such returns and refunds, and in no case shall we be responsible for any personal data processed by the Atlassian Marketplace during the returns and refunds.

Please note that the failure to provide any support or maintenance for the App does not entitle you to any refund.

Specific restrictions

We do not provide services or access to our products to new customers from the Republic of Belarus, the Russian Federation, occupied regions of Ukraine (including the Autonomous Republic of Crimea as an administrative part of Ukraine), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela.

We do not engage in any business with companies owned by or affiliated with the citizens of the listed countries and territories.

We do not engage in business with companies that support the Russian aggression in Ukraine.

Use license, content, and feedback

In brief:

We give you the right to use the App by issuing a license.
You and all relevant Users are responsible for the User Content, information, and other materials accessed or managed through the App.
By submitting your or your Users’ feedback about our App to us directly or via any platform, you and all relevant Users grant us the right to use and publicly display the feedback for marketing, advertising, and other purposes.

The App is owned and managed by Magic Apps or our affiliates.

The App and the materials in the App, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (collectively, “Content”), as well as copyright and other intellectual property rights to such Content belong to Magic Apps or our affiliates or is included in the App with the consent of the relevant rights owners.

The Content does not include any materials you and all Users access to or otherwise provide while using the App.

Subject to your and all Users’ compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to download and use the App on the device(s) that you and all Users lawfully own or control in the manner provided for in these Terms for your own internal business operations.

We may provide upgrades, modifications, updates, or additions to the App (“New Versions”). The terms of this license shall apply to any such New Versions unless a separate license accompanies it.

Under this license, you and all Users shall not:

sell, lease, rent, license, sublicense, or otherwise distribute the App and its software;
copy, decompile, disassemble, translate, or reverse engineer the App and its software, in whole or in part;
write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the App, its software, and its updates;
reproduce, publish, transmit, write, or develop any derivative software, make an attempt to derive the source code of the App, its software, and its updates;
provide, disclose, divulge, or make available to, or permit the use of the App and its software by any third party without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the App or any of the App’s providers or any other third party to protect the App;
use the App for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
use the App for external business and any illegal purposes;
change or delete any of our ownership notices from materials downloaded or printed from the App.

Your license to access and use the App shall be automatically revoked if you or any User violate these Terms. We reserve all rights not expressly stated in these Terms.

We will enforce our intellectual property rights and use any remedy available under the applicable law.

User content

“User Content” means any files, including pictures, text, videos, sound recordings, and other materials, accessed, provided, or managed through the App by you or any User. You or the relevant User own and are responsible for your User Content and information that you and or the relevant User access through the App.

Feedback

We welcome feedback, reviews, ideas, questions, and comments about the experience with our App (collectively “Feedback”). By submitting your or your Users’ Feedback to us directly or via any platform, including, but not limited to, Atlassian Marketplace and other online distribution platforms, marketplaces, and social media, you and your Users:

grant us and our affiliates a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display, including online, such Feedback on our website, Atlassian Marketplace, in-app screens, social media accounts, any other third-party services or websites, our marketing communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback regardless of when and in what manner it was provided by you or the User. You and the Users grant us and our affiliates the right to use and refer to the name or username that you and the Users submit in connection with such Feedback. For this reason, we ask that you not submit any Feedback or delete any existing one that you or the Users do not wish to license to us as set forth above;
agree and acknowledge that you and the Users are solely responsible for the information in the Feedback;
represent and confirm that you and the Users were not asked, instructed, or commissioned to submit fake or misleading reviews and endorsements or misrepresent your experience with our App;
represent and warrant that the use of the Feedback does not violate any third party’s rights;
expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and demands arising out of or in any way connected to our exercise of the rights granted under the license as provided above, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.

You can contact us to request to refrain from or discontinue our use of your Feedback at any time.

The Feedback appearing on our website, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our App. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.

Promotional and advertising authorisation

Business customers of the App hereby expressly grant us and our affiliates the right to use such users’ commercial names and logos in various promotional and advertising materials that may be published by Magic Apps and/or our affiliates from time to time.

An authorized representative of a business entity can contact us to request us to limit or cease the use of the relevant business customer’s commercial names and/or logos. Please use “No Use of Customer Name” as the subject line of such an email. We will reply to your request as soon as possible.

Data security, Atlassian Products and third-party services

In brief:

The files you and the Users access and use via the App are stored locally on devices or connected cloud services, and we cannot access them.
Some functions of the App depend on Atlassian Products and third-party services, which we do not control; therefore, we cannot guarantee the uninterrupted operation of all the App’s features at all times.

We do not provide cloud services. All files and materials you and the Users access or use through the App are stored locally on the connected cloud services, your devices, or the devices of any User.

We neither have access to such data stored on the mentioned devices nor do we store it anywhere. The integration between your cloud storage provider and the App on your device is also performed directly per your cloud service provider’s security requirements.

Some features of the App are available in compatibility with Atlassian’s cloud and installed software products made available under an Atlassian Customer Agreement (“Atlassian Products”) and third-party websites and services, including connected or integrated ones.

We cannot guarantee, warrant, or provide any other assurances that any currently supported Atlassian Products or third-party services will remain compatible with the App software and all features are constantly available and uninterrupted.

We do not access the login information when you or any User connect third-party accounts. We have temporary access to the authentication credentials during the authorization. You and the Users are solely responsible for maintaining the confidentiality of the login information and for all activities under those credentials.

If you know or have any reason to suspect that someone has gained unauthorised access to your App or credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify us.

You acknowledge that the access and use of the Atlassian Products are covered by an Atlassian Customer Agreement, Atlassian Marketplace Terms of Use, and other applicable requirements then-currently published on the Atlassian Marketplace, while the access and use of the third-party websites, services, and their content are covered by the other terms of service (or equivalents) and privacy policies.

We shall not be held responsible for any loss, damage, or other liabilities incurred as a result of your interaction with Atlassian Marketplace, Atlassian Products, or third-party websites and services.

Warranties and disclaimers

In brief:

The App is provided to you “as is” and “as available”.
We promise that it will function as provided for in these Terms during the period of your license and disclaim all other warranties.
However, the App software may malfunction, so we will make every effort to resume its correct operation.

The App is provided to you “as is” and “as available”.

We warrant that the App will perform substantially according to its documentation within the period of your license. We disclaim all other warranties regarding the App, its features, and Content to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights of third parties or other rights.

We are not making any promises of any kind, including the App’s and Сontent’s accuracy, usefulness, reliability, and correct operation. We do not guarantee that the App will be uninterrupted or secure, that any defects will be corrected, or that the App is free of viruses or anything else harmful.

Limitation of liability

In brief:

You are responsible for your use of the App and the Users’ use of the App in compliance with these Terms and any applicable laws and regulations.
This section limits our liability, so please read it carefully to understand what to expect.

We are not responsible if any information, materials, or content available through the App is inaccurate or incomplete.

You are solely responsible for the legality of the access, use, and your actions and actions of any User within, through, or as a result of the use of the App in accordance with the laws, regulations, Atlassian Customer Agreement, Atlassian Marketplace Terms of Use, other applicable requirements then-currently published on the Atlassian Marketplace, and third-party services terms applicable to you or the relevant User.

From time to time, Atlassian may change the Atlassian Products and related ones. If the future versions of the Atlassian Products may not be compatible with the App using previous versions, we will have no liability resulting from the actions described herein.

In no event shall we, our affiliates, subsidiaries, ultimate beneficial owners, shareholders, directors, partners, employees, contractors, agents, or any other counterparties be liable for indirect, incidental, special, punitive, or consequential damages related to any use or inability to use the App, reliance on the App by any person, any delay, interruption, or other failure in the provision of the App, any change in the form or Content of the App, including, without limitation, any damages, caused as a result of the use of the information received, provided, or accessed through the App or by mistakes, omissions, interruptions, defects, viruses, even if we have been advised of the possibility of such damages.

The foregoing limitations of liability do not apply to the extent prohibited by law.

If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the greater of (1) the amount you paid to Atlassian for the App for the one year preceding the claim, or (2) fifty USD ($50).

Indemnification

In brief:

If you or any User violate these Terms, misuse the App, or violate any law or third party’s rights, you agree to indemnify and defend Magic Apps.

You agree to defend, indemnify, and hold harmless Magic Apps, our affiliates, subsidiaries, ultimate beneficial owners, shareholders, directors, partners, employees, contractors, agents, or any other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

any breach by you or any User of any of these Terms; or
your or any User’s use or misuse of the App; or
any reliance on the App by any person (including the form and content of errors in or omissions from any information contained in the App); or
any delay, interruption, or other failure in the provision of the App; or
any change in the form or Content of the App; or
any violation by you or any User of applicable law, third party’s rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. You agree to cooperate with us in the execution of our legal defense strategy.

Applicable law and jurisdiction

In brief:

These Terms are governed by the laws of the Republic of Poland without prejudice to any consumer rights provided by the laws of the country or territory in which you reside.
We hope to resolve all the issues by amicable means, but if a serious dispute arises between us, it must be resolved in the national courts of the Republic of Poland.

Except as otherwise outlined in these Terms, these Terms are exclusively governed by and construed under the laws of the Republic of Poland, excluding the rules on conflict of laws and without prejudice to any consumer rights provided by the laws of the country or territory in which you reside.

If any material in the App, or your use of it, is contrary to the laws of the place where you are when you access it, or the User’s use of the App is contrary to the laws of the place where they are when they access it, the App is not intended for you or the relevant User, and we ask you or the relevant User not to use it. You are responsible for informing yourself and all Users of the laws of the relevant jurisdictions and continuously complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of, or in connection with, or relating to the App or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved through amicable negotiations directly with the Magic Apps team following the principles of good faith and fair cooperation.

If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Poland, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Poland.

You can also try to settle the dispute out of court using an alternative dispute resolution procedure and submit your complaint online via the online dispute resolution (ODR) platform.

All claims shall be brought within one (1) year after the claim arises, except to the extent a more extended period is required by applicable law.

To the extent allowed by the applicable law, you (and all Users) agree that any proceedings to settle any dispute under these Terms solely on an individual basis and that you (and all Users) will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or proposes to act in a representative capacity. You (and all Users) further agree that no arbitration, mediation, litigation, or proceeding will be joined, consolidated, or combined with another arbitration, mediation, litigation, or proceeding without the prior written consent of Magic Apps.

Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of these Terms or enforcement or recognition of any award or order in any appropriate jurisdiction.

Electronic communications

In brief:

We use email to stay in touch with our customers and users.
You and any User can receive updates, recommendations, and information on the subscription to the provided email.
You or any User can unsubscribe from commercial emails at any time by following the instructions in such emails.

By using the App and providing us with your contact information, you understand and agree that we may send you or any User the electronic communications and information via email or push notifications regarding, without limitation:

the use of the App;
updates of the App and these Terms;
subscriptions, transactions, and cancellations under these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. To unsubscribe from receiving these emails from us, please follow the instructions provided in such communications.

You can read more about the rules of personal data processing in our End User Privacy Policy for the App.

Termination

In brief:

We can terminate your access to the App if you or any User violates these Terms.
To terminate the use of the App, you have to delete and no longer use or access the App.
You have to cancel your subscription manually (if any).

Termination by us

At any time, at our sole discretion or in case of the material changes of the Atlassian Products and related ones or in case of the termination or expiration of Atlassian Marketplace Terms of Use in whole or in part, we reserve the right with prior notice to modify, suspend, or discontinue the App, Content, features, or offers through the App. This right is also valid in case Atlassian removes the App from the Atlassian Marketplace. You agree that we shall not be liable to you, any User, or to any third party should any preceding occur concerning the App or in case of the App’s removal from the Atlassian Marketplace.

We reserve the right to take whatever legal actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the App.

We will cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate your access and use of the App at any time by deleting and no longer accessing or using the App unless you have an active subscription (see below). If you terminate the use of the App, all permissions and licenses provided to you and all Users under these Terms will immediately terminate without our obligation to provide any refunds except otherwise provided herein.

Please note that when you and the Users terminate the use of the App with an active recurring subscription, it does not automatically cancel it. You must manually cancel your subscription.

Miscellaneous

We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your and Users’ rights or our obligations under these Terms.

We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect the use of the App, we’ll notify you before the changes’ effective date by sending you an email or displaying the changes on the Atlassian Marketplace web page or in the App. If you continue to use the App, you agree to the updated version of these Terms.

If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.