These Terms of Service (the “Terms”) govern your access to and use of the FusedMagic websites, applications, and services (together, the “Service”), operated by FusedMagic (“FusedMagic”, “we”, “us”, or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
We may change these Terms from time to time at our discretion. When we do, we will revise the “Updated” date above, and for material changes we will take reasonable steps to let you know. It is your responsibility to review the Terms periodically; your continued use of the Service after changes take effect means you accept them. So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to access and use the Service.
The Service
FusedMagic is a media platform for real estate photographers and studios to upload, enhance, organize, and deliver property images and related media. Features, content, and availability may change, expand, or be discontinued as the Service evolves, and we may do so without notice.
Content and ownership
All software, text, graphics, interfaces, photographs, trademarks, logos, and other materials that make up the Service — together with its design, structure, selection, and arrangement — are owned by or licensed to FusedMagic and protected by copyright, trademark, and other laws. Except as the Service expressly allows, you may not copy, reproduce, republish, post, transmit, distribute, or create derivative works from any part of the Service without our prior written permission.
Eligibility and your account
You must be at least 18 years old and able to enter into a binding contract to use the Service. You may sign in using Google or email, and we may require multi-factor authentication. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Do not use anyone else’s account without permission, and notify us promptly at support@fusedmagic.com if you suspect unauthorized use. We are not liable for losses arising from your failure to safeguard your account.
Your use of the Service
You agree to use the Service only for lawful purposes and in line with these Terms. In particular, you agree not to:
- access the Service through any automated means — scrapers, bots, crawlers, spiders, or similar tools — or copy, monitor, or reproduce any part of the Service or circumvent its navigational structure, except through the interfaces we provide;
- attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to it, whether by hacking, credential mining, or other illegitimate means;
- probe, scan, or test the vulnerability of the Service, or breach its security or authentication measures;
- trace or seek to identify another user, or attempt to obtain information about others except your own as the Service provides;
- place an unreasonable or disproportionate load on our infrastructure, or interfere with the proper working of the Service or anyone else’s use of it;
- forge headers or otherwise disguise the origin of any transmission, or impersonate any person or entity;
- upload or process content that is unlawful or infringing, or use the Service to facilitate illegal activity or to infringe the rights of FusedMagic or others.
We may bar any such activity and suspend or terminate access for violations.
Your content
You retain all ownership of the photographs, images, and files you upload (“Your Content”). You grant FusedMagic a limited, worldwide, non-exclusive license to host, store, process, reproduce, and adapt Your Content solely to operate and provide the Service to you — for example, to enhance, generate derivatives of, organize, and deliver your images. This license ends when you delete Your Content or close your account, except for limited backups kept for a reasonable period and anything we must retain to comply with law.
You represent and warrant that you own or have all rights and permissions necessary to upload and process Your Content, including any rights or consents relating to people, properties, or trademarks depicted.
AI and enhancement features
Some features use automated and AI-assisted tools to enhance or generate imagery. Outputs are provided “as is,” may vary, and may not be perfectly accurate. You are responsible for reviewing results and for independently verifying that any image you publish accurately and lawfully represents its subject.
Plans, billing, and credits
Some features are offered on paid plans, subscriptions, or a credit basis. Applicable prices, billing terms, and any usage limits will be presented to you before you incur charges. Fees are non-refundable except where required by law or expressly stated, and we may change pricing prospectively with notice. Additional terms may apply to specific features, and where they conflict with these Terms, the feature-specific terms control for that feature.
Storage and deletion
Content on free or trial plans may be removed after a limited storage window (currently around two weeks). Please download anything you wish to keep. We are not liable for content removed in line with our retention practices.
Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we handle your information and is incorporated into these Terms by reference. You also acknowledge that no transmission over the internet is ever completely private or secure.
Links and third-party services
The Service may link to independent third-party sites or integrate third-party services (such as Google sign-in, hosting, storage, image processing, and payments). These are provided for convenience, are not under our control, and we are not responsible for their content or practices. Your use of them may be subject to their own terms and privacy policies.
Disclaimers
The Service and all content are provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any particular result will be obtained from using it. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including accuracy, non-infringement, merchantability, and fitness for a particular purpose. Your sole remedy for dissatisfaction with the Service is to stop using it.
Limitation of liability
To the maximum extent permitted by law, FusedMagic will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, even if advised of the possibility. To the extent we are found liable, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the claim or one hundred US dollars (US$100), and these limits apply even if a remedy is found to fail of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations of liability, so parts of the above may not apply to you.
Indemnification
You agree to indemnify and hold FusedMagic and its officers, employees, and agents harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms.
Violation of these Terms
We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms or to protect the Service, its users, or the public. We may also disclose information about you where we reasonably believe it is necessary to comply with law, enforce these Terms, respond to claims, or protect the rights, property, or safety of FusedMagic, our users, or others. Provisions that by their nature should survive termination will survive.
Governing law and disputes
These Terms are governed by the laws of the United States, without regard to conflict-of-laws rules, and you agree to the exclusive jurisdiction and venue of the courts of the United States, except where applicable law provides otherwise. Before bringing any formal claim, you agree to first contact us and attempt in good faith to resolve the dispute. Any claim must be brought within one year after it arises, to the extent permitted by law.
Availability
We operate the Service from our own location and make no representation that it is appropriate or available for use in every location. Features may differ or be unavailable in some regions, and any offer made through the Service is void where prohibited. If you access the Service from outside the area we primarily serve, you do so on your own initiative and are responsible for complying with applicable local laws, including export and sanctions laws.
Feedback
If you send us feedback or suggestions, you agree that we may use them without restriction or obligation to you, and that such feedback is non-confidential.
General
If any provision of these Terms is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in effect. These Terms are the entire agreement between you and FusedMagic regarding the Service and supersede any prior understandings. Our failure to enforce any provision is not a waiver of it, and these Terms do not create any third-party rights.
Contact
Questions about these Terms? Email legal@fusedmagic.com.