Terms of Service

Welcome to Magicpill Labs! These Terms of Service ("Terms") govern your access to and use of Magicpill Labs LLC platforms, products, AI agent monitoring tools, consulting services, APIs, websites, software, and related services, including MagicOps™, SparkEval, and any current or future products we release (collectively, the "Services"). "Magicpill Labs", "MPL", "we", "us", or "our" refers to Magicpill Labs LLC, a Washington State limited liability company. "You" or "User" means the individual or entity accessing or using the Services.

By accessing or using any part of the Services, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Services.

1. Eligibility & Account Registration

• You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
• If registering on behalf of an organization, you confirm you are authorized to create the account and bind the organization.
• You agree to provide accurate, complete, and current registration information and to keep it updated.
• You are responsible for safeguarding your credentials and all activity under your account.

2. Use of the Services

You may use the Services only in accordance with these Terms and applicable law. You may not:

• Use the Services for unlawful, harmful, infringing, or abusive purposes
• Attempt to bypass security, rate limits, metering, or authentication mechanisms
• Scrape, harvest, or index data except as explicitly permitted by an API agreement
• Reverse-engineer, decompile, or disassemble proprietary components except where permitted by law
• Interfere with or disrupt infrastructure, networks, or other users' access
• Use outputs to build competing foundation datasets unless explicitly licensed

3. Subscription Plans, Billing & Payment

• Some or all Services (or features) may require a paid subscription or usage-based billing.
• Pricing, plan tiers, and included limits are described on our site or ordering documents and may change prospectively.
• By subscribing, you authorize us (and our payment processor, e.g., Stripe) to charge fees plus applicable taxes.
• Subscriptions auto-renew unless canceled prior to renewal; cancellation applies to future terms only.
• Overages (e.g., extra evaluation runs, storage, API calls) may be billed at prevailing rates.
• Refunds are only provided where required by law or expressly stated in a posted refund policy.

4. User Content & Data

• You retain ownership of prompts, datasets, configuration files, metrics, annotations, and other content you submit ("User Content").
• You grant us a limited, worldwide, non-exclusive, revocable license to host, process, transform, and display User Content solely to provide, maintain, secure, and improve the Services.
• You are responsible for ensuring you have rights to all User Content and that it does not violate law or third-party rights.
• We may remove User Content that violates these Terms or poses security/compliance risk.
• Aggregated and de-identified analytics that cannot reasonably identify you are our data (used to improve performance and reliability).

5. Privacy

• Our collection and use of personal data is described in our Privacy Policy.
• For enterprise customers, a separate Data Processing Addendum (DPA) may apply where required (e.g., GDPR).
• By using the Services, you consent to processing per those policies.

6. Intellectual Property

• The Services, underlying evaluation methodologies, software, UI components, model routing logic, and branding are owned by Magicpill Labs LLC or licensors.
• Except for rights expressly granted, no licenses to patents, copyrights, trademarks, or trade secrets are conveyed.
• You may not copy, modify, sublicense, resell, or create derivative works of proprietary components without written permission.

7. Third-Party Services & AI Providers

The Services may integrate third-party APIs (e.g., model providers) or tools. Their use is subject to their separate terms. We do not control third-party availability or behavior.

8. Disclaimers & Limitation of Liability

• THE SERVICES (INCLUDING AI OUTPUTS, SCORES, BENCHMARKS, AND RECOMMENDATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
• AI-generated outputs may be probabilistic, incomplete, or contain errors; you are responsible for human review and downstream decisions.
• We disclaim warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
• Our aggregate liability for all claims arising from or related to the Services will not exceed the amounts paid by you to us for the 3 months preceding the claim (or $50 if no fees were paid).

9. Termination

• We may suspend or terminate access for breach, security risk, fraud, or legal compliance reasons.
• You may terminate by ceasing use and (where applicable) canceling subscriptions; fees already paid are non-refundable except where required by law.
• Upon termination we may (subject to retention obligations) delete or archive data after a reasonable period; you are responsible for exporting prior to termination.

10. Changes to Terms

We may update these Terms. Material changes will be notified via email, dashboard notice, or changelog at least 14 days before effectiveness unless required sooner by law or security needs. Continued use after the effective date constitutes acceptance.

11. Governing Law; Venue

These Terms are governed by the laws of the State of Washington, excluding conflict-of-law rules. Exclusive jurisdiction and venue lie in state or federal courts located in Washington State, and you consent to their personal jurisdiction.

12. Contact Us

Questions about these Terms:

Email: support@magicpilllabs.com

Response Time: We aim to respond within 30 days.