Terms of Services

1. Terms and Definitions

1.1. The use of software and services on the websites (hereinafter referred to as “Services”) owned by Magicmotorsport S.R.L. (hereafter Magicmotorsport) is subject to the following general conditions of use.

1.2. Unless otherwise agreed in writing with Magicmotorsport, the User’s contract with Magicmotorsport will be governed by the terms and conditions set forth herein. These are referred to below as “Universal Terms”.

1.3. Your contract with Magicmotorsport may also be governed by additional terms and conditions established by Magicmotorsport in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. The Additional Terms may also be applied to a Service by accessing the same Service.

1.4. The Universal Terms, together with the Additional Terms (hereinafter referred to as the “Terms”), form an integral part of a legally binding agreement between you and Magicmotorsport relating to your use of the Services.

1.5. In the event of a contradiction between the Additional Terms and the Universal Terms, the Additional Terms will prevail with respect to the particular Service or Software.

 

2. Acceptance of Terms

2.1. To use the Services, the User must accept the Terms and Conditions.

2.2. The User can accept the Terms:

1. a) by clicking to accept the Terms of Service, where this option is made available in the User Interface by Magicmotorsport;
2. b) by tacit acceptance through the use of the Services, the User agrees that Magicmotorsport, its affiliates or partners, will consider such use as tacit acceptance of the Terms by the User.

2.3. The User cannot use the Services and cannot accept the Terms if:

(a) they are not of legal age to enter into a legal contract with Magicmotorsport;

(b) they are prohibited from using the Services under the laws of Italy or in other countries, including the country in which they are a resident or from which they use the Services.

2.4. The User declares to print or save a copy of the Terms.

 

3. Language of Terms

3.1. The User declares to be aware that Magicmotorsport uses the Italian language for the drafting of the Terms. If Magicmotorsport has provided a translation of the Terms from the Italian version, the User agrees that in the event of any conflict between the translated version and the Italian language version, the latter will prevail.

 

4. Services provided by Magicmotorsport, its Affiliates or Partners

4.1. Magicmotorsport has subsidiaries and affiliates around the world (“Subsidiaries and Affiliates”) by virtue of commercial agreements. These subjects may provide Services on behalf of Magicmotorsport. The user acknowledges and agrees that Subsidiaries and Affiliates will have the right to provide the Services.

4.2. The work of Magicmotorsport is constantly evolving to offer the best possible experience to its users. The User acknowledges and accepts that the form and nature of the Services that Magicmotorsport provides may change without notice.

4.3. The User acknowledges and accepts that Magicmotorsport may discontinue (permanently or temporarily) the provision of its Services (or any element within the Services) at the sole discretion of Magicmotorsport, with a 24-hour notice by email to the User. The User can suspend, interrupt and/or cease to use the Services at any time. There is no need to inform Magicmotorsport when you decide to suspend, interrupt and/or cease to use the Services, without prejudice to the contractual obligations assumed. The User accepts that interruptions to access of the Services may also not be dependent on the will of Magicmotorsport and that, therefore, in no case will Magicmotorsport be held liable for damages, direct or indirect, dependent on such interruptions of the Services.

4.4. The User acknowledges and accepts that Magicmotorsport reserves the right to disable access to their account or to the Service for serious reasons (by way of example but not limited to, due to arrears, insolvency, improper use of the Services, improper use of Accounts, etc.).

4.5. The user acknowledges and accepts that Magicmotorsport has established the maximum limit of monthly coins in the number of 300 (three hundred) exclusively for the owners of MAGP1.2M and MAGP1.12M products and for the Flex owners with the Master SW package. The maximum coin limit may be changed at any time and at Magicmotorsport’s discretion.

4.6. The User acknowledges and agrees that Magicmotorsport Products and Software are sold separately. The purchase of the hardware does not automatically entail the purchase of the software. When purchasing a Service, the User receives instructions for activating the product on the Helpdesk platform. The duration of the validity of the subscription is 365 days from the activation of the Service. In the event of payment for the renewal of the subscription service made after the deadline, Magicmotorsport will reactivate the subscription with effect from the day following the deadline.

4.7. The User acknowledges and accepts the terms and conditions dictated by Magicmotorsport for the annual payment of the subscription. The annual fee must be paid to Magicmotorsport after one (1) year from the activation of a new Flex tool; the cost will vary according to the SW configuration of the instrument purchased; applicable prices may be consulted on the online shop;

4.8 The User has a legal guarantee. In the event of an active subscription, the User can take advantage of the lifetime warranty which will expire when the subscription is not renewed. In case of renewal after the expiry date, the subscription will be considered active from the effective date of the first activation.

 

5. Use of the Services

5.1. To access certain Services, the User understands that information about a car model / ECU (such as identification or other details) may be required for the registration process or for the continued use of the Services. The User confirms that any information given to Magicmotorsport will always be accurate and up-to-date.

5.2. The user agrees to use the Services only for purposes permitted by (a) the Terms and (b) any applicable law or regulation or generally accepted practice or directive in the applicable jurisdictions (including laws relating to vehicles and the laws of the public road).

5.3. The user agrees not to access (or attempt to access) any of the Services through any means other than through the interface provided by Magicmotorsport, unless specifically authorized to do so in a separate agreement with Magicmotorsport. The user expressly agrees not to access (or attempt to access) any of the Services by any automated means (including the use of “scripts” or “web crawlers”) and agrees to ensure they will not share access to the services with third-party users.

5.4. The User agrees not to engage in any works that could interfere with – or interrupt – the Services or the servers and networks that are connected to the Services.

5.5. The User accepts and acknowledges that, unless specifically authorized in writing by Magicmotorsport, it is strictly forbidden to reproduce, duplicate, copy, sell, commercialize or resell the Services or the result of the Services for any purpose whatsoever.

5.6. The user agrees that they are solely responsible for any violation of the Terms and for the related consequences, including any loss or damage that Magicmotorsport may suffer because of the above-mentioned violation. Magicmotorsport can never be held liable to the user or to any third party.

5.7. If the Services require hardware repair by the specialized Magicmotorsport team of Magicmotorsport, the shipment of the products will be governed by the following conditions:

• 5.7.1. All items entering Magicmotorsport will be shipped at the customer’s expense. It is the customer’s responsibility to ensure the shipment. Magicmotorsport is not responsible for incoming shipments.
• 5.7.2. All incoming products will be inspected and, when possible, repaired by Magicmotorsport highly qualified technicians. Shipping costs for returning the products under warranty or for replacing the instrument under warranty will be borne exclusively by Magicmotorsport.

5.8. Magicmotorsport is not responsible for the removal, installation, modification and use of mechanical, electronic and electrical parts of motor vehicles.

5.9. In the event of theft or loss of hardware, the User must purchase new hardware to continue using the Services and by recovering their Account.

 

6. Password and SSecurity AAccount

6.1. The User acknowledges and agrees to be responsible for maintaining the secrecy of the passwords associated with any account they use to access the Services.

6.2. The User agrees to be solely responsible to Magicmotorsport for any activities carried out under his account.

6.3. If the User becomes aware of any unauthorized use of their his password and/or account, or in the event of theft or loss, he/she undertakes to promptly notify Magicmotorsport at: info@magicmotorsport.com. In the event of theft or loss, the User must also attach a copy of the report and will have the right to repurchase only the hardware without paying the price of the software.

 

7. Privacy Policy and User Personal Information

7.1. For information on Magicmotorsport’s data protection policies, please read the Magicmotorsport Privacy Policy at https://www.magicmotorsport.com/en/privacy-policy/. This document illustrates how Magicmotorsport processes personal information and protects your privacy when you use the Services, in compliance with European Regulation 679/2016 (GDPR).

7.2. The User consents to the use of their data in accordance with Magicmotorsport’s Privacy Policy.

 

8. Content of the Services

8.1. The User acknowledges that all information (such as data files, written texts, computer software, photographs, videos or other images), hereinafter also “Content”, to which he/she can access through the use of the Services are the sole responsibility of the person who created that content.

8.2. The User must not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (whether in whole or in part) unless specifically permitted by Magicmotorsport, or the owners of that Content, in a separate agreement.

8.3. Magicmotorsport reserves the right (but not the obligation) to preview, review, flag, filter, edit, refuse, or remove all or any portion of Content from any Service.

8.4. The User agrees to use the Services at his own risk and responsibility.

8.5. The User agrees that he/she is solelyis’s the solely responsible for any Content created while using the Services and for the consequences of his actions (including any loss or damage that Magicmotorsport may suffer). Magicmotorsport can never be held liable to them or to any third party.

 

9. Property Rights

9.1. The User acknowledges and agrees that Magicmotorsport (or Magicmotorsport’s partners) owns all legal rights, titles and interests relating to the Services, including any intellectual property rights in the Services (whether or not such rights have been registered in Italy or in any other part of the world) and trademarks. The User further acknowledges that the Services may contain information which is classified as confidential by Magicmotorsport and that he shall not disclose such information without the prior written consent of Magicmotorsport.

9.2. Unless otherwise agreed in writing with Magicmotorsport, the user may not use any of Magicmotorsport’s or Magicmotorsport’s associated trade names, trademarks, logos, domain names and/or other representations of Magicmotorsport or associated trademarks, even for merely descriptive purposes.

9.3. The Terms also do not grant the User the right to use trademarks or any other intellectual property right – even for purely descriptive purposes – owned or belonging to third parties. If the User has been expressly granted the right to use any of Magicmotorsport’s or Magicmotorsport’s associated trade names, trademarks, logos, domain names and/or other representations of Magicmotorsport or associated trademarks under a separate written agreement with Magicmotorsport, he/she agrees that the use shall occur in accordance with this agreement and with the Terms set forth herein and with the usage guidelines established by Magicmotorsport.

9.4. Other than the limited license in art. 11), Magicmotorsport acknowledges and agrees that it obtains no right, title or interest from the user (or others), under these Terms, to any Content submitted through the Services, including any intellectual property right on a given Content). Unless otherwise agreed in writing with Magicmotorsport, the User agrees that he is responsible for the protection and enforcement of those rights and that Magicmotorsport has no obligation to do so on his behalf.

9.5. The user agrees not to remove, obscure, or alter any proprietary information (including copyright and trademarks) that may be posted or contained in the Services.

9.6. Unless expressly authorized in writing by Magicmotorsport, the User agrees that while using the Services, he will not use any trademark, trade name, logo of any company or organization in a manner that is likely or intended to cause confusion as to the owner or to any authorized user.

 

10. User license

10.1. Magicmotorsport grants the User a personal, non-sublicensable and non-exclusive license to use the software owned by Magicmotorsport as part of the Magicmotorsport Services (hereinafter “Software”). This license is for the sole purpose of enabling you to use and enjoy the Services as intended by Magicmotorsport.

10.2. The User may not, for himself or for others, copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or if permission has been specifically granted in writing by Magicmotorsport.

10.3. Unless Magicmotorsport has given you specific written permission to do so, you may not assign (or sublicense) your rights to use the Software, or transfer any portion of your rights to use the Software.

 

11. Contents of the License

11.1. The User who owns the copyright and any other right in their Contents transferred or communicated via the Services grants Magicmotorsport a perpetual, irrevocable, free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute the same Contents. This license is for the sole purpose of allowing Magicmotorsport to display, distribute and/or promote the Services.

11.2. The User agrees that Magicmotorsport, in carrying out the technical procedures required to provide the Services to its users, may (a) transmit or distribute its Content over various public networks and by various means; and (b) make changes to the Content as necessary to conform and adapt that Content to the technical requirements of the networks, devices, services or media.

11.3. The User confirms and warrants to Magicmotorsport that he has all rights, power and authority necessary to grant the aforementioned license.

 

12. Software Updates

12.1. The Software automatically downloads and installs updates released by Magicmotorsport. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced features, new software modules and completely new versions. You agree to receive such updates (and authorize Magicmotorsport to provide them) as part of your use of the Services.

 

13. Termination of Relationship with Magicmotorsport, its Affiliates, or Partners

13.1. The Terms will continue to apply until the contract is terminated.

13.2. Magicmotorsport may terminate the User Agreement at any time if:

• 13.2.1. the user violates a provision of the Terms (or have acted in a manner that clearly shows that you are unwilling or unable to comply with any provision of the Terms);
• 13.2.2. Magicmotorsport is required to do so by law (in the case where the provision of the Services to the User is or becomes illegal);
• 13.2.3. the partner through whom Magicmotorsport has offered the Services has terminated its relationship with Magicmotorsport or has ceased to offer the Services to it;
• 13.2.4. the provision of the Services to the User by Magicmotorsport is, at the sole discretion of Magicmotorsport, no longer commercially viable.

13.3. This Article will not affect Magicmotorsport’s rights to provide Services under Article 4 of the Terms.

 

14. Warranty

14.1. The Services have a legal guarantee starting from the activation of the Service, without prejudice to the causes of exclusion provided for by current regulations.

14.2. The User expressly acknowledges and agrees that the use of the Services takes place under his sole responsibility and at his own risk and that the Services are provided “as is” and “as available”.

14.3. Magicmotorsport and its partners do not guarantee that:

• 14.3.1. the use of the Services meets the User’s expectations;
• 14.3.2. the use of the Services will be uninterrupted, timely, and error-free;
• 14.3.3. any information obtained as a result of using the Services will meet your expectations;
• 14.3.4. that the operation or functionality of any software provided to you as part of the Services is error-free.

14.4. Any files downloaded or otherwise obtained through the use of the Services are at the user’s own discretion and risk, and the user will be solely responsible for any damages or loss of data resulting from the download of any such material.

14.5. No oral or written advice, suggestion, direction or information obtained from Magicmotorsport or through the Services will create a warranty other than that expressly stated in the terms.

14.6. The guarantee of the Magicmotorsport Services applies only to its Users who have purchased a Magicmotorsport product and/or service and not to third parties who may have directly or indirectly received services from or through Magicmotorsport products or services.

 

5. Disclaimer

15.1. The User expressly acknowledges and agrees that Magicmotorsport, its subsidiaries and affiliates, and its partners, and their respective directors, officers, employees, contractors and agents, will not be liable for:

15.1.1. Direct, indirect, accidental, consequential damages that may be caused to the User or by the User, whatever the cause or liability. This includes, but is not limited to, any loss of profits (whether directly or indirectly), any loss of goodwill or reputation, any loss of data suffered, cost of acquiring substitute goods and services, or other losses tangible or intangible or patrimonial;

15.1.2. Losses or damages that may be incurred by the User as a result of:

• 15.1.2.1. Any reliance placed by the User on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
• 15.1.2.2. Any changes that Magicmotorsport may make to the Services, or for any permanent and/or temporary cessation in the provision of the Services (or any part of the Services);
• 15.1.2.3. Deletion, corruption, or damage to any Content or other communication of data maintained or transmitted by or through the use of the Services;
• 15.1.2.4. failure to provide the User  with accurate Magicmotorsport account information;
• 15.1.2.5. User’s  failure to keep his password or account details secure and confidential.

15.2. The limitations on Magicmotorsport’s liability to the User in paragraph 15.1 above apply whether or not Magicmotorsport has been made aware of such losses.

15.3. If, despite the limitations indicated above, Magicmotorsport is liable to the User in respect of the Services, this liability may not exceed the value of the fees paid to Magicmotorsport for the use of the Services by the User.

 

16. Copyright and Trademark Policies

16.1. Magicmotorsport, in the event of an alleged copyright infringement under the protection of applicable international intellectual property laws (including, in the United States, the Digital Millennium Copyright Act) will close the accounts of the infringers or alleged infringers.

 

17. Announcements

17.1. Some of the Services may be funded by advertising revenue and therefore advertisements and/or promotions may be displayed. Such advertisements may be targeted to the content of information stored on the Services, requests made through the Services, or from other information.

17.2. The User agrees that Magicmotorsport may place advertisements on the Services.

 

18. Other Content

18.1. The Services may include hypertext links to other websites and/or content and/or resources. Magicmotorsport cannot have any control over sites or resources that are provided by companies and/or persons other than Magicmotorsport.

18.2. The User acknowledges and agrees that Magicmotorsport is not responsible for the availability, functionality and/or content of any site and/or external resource, and does not endorse any advertising, product and/or other material present or available on such sites or resources.

18.3. The user acknowledges and agrees that Magicmotorsport is not responsible for any loss or damage they may suffer as a result of the availability of those external sites or resources, or as a result of any reliance you place on the completeness, accuracy or existence of any advertising, product or other material on, or available through, such sites or resources.

 

19. Changes to the Terms

19.1. Magicmotorsport may change the Universal Terms or the Additional Terms from time to time. Any new Additional Terms will be made available to the User in, or through, the Services.

19.2. The User acknowledges and agrees that if he uses the Services after the date on which the Universal Terms or Additional Terms have been changed, Magicmotorsport will consider this use a tacit acceptance of the updated Universal Terms or Additional Terms.

 

20. General Informations

20.1. The User, when using the Services, could (as a result of, or through his use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or third party. Your use of these other services, software or goods may be subject to separate terms between you and the relevant company or third party. If so, the Terms do not apply to the legal relationship between you and these other companies or third parties.

20.2. The Terms constitute the entire legal agreement between the User and Magicmotorsport and govern the use of the Services (but exclude any services which Magicmotorsport may provide by separate written document) and completely replace any prior agreements between the User and Magicmotorsport in relation to Services.

20.3. The User accepts that Magicmotorsport may provide him with communications, including those relating to changes to the Terms, by email, ordinary mail, or messages in the Services, or promotional and advertising messages.

20.4. The user agrees that if Magicmotorsport fails to exercise or enforce any legal right or remedy which is contained in the Terms (or from which Magicmotorsport benefits under any applicable law), this will not be deemed as a formal waiver of Magicmotorsport’s rights and that those rights and/or remedies will still be available to Magicmotorsport.

20.5. In the event of invalidity, also – but not only – as a result of a judicial ruling, of one or more provisions of the Terms, this provision will be removed from the Terms without affecting the validity of the remaining Terms which will continue to be valid and effective.

20.6. The User’s relationship with Magicmotorsport for anything not expressly provided for in the Terms is governed by the laws in force in Italy. The User and Magicmotorsport agree to submit to the exclusive jurisdiction of the court of Palermo (IT). Notwithstanding this, the User accepts that Magicmotorsport is authorized to request measures of any nature (and equivalent urgent legal measures) in any jurisdiction.

 

Terms of Service Last Amended: Dec 01, 2023
© MAGICMOTORSPORT
MAGICMOTORSPORT S.R.L.
C/da Margi Soprano snc, 90047, Partinico(PA) – Italy