This Agreement governs terms and conditions between you on your own behalf, and (if applicable) on behalf of your entity or organization (“Client”) and Magicmotorsport S.r.l. You should review this entire Agreement as the contents of the terms and conditions are important and create a legal agreement that, after being accepted, applies to you and, if applicable, to your entity or organization. By using or accessing our Services and/or accepting the terms and conditions where the option is made available to you on our website, (i) you agree to the terms set out in this Agreement; and (ii) you represent and warrant that you have the necessary authority to bind your entity or organization to these terms.
1. Services For this Agreement, “Services” means the applications made available to Client and/or any other material, duty, function or task Magicmotorsport S.r.l. provides, facilitates, makes available or performs under this Agreement under domain app.stagex.ai. Magicmotorsport S.r.l. shall maintain, and shall see that its representatives maintain commercially reasonable administrative, physical and technical safeguards for the Data submitted by Client (as defined in section 8 below). Client acknowledges that Client’s use of Services will involve transmission over the Internet and other networks, only part of which may be owned or controlled by Magicmotorsport S.r.l. Magicmotorsport S.r.l. is not responsible for any Client Data which is delayed, lost, altered, intercepted or stored through no fault of Magicmotorsport S.r.l.
2. Grant of Use Magicmotorsport S.r.l. shall permit Client to use the Services in a non-exclusive, non-transferable, time-limited (revoked upon termination) manner as agreed herein as up to (a) 10 projects per day for the license period of time (b) No third party, other educational institution or business group or entity may make use of, or obtain access to Services without a separate agreement. Any suspicious connection/network traffic behavior related to the Services can be detected and will result in permanent account blockage.
3. Reservation of Rights, Restriction of Use Magicmotorsport S.r.l. reserves all rights not explicitly granted to Client under this Agreement. Client agrees not to reverse engineer, hack or attempt to hack into, decompile or disassemble the Services. Any detection of these types of activities will result in permanent account blockage.
4. Confidentiality & Proprietary Information Client’s use of the Services is subject to confidentiality restrictions. Client shall not furnish the Services or Magicmotorsport S.r.l.'s Confidential Information to any unauthorized person or entity. “Confidential Information” means information provided to Client about Magicmotorsport S.r.l.’s products or services, business, affairs, vendors, computer systems, installations or clients, to the extent that the information might reasonably be expected to be confidential. Client acknowledges that the Services provided are proprietary to Magicmotorsport S.r.l.
5. Time & Storage Limits Client’s use of and access to the Services is time-limited. This Agreement shall start on the Initial Subscription Term (“Effective Date”) and continue until the verification of one of the following:a) Magicmotorsport S.r.l. elects to terminate the Services by providing no less than 7 days written notice orb) the Final Subscription Term (End of Subscription Time).Clients who subscribe to the automatic payment of the Services accept the payment conditions in force at the time of subscription. Payment shall take place through credit card and will be subject to 3,5% transaction fees and, if applicable, the VAT percentage applied in the Client’s country. The Client must maintain sufficient funds in their account to cover the subscription cost and enable their credit card to online payments to maintain this subscription. Client shall receive automatic notification of the approaching expiration of the account via email and the system will make five (5) attempts to retrieve payment after which, an unsuccessful transaction will lead to the deactivation of the subscription with no chance of retrieval of the previous payment conditions.All payments under this Agreement are deemed to be covered by the right of withdrawal.Magicmotorsport S.r.l. shall not be responsible or liable for archiving or storing any data during or after the Agreement ends. Upon termination or expiration of this agreement, Client shall cease use of Services.
6. Support and Maintenance Magicmotorsport S.r.l. shall provide support on an as-is basis.
7. Mappack Limits Every StageX Plus subscriber can apply a maximum of 10 free mappacks per day. When the user tries to override the limits related to the number of free mappacks applied within 24 hours or uses the application in any way contrary to its intended use, these actions will result in a temporary and/or permanent blockage or access restriction to StageX Services.
8. Client Data Client owns and retains all right, title and interest to, or has appropriate possessory rights in any information, data, results, or other materials uploaded to or through the Service (“Client Data”). Magicmotorsport S.r.l. makes no claim of title or ownership to Client Data. Client permits Magicmotorsport S.r.l. to use Client Data to the extent required to provide and perform the Services under this Agreement. If Client provides Magicmotorsport S.r.l. with materials owned or controlled by Client or with use of, or access to, such materials, Client grants Magicmotorsport S.r.l. all rights and licenses that are necessary for Magicmotorsport S.r.l. to fulfill its obligations hereunder.
9. Disclaimer of Warranty Magicmotorsport S.r.l. warrants that the Services provided to Client under this Agreement will achieve in all material respects, the functionality described in the applicable documents published by Magicmotorsport S.r.l. for all clients such as user’s manual or release notifications (“Documentation”). Except as set forth in this Agreement, the Services are provided under this Agreement “AS IS” WITHOUT ANY RESPONABILITY OF ANY KIND FOR MAGICMOTORSPORT. THE ENTIRE RISK, INCLUDING DIRECT AND INDIRECT DAMAGES, ARISING OUT OF THE USE OR PERFORMANCE OF SERVICES REMAINS WITH CLIENT. IN NO EVENT SHALL MAGICMOTORSPORT S.R.L BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE PRODUCTS AND SERVICES, EVEN IF MAGICMOTORSPORT S.R.L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Ticket Requests Ticket response time is within 24 hours during working days, however more complex issues can require several days to solve, as they also involve functionality fixes by our development team.
11. Feedback Client shall report to Magicmotorsport S.r.l. throughout the subscription term, and also as soon as practical but in no event later than thirty (30) days after the termination or expiry of this Agreement, any feedback, comments or opinions, including (i) any positive or negative observations and comments about the Services including those derived from or related to performance information or analyses such as benchmarks; and (ii) any ideas or suggestions pertaining to the Services (collectively, “Feedback”). By submitting Feedback to Magicmotorsport S.r.l., Client acknowledges and agrees that (a) it has all rights necessary to provide Feedback to Magicmotorsport S.r.l. under the terms of this section, but no right to disclose Feedback in any manner to any third party; (b) Magicmotorsport S.r.l. is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Magicmotorsport S.r.l. shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (d) the Feedback becomes Magicmotorsport S.r.l.’s property and Confidential Information without any obligation to Client; and (f) Client is not entitled to any compensation or reimbursement of any kind from Magicmotorsport S.r.l. for such Feedback.