Terms of Service

1. Agreement to Terms

By accessing or using Magic Marketer App ("the Service"), operated by Magic Marketer Pty Ltd (ABN 47 695 318 659) of Adelaide, South Australia, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Magic Marketer App is a subscription-based marketing software platform that assists individuals and organisations in creating, scheduling, and publishing content to social media and other connected platforms. The Service includes:

• Content capture and generation: creating posts from live conversation recordings, uploaded audio, pasted transcripts, or manual prompts, using AI-assisted drafting in your (or your organisation's) voice
• Compliance and brand checking: optional regulatory framework presets (including TGA, APRA, AHPRA, FBAA, MFAA, ACCC, CPA, and IIA-related checks) and user-defined brand "Guardrails," applied to drafts before publishing
• Publishing and scheduling: multi-platform publishing and scheduling, including AI-suggested optimal posting times based on your engagement analytics
• Team and organisation accounts: shared brand settings, content libraries, and admin review-and-approve workflows for organisations with multiple connected users
• Notifications and performance reporting: email notifications relating to draft readiness, posting consistency, engagement, and performance summaries

Features available to you depend on your plan and account type (individual or organisation).

3. Account Registration

You must register for an account to use the Service. You agree to provide accurate and complete information and to keep your account credentials confidential. You are responsible for all activity that occurs under your account.

Accounts are for individual use unless you have purchased a team or organisation plan. Sharing account credentials with others is not permitted.

3a. Team & Organisation Accounts

Where the Service is used by an organisation, the organisation's account administrator(s) are responsible for managing team member access and for the organisation's compliance with these Terms. Administrators may have visibility into team members' posting activity, drafts, and performance data within the organisation's account. By joining an organisation account as a team member, you consent to this visibility. Organisations are responsible for ensuring they have appropriate rights to add individuals as team members and for any internal policies governing employee use of the Service.

3b. Recording, Transcription & Consent

The Service allows you to generate content from recorded or transcribed conversations, including via: (a) a meeting assistant that joins a call with your permission; (b) live in-browser recording; (c) uploaded audio files; or (d) transcripts you paste directly into the Service.

You are solely responsible for obtaining any consent required from other participants before recording, transcribing, or uploading a conversation involving them, in accordance with applicable recording and surveillance laws in your jurisdiction (which vary — for example, some Australian states require all-party consent to record a private conversation). Magic Marketer Pty Ltd is not a party to your conversations and takes no responsibility for your compliance with such laws.

Audio and transcript content you provide is processed to generate the content you request and is not retained by the Service beyond what is necessary for that purpose. See our Privacy Policy for details.

4. Subscription and Payment

The Service is billed on a monthly basis at AUD $99 per profile, unless otherwise agreed in writing. Payment is due at the start of each billing period. We use Stripe as our payment processor.

The specific features, usage limits, and number of connected profiles or team members included in your subscription are those set out on our website's pricing page (magicmarketer.app/pricing) at the time of your purchase or renewal, as may be updated by us from time to time. Where a paid upgrade is required to access a new feature, we will make this clear before you are charged.

Subscriptions automatically renew unless cancelled. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period and no refunds are issued for unused time.

We reserve the right to change pricing with 30 days' written notice to your registered email address.

4a. Communications & Notifications

By using the Service, you agree to receive service-related email communications, including notifications about draft availability, posting consistency ("streak") reminders, comment/DM alerts, and performance summaries. These are considered part of the Service and are enabled by default for active accounts. You may opt out of non-essential notification categories at any time via Settings → Notifications; we will still send you communications necessary to operate your account (e.g. billing, security, and legal notices) regardless of notification preferences.

5. Promotional Use and Marketing

By purchasing a subscription, you agree that Magic Marketer App may feature you, your company, your brand name, logo, and publicly available content (including posts created through the Service) in our promotional materials — including our website, marketing materials, case studies, social media, email campaigns, and presentations to partners or investors.

You grant us a non-exclusive, worldwide, royalty-free licence to use your name, likeness, company name, logo, and content for those promotional purposes in connection with marketing Magic Marketer App. We will use such materials in a professional manner and in accordance with applicable law.

To opt out of future promotional use, email grow@magicmarketer.app. We will honour reasonable requests for materials not yet published; we may not be able to withdraw materials already distributed.

6. Acceptable Use

You agree not to use the Service to: (a) violate any applicable law or regulation; (b) infringe the intellectual property or privacy rights of any third party; (c) distribute spam, malware, or harmful content; (d) attempt to gain unauthorised access to any part of the Service; or (e) use the Service for any purpose that Magic Marketer Pty Ltd reasonably deems harmful to itself or its users.

You are responsible for ensuring that any content published through the Service complies with all applicable laws and industry-specific regulations relevant to your business, including but not limited to those administered by the TGA, APRA, AHPRA, ASIC (including FBAA and MFAA standards for finance and mortgage brokers), the ACCC (including Australian Consumer Law), CPA Australia, and the Institute of Internal Auditors Australia. Magic Marketer App's compliance framework presets, Guardrails, and any other compliance-related features are provided as a guide only, reflect general rule sets that may not capture your specific circumstances, and do not constitute legal or regulatory advice. You remain solely responsible for reviewing and approving all content before publication.

7. Intellectual Property

You retain ownership of all content you create or upload through the Service. This includes audio recordings, transcripts, and any other materials you provide for the purpose of generating content through the Service. By using the Service, you grant Magic Marketer Pty Ltd a limited, non-exclusive licence to process your content solely to provide the Service.

The Service, including all software, designs, and underlying intellectual property, is owned by Magic Marketer Pty Ltd. Nothing in these Terms transfers ownership of our intellectual property to you.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements. To the maximum extent permitted by Australian law, we disclaim all implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

To the maximum extent permitted by law, Magic Marketer Pty Ltd's total liability to you for any claim arising out of or related to these Terms or the Service is limited to the amount you paid us in the three months preceding the claim. We are not liable for any indirect, incidental, consequential, or punitive damages.

10. Termination

You may terminate your account at any time. We may suspend or terminate your access to the Service immediately if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the Service ceases. Data deletion is handled in accordance with our Privacy Policy.

11. Third-Party Platforms

The Service integrates with third-party platforms (including LinkedIn, Instagram, Facebook, Twitter/X, TikTok, YouTube, Threads, Google Business Profile, and others as added) to publish or schedule content on your behalf. We are not responsible for outages, API changes, content removal, or account restrictions imposed by these third-party platforms. Your use of connected platforms remains subject to their own terms of service.

12. Governing Law

These Terms are governed by the laws of South Australia, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Australia.

13. Contact

Questions about these Terms? Email us at grow@magicmarketer.app.