Magic Earth – Terms of Service
Effective Date: May 14, 2025
1. Introduction
Welcome to Magic Earth, a navigation application provided by Magic Lane International B.V. (“Magic Earth”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Magic Earth application, website, and related services (collectively, the “Service”). Please read these Terms carefully before using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms.
2. Eligibility
The Service is intended for individuals aged 13 and older, or the age of digital consent in your country, whichever is higher. If you are under the legal age required to enter into a binding contract or make in-app purchases in your jurisdiction, you must obtain verifiable consent from a parent or legal guardian. By accessing or using Magic Earth, you represent and warrant that you meet this requirement.
3. Definitions
“User” means anyone who downloads, installs, accesses, or uses the Service.
“Content” means any maps, routes, text, graphics, or data provided by Magic Earth or submitted by Users.
“Service” refers to all features, services, and content made available through the Magic Earth app and website.
4. Privacy Policy
Your privacy is important to us. Our practices concerning the collection, use, and sharing of your information are described in our Privacy Policy at https://www.magicearth.com/privacy. By using the Service, you agree to our collection and use of information as described therein.
5. Account and Registration
You do not need to create an account to use Magic Earth. However, some optional features may require login or personalization. You agree to provide accurate information if you register and to maintain the confidentiality of your credentials. You are responsible for safeguarding your username and password from unauthorized use and must promptly inform Magic Earth of any misuse. If you are a minor, your parent or legal guardian shares this responsibility. You are personally accountable for all activities conducted through your account.
6. Subscription and Payment
Magic Earth offers an optional annual subscription to support continued development, privacy protections, and map updates. The applicable subscription price is displayed in the App and on our Website. All subscriptions are billed and managed through the Apple App Store and are subject to Apple’s terms and payment processing.
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your Apple ID account settings at any time.
Right of Withdrawal (EU Residents Only)
If you are located in the European Union, you may have the right to withdraw from your subscription within 14 days of purchase, without giving a reason. However, if you begin using the subscription service immediately after purchase and consent to the immediate start of service, you may waive this right.
Example: If you purchase a subscription and begin using premium features immediately, you may waive your withdrawal right. If you do not use the service, you may request a refund within 14 days via Apple Support.
To cancel a subscription or request a refund, please visit reportaproblem.apple.com, as all billing and refund decisions are handled solely by Apple. Magic Earth does not have access to or control over Apple’s billing systems.
Magic Earth reserves the right to change subscription fees, applicable taxes, or introduce new fees. Any such changes will be communicated in advance in accordance with applicable laws and Apple App Store guidelines.
7. User Conduct
By using the Service, you agree not to:
Use the Service for unlawful or harmful purposes.
Upload malicious code or interfere with the Service.
Copy, decompile, or reverse-engineer any part of the Service.
Use bots or automated systems to access the Service.
Violation of these rules may result in termination of your access.
8. User-Generated Content
Magic Earth currently does not allow users to submit public content (such as shared routes or map edits). If such features are introduced, users will retain ownership of their submissions but grant Magic Earth a non-exclusive, worldwide, royalty-free license to use, distribute, and display such content within the Service.
9. Intellectual Property
All content and technology within the Service is licensed by Magic Lane International B.V. or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for personal, non-commercial purposes.
10. Third-Party Services
Magic Earth may integrate with or use data from third-party services. We are not responsible for the content, functionality, or privacy practices of third-party providers. Your use of such services is subject to their terms.
11. Disclaimers
The Service is provided “as is” and “as available.” Magic Earth does not warrant that the Service will be uninterrupted, secure, fully up-to-date or error-free. Use of the Service is at your own risk.
You acknowledge that this agreement is between you and Magic Lane International B.V., not Apple. Apple is not responsible for the Service or its content, and you will not hold Apple liable for any claims related to your use of the Service.
12. Limitation of Liability
To the fullest extent permitted by law, Magic Lane International B.V. shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Service.
13. Indemnification
You agree to indemnify and hold harmless Magic Lane International B.V. and its affiliates from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of the Service or violation of these Terms.
14. Changes to Terms
We may revise these Terms at any time. Material changes will be communicated via the Service. Continued use after changes go into effect constitutes acceptance of the revised Terms.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Netherlands. Any disputes shall be resolved exclusively by the courts of Amsterdam, the Netherlands.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and Magic Lane International B.V. with respect to the Service, superseding all prior agreements.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Magic Lane International B.V.
Narva-Eiland 52
1014 ZJ Amsterdam
Noord-Holland, Netherlands
Email: support@magicearth.com
Website: https://www.magicearth.com
19. Updates and Modifications to the Service
We are constantly changing and improving our Service. We may add or remove features, or suspend or stop the Service altogether. You can stop using our Service at any time. We also reserve the right to remove content that violates these Terms or is deemed harmful to the Service or its users.
20. Mobile Services and App Stores
You acknowledge that the availability of the Magic Earth app is dependent on third-party stores such as the Apple App Store. Each store may have its own terms which you must agree to in order to download or use our app. Magic Earth is solely responsible for the Service and not the app stores. Your use of the Service must also comply with applicable third-party terms of service, including the Apple Media Services Terms and Conditions.
You further acknowledge and agree that Apple is not responsible for any maintenance or support of the Service, nor is it liable for any claims, losses, liabilities, damages, or expenses relating to the Service or its use, including product liability claims or claims arising under consumer protection laws.
21. Feedback
We appreciate feedback, comments, and suggestions you may provide. By submitting feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use it for any purpose, without compensation or credit to you.
22. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.