Terms of Service

1. Overview

These Terms of Service (“Terms”) govern your access to and use of the MAGMA website, CRM systems, client portals, communication systems, AI tools, automation systems, websites, funnels, landing pages, business phone systems, email and SMS tools, appointment booking systems, advertising infrastructure, content systems, software, dashboards, and related services.

MAGMA (“MAGMA,” “we,” “our,” or “us”) provides growth infrastructure services designed to help businesses attract, convert, nurture, retain, and scale customer relationships through technology, automation, communication, content, advertising, and strategy.

By accessing our website, submitting information, booking a call, using our platform, engaging our services, or accessing any MAGMA-related system, you agree to these Terms.

If you do not agree with these Terms, you should not use our website or services.

2. Relationship To Client Agreements

These Terms apply to general website use, platform access, CRM tools, communication systems, software-related services, and general MAGMA systems.

Client-specific service details, pricing, deliverables, timelines, payment terms, cancellation terms, usage limits, ownership terms, and package-specific obligations may be governed by a separate written agreement, order form, proposal, statement of work, or service contract.

If there is a conflict between these Terms and a signed written agreement between MAGMA and a client, the signed agreement will generally control for that specific client relationship.

3. Services Provided

MAGMA may provide access to or support for:

• CRM systems
• Communication systems
• Dedicated business phone numbers
• SMS tools
• Email tools
• AI receptionists
• AI assistants
• AI appointment setters
• Chatbots
• Workflow automations
• Lead nurturing systems
• Appointment booking systems
• Calendar systems
• Websites
• Funnels
• Landing pages
• Advertising infrastructure
• Ads Launcher tools
• Campaign templates
• Lead generation systems
• Reporting and analytics
• Content creation support
• Photography and video services
• Social media content systems
• Personal branding support
• Strategic growth consulting
• Client support and onboarding

Service availability depends on the package, agreement, subscription, or specific arrangement selected.

4. Account Access And Security

Clients and users may receive access to accounts, dashboards, CRM systems, software platforms, or client portals.

You are responsible for:

• Keeping login credentials secure
• Restricting unauthorized access
• Using strong passwords
• Monitoring account activity
• Providing accurate user information
• Ensuring authorized users follow these Terms

You must notify MAGMA promptly if you believe an account has been compromised.

MAGMA is not responsible for losses resulting from unauthorized access caused by a client’s failure to secure login credentials, devices, employees, contractors, or internal systems.

5. Client Responsibilities

Clients are responsible for:

• Providing accurate information
• Providing required assets, access, approvals, and materials
• Maintaining legal rights to submitted content
• Ensuring customer lists and lead data are lawfully collected
• Obtaining required consents for email, SMS, calls, and marketing
• Reviewing AI-generated outputs where appropriate
• Complying with advertising platform policies
• Complying with privacy, anti-spam, consumer protection, and telecommunications laws
• Maintaining payment obligations
• Using the services lawfully
• Cooperating with onboarding and implementation requirements

Delays in providing information, approvals, assets, or access may delay service delivery.

6. Acceptable Use

You agree not to use MAGMA systems or services for:

• Illegal activities
• Fraudulent activity
• Spam
• Unauthorized marketing
• Misleading advertising
• Harassment
• Abusive communications
• Impersonation
• Malware
• Phishing
• Data scraping
• Unauthorized access
• Intellectual property violations
• Privacy violations
• Hate, discriminatory, or unlawful content
• Content that violates third-party platform rules
• Any activity that may harm MAGMA, its clients, its vendors, or its systems

MAGMA may suspend or terminate access if we believe services are being misused.

7. CRM, Communications, Email, SMS, And Phone Services

MAGMA may provide tools for CRM management, email, SMS, calls, voicemail, missed-call text back, appointment reminders, customer conversations, and automated follow-up.

Clients are responsible for ensuring that communications sent through MAGMA systems comply with applicable laws, including consent, identification, unsubscribe, and message content requirements where applicable.

MAGMA does not guarantee message delivery, call completion, SMS deliverability, email inbox placement, carrier availability, platform uptime, or third-party communication performance.

8. AI Tools And Automated Systems

MAGMA may provide or configure AI-powered tools, including AI receptionists, chatbots, AI appointment setters, AI assistants, automated responses, and workflow automations.

AI systems may produce incomplete, inaccurate, unexpected, or imperfect outputs.

Clients are responsible for reviewing AI workflows, communications, scripts, responses, and outputs where appropriate.

MAGMA does not guarantee that AI systems will perfectly answer every inquiry, qualify every lead, book every appointment, or avoid every error.

AI systems are tools designed to assist business operations, not replace all human judgment.

9. Websites, Funnels, Landing Pages, And Hosting

MAGMA may build, host, maintain, or support websites, funnels, landing pages, forms, booking pages, and related digital assets.

Unless otherwise agreed in writing:

• MAGMA may use third-party platforms to host or operate websites and funnels.
• Platform availability may depend on third-party services.
• Clients are responsible for reviewing and approving website content before publication.
• Clients are responsible for ensuring business information, claims, pricing, legal disclosures, and representations are accurate.
• MAGMA is not responsible for losses caused by third-party outages, domain issues, hosting interruptions, or external platform changes.

10. Advertising And Campaign Infrastructure

MAGMA may provide support for Meta Ads, Google Ads, campaign templates, landing pages, funnels, Ads Launcher systems, lead generation campaigns, and campaign automation.

MAGMA does not guarantee:

• Ad approval
• Ad account stability
• Lead volume
• Lead quality
• Cost per lead
• Sales
• Revenue
• Return on ad spend
• Platform performance
• Search ranking
• Specific campaign results

Advertising platforms may reject, restrict, suspend, or modify campaigns or accounts at their discretion.

Clients are responsible for ad spend unless otherwise stated in a written agreement.

11. Campaign Templates And Ads Launcher

MAGMA may provide access to prebuilt campaign templates, industry campaigns, funnels, automations, landing pages, scripts, copy, creative frameworks, workflows, or related materials.

These materials are provided as part of MAGMA’s proprietary growth infrastructure.

Unless otherwise agreed in writing, campaign templates, workflows, automations, frameworks, and system structures remain MAGMA intellectual property.

Clients may use them during an active service relationship, subject to their package and agreement.

Clients may not resell, copy, reproduce, distribute, reverse engineer, or transfer MAGMA campaign systems or templates without written permission.

12. Content Creation, Photography, Video, And Branding Assets

MAGMA may provide content creation, photography, video, editing, social media content, personal branding support, podcast features, or related creative services depending on the selected package.

Clients are responsible for:

• Approving creative direction
• Providing required access
• Ensuring submitted brand assets are legally usable
• Reviewing content before publication where applicable
• Complying with industry-specific advertising rules
• Ensuring claims made in content are accurate

Ownership, usage rights, licensing, editing rights, and delivery terms for photos, videos, creative assets, and content may be governed by a separate agreement.

13. Intellectual Property

MAGMA owns or licenses all MAGMA branding, trademarks, systems, frameworks, automations, workflows, templates, software configurations, dashboards, documentation, training materials, copy frameworks, strategies, proprietary processes, and internal methods.

Clients retain ownership of their own pre-existing trademarks, logos, original content, business information, and materials submitted to MAGMA, unless otherwise agreed.

Clients grant MAGMA permission to use client-provided materials as necessary to deliver services.

No rights are transferred except as expressly stated in writing.

14. No Guaranteed Results

MAGMA provides systems, software, infrastructure, consulting, marketing support, automation, content, communication tools, and strategic services designed to support growth.

However, business results depend on many factors outside MAGMA’s control, including:

• Offer quality
• Market conditions
• Sales performance
• Budget
• Competition
• Lead handling
• Customer demand
• Industry
• Reputation
• Client responsiveness
• Advertising platform rules
• Economic conditions
• Internal operations

MAGMA does not guarantee:

• Revenue
• Sales
• Profit
• Leads
• Appointments
• Customer acquisition
• Advertising results
• Organic reach
• Search rankings
• Platform approval
• Specific business outcomes

Any examples, projections, or estimates are illustrative only and are not guarantees.

15. Payments, Billing, And Suspension

Fees, billing cycles, payment terms, deposits, setup fees, recurring fees, cancellation rules, and payment methods may be governed by a separate client agreement or order form.

Failure to pay may result in:

• Suspension of services
• Restricted platform access
• Paused campaigns
• Loss of support
• Termination of services
• Collection activity where applicable

MAGMA may continue to charge for active subscriptions, software access, usage, communications, or other services according to the applicable agreement.

16. Third-Party Platforms

MAGMA relies on third-party platforms and providers, which may include CRM providers, hosting platforms, AI providers, telecommunications providers, SMS providers, email providers, payment processors, analytics tools, advertising platforms, social media networks, domain registrars, and calendar systems.

MAGMA is not responsible for:

• Third-party outages
• Pricing changes
• Feature changes
• API changes
• Account restrictions
• Platform suspensions
• Ad disapprovals
• Deliverability issues
• Carrier filtering
• Data loss caused by third-party providers
• Security incidents caused by third-party providers

Use of third-party platforms may be subject to their own terms and policies.

17. Compliance With Laws

Clients agree to use MAGMA systems in compliance with all applicable laws, regulations, platform policies, and industry rules.

This may include laws relating to:

• Privacy
• Anti-spam
• Telemarketing
• Consumer protection
• Advertising
• Intellectual property
• Employment
• Professional services
• Industry-specific regulations

Clients are responsible for ensuring that their business practices, claims, offers, messages, customer lists, and campaigns comply with applicable laws.

18. Confidentiality

During the business relationship, both parties may access confidential information, including business strategies, customer information, systems, processes, marketing plans, financial information, and proprietary materials.

Users and clients agree not to misuse, disclose, copy, or exploit confidential information except as required to use or provide the services.

19. Service Changes

MAGMA may modify, improve, replace, update, suspend, or discontinue features, tools, systems, packages, or services at any time.

We may also update workflows, AI systems, templates, interfaces, integrations, or service processes to improve performance, comply with platform requirements, or adapt to business needs.

20. Limitation Of Liability

To the maximum extent permitted by law, MAGMA shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunities, reputational harm, advertising losses, or business interruption.

MAGMA’s total liability for any claim shall be limited to the amount paid by the client to MAGMA for the specific service giving rise to the claim during the three months preceding the event, unless otherwise required by law or agreed in writing.

21. Indemnification

You agree to defend, indemnify, and hold harmless MAGMA, its owners, employees, contractors, partners, affiliates, vendors, and representatives from claims, damages, liabilities, losses, costs, and expenses arising from:

• Your misuse of the services
• Your violation of these Terms
• Your violation of applicable laws
• Your content or data
• Your customer communications
• Your advertising claims
• Your use of third-party platforms
• Your failure to obtain required consents
• Your infringement of third-party rights

22. Termination

MAGMA may suspend or terminate access to services if:

• You violate these Terms
• You fail to pay amounts owed
• You misuse the platform
• You create legal or reputational risk
• You violate third-party platform policies
• You engage in unlawful or harmful conduct
• Continued service becomes impractical or unsafe

Termination does not eliminate payment obligations already incurred.

23. Website Use

The MAGMA website is provided for general informational purposes.

We aim to keep information accurate and current, but we do not guarantee that all website content is complete, error-free, or always up to date.

Website content does not constitute legal, financial, tax, or professional advice.

24. Governing Law

These Terms are governed by the laws of the Province of Quebec and the applicable laws of Canada.

Any disputes shall be handled in the courts or legal forums with jurisdiction in Quebec, unless otherwise required by law or agreed in writing.

25. Changes To These Terms

MAGMA may update these Terms from time to time.

Updated versions will be posted on this page with a revised “Last Updated” date.

Continued use of the website or services after updates means you accept the revised Terms.

26. Contact

Questions about these Terms may be directed to:

MAGMA
Email: legal@magmasociety.ca
Website: magmasociety.ca