Magicbook Terms and Conditions

1. Acknowledgement

These Terms and Conditions constitute a legal agreement (“Agreement”) between you and Kodeword Limited (“Magicbook”, “we”, or “us”). By downloading, accessing, or using the Magicbook app (“Licensed Application”), you agree to be bound by this Agreement. This Agreement is concluded between you and Magicbook only, not with Apple Inc. (“Apple”). Magicbook, not Apple, is solely responsible for the Licensed Application and its content.

2. Scope of License

Magicbook grants you a non-transferable, non-exclusive license to use the Licensed Application on Apple-branded devices you own or control, as permitted by the Apple Media Services Terms and Conditions. You may not distribute, sublicense, or make the Licensed Application available over a network where it could be used by multiple devices simultaneously. Family Sharing or volume purchasing is permitted as per Apple’s guidelines.

3. Maintenance and Support

Magicbook is solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation to provide any maintenance or support services. For assistance, please contact Magicbook support via the contact information at the bottom of this page.

4. Warranty

To the maximum extent permitted by law, the Licensed Application is provided “AS IS” and “AS AVAILABLE” without any warranties. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable. Beyond this, Apple has no warranty obligations. Any other claims or damages are the sole responsibility of Magicbook.

5. User-Generated Content and Liability

You are solely responsible for all content, including text, images, and other materials, that you generate using the Magicbook app. By using the Licensed Application, you agree that you will not:

  • Create books containing trademarked or copyrighted characters, brands, or other intellectual property without explicit permission from the rights holder.
  • Use the Licensed Application to create harmful, defamatory, obscene, or otherwise unlawful content.

If you violate this clause, you agree to indemnify, defend, and hold harmless Magicbook from all claims, damages, liabilities, and expenses arising out of your actions.

6. Product Claims

Magicbook, not Apple, is responsible for addressing any claims by you or a third party relating to the Licensed Application, including but not limited to:

  • Product liability claims.
  • Claims of non-compliance with applicable legal or regulatory requirements.
  • Claims arising under consumer protection, privacy, or similar legislation.

7. Intellectual Property Rights

Magicbook respects the intellectual property rights of others. If you believe your intellectual property rights have been infringed, please contact us immediately. In the event of a third-party claim that the Licensed Application infringes intellectual property rights, Magicbook will be solely responsible for the investigation, defense, settlement, and discharge of the claim.

8. Legal Compliance

You represent and warrant that:

  1. You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country.
  2. You are not listed on any U.S. Government list of prohibited or restricted parties.

9. Data Collection and Privacy

Magicbook collects and uses technical data and related information to facilitate updates, product support, and improvements. This data will be anonymized where possible. For detailed information on how we handle data, please refer to our Privacy Policy.

10. Third-Party Terms

You agree to comply with any applicable third-party terms of agreement when using the Licensed Application, including your wireless data service agreement. Magicbook is not responsible for any charges incurred through third-party services.

11. Termination

This Agreement is effective until terminated by you or Magicbook. Your rights under this Agreement will terminate automatically if you fail to comply with its terms. Upon termination, you must cease all use of the Licensed Application.

12. Third-Party Beneficiary

You and Magicbook acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce it against you as a third-party beneficiary.

13. Limitation of Liability

To the maximum extent permitted by law, Magicbook will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Licensed Application.

14. Governing Law

This Agreement is governed by the laws of New Zealand. Any disputes will be resolved in the courts of New Zealand unless otherwise required by applicable law.

Contact Information

For questions, complaints, or claims regarding this Agreement or the Licensed Application, please contact:

Kodeword Limited
Email: support@getroadtrip.app