Terms and Conditions
Last updated: August 16, 2026
These Terms and Conditions (“Terms”) govern your use of magicbrain.com, communications with MagicBrain Technologies (“MagicBrain,” “we,” “us,” or “our”), and services provided by MagicBrain.
By using our website, requesting services, accepting an estimate, or communicating with us through email, telephone, SMS, or MMS, you agree to these Terms. If you do not agree, please do not use our website or services.
1. Services
MagicBrain provides services that may include website design, website development, website hosting, maintenance, technical support, computer and network services, remote support, consulting, troubleshooting, and related business technology services.
The specific scope, price, schedule, and conditions of a project or service may be described in an estimate, proposal, invoice, service plan, email, or other written agreement. If a separate written agreement conflicts with these Terms, the terms of that agreement will control for the applicable service.
2. Estimates and Project Changes
Estimates are based on the information available when they are prepared. Additional work, changed requirements, unforeseen technical conditions, customer-requested revisions, or third-party problems may result in additional charges or schedule changes.
We may request approval before performing work that is materially outside the agreed scope. Approval may be provided in writing, by email, by text message, or through another documented communication.
3. Customer Responsibilities
When requesting services, you agree to:
- Provide accurate and complete information reasonably needed to perform the work.
- Maintain lawful authorization to access any device, account, network, website, or data involved.
- Provide necessary access, credentials, content, approvals, and decisions in a timely manner.
- Maintain appropriate licenses for software, images, fonts, content, and other materials you supply.
- Review completed work and promptly report any apparent errors or concerns.
- Maintain appropriate backups of important files, systems, websites, and data.
Delays in receiving customer information, access, approvals, content, or payment may delay completion of the work.
4. Remote and On-Site Technical Services
When you authorize remote or on-site technical support, you authorize MagicBrain to access and make reasonable changes to the applicable device, account, website, network, or system for the purpose of providing the requested service.
Technical work may involve software installation or removal, configuration changes, system updates, restarts, security changes, file transfers, or interaction with third-party services. Although we take reasonable care, technical work may reveal or be affected by preexisting hardware failures, software defects, malware, data corruption, incompatible software, expired licenses, or other conditions outside our control.
5. Backups and Data
Customers are responsible for maintaining current backups unless backup services are expressly included in a written service agreement. Before requesting work that could affect important data, you should verify that a usable backup exists.
MagicBrain is not responsible for data loss caused by preexisting system problems, hardware failure, malware, third-party services, customer actions, unavailable or incomplete backups, or circumstances outside our reasonable control.
6. Website and Hosting Services
Website and hosting services may depend on domain registrars, data centers, software vendors, content-management systems, internet providers, security services, and other third parties. We cannot guarantee uninterrupted or error-free operation of services controlled by third parties.
Customers are responsible for ensuring that website content, products, services, claims, privacy practices, accessibility requirements, and business activities comply with applicable laws and do not infringe the rights of others.
7. Third-Party Products and Services
We may recommend, configure, or interact with third-party hardware, software, hosting providers, domain registrars, payment processors, telecommunications providers, remote-support tools, or online services. Those products and services are governed by their own terms, licenses, warranties, pricing, and privacy policies.
MagicBrain does not control and is not responsible for changes, outages, defects, price increases, discontinued features, security incidents, or policy decisions made by third-party providers.
8. Fees and Payment
Fees and payment terms will be stated in the applicable estimate, proposal, invoice, service plan, or other agreement. Unless disputed in good faith, invoices must be paid according to the payment terms shown on the invoice.
We may suspend ongoing or recurring services when an account is materially overdue, subject to applicable law and any controlling written agreement. The customer remains responsible for charges incurred before suspension or termination.
9. SMS and MMS Messaging Terms
MagicBrain Technologies Customer Care Messaging Program
MagicBrain uses SMS and MMS for two-way, conversational customer care and service-related communications. Messages may include appointment coordination, technical-support communications, service updates, project questions, estimates, invoices, payment reminders, and requested follow-up.
Consent
You may opt in by initiating a text conversation with MagicBrain or by expressly agreeing to receive text messages during a customer-service or technical-support conversation. By opting in, you authorize MagicBrain to send service-related SMS or MMS messages to the telephone number you provided.
Consent to receive text messages is not a condition of purchasing any product or service.
Message Frequency and Charges
Message frequency varies depending on your requests, active projects, support needs, and ongoing communications. Message and data rates may apply according to your wireless carrier and service plan.
Opting Out
You may opt out at any time by replying STOP to a message from us. You may also use another clear request telling us not to send additional text messages.
After opting out, you may receive one final message confirming that your request was processed. No additional messages will be sent unless you subsequently initiate another text conversation or provide consent again.
Help
Reply HELP for assistance or contact MagicBrain through our contact page.
Message Delivery
Wireless carriers and messaging providers do not guarantee message delivery. Delivery may be delayed or prevented by carrier filtering, network availability, device settings, number blocking, service interruptions, or other circumstances outside MagicBrain’s control.
Mobile Information
We do not share, sell, rent, or provide your mobile phone number, SMS opt-in information, or messaging consent to third parties or affiliates for marketing or promotional purposes.
Additional information about our collection and use of information is available in our Privacy Policy.
10. Acceptable Use
You may not use our website, communications systems, or services to:
- Violate any law, regulation, court order, or third-party right.
- Transmit malware, malicious code, spam, threats, harassment, or deceptive content.
- Gain unauthorized access to a device, account, system, website, or network.
- Interfere with the security, availability, or operation of our website or services.
- Misrepresent your identity or authority.
We may refuse or discontinue work that we reasonably believe is unlawful, deceptive, abusive, unsafe, or outside the agreed scope.
11. Intellectual Property
Unless otherwise agreed in writing, MagicBrain retains ownership of its preexisting tools, code, processes, templates, methods, documentation, and reusable materials.
Ownership and licensing of custom project deliverables will be governed by the applicable proposal, invoice, or written agreement. Third-party software, themes, plugins, images, fonts, and other licensed materials remain subject to their respective licenses.
The MagicBrain name, branding, website design, original website content, and other proprietary materials may not be copied or used without permission, except as allowed by law.
12. Confidential Information and Credentials
Each party agrees to use reasonable care when handling nonpublic information received in connection with a service request. Customers should provide passwords and other sensitive credentials only through an appropriate method and should change temporary credentials when requested work is complete.
We may disclose information when required by law or when reasonably necessary to prevent fraud, abuse, unauthorized access, or harm.
13. Disclaimer of Warranties
Except for warranties expressly stated in a written agreement, our website and services are provided on an “as available” basis. To the maximum extent permitted by law, MagicBrain disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, and noninfringement.
We do not guarantee that every technical problem can be diagnosed or repaired, that services will be uninterrupted, that third-party products will remain available, or that any website or system will be completely secure from every possible threat.
14. Limitation of Liability
To the maximum extent permitted by law, MagicBrain will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business, lost opportunities, loss of data, or loss of use, arising from the website or services.
To the maximum extent permitted by law, MagicBrain’s total liability for a claim relating to a particular service will not exceed the amount paid to MagicBrain for the specific service giving rise to the claim.
These limitations do not exclude liability that cannot legally be excluded or limited.
15. Indemnification
To the extent permitted by law, you agree to indemnify and hold MagicBrain harmless from third-party claims, losses, or expenses arising from unlawful content or materials you provide, your violation of these Terms, your infringement of another party’s rights, or your unauthorized use of a device, account, website, system, or network.
16. Suspension and Termination
Either party may end a service relationship subject to any applicable proposal, service plan, hosting agreement, or other written commitment. Fees for work already performed and expenses already incurred remain due.
Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, and other terms that reasonably should survive will remain effective after termination.
17. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any legal proceeding relating to these Terms or our services must be brought in a court with appropriate jurisdiction serving Cape May County, New Jersey, unless applicable law requires otherwise.
18. Severability
If any provision of these Terms is found unenforceable, that provision will be limited or removed only to the minimum extent necessary. The remaining provisions will continue in effect.
19. No Waiver
A failure to enforce a provision of these Terms does not waive the right to enforce that provision later.
20. Changes to These Terms
We may update these Terms periodically. Updated Terms will be posted on this page with a revised “Last updated” date. Changes apply prospectively after they are posted unless otherwise stated.
21. Contact Us
Questions about these Terms or the MagicBrain Technologies messaging program may be directed to:
MagicBrain Technologies
Wildwood, New Jersey
Contact MagicBrain Technologies