Terms and Conditions
This page outlines our terms of service, which include vital
information about your legal rights. By using Margick, you agree to
these terms. To aid your understanding, we’ve added annotations in
these gray boxes. These annotations are not part of the official terms
and hold no legal weight but are meant to help you follow the text.
Hello and welcome to Margick’s Terms of Service! These Terms of Service ("Terms") govern your use of and access to the websites, templates, products, applications, tools, services, and features (collectively, the "Services") provided by Margick (as defined below), including free trials, on the websites and associated domains of www.margick.com, and on Margick web, mobile, and other applications. Please read this Agreement (as defined below) carefully! It contains crucial information about your legal rights, including details on automatic subscription renewals, warranty disclaimers, liability limitations, dispute resolution through arbitration, and a class action waiver. Note that if you are an EU Consumer (as defined below), some provisions may not apply to you, and you may have specific rights under the mandatory laws of your country of residence. By using or accessing the Services, you agree to these Terms, our Product Specific Terms, our Acceptable Use Policy, and our Data Processing Addendum (collectively, this “Agreement”). If you use the Services on behalf of an organization, you agree to this Agreement on behalf of that organization and confirm you have the authority to do so. References to “you,” “your,” and similar terms are construed accordingly in this Agreement. If you do not agree to all the terms in this Agreement, you may not use or access the Services. If you reside in or have your principal place of business in Singapore, you agree to this Agreement with Margick Pte Ltd (“Margick”) and are a “Singapore User.” If you reside outside Singapore but within other jurisdictions, you agree to this Agreement with the relevant Margick entity applicable to your location. References to “Margick,” “us,” “we,” and “our” mean Margick Pte Ltd for Singapore Users, or the relevant Margick entity for other jurisdictions. If your residence or principal place of business changes, the applicable Margick entity will be determined by your new location from the date of the change. Additionally, certain services may be provided by a Margick group company other than Margick Pte Ltd and may be subject to additional terms directly between you and that company; such terms will specify the company’s name, and you will contract with that company solely concerning those terms and services. We’ve aimed to make this Agreement fair and straightforward. Please contact us if you have any questions or suggestions.
Hello and welcome to Margick’s Terms of Service! These Terms of Service ("Terms") govern your use of and access to the websites, templates, products, applications, tools, services, and features (collectively, the "Services") provided by Margick (as defined below), including free trials, on the websites and associated domains of www.margick.com, and on Margick web, mobile, and other applications. Please read this Agreement (as defined below) carefully! It contains crucial information about your legal rights, including details on automatic subscription renewals, warranty disclaimers, liability limitations, dispute resolution through arbitration, and a class action waiver. Note that if you are an EU Consumer (as defined below), some provisions may not apply to you, and you may have specific rights under the mandatory laws of your country of residence. By using or accessing the Services, you agree to these Terms, our Product Specific Terms, our Acceptable Use Policy, and our Data Processing Addendum (collectively, this “Agreement”). If you use the Services on behalf of an organization, you agree to this Agreement on behalf of that organization and confirm you have the authority to do so. References to “you,” “your,” and similar terms are construed accordingly in this Agreement. If you do not agree to all the terms in this Agreement, you may not use or access the Services. If you reside in or have your principal place of business in Singapore, you agree to this Agreement with Margick Pte Ltd (“Margick”) and are a “Singapore User.” If you reside outside Singapore but within other jurisdictions, you agree to this Agreement with the relevant Margick entity applicable to your location. References to “Margick,” “us,” “we,” and “our” mean Margick Pte Ltd for Singapore Users, or the relevant Margick entity for other jurisdictions. If your residence or principal place of business changes, the applicable Margick entity will be determined by your new location from the date of the change. Additionally, certain services may be provided by a Margick group company other than Margick Pte Ltd and may be subject to additional terms directly between you and that company; such terms will specify the company’s name, and you will contract with that company solely concerning those terms and services. We’ve aimed to make this Agreement fair and straightforward. Please contact us if you have any questions or suggestions.
1. Creating Accounts
Ensure your account information is accurate and secure. You are responsible for your accounts and any activity that occurs on them. Additionally, you must be at least 16 years old to use Margick. 1.1 Signing Up. To use many of the Services, you need to create an account (“Account”). Different parts of the Services might require separate Accounts. You agree to provide accurate, complete, and up-to-date information for your Accounts. We may use this information to contact you. 1.2 Staying Safe. Keep your Accounts secure and ensure no one else has access to your Accounts, passwords, or other authentication credentials (collectively, "passwords"). You are solely responsible for any activity on your Accounts and for keeping your passwords confidential and secure. We are not liable for any actions or omissions by you or anyone else related to your Accounts. Notify us immediately if you know or suspect that your Accounts or passwords have been stolen, misappropriated, compromised, or if there is any unauthorized use of your Accounts. 1.3 Sixteen and Older. The Services are not intended for, and cannot be used by, children under the age of 16. By using the Services, you confirm that you are at least 16 years old. If you are under 18, depending on where you live, you might need your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf.2. Your Content
When you upload content to Margick, you retain ownership of it. However, you grant us permission to use it as necessary to provide, enhance, promote, and safeguard our services. For instance, if you upload a photo, you permit us to save it and display it on your site or story as directed by you. We may also promote or feature your site or story, but you have the option to opt out if you prefer not to be featured. 2.1 Ownership of Your User Content. Users of the Services (including you and others) may provide us with content, such as text, photos, images, music, audio, videos, fonts, logos, stickers, code, non-fungible tokens ("NFTs"), and other materials (“User Content”). Your User Content remains your property, except for the limited rights required to enable us to provide, improve, promote, and protect the Services as outlined in this Agreement. "Your Sites" refers to the sites you create or publish using the Services, including scheduling pages, Bio Sites, or Unfold stories. “Your Videos” refers to videos or similar materials you create using the Services, including Unfold stories. 2.2 License to Us. By providing User Content via the Services, you grant Margick (and our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right and license to use, host, store, reproduce, modify, create derivative works from (such as translations or adaptations to improve compatibility with the Services), communicate, publish, publicly display, publicly perform, and distribute User Content for the purposes of providing, improving, promoting, and protecting the Services. This license does not affect any rights you may have under applicable data protection laws. 2.3 Featuring Your Site. We may choose to feature Your Sites (excluding scheduling pages) or any names, trademarks, service marks, or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, including names, trademarks, service marks, or logos, for marketing and promotional purposes. For example, we may showcase Your Sites on our Templates page, on our customer sections, or on our social media platforms. You waive any claims relating to moral rights, artists' rights, or similar rights globally in connection with Your Sites or any associated names, trademarks, service marks, or logos, and any right of inspection or approval regarding such use. You can opt out of being featured through your Account or, for Unfold, by contacting [email protected]. This section does not affect any rights you may have under applicable data protection laws.3. Your Responsibilities
You are responsible for the content you publish on Margick and must ensure it is legally permissible. Please adhere to our rules and avoid any illegal use of our services. Keep in mind that any content you upload may be publicly visible. 3.1 Use Content You Have Rights To. You represent and warrant that you either own all rights to your User Content or have obtained all necessary rights and permissions to use, share, display, transfer, and license your User Content through the Services as outlined in this Agreement. You ensure that our use of your User Content as described will not infringe upon or violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, contractual rights, trade secrets, or other intellectual property or proprietary rights. Do not copy, upload, download, or share content unless you have the appropriate rights. 3.2 Comply with the Law. You represent and warrant that your use of the Services complies with all applicable laws, including export or import controls, regulations, and sanctions. 3.3 Share Responsibly. The Services allow you to share User Content on social media and other platforms. Please consider the implications of sharing your User Content carefully. We are not responsible for any content you share via the Services. 3.4 Adhere to Our Acceptable Use Policy. You must follow our Acceptable Use Policy, which is incorporated by reference into this Agreement. You represent and warrant that your User Content and use of the Services comply with this policy. 3.5 Responsibility for Your Sites and End Users. Your Sites may attract visitors, customers, and users (“End Users”). You understand and agree that (a) Your Sites and End Users are your responsibility; (b) you are solely responsible for providing products, services, and support to your End Users; (c) you must comply with all applicable laws and regulations related to Your Sites and End Users; and (d) the extent to which Your Sites include Licensed Content (as defined in our Product Specific Terms) may affect your ability to create, share, or operate Your Sites. We are not liable for, nor will we provide legal advice regarding, Your Sites or End Users. This does not limit or affect any liability we may have under other provisions of this Agreement. 3.6 Responsibility for Your Videos. You understand and agree that (a) Your Videos are your responsibility; (b) you must comply with all laws and regulations related to Your Videos; and (c) the inclusion of Licensed Content in Your Videos may affect your ability to create, share, or use them. We are not liable for, nor will we provide legal advice regarding, Your Videos. This does not limit or affect any liability we may have under other provisions of this Agreement. 3.7 Custom Code. The Services allow you to add custom code to Your Sites. Any custom code is considered part of your User Content, and you are solely responsible for it. Ensure you have the necessary coding expertise to use this feature. Adding custom code is an advanced modification and is not covered by Margick Customer Care support.4. Third Party Services, Sites, User Content, Margick Experts, and Margick Extensions
When you use or connect to other services through Margick, follow links to external sites, or engage with individuals such as experts or Circle members found through Margick, any interactions or transactions are solely between you and those parties. We are not responsible for these interactions or their outcomes. Additionally, we are not liable for any user-uploaded content on Margick. 4.1 Third Party Services. The Services integrate with various third-party services and applications (collectively, “Third Party Services”) that may offer their content, products, or services to you. Examples include domain name registration services, social media platforms, Margick Experts (as defined below), eCommerce Payment Processors (as defined below), extensions listed on Margick Extensions (as defined below), stock images, and email service subscriptions. Each Third Party Service has its own terms and policies, and your use of these services will be governed by those terms and policies. Information collected by a Third Party Service from you or Your Sites will be governed by the Third Party Service’s terms of service, privacy notice, or similar terms, not by our Privacy Policy or Data Processing Addendum. Evaluate and ensure you trust each Third Party Service before connecting it to Your Site. Third Party Services are solely responsible for providing support, maintenance, and technical assistance related to their services. We do not control Third Party Services and are not liable for them or any transactions with them. We may receive a revenue share from Third Party Services that we recommend or that you engage with through our Services. We may, at our sole discretion and without notice, suspend, disable access to, or remove any Third Party Services, and we are not liable for any resulting loss of profits, revenue, data, goodwill, business disruption, costs, or expenses (except where prohibited by applicable law). 4.2 Third Party Sites. The Services may contain links to third-party sites. Accessing these sites is at your own risk. We do not control and are not responsible for these sites or their content. 4.3 User Content. The Services or sites, stories, or videos created using the Services may include User Content that may be (a) offensive or objectionable; (b) contain errors; (c) infringe on intellectual property, trade secrets, privacy, publicity rights, or other rights; (d) harmful to computers or networks; (e) unlawful; or (f) subject to additional terms and policies of third parties. Operating the Services does not imply endorsement or verification of User Content. We are not a publisher of User Content and are not liable for any User Content uploaded, posted, or otherwise made available by you or other users. You are responsible for taking precautions to protect yourself, your Accounts, and your computer or network from any risks associated with User Content. 4.4 Margick Experts. Certain parts of the Services may include directories and information about independent third-party Margick users, including those designated as Acuity experts (collectively, "Margick Experts"), who may assist you with the Services. Margick does not employ, endorse, or have any affiliation with Margick Experts. Margick Experts are considered a Third Party Service, as defined in Section 4.1. 4.5 Margick Logo. The Margick Logo includes icons obtained from The Noun Project, Inc. (“Noun Project”). Noun Project is a Third Party Service, as defined in Section 4.1, and your use of its icons is subject to Noun Project’s terms. 4.6 Margick Extensions. The Services may feature an extensions directory that allows you to access and connect certain Third Party Services to Your Sites (referred to as “Margick Extensions”). The decision to connect, enable, or use such Third Party Services is solely yours. We are not responsible for, nor liable for, the Third Party Services connected to Your Sites via Margick Extensions. The relationship with these Third Party Services is strictly between you and the applicable third party, and their use is governed by their terms and policies. The inclusion of Third Party Services on Margick Extensions does not imply endorsement, certification, affiliation, partnership, or warranty by Margick.5. Our Intellectual Property
Margick’s intellectual property is protected by various laws. This section outlines what we own and how we may use your feedback. 5.1 Ownership of Margick. The Services are owned by Margick and are protected under copyright, trade secret, trademark, and other intellectual property laws, both domestic and international. This Agreement does not grant you any rights, titles, or interests in the Services, User Content, our trademarks, logos, brand features, or any other intellectual property or trade secrets of Margick or other users. You agree not to alter, modify, translate, or create derivative works based on the Services or User Content. 5.2 Use of Your Feedback. We welcome your feedback, ideas, or suggestions (“Feedback”). By providing Feedback, you agree that we may use it without any restriction or obligation to you, even after this Agreement ends. This provision does not affect any rights you may have under applicable data protection laws. 5.3 Demo Content. We may provide templates or other products featuring demo content (including text, photos, images, graphics, audio, and video) for inspiration or ideas (“Demo Content”). Unless otherwise specified, Demo Content must not remain on Your Site or in Your Videos or be distributed, publicly displayed, performed, or otherwise published. 5.4 Templates. The Services include various templates (collectively, “Templates”), which may contain Demo Content, designs, layouts, stickers, stamps, overlays, elements, and other materials. Margick owns all rights to the Templates. You may not use any Template in a manner that, in our sole discretion, competes with the Services. 5.5 Beta Products. We may release products or features that are still in testing and evaluation phases. These will be labeled as beta, preview, early access, or similar terms and may not be as reliable as our other Services.6. Our Rights
To ensure the effective operation and security of Margick, we need to maintain certain rights over our services. 6.1 Our Rights. We reserve the following rights, which we may exercise at any time, in our sole discretion, and without liability or notice to you (unless prohibited by applicable law): (a) We may modify any part or all of the Services and their functionality. (b) We may suspend or discontinue any part or all of the Services. (c) We may terminate, suspend, restrict, or disable your access to any part or all of the Services. (d) We may terminate, suspend, restrict, or disable access to your Accounts, Your Sites, or your User Content. (e) We may change our eligibility criteria for using the Services. If changes to eligibility criteria are prohibited by law in your jurisdiction, we may revoke your right to use the Services in that jurisdiction. 6.2 Ownership Disputes. In cases where ownership of an Account or site is disputed (e.g., between a business and its employees or between a web designer and a client), we generally do not intervene. However, we reserve the right to determine the rightful owner of an Account or site and to transfer ownership accordingly. Our decision regarding ownership is final. If we cannot reasonably determine ownership, we may suspend the Account or site until the dispute is resolved. We may also request documentation, such as a government-issued photo ID, credit card invoice, or business license, to assist in determining the rightful owner. 6.3 HTTPS Encryption. We may provide HTTPS encryption for Your Sites. By registering a custom domain through the Services or pointing a custom domain to the Services, you authorize us to create and maintain a certificate solely for the purpose of providing HTTPS encryption for Your Sites.7. Your Responsibilities
Our Privacy Policy details how we collect, use, and share your personal information for our purposes. It’s important that you review it carefully, although it is not part of this Agreement and may be updated periodically. Compliance with data protection laws is crucial when using the Services, especially when handling personal data or using cookies and similar technologies (including those we provide for you, such as for web analytics). Our Data Processing Addendum explains how we manage personal data collected via the Services or contained within your User Content, based on your instructions. Make sure to review that document as well. 7.1 Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy. However, the Privacy Policy is not part of this Agreement and may be updated from time to time. 7.2 Data Processing Addendum. Our Data Processing Addendum is incorporated into this Agreement. 7.3 Compliance with Data Protection Laws. You agree and warrant that you are solely responsible for complying with applicable data protection, security, and privacy laws and regulations (including, where applicable, the Personal Data Protection Act (PDPA) of Singapore). This includes, without limitation, obtaining necessary notices and consents when collecting and processing personal data through Your Sites or the Services, including when sending marketing communications or using cookies and similar technologies (including those we provide at your request). 7.3.1 Privacy Policies. If required by applicable law, you must provide a legally compliant privacy policy on Your Sites and make it available to your End Users.8. Your Responsibilities
We respect intellectual property rights and comply with copyright law. This section outlines our approach to handling copyright complaints. 8.1 Copyright Compliance. We respond to complaints of alleged copyright infringement that comply with applicable law, including the Digital Millennium Copyright Act (DMCA) of 1998. To report copyright infringement, use the Copyright Report Form. We may, at our discretion and in accordance with the law, delete or disable access to content alleged to infringe copyright, and we reserve the right to terminate Accounts for actual, apparent, or repeated infringement without providing refunds.9. Paid Services and Fees
This section describes how we manage payments for our paid services, including billing, taxes, and refunds. 9.1 Fees. Certain Services are paid and require payment to access (referred to as “Paid Services”). These services remain in effect until canceled or terminated as per this Agreement. We will inform you of the fees for Paid Services before charging you. You can cancel Paid Services at any time through the Services. If payment is not made on time, we may suspend or cancel access to the Paid Services. Additional transaction fees may apply, which will be communicated before charging you. Fees will be detailed on an invoice provided through the Services, your eCommerce Payment Processor account(s), or a mobile app store invoice. Note that canceling one Paid Service does not necessarily cancel all Paid Services. 9.2 Taxes. Fees are exclusive of applicable taxes (e.g., national, provincial, state, local). You are responsible for all applicable taxes and we will charge taxes in addition to the service fees as required. If you are exempt from taxes, you must provide valid tax exemption documentation. We reserve the right to determine the validity of the documentation. Tax exemption applies only from the date we receive valid documentation. If Margick is legally obligated to collect indirect taxes (e.g., VAT), you must pay those taxes. If not obligated, you may need to self-assess these taxes according to your country's laws. 9.3 Automatic Subscription Renewals. For uninterrupted service, we will automatically bill you for Paid Services at regular intervals from the initial payment date until cancellation. Renewal periods match the subscription term (e.g., monthly). You authorize us to charge the payment method on file and can disable auto-renewal at any time. 9.4 Refunds.You can cancel Paid Services at any time, but refunds are issued at our discretion or as legally required. Free trials may not be refundable as we do not charge during the trial period. 9.5 Fee Changes. We may change our fees and will provide advance notice via the Services. New fees will not apply retroactively. If you disagree with fee changes, you can cancel the applicable Paid Service before the next payment date. 9.6 Chargebacks. If you initiate a chargeback or reverse a payment (“Chargeback”), we may terminate your Account. Contact Customer Care with any payment issues before filing a Chargeback. We reserve the right to dispute Chargebacks. 9.7 Our Payment Processor. We use third-party payment processors (e.g., Stripe) to handle payments. Payment processing is subject to the Payment Processor’s terms and privacy policies. You agree to pay charges at the current rates and authorize us to correct payment errors as needed. 9.8 Fees for Third Party Services. Third Party Services purchased through our Services may have different refund or other policies set by the third parties. Review these policies during the purchase process. We do not offer refunds for Third Party Services unless otherwise stated in this Agreement. 9.9 Resold Services. If you purchase Paid Services through a third-party reseller (“Reseller”), you acknowledge that: (a) these services (“Resold Services”) may also be subject to Reseller Terms; (b) this Agreement takes precedence over any Reseller Terms; (c) parts of this section may not apply to Resold Services; (d) Reseller Terms may be assigned to Margick; (e) Resold Services will then be subject solely to this Agreement; and (f) you must provide information needed to continue your subscription if requested by Margick after a Resold Assignment.10. Services Details & Product Specific Terms
Different Services have varying availability and terms. 10.1 Availability. Not all Services are available in every region or country. Certain features or services may vary based on your location. 10.2 Product Specific Terms. Some Services are subject to additional terms outlined in our Product Specific Terms. These terms are incorporated into this Agreement. 10.3 Definitions- “eCommerce Payment Processor” has the meaning provided in our Product Specific Terms.
- “Your eCommerce” has the meaning provided in our Product Specific Terms.
11. Term and Termination
You or we can terminate this Agreement at any time. 11.1 Termination. This Agreement remains effective until terminated by either party. You can terminate it at any time through the Services. We may change, suspend, discontinue, or terminate access to parts or all of the Services at our discretion without notice. We will try to provide reasonable notice if we suspend or terminate services. Sections that naturally survive termination, including Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Additional Terms, will remain in effect.12. Warranty Disclaimers
We strive to deliver high-quality services, but Margick’s services are offered as-is and without warranties. 12.1. Disclaimers: To the fullest extent allowed by law, Margick does not provide any warranties, either express or implied, regarding the Services. The Services are provided “as is” and “as available.” We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No information or advice obtained from Margick, whether oral or written, shall create a warranty. We do not guarantee that the Services will be: (a) timely, uninterrupted, or error-free; (b) meet your expectations or requirements; or (c) free from viruses or harmful components. 12.2. Exceptions: In some jurisdictions, the disclaimers in Section 12.1 may not be permitted, and thus may not apply to you. These disclaimers are applied to the fullest extent permitted by law. You may have other statutory rights, and nothing in this Agreement affects your statutory rights or rights under mandatory laws. Any statutorily required warranties, if applicable, are limited to the maximum extent permitted by law.13. Limitation of Liability
If something goes wrong due to your use of Margick’s services, our liability is limited. General Limitation: Except for EU Consumers, Margick and its affiliates, including directors, officers, employees, and agents, are not liable for: (a) any indirect, special, incidental, exemplary, punitive, or consequential damages; (b) loss of profits, revenue, data, goodwill, or other intangible losses; (c) losses related to access, use, or inability to access or use any part of your Account, Your Sites, or the Services, including interruptions or changes to the Services; (d) losses due to unavailability, loss, corruption, theft, unauthorized access, or alteration of any content or data, including User Content and eCommerce data; (e) any User Content or conduct of other users or third parties; or (f) Third Party Services or sites accessed via the Services. For EU Consumers, while we strive to provide the Services with reasonable care, we are only liable for losses that were reasonably foreseeable as a result of our breach of this Agreement, except for cases involving death or personal injury due to our negligence or fraud. These limitations apply regardless of the legal theory, whether based on warranty, contract, tort, negligence, or any other legal theory, even if Margick was aware of the possibility of such damages. The total liability of Margick for all claims related to the Services and this Agreement will not exceed the greater of $20 or the amount you paid to Margick in the twelve (12) months preceding the claim. For EU Consumers, we are liable for intentional or grossly negligent actions by us or our representatives.14. Indemnification
If you cause us harm or legal issues, you will cover our costs.- Your Responsibility: To the fullest extent allowed by law, you agree to indemnify and hold harmless Margick and its affiliates, including directors, officers, employees, and agents, from any damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) your User Content, Your Sites, and Your eCommerce activities; (c) claims from or related to your End Users; (d) violations of laws or third-party rights; and (e) claims from tax authorities regarding your eCommerce operations. Your indemnification obligations do not apply to the extent that the damages are caused by our breach of this Agreement or, for EU Consumers, if the consequences were not reasonably foreseeable.
15. Dispute Resolution
This section outlines how disputes between you and Margick will be resolved. Before pursuing formal legal action, you must first attempt to resolve disputes informally with us. If informal resolution is unsuccessful, disputes must be settled through arbitration as detailed below, unless you opt out within 30 days of accepting this Agreement. Claims may only be brought individually and not as part of a class action. 15.1. Applicability: This Section 15 applies to: (a) Users in the US; (b) Users outside the US who are not EU Consumers bringing claims against Margick in the US; and (c) EU Consumers bringing claims against Margick in the US. 15.2. Informal Resolution: Before initiating a claim, email [email protected] with a description of your issue and proof of your relationship with Margick. We will seek to resolve the issue informally within 60 days. If the issue remains unresolved, either you or Margick may commence formal proceedings. 15.3. Arbitration Agreement:- 15.3.1. Unless you opt out as described in Section 15.4, disputes arising from this Agreement or the Services will be resolved through binding arbitration. This means you waive the right to formal court proceedings, including jury trials. Arbitration provides limited discovery and appeal rights compared to court. The arbitrator has the authority to grant relief available in court and to impose sanctions for frivolous claims or non-compliance with this Section.
- 15.3.2. The arbitrator can impose sanctions for frivolous claims and adjust arbitration fees as permitted by the Arbitration Provider Rules.
- 15.3.3. Arbitration demands or counterclaims must include sufficient information and proof of being a party to these Terms. The arbitrator may impose sanctions for frivolous or improper claims.
16. Additional Terms
This section outlines additional key terms. This Agreement represents the complete understanding between you and Margick regarding your use of Margick. Depending on your location or business residence, this Agreement is governed by either US or Irish law. If we make changes that significantly reduce your rights, we will notify you and give you a chance to cancel. Also, if you’re viewing this in a language other than English, the English version will prevail. 16.1. Entire AgreementThis Agreement constitutes the full and exclusive agreement between you and Margick regarding the subject matter and supersedes any prior agreements or terms related to it. You acknowledge that you have not relied on any representations or warranties outside those expressly included in this Agreement. Additional terms may apply when using other services or Third Party Services. This Agreement does not create third-party beneficiary rights, except as specified in any separate terms agreed upon with Margick group companies. 16.2. Governing Law and Jurisdiction 16.2.1. US Users. For US Users, this Agreement and all related disputes will be governed by the laws of the State of New York, excluding its conflict of laws principles. The Federal Arbitration Act will prevail where it conflicts with New York law regarding arbitration (Section 15). If Section 15 does not apply or you opt out of arbitration, disputes must be resolved in the federal or state courts located in New York, New York, where you and Margick agree to submit to personal jurisdiction. 16.2.2. Non-US Users. For Non-US Users, this Agreement and related disputes will be governed by the laws of Singapore, excluding its conflict of laws principles. If you are an EU Consumer, this does not affect any mandatory rights under the laws of your habitual residence. If Section 15 does not apply or you opt out of arbitration, disputes must be resolved in Irish courts, where you and Margick agree to submit to personal jurisdiction. 16.2.3. EU Consumers. For EU Consumers, if Section 15 does not apply, disputes may be brought before courts in Ireland or in the jurisdiction of your habitual residence. Margick may enforce its rights only in the courts of your habitual residence. 16.3. EU Online Dispute Resolution. If you are an EU Consumer, you can access the European Commission’s online dispute resolution platform here. Margick Ireland is not obligated to use this platform for resolving disputes. 16.4. Waiver, Severability, and Assignment. A failure or delay by Margick to enforce any provision of this Agreement does not waive our right to do so later. If any provision is found unenforceable, the remaining provisions will remain in effect, and an enforceable term reflecting our intent will be substituted. You cannot transfer or assign this Agreement or your rights without our prior written consent, and any such attempt will be ineffective. Margick may assign this Agreement to affiliates or in connection with a business transfer, with thirty (30) days prior notice. For EU Consumers, we will ensure that such transfers do not negatively impact your rights. 16.5. Modifications. We may modify this Agreement occasionally, posting the most current version on our site. Significant reductions in your rights will be notified, with a reasonable period before new terms take effect. Modifications will not apply retroactively. Claims or disputes will be resolved under the version of Section 15 (Dispute Resolution) in effect at the time they arise. Continued use of the Services after modifications means you accept the new terms. If you disagree, you must stop using the Services and cancel all Paid Services. 16.6. Events Beyond Our Control. Margick is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, government actions, war, terrorism, pandemics, communication failures, system failures, or industrial actions. 16.7. Translation. This Agreement is originally in English. Translations may be provided, but in case of conflict, the English version will prevail unless otherwise required by law.
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