Terms of Service

1. What the Service is

The Service is a hosting and content-delivery infrastructure that provides Subscribers with on-demand access to digital files. Magic Monkei operates mirrors, content-delivery edges, indexing, search, and support tooling that let Subscribers retrieve those files efficiently from their preferred device.

Magic Monkei does not sell, license, or transfer ownership of any video game, software, or copyrighted work. The subscription fee covers the operation, maintenance, and curation of the infrastructure described above. By downloading a file through the Service, you represent and warrant that you possess a lawful copy of the underlying title and that your download is permitted under the laws of your jurisdiction.

2. Eligibility

You must be at least eighteen (18) years old and competent under the laws of your country of residence to enter into a contract in order to use the Service. By accepting these Terms, you represent that you meet these requirements.

We do not knowingly allow minors to access the Service. If we learn that a Subscriber is under eighteen, we will terminate the account and refund any unused portion of the most recent billing period.

3. Accounts and credentials

You are responsible for the credentials associated with your account, for all activity that occurs under your account, and for keeping your contact information accurate. You agree to notify us promptly at the address in §16 if you suspect unauthorized access.

4. Subscriptions, billing, and cancellation

The Service is offered as a recurring subscription billed through our payment processor (Stripe). The price displayed at checkout is the price you pay, in the currency selected based on your geographic location at the moment of subscription. Taxes, where applicable, are included in the displayed price unless we say otherwise.

Your subscription renews automatically at the end of each billing period unless you cancel through your account dashboard. Cancellation takes effect at the end of the current billing period: you retain access until that period ends, and you will not be charged again.

Except as required by applicable law, all fees are non-refundable. We do not offer pro-rated refunds for unused time in a billing period, and we do not offer refunds for partial use of the Service.

5. Acceptable use

You agree not to: (a) resell, sublicense, or share access to the Service; (b) operate more than one account per person; (c) use automated tools to scrape or bulk-download content in a manner that materially burdens our infrastructure; (d) circumvent or attempt to circumvent rate limits, geographic enforcement, or access controls; (e) use the Service for any purpose that is unlawful in your jurisdiction; or (f) attempt to introduce malicious code into the Service or any other Subscriber's systems.

6. Intellectual property and rightsholder notices

Magic Monkei respects the intellectual property rights of others. If you are a rightsholder (or a duly authorized agent thereof) and you believe that material accessible through the Service infringes a copyright you control, send a written notice to [email protected] that complies with the United States Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). For users in the European Union, equivalent notice procedures under Directive (EU) 2019/790 are accepted.

We will act on substantiated notices in a timely manner, including removing or disabling access to the relevant material and, where appropriate, terminating the accounts of repeat infringers.

7. Third-party services and sub-processors

The Service relies on third-party providers to deliver functionality, including a payment processor (Stripe), a content-delivery and edge-security provider (Cloudflare), and categorical providers for cloud infrastructure, transactional email, and operational logging. These providers process limited categories of personal data on our behalf. The Privacy Policy describes the categories of data shared and explains how to request the current named list of sub-processors.

8. Disclaimer of warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. We do not warrant that the Service will be available at any particular time, that any specific content will remain accessible, or that the Service is lawful for your particular use in your jurisdiction.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply only to the maximum extent permitted by law.

9. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Magic Monkei, its officers, members, employees, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to the Service, even if advised of the possibility of such damages.

Our aggregate liability for any claim arising under these Terms shall not exceed the greater of (a) the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

10. Indemnification

You agree to defend, indemnify, and hold harmless Magic Monkei and its officers, members, employees, and affiliates from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any law or any third-party right.

11. Termination

You may terminate your account at any time by canceling your subscription in the account dashboard or by writing to [email protected]. We may suspend or terminate your account if you breach these Terms, if we are required to do so by law, or if we discontinue the Service. Sections that by their nature should survive termination (including §§ 6, 8, 9, 10, 13, and 14) shall survive.

12. Changes to the Service and to these Terms

We may add, modify, or discontinue features of the Service at our discretion. We may also update these Terms; if we make a material change, we will notify active Subscribers by email and update the "Last updated" date at the top of this page at least fifteen (15) days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Governing law

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Binding arbitration and class-action waiver

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The seat of arbitration shall be Wilmington, Delaware. Proceedings may, at your option, be conducted remotely.

You and Magic Monkei agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Notwithstanding the foregoing, either party may bring an individual action in a small-claims court of competent jurisdiction in lieu of arbitration.

If any portion of this §14 is found unenforceable, the unenforceable portion shall be severed and the remainder shall continue in full force and effect, except that if the class-action waiver is found unenforceable, this entire §14 shall be void.

15. Miscellaneous

These Terms, together with the Privacy Policy and the Security page, constitute the entire agreement between you and Magic Monkei regarding the Service. If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force. Our failure to enforce a right is not a waiver of that right. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.

16. Contact

Questions about these Terms should be directed to [email protected].