Terms of Service
Please read these Terms of Service ("Terms") carefully before using the HARD application (the "App") operated by Magicbase Inc ("us," "we," or "our").
Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App.
By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.
HARD is a productivity application designed to help users track and complete their projects through goal setting, activity tracking, and progress monitoring. The App provides tools to manage projects, log activities, and maintain accountability for personal and professional goals.
The use of the App is limited to individuals who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years of age.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password.
Your Content: You retain all of your rights to any content you submit, post, or display on or through the App, including your projects, activities, notes, and other data ("User Content"). By default, your User Content is private and only accessible to you.
License to HARD: By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and display such User Content in connection with the App. This license is solely for the purpose of operating, developing, providing, and improving the App, including sending data to OpenRouter, Inc. for AI processing and analysis.
Sharing: If you choose to share any User Content publicly, such content will be visible to other users in accordance with the App's sharing features.
Our Privacy Policy can be found here and is incorporated by reference into these Terms.
The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Magicbase Inc and its licensors. The App is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent.
You are prohibited from using the App to:
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the App or servers or networks connected to the App
- Violate any applicable laws or regulations
- Engage in any activity that could damage, disable, overburden, or impair the App
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App or contact us to delete your account.
In no event shall Magicbase Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the App
- Any conduct or content of any third party on the App
- Any content obtained from the App
- Unauthorized access, use or alteration of your transmissions or content
This limitation applies whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
THE APP IS PROVIDED "AS IS" AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify, defend, and hold harmless Magicbase Inc and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App or any breach of these Terms.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any action arising out of or related to these Terms or the use of the App shall be brought in the state or federal courts located in San Francisco County, California.
Any dispute arising out of or relating to these Terms or the use of the App shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding.
You and the Company waive any right to participate in a class action lawsuit or class-wide arbitration. You and the Company also waive any right to a jury trial in any dispute arising out of or related to these Terms or the use of the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your continued use of the App after any such changes will constitute acceptance of such changes.
If you have any questions about these Terms, please contact us at: contact@magicbase.ai