Chat, Match & Play

Last updated 30.05.2024

This Terms of Use Agreement (this «Agreement») is made between Magnetapp.co and its affiliates and related entities (hereinafter referred to as "Magnet", or the "Application” (including applications for tablets and other smart devices)) and the user of Magnetapp.co and its affiliate services («You» or «Member») with respect to communications with other members and other online services provided by Magnetapp.co (referred to as the «Service»). By tapping Continue with «Apple», «Facebook» or «Email» on the registration screen, You indicate Your acceptance of all the terms and conditions of this Agreement and your registration on Magnetapp.co.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT TAP ON THE CONTINUE WITH «APPLE», «FACEBOOK» OR «EMAIL» BUTTONS OR USE THE SERVICE. ONCE THE BUTTON IS TAPPED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Magnetapp.co AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE APPLICATION/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.

1. Eligibility. By registering on Magnetapp.co, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on Magnetapp.co is void where prohibited. By using Magnetapp.co, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when registering MUST be accurate, true and complete in all respects. In particular, if using a credit or debit card, the cardholder's name MUST be the same as the name used when registering with the Application, unless you provide valid and verifiable reasons for it being different. Where the identification provided is inaccurate or incomplete, suspension of the account will occur until identity verification has been satisfactorily completed. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Services from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.
2. Term. This Agreement will remain in full force and effect while You use Magnetapp.co and/or are a Member of Magnetapp.co. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Magnetapp.co customer support staff. Magnetapp.co may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Magnetapp.co. Upon termination by Magnetapp.co without cause, You shall receive a refund, pro rata, of any paid fees that Magnetapp.co has received from You. If Your membership with Magnetapp.co is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Magnetapp.co be liable to You, for any refund of unused fees for using Magnetapp.co or its additional Services. Used credits are non-refundable, except as provided in this Agreement or Safety and Security Policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. Non-Commercial Use by Members. Magnetapp.co is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Application for any purpose. Illegal and/or unauthorized use of the Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Magnetapp.co. You further guarantee and warrant that You will not use the Application for any commercial purposes, and/or send or receive funds through the Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Application and services provided on the Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. Magnetapp.co owns licenses or otherwise retains all intellectual property rights in the Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Magnetapp.co and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on Magnetapp.co:
   • You understand and agree that Magnetapp.co may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of Magnetapp.co violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
   • You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Application, or transmit to other Members.
   • By posting Content to any public area of the Application You automatically grant, represent and warrant that You have the right to grant to Magnetapp.co an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
   • The following is a partial list of Content that is illegal or prohibited on the Application. Magnetapp.co reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
     • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
     • harasses or advocates harassment of another person;
     • involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
     • promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
     • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
     • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
     • publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
     • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
     • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
     • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
     • engages in commercial activities and/or sales without Magnetapp.co prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
     • any content which is generated by Artificial Intelligence.
   • You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national and local laws and regulations.
   • You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
   • You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Magnetapp.co cannot monitor the conduct of its Members off the Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Magnetapp.co reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Magnetapp.co deems appropriate in its sole discretion.
   • You may not collect data from Magnetapp.co either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Magnetapp.co. You may not collect data from Magnetapp.co authorized zones by any other means including manual collection of data.
   • To ensure the quality of the Service provided, Your communication through the Application may be recorded.
   • Magnetapp.co reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section including without limitation removing the offending communication from the Service and terminating the membership of such violators.
6. Co-registration. By becoming a Member, You agree that you might be registered on Magnetapp.co partners’ websites/ applications. By using their services you agree with the Terms and Conditions, Privacy Policy and other regulations, published on their websites/ applications.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Magnetapp.co's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Member Disputes. You are solely responsible for Your interactions with other Magnetapp.co Members. Magnetapp.co reserves the right, but has no obligation, to monitor disputes between You and other Members.
9. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from Magnetapp.co, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.
   • Messaging Frequency no more than 10 messages a week;
   • Messaging & Data rates may apply;
   • If You wish to stop receiving messages reply “stop” to the message (sms) received from Magnetapp.co.
10. Use of the Application and/or the Service is also governed by Magnetapp.co's Privacy Policy, Safety & Security Policy, and other policies available to You.
11. Disclaimers. Magnetapp.co PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Magnetapp.co SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Magnetapp.co DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Magnetapp.co DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, Magnetapp.co cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Magnetapp.co is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. Magnetapp.co DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Magnetapp.co is not responsible for any incorrect or inaccurate Content posted on the Application or in connection with the Service, whether caused by users of the Application, Members or by any of the equipment or programming associated with or utilized in the Service. Magnetapp.co is not responsible for the conduct, whether online or offline, of any user of the Application or Member of the Service. By agreeing to these Terms of Use, you are also agreeing to review and follow the Magnetapp.co Safety & Security Policy prior to using our Services. Magnetapp.co assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Magnetapp.co is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Applications or combination thereof, including injury or damage to users and/or Members or to any other person's computer, related to or resulting from participating or downloading materials in connection with the Application and/or in connection with the Service. Under no circumstances will Magnetapp.co be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Application or the Service, any Content posted on the Application or transmitted to Members, or any interactions between users of the Application, whether online or offline.
12. Suppliers. To provide the Service, Magnetapp.co may purchase services from various third parties (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of Magnetapp.co. Magnetapp.co is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to the terms of agreement with its Suppliers, Magnetapp.co is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
    • Suppliers provide full, accurate and legitimate information required for the registration of the Members at Magnetapp.co prior to their registration according to the terms of Agreement;
    • Suppliers provide additional services in accordance to the terms of their agreement with Magnetapp.co;
    • Any additional services requested by Magnetapp.co Members, which fall into the Suppliers scope of activity, but not defined by Magnetapp.co terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
    • Magnetapp.co is not in any way responsible for the quality of any additional services provided by the Suppliers. The Application and the Services are provided «as is» and Magnetapp.co expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Magnetapp.co cannot guarantee and does not promise any specific results from using the Application and/or the Service.
13. Members. Magnetapp.co does not influence the relationships between Members of the Application. Members may terminate their membership with Magnetapp.co at any time. Deactivation of profiles belonging to Members of Magnetapp.co is governed by the following:
    • In the event a Member is no longer interested in the Services, Magnetapp.co customer support administrators shall review the correspondence between such Member and other Members with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, Magnetapp.co customarily issues no more than 10 credits back to the Correspondent for such a Correspondent’s last messages to the deactivated Member.
    • In the event a Member had requested his/her profile to be deleted from Magnetapp.co for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of Magnetapp.co's Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his/her correspondence with such a Member. Magnetapp.co may, at its discretion, issue 10 credits back to the Correspondent's account for the Correspondent's last messages to the Member, if these messages were the last ones in their correspondence.
    • In the event a Member has found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
    • In the event a Member had been reported for inappropriate activities, Magnetapp.co may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed Magnetapp.co of such Member's inappropriate activity by providing incontrovertible evidence of the same.
    • In the event a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Application provided that Magnetapp.co, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. Magnetapp.co may issue a partial refund to the Correspondent who provided such information.
    • Members may have only one account (membership) with the Service. Multiple accounts will be blocked.
    • Magnetapp.co operates in full compliance with the International Marriage Broker Regulation Act and law (IMBRA).
14. Purchase of Membership/Additional Purchases. Upon registering with the Application, You shall have access to the following Services:
    • Browsing of Members’ profiles;
    • Inclusion of Your profile in Magnetapp.co's database and searchability by other Members;
    • Ability to make changes to Your profile;
    • Ability to read messages in free chats within 24 hours before their expiration from their initiation;
    • Ability to respond to messages from Members, given you have a positive balance on Your account;
    • Ability to purchase membership and/or credits.

    Your free use access may be terminated after a month of use. In the event You wish to continue using our Application and/or use other Services not included in a free-use, You’ll have to buy Membership and/or credits. All Services not included in the membership fee shall be provided at an additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at support@magnetapp.co. If You cancel Your membership, You may use your membership until the end of Your then-current membership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

    By purchasing any of the offered membership plans, You authorize Magnetapp.co to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications Magnetapp.co sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless Magnetapp.co notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if Magnetapp.co does not receive payment, You agree that Magnetapp.co may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).

    Any and all discounts indicated on Magnetapp.co are calculated with relation to the shortest membership period plan/ smallest package of credits. Any and all discounts are at the full discretion of Magnetapp.co.

    By subscribing to our paid-monthly membership, you will receive the following benefits:

    • 5X visibility to other members;
    • Double your matches per day;
    • Remove chat expiration timers;
    • 5X free intro chats;
    • Skip waiting for responses;
    • Reverse your Passes;
    • Power to refresh matches;
    • 45 free monthly credits;
    • Daily gifts;
    • See if your messages were read.

    45 free monthly credits as a monthly membership gift is not applicable for the weekly subscription.

    If you are granted any free intro chats, you are able to exchange up to 7 free messages with each unique user free of charge, before you will be prompted to rate your communication. Each free chat message is limited to 140 characters (with spaces). The rating is triggered when either You or the Member you are chatting with sends the 7th message in a single chat. Remaining free messages do not accumulate at any point to be used at a later time.

    Prices of services:

    • Chat with non-popular users is free for subscribed users;
    • Chat with Popular Members costs 5 credits per message;
    • Sending / viewing photos in chats costs 10 credits;
    • Refreshing the Game Zone costs 20 credits per Refresh;
    • Prepaid Art Stickers cost 300-1000 credits per pack, as indicated in the Application.

    At our sole discretion we may offer you extended scope of Membership, provided that we may overturn or change this extended scope of Membership at any time. The extended scope of Membership may additionally include other benefits like free chats, extra matches, extra Refreshes of the Game Zone and free credits.

    To achieve the VIP status on Magnet, you must spend at least 250 credits within 2 weeks or 500 credits since registration. VIP status users may receive various benefits, including discounts and freebies. If you acquire the VIP status, it will be yours unless you stop making purchases within a 7-day timeframe. To reactivate the status, any purchase can be made.

    Other benefits which may vary from time to time.

    Popular Members are the members that are marked with a sign “Popular Member” and/or with a lightning bolt icon. Popular members are obligated to follow our Community Standards. A user becomes a Popular Member upon the completion of a list of requirements, including time spent in the app, amount of exchanged messages within the app, and quality of communication the user provides (determined by the positive feedback based on the Like to Pass ratio). Upon completion of said list, the Magnet team grants said status to the user account for the period of time the requirements continue to be met.

15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Magnetapp.co be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if Magnetapp.co knows or has been advised of the possibility of such damages. Magnetapp.co is not responsible for any expenses that you may have related to communicating with Members on our site and outside of using our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, Magnetapp.co's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Magnetapp.co for the Service during the term of membership.
16. U. S. Export Controls. Software from the Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Disputes. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Magnetapp.co. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity(and not as a class action or other representative proceedings).

    Any dispute or claim relating in any way to your visit to or use of the Application or to products or services sold or distributed by Magnetapp.co or through Magnetapp.co shall be resolved in the following manner.

    Informal Process First. You agree to first contact Magnetapp.co Customer Support by email and attempt to resolve the dispute with us informally within a period of 60 days.

    Binding Arbitration. If the dispute has not been resolved within 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.

    Arbitration Tribunal. The American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.

    Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States

    Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.

    Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.

    Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, Magnetapp.co will pay them for You.

    Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.

    Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against the Company owning Magnet.

    CLASS ACTION AND JURY TRIAL WAIVER. YOU AND Magnetapp.co AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Magnetapp.co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

    Please also note should you charge back any transactions billed to your account, Magnetapp.co may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and Magnetapp.co’s privacy policy will therefore not restrain any such disclosures.

18. Indemnity. You agree to indemnify and hold Magnetapp.co, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Magnetapp.co or transmit to the Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
19. Other. This Agreement, accepted upon use of the Application and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and Magnetapp.co regarding the use of the Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.