Terms of Use

These Terms of Use (“Terms”) govern your use of magicianly.com and the content, resources, and materials made available by Magicianly B.V. (“Magicianly,” “we,” “us,” or “our”).

By accessing or using this website, you agree to these Terms.

If you do not agree with these Terms, please do not use the website.

About Magicianly

Magicianly B.V. is a retention marketing agency based in the Netherlands. We provide services and educational content relating to ecommerce retention, email marketing, SMS marketing, lifecycle marketing, and related topics.

These website Terms apply to your use of the website and its free content.

If you become a Magicianly client, your services will be governed by a separate agreement between you and Magicianly. If there is a conflict between these Terms and a signed client agreement regarding our services, the client agreement will control.

Website Content

The information on this website is provided for general educational and informational purposes.

We aim to provide useful and accurate information, but ecommerce marketing results vary significantly between businesses.

Nothing on this website should be interpreted as a guarantee that you will achieve any particular:

• revenue
• conversion rate
• retention rate
• deliverability result
• customer lifetime value
• marketing performance
• financial outcome

Examples, benchmarks, case studies, and results shown on the website may reflect specific circumstances and are not promises of future performance.

Free Guides, Courses, and Resources

Magicianly may provide free guides, courses, templates, frameworks, videos, newsletters, and other educational resources.

Unless explicitly stated otherwise, these materials are provided for your own personal or internal business use.

You may use the ideas and frameworks in your business, but you may not:

• resell our resources
• redistribute them as your own
• reproduce substantial portions publicly
• publish them behind your own paywall
• remove Magicianly branding and present them as your own work
• use our materials to create a substantially identical competing paid product

without our prior written permission.

Intellectual Property

Unless otherwise stated, the website and its original content, including text, graphics, branding, designs, videos, downloads, frameworks, and other materials, are owned by or licensed to Magicianly B.V. and are protected by applicable intellectual property laws.

“Magicianly” and associated branding may not be used in a way that suggests endorsement, affiliation, or partnership without our permission.

Nothing in these Terms transfers ownership of any intellectual property to you.

Acceptable Use

You agree not to use the website in a way that:

• violates applicable law
• infringes the rights of another person or organization
• attempts to gain unauthorized access to our systems
• interferes with the security or operation of the website
• distributes malware or harmful code
• automatically scrapes or extracts substantial portions of the website in a manner that materially burdens our systems or violates applicable law
• misrepresents your identity or affiliation with Magicianly
• uses our content fraudulently or deceptively

No Professional Advice

Our website primarily contains ecommerce marketing and business-related information.

Nothing on the website constitutes legal, accounting, tax, investment, or financial advice.

You should obtain appropriate professional advice where necessary.

Third-Party Tools and Links

Our website may contain links to or integrations with third-party websites and services, including scheduling, email marketing, ecommerce, analytics, and other technology providers.

We do not control these third parties and are not responsible for their content, availability, privacy practices, security, or terms.

Your use of third-party services is subject to the terms and policies of those providers.

Testimonials and Case Studies

Testimonials and case studies represent the experiences of particular clients or customers.

Individual results vary, and past results do not guarantee future results.

Where results are discussed, those results may depend on factors including the brand, market, offer, traffic, customer base, historical performance, implementation, timing, and other circumstances.

Availability of the Website

We aim to keep the website available and functioning properly, but we do not guarantee uninterrupted or error-free access.

We may change, suspend, remove, or update any part of the website or its content at any time.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and its content are provided on an “as is” and “as available” basis.

We make no warranties, express or implied, regarding the availability, accuracy, completeness, reliability, or suitability of the website or its content for any particular purpose.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

Limitation of Liability

To the maximum extent permitted by applicable law, Magicianly B.V. and its directors, employees, contractors, and representatives will not be liable for indirect, incidental, consequential, special, or similar damages arising from your use of, or inability to use, this website or its free content.

This includes loss of profits, revenue, data, business opportunities, or goodwill.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law, including liability for fraud, intentional misconduct, or other liability that cannot legally be excluded.

Privacy

Our collection and use of personal information is described in our Privacy Policy.

Our use of cookies and similar technologies is described in our Cookie Policy.

Changes to These Terms

We may update these Terms from time to time.

The version published on this page will apply from the “Last updated” date shown above.

Your continued use of the website following an update constitutes acceptance of the revised Terms to the extent permitted by law.

Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

To the extent legally permitted, disputes relating to these Terms or the use of this website will be subject to the competent courts of the Netherlands.

Mandatory consumer protections or jurisdictional rights that cannot lawfully be waived remain unaffected.

Contact

Questions about these Terms can be sent to:

Magicianly B.V.
Netherlands
emiel@magicianly.com