Please read these Terms carefully, as they constitute an agreement between you and Quipalup SL regarding the use of this website.
NIF B01672674
Mossen Amadeu Oller 38,5-2, 08014, Barcelona
1.1 Welcome to MarkdownMagic! These terms and conditions outline the agreement between you (referred to as “you” or “your”) and Quipalup SL referred to as MarkdownMagic (also referred to as “we”, “us”, or “our”) regarding the use of our services.
1.2 By subscribing to our services, you agree to these terms and receive a limited, non-exclusive, non-transferable, and revocable license to use our application, referred to as the “License”.
1.3 Our application is a Paid Version with a trial period. You can find detailed information about it, including features, on our Plans section, which we may update periodically.
1.4 Capitalized terms used in these terms and conditions are defined as follows:
"Acceptable Use Policy" refers to our policy available at [link] and forms part of these terms.
"Account" is the unique account you create to access our services, identified by your email address.
"Application" is our web-based platform where you create Presentations.
"Customer" is the individual or entity purchasing Licenses to use our Application.
*"Data Protection Laws" refers to GDPR and related laws.
"Trial Period" is the time you can use our Application without incurring in any charge.
"Initiation Day" is the day when a Customer purchases a License.
"License Period" is described in Section 3.2.
"Presentations" refers to the presentations created by a User using our Application.
"MarkdownMagic" is our brand owned by Quipalup SL, a Spanish company.
"Order Form" is the process specifying the Services entered into between a Customer and MarkdownMagic.
"Services" encompass all services provided by MarkdownMagic, including the Application, Websites, and other platforms.
"Terms" are these general terms and conditions, including any terms in an Order Form.
"Third Party Integration" refers to any external service integrated with our Services.
"User" includes any person who signs up for an Account.
"User Data" encompasses all data submitted electronically by you in the use of our Application.
"Websites" refer to MarkdownMagic.com and related sites, including subsites or versions connected to supporting your use of the Application.
2.1 By agreeing to these Terms and utilizing our Services, you are bound by our Acceptable Use Policy. It is imperative that your use of the Services complies with this policy at all times. You are responsible for providing MarkdownMagic with all necessary information to fulfill our obligations outlined herein.
2.2 MarkdownMagic cannot be held liable for your Internet connection or network used to access the Services. It is your responsibility to ensure that you have the necessary technical requirements in place to use our Services, including suitable equipment and software.
2.3 You are responsible for backing up your User Data.
2.4 You are accountable for the presentations you create and all User Data and other information you submit to our Services.
2.5 We reserve the right to investigate and take appropriate action against any violation of the Terms, including removing content, reclaiming usernames, or reporting violations to law enforcement authorities. We may also disclose data supplied to our Services if required by law or court order.
2.6 By creating an Account or purchasing Licenses, you confirm that you have the authority to enter into a legally binding agreement with us. If accessing the Services on behalf of your employer, you confirm authorization to bind your company to the Terms.
2.7 MarkdownMagic is designed as a professionals tool. If you are under 16 years old, you must have parental or guardian consent to agree to the Terms and use the Services.
2.8 We reserve the right to terminate your subscription and suspend your access to the Services if you fail to comply with the Terms or if your use of the Services poses significant risk to MarkdownMagic or any third party.
3.1 The current and applicable prices for the Licenses can be found on our Pricing page. All prices exclude VAT, other taxes, and potential tolls or import/export fees. You are responsible for any sales, use, goods and services, value-added, withholding, or similar taxes or levies that apply to your purchase in accordance with the laws and regulations applicable to you, other than taxes based on MarkdownMagic’s income.
3.2 Payment shall be made upfront on the Initiation Day at the end or during the trial period, which typically lasts 14 days. Payment for the selected license plan shall be charged on a monthly basis. If not otherwise agreed upon, the license will automatically renew on a monthly basis, and payment for each subsequent month will be processed accordingly.
We understand that circumstances may change. Therefore, if you choose to cancel your subscription before the end of the trial period, no charges will be incurred.
3.3 Payment cannot be made for parts of the License Period or be partially paid.
3.4 We reserve the right to change the prices listed under Pricing as well as the payment terms (including License Periods) at our own discretion. Such changes will, however, not affect a License already paid for.
3.5 Customers are entitled to cancel the License at any time in accordance with these Terms. The cancellation will apply at the start of the next billing period.
3.6 Your License subscription will be billed monthly and automatically renewed unless cancelled in accordance with these Terms. Payment will be charged to your chosen payment method on the Initiation Day and at the start of every new billing period unless cancelled in accordance with these Terms, and you hereby authorize us to charge your selected payment method for the applicable fees. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment, and local tax charges may vary depending on your selected payment method. We reserve the right to change the prices in accordance with Section 3.5, and we will notify you thirty (30) days in advance of the price change by sending an email to the email address you have registered for your Account. If you do not wish to accept such price change, you may cancel your subscription in accordance with these Terms. If you do not cancel your subscription after the price change takes effect and prior to the start of the new billing period, your subscription will be renewed at the price in effect at the time of the renewal, and you hereby authorize us to charge your selected payment method the applicable amounts.
4.1 Customers will receive their License to use the Application as of the Initiation Day.
4.2 Accounts are intended for individual use, meaning that each Account can only be accessed and used by one person. You agree not to share your License with any other person. However, this does not restrict your right to utilize the Application.
4.3 Each License grants you the right and access to utilize the features outlined in the Pricing section.
5.1 Users maintain ownership of all User Data submitted. We retain the right to utilize and store User Data as required to deliver the Services or fulfill our obligations under the Terms. User Data and other usage-related information may be analyzed to improve and enhance the Services, as well as for diagnostic and corrective purposes. However, we do not acquire rights to use the content created by you. Please refer to our Security Policy for details regarding access and access control.
6.1 Upon purchasing a License, MarkdownMagic automatically creates a personal Dashboard for the user.
6.2 As a user, you have the authority to manage your Dashboard independently. It is your responsibility to ensure compliance with the Terms and manage access permissions.
6.3 You are accountable for any content created within your Dashboard and the User Data submitted. Resolving disputes falls under your responsibility.
6.4 Compliance with Data Protection Laws regarding User Data within the Dashboard is your responsibility. MarkdownMagic bears no liability for the accuracy or legality of such data.
6.5 Within the Dashboard, you have sole ownership of your Account and can manage it independently.
6.6 MarkdownMagic may include additional features in your Dashboard, which you can utilize as per your preference and requirement.
We strive to provide accurate and valuable information; however, we make no warranties or guarantees regarding the accuracy, completeness, or suitability of the content.
6.8 Within the Dashboard, users own and are liable for their content and data. Upon departure, ownership of associated content and data remains with the user.
7.1 If you register for an Account using an email address provided by an organization, we reserve the right to notify the organization about your Account. The organization may request the deletion of your Account. This practice is outlined further in our Privacy Policy. Essentially, we do this to enhance the experience and value for our Users and Customers, as well as for commercial purposes. To avoid such notifications, we recommend registering for an Account using your personal email address.
7.2 Any organization (referred to as a Customer) that opens a User Account confirms that it possesses all necessary rights and consents for the conversion of the Account.
8.1 Initially, our Services are provided "as is" and “as available”, and MarkdownMagic makes no warranties, whether express or implied, regarding the performance of the Services without errors and/or interruptions.
8.2 However, we will make commercially reasonable efforts to rectify any faults in the Services promptly as determined by us in our sole discretion. A fault in the Services refers to a deviation from the description of the current version of the Services and significant deviations from generally applicable norms for software similar to the Services. MarkdownMagic's obligation to rectify faults in the Services does not cover faults that are insignificant for the intended use of the Services.
8.3 Typically, faults in the Services are rectified through correction or by providing instructions on how to circumvent the fault. To claim the existence of a fault for which MarkdownMagic is liable, you must report it to us within a reasonable period after discovering the fault. You will need to specify, and if necessary demonstrate, how the fault manifests itself.
8.4 If we fail to rectify a fault promptly as required by the circumstances, you, as a Customer, will be entitled to a reduction in the price of the License corresponding to the fault, subject to the limitations outlined in Section 14.1. Free Users will not have any right to financial compensation.
9.1 Safeguarding personal data is of utmost importance to us. We only collect and utilize the necessary personal data to provide our Services, as outlined in our Privacy Policy. Our Privacy Policy details the collection, usage, storage, and sharing of personal data, along with information on how you, as a data subject, can exercise your rights. For comprehensive information on how we handle your personal data and the cookies we use, please review our Privacy Policy and Cookie Policy. Additionally, our Security Policy outlines how we maintain the requisite level of security as mandated by GDPR for our Services.
9.2 Rest assured, we never sell or provide access to personal data or User Data for purposes beyond fulfilling the delivery of Services under the Terms (excluding organization email addresses as described in Section 7).
10.1 We reserve the right to contact you, including for marketing purposes, such as sending newsletters, product updates, offers, or other Application-related information. You can unsubscribe from MarkdownMagic emails at any time by following the instructions provided at the bottom of the email. However, please note that we may still communicate with all Users and Customers via email regarding specific orders, requests, or inquiries related to the Services, even if you opt out of certain emails.
11.1 Quipalup, maintains all rights and title to the Services we provide, including all intellectual property rights and know-how related to the Application and other aspects of the Services. Except for the right to use the Services you purchase in accordance with the Terms, you do not acquire any other rights to MarkdownMagic's Services or the associated intellectual property rights, including copyrights, patents, trademarks, trade secrets, or goodwill.
The trademarks, logos, service marks, and trade names (collectively referred to as "Trademarks") visible on the Sites and Apps are registered and unregistered trademarks of Scribd, Inc. They cannot be used in connection with products or services unrelated to or not sponsored by the Company. Any Trademarks not owned by the Company but appearing within the Services are the property of their respective owners.
11.2 We do not intentionally infringe on any third party's intellectual property rights, and to the best of our knowledge, the Application does not violate any third party intellectual property rights.
11.3 If we receive written notification of actual or potential intellectual property rights infringement related to the Application, we will make reasonable efforts to modify the Application to avoid such infringement. However, if the costs of such measures are unreasonably high, MarkdownMagic may instead choose to limit or temporarily suspend the use of the Services, or terminate your License(s) under the Terms with immediate effect, refunding any prepaid fees proportionately. MarkdownMagic's obligations under this section do not apply if the infringement arises from a modification of the Application not made or authorized by MarkdownMagic.
12.1 Content Disclaimer. We are not responsible for the accuracy, usefulness, or intellectual property rights of such content, sourced from various providers. Users understand that some content may be inaccurate, offensive, indecent, or objectionable, and you waive any legal or equitable rights against us concerning such content.
We do not endorse any content or opinions expressed therein and disclaims liability associated with it. Quipalup reserves the right to investigate and remove content that violates these Terms.
12.2 Granting Rights to Us. When you upload content to MarkdownMagic, you grant us a broad license to use, distribute, monetize, and promote your content worldwide. This includes hosting, displaying, adapting, and creating derivative works from your content. We may also use automated systems to monitor and manage content. You can terminate this license for specific content by removing it, but we or third parties may retain copies for legal or archival purposes.
12.3 Granting Rights to Other Users. By creating content, you grant other users of the services a limited license to access and use your content according to the terms you specify. This includes viewing, downloading, and printing for personal use. If you remove your content from the services, the rights granted to users for content distributed prior to removal will continue.
12.4 Rights You Retain:You maintain ownership rights to your original content created and owned by you. You can modify or delete your content at any time.
Both parties agree to maintain confidentiality and not disclose any confidential information and data received from the other party to any third party. Confidential information includes any technical, commercial, or other information, whether documented or not. However, disclosure may occur if necessary for a party or its employees to (i) defend against litigation, (ii) file and prosecute patent applications, (iii) comply with laws, governmental regulations, court orders, or arbitration tribunal orders, or (iv) comply with applicable stock exchange regulations or regulations of any other recognized marketplace.
Confidentiality does not apply to information that (i) is publicly available, (ii) becomes public through no fault of the receiving party, (iii) was known prior to disclosure by the receiving party as evidenced by written records, (iv) is disclosed in accordance with the Terms or with the other party's prior written consent, or (v) is disclosed by a third party with a lawful right to do so.
The obligations of confidentiality shall remain in effect during the License Period and for two years thereafter.
13. Service Availability, Maintenance, Testing and Downtime
13.1 MarkdownMagic endeavors to maintain the availability of the Services to the fullest extent possible. However, in our efforts to provide updated and maintained Services, MarkdownMagic reserves the right to temporarily disconnect the Services for maintenance and upgrades without prior notice. MarkdownMagic cannot be held liable for any downtime or technical complications resulting from such actions.
13.2 We also reserve the right to introduce new features, implement updated versions of the Application, conduct user experience testing, or undertake other actions aimed at improving the Services. Additionally, we may modify or discontinue certain features and functionalities of the Services. Rest assured, we will not materially reduce the overall functionality of the Services during the License Period and will provide advance notice of updates or maintenance that may cause significant disruptions to the Services.
14.1 MarkdownMagic's liability for any issues related to the Services and the Terms is capped at an amount equal to the fees paid by you for the Services during the three months preceding the initial incident causing the loss. To retain your right to compensation, you must file a damages claim within two months of the incident. This limitation applies regardless of the legal basis for the claim. Incidents during the trial period are not eligible for economic compensation.
14.2 MarkdownMagic is not liable for indirect, incidental, or consequential damages arising from the Terms or your use of the Services.
14.3 MarkdownMagic is not responsible for losses or damages resulting from:
(i) User Data or other content provided by you when using our Services;
(ii) issues with your software, hardware, or Internet connection;
(iii) data corruption, destruction, or other damages caused by viruses affecting your systems;
(iv) faults due to downtime, technical issues, or reasons listed in Sections 8 and 13;
(v) faults due to modifications by you or third parties or circumstances beyond MarkdownMagic's control; and/or
(vi) loss or damage of User Data caused by you or third parties, with the exception that MarkdownMagic will make reasonable efforts to restore lost or damaged User Data from our latest backups.
MarkdownMagic shall be exempt from fulfilling any obligations to you under the Terms if the performance thereof is hindered or delayed by circumstances beyond MarkdownMagic's control, including but not limited to riots, fires, floods, natural disasters, wars, accidents, acts of terrorism, sabotage, strikes, embargoes, or other government actions. In the event of such force majeure events, we will promptly notify you and provide relevant information accordingly.
Notices regarding termination or any other communication shall be transmitted via email and shall be considered received no later than two days after the email is sent.
Notices regarding termination or any other communication shall be transmitted via email and shall be considered received no later than two days after the email is sent.
18.1 You are not permitted to transfer your agreement with us or your right to use the Services without prior written consent from MarkdownMagic.
18.2 If any provision of the Terms is deemed invalid or unenforceable, it will be interpreted to achieve its intended purpose to the maximum extent allowed by applicable law, and the remaining provisions of the Terms will remain fully effective.
19.1 The Terms become effective automatically upon your registration for an Account or upon your usage of the Application or any affiliated Websites, whichever occurs first. For Customers, the Terms become effective automatically on the Initiation Day.
19.2 You have the right to terminate your License subscription(s) at any time by [....]. Termination will be finalized upon your confirmation of the request for removal from all systems and the deletion of all your data, including User Data. No refunds will be provided for fees already paid. Following termination, you will no longer have access to the Services. Refer to Section 6.6 for guidelines on deleting Account(s).
19.3 MarkdownMagic reserves the right to terminate your subscription as outlined in the Terms or under any other circumstances by providing one month's prior notice. We retain the right to revoke a User's access to the service if their usage could potentially subject us to sanctions or similar trade restrictions imposed by the EU, U.S., or any other competent authority. Termination requests can be submitted using the email address associated with your MarkdownMagic account.
19.4 Any clauses deemed to survive termination of the License Period or that are of a nature to remain in effect will continue to apply even after the subscription of a License has been terminated.
Your acceptance of the Terms does not establish a joint venture, partnership, agency, or fiduciary relationship between you and MarkdownMagic. Both parties remain independent, and there is no intention to form any such relationship.
We may update these Terms to comply with legal changes, improve the Services, or introduce new features, without materially affecting your rights. The latest version will always be available on our website, and it's your responsibility to review them before using the Services. We'll notify you of significant changes via email or on our blog. By continuing to use the Services, you accept any updated terms
Occasionally, we may provide the Services on a trial or beta basis, such as alpha, beta, or early access offerings, which may include certain subscription options, interfaces, features, or functionalities. We reserve the right to determine the scope and availability of these offerings. Participation in trial or beta Services is voluntary, and you are not obligated to use them. Your access to these Services will be limited to the specified trial or beta period and is governed by these Terms. Before using or subscribing to trial or beta offerings, you will be provided with relevant information and any additional terms and conditions, if applicable.
23.1 The Terms are governed by the substantive laws of Spain.
23.2 If you have any issue with our Services, we aim to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to attempt to resolve the matter informally by contacting support@markdownmagic.io. We will make efforts to resolve the dispute through email communication. If the issue persists after 15 days, either party may initiate formal proceedings.
If you have any questions or concerns about these Terms and Conditions, please contact us at support@markdownmagic.io
