Terms of Service

Please read these terms carefully before using TestMagicks

Terms of Service

Last Updated: March 2026

1. Acceptance of Terms

By accessing and using TestMagicks ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this Service.

2. Description of Service

TestMagicks is a web-based platform that provides AI-powered content generation tools for creating mock exams, slide decks, and learning materials for educational institutions. The Service includes:

3. User Accounts

Account Creation

You are responsible for maintaining the confidentiality of your account credentials and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Account Eligibility

You represent that you are at least 18 years old and that you have the authority to enter into these Terms. Educational institutions must have authorized representatives creating and managing accounts.

Account Termination

We reserve the right to suspend or terminate any account that violates these Terms or misuses the Service.

4. Subscription & Payments

Pricing and Plans

TestMagicks offers various subscription plans with different features and usage limits. Current pricing is available on our Pricing page. Prices are subject to change with 30 days notice.

Billing and Payment

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your account for the selected plan. You agree to maintain valid and current payment information.

Billing Cycle

Subscriptions renew automatically on the billing date. You will receive a notification before each renewal. You may cancel your subscription anytime before the renewal date to avoid being charged.

Refund Policy

Refunds are available within 7 days of purchase if the Service has not been substantially used. Content generated cannot be refunded. For institutional accounts, refund requests must be submitted in writing.

4A. Fair Use Policy & Service Limits

Plans labeled as "Unlimited" (including the Pro plan) are intended for normal individual study use. As a guideline, this typically means up to approximately 50 mock tests and 300 tutor chats per user per month. There is no hard cap for legitimate personal study within these ranges.

Reserved Rights

To protect service quality, performance, and cost stability for all users, TestMagicks expressly reserves the right to throttle, rate-limit, temporarily suspend, or terminate accounts that exhibit any of the following behavior:

Notice

Where practical, we will notify affected accounts before applying limits and provide an opportunity to adjust usage. In cases of clear abuse, automated misuse, or risk to the platform, we may act immediately without prior notice. Customers on the Corporate plan are governed by the usage terms specified in their individual agreement.

BYOK (Bring Your Own Key)

Users who supply their own AI provider API keys are responsible for the costs and rate limits imposed by their provider. TestMagicks fair-use limits still apply to platform-side resources (storage, mock generation engine, analytics).

5. Intellectual Property

TestMagicks Content

All content, features, and functionality of the Service (including but not limited to software, code, design, layout, and graphics) are owned by TestMagicks, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

Your Content License

By uploading content to TestMagicks or generating content through the Service, you grant TestMagicks a worldwide, non-exclusive, royalty-free license to use, store, and transmit your content solely for the purpose of providing the Service.

Restrictions

You may not reproduce, distribute, transmit, display, or otherwise make available any content from TestMagicks without our prior written permission, except for your personal, non-commercial use.

6. User Content

You retain all rights to content you create or upload to TestMagicks. However, you represent and warrant that:

7. Prohibited Uses

You agree not to:

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

TestMagicks shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of or inability to use the Service, including but not limited to:

  • Loss of revenue or profits
  • Loss of data or business interruption
  • Loss of reputation or goodwill
  • Any other commercial losses

Our total liability for any claim arising out of or relating to these Terms shall not exceed the total amount you have paid to TestMagicks in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless TestMagicks and its officers, directors, employees, and agents from any claims, damages, losses, and expenses arising from:

10. Termination

User Termination

You may terminate your account at any time by contacting our support team. Upon termination, your access to the Service will be immediately revoked.

Termination by TestMagicks

We may terminate or suspend your account and access to the Service immediately, without notice, if you violate these Terms, engage in prohibited uses, or for any reason at our sole discretion.

Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your account data 90 days after termination. Sections 5, 8, 9, and 12 survive termination.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. The exclusive jurisdiction and venue for all disputes arising out of or relating to these Terms shall be the courts located in the State of Wisconsin.

12. Dispute Resolution

Informal Resolution

Before pursuing formal legal action, you agree to attempt to resolve any dispute informally by contacting TestMagicks support with a detailed description of the issue.

Arbitration

If informal resolution fails, you agree to resolve the dispute through binding arbitration under the rules of the American Arbitration Association (AAA) in Wisconsin with a single arbitrator mutually selected by both parties.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the Service constitutes your acceptance of the modified Terms. We will provide notice of material changes via email or prominent notice on the Service.

14. Contact Information

For questions about these Terms, please contact us at: