MAGIC Terms and Conditions — United States

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A 12-MONTH MINIMUM COMMITMENT ON MONTHLY SUBSCRIPTION PLANS, AUTOMATIC RENEWAL ON ANNUAL SUBSCRIPTION PLANS, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER (SECTION 9) WHICH APPLY UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION.

Our Contact Details

Email: team@magic.fit

Toll-free: +44(0)7952228506

Write to: 111b South Governors Avenue Dover, Delaware 19904

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you in the United States, whether goods, services or digital content. These terms are divided into the following sections:

• Part 1 — General Terms (applies to all products).

• Part 2 — Terms Specific to Goods.

• Part 3 — Terms Specific to Services (including subscription terms).

• Part 4 — Important Health Statements.

1.2 Why you should read them. Please read these terms carefully before you submit your order. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.

1.3 Consumer terms. These terms apply to purchases by consumers in the United States.

1.4 Application. These US Terms apply to customers located in the United States. They supplement, and where they conflict take precedence over, our general Terms and Conditions for US users.

Part 1 — General Terms

2. Information About Us and You

2.1 Who we are. We are MAGIC TECH LTD. Our UK registered office is at 9th Floor, 107 Cheapside, London EC2V 6DN, United Kingdom. Our US customer service and agent for service of process is 111b South Governors Avenue Dover, Delaware 19904

2.2 How we may contact you. If we have to contact you we will do so by email or by writing to the address you provided in your order.

2.3 How to tell us about problems. If you have any questions or complaints about any products, please contact us at details above.

2.4 “Products”. When we use the word “products” in these terms we mean either goods (such as the MAGIC Mirror) or services (such as the MAGIC+ subscription).

3. Our Contract with You

3.1 Order acceptance. Once you have placed an order we will email you a confirmation of receipt. This is not acceptance. We will separately email you a confirmation of acceptance once payment is processed and we are otherwise able to proceed. The confirmation of acceptance is our acceptance of your order, and only at this point will a contract come into existence.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you by email and will not charge you for the products.

3.3 Your order number. We will assign an order number to your order. Please reference it when contacting us.

4. Auto-Renewal Disclosure and Cancellation — Consumer Notice

4.1 Disclosure and acknowledgement. We will provide you with: (a) clear-and-conspicuous disclosure of subscription terms before checkout, including price, billing cadence, minimum term (for monthly plans), and automatic renewal (for annual plans); (b) an acknowledgement of those terms after purchase; and (c) the ability to cancel online through your account at any time, by the same method you used to subscribe, with no requirement to call, mail, or otherwise contact us.

4.2 Annual renewal reminder. For annual plans, we will email you between 15 and 45 days before each renewal confirming the renewal date, the amount that will be charged, and how to cancel.

4.3 Trial-to-paid reminder. We will email you before your 30-day trial ends to remind you that paid billing is about to begin and how to cancel.

5. Our Rights to Make Changes

5.1 Minor changes. We may change the products to reflect changes in relevant laws and regulatory requirements, and to make minor technical adjustments and improvements. These changes will not affect your use of the products.

5.2 More significant changes. We may need to make more significant changes to the products or to these terms. We will notify you and, where applicable, give you the opportunity to end the contract.

6. Your Rights to End the Contract

6.1 Trial cancellation (goods). You may return your MAGIC Mirror within 30 days of delivery as described in Part 2 (Goods).

6.2 Trial cancellation (services). You may cancel your MAGIC+ subscription during the 30-day trial period at no cost (see Part 3, Section 16).

6.3 State-law rights. Non-waivable rights you have under applicable state law are preserved. Nothing in these terms limits any consumer rights that cannot be waived.

7. Price and Payment

7.1 Prices. The price of the product will be the price indicated at the point of sale. Prices do not include applicable state or local sales/use tax, which will be calculated and added at checkout where required.

7.2 Pricing errors. If a product's correct price is less than the price stated at checkout, we will charge the lower amount. If the price is higher, we will contact you for instructions before accepting the order.

7.3 Payment options. The payment options available are set out in Parts 2 (Goods) and 3 (Services).

8. Loss or Damage; Limitation of Liability

8.1 Our responsibility. We are responsible for losses that are a reasonably foreseeable consequence of our breach of these terms or our failure to use reasonable care and skill.

8.2 Limitation of liability. To the maximum extent permitted by applicable law: (a) our aggregate liability to you in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim and $100 (b) we are not liable for indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, or data. Some states do not allow these limitations, in which case they apply to the extent permitted.

8.3 Installation and property damage. Where installation is provided, we will repair damage caused by our installer's negligence, but we are not responsible for pre-existing faults or for damage caused by installation that you carry out without following our instructions.

8.4 Business losses. We supply the products for personal and household use only. If you use them for any commercial or re-sale purpose we have no liability for loss of profit, business interruption, or business opportunity.

9. Governing Law, Arbitration and Class-Action Waiver

9.1 Governing law. These US Terms are governed by the laws of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration provisions in this Section 9.

9.2 Informal resolution. Before bringing a formal proceeding, you and we agree to attempt in good faith to resolve any dispute through informal negotiation for at least 60 days after written notice.

9.3 Class-action waiver. You and we each waive the right to participate in a class action, class arbitration, or representative action. Disputes must be brought individually. If a court determines this waiver is unenforceable as to a particular claim, that claim alone will proceed in court; the rest will remain in arbitration.

9.4 Opt-out. You may opt out of this Section 9 by emailing team@magic.fit within 30 days of first agreeing to these terms. Opting out does not affect any other part of these terms.

9.5 Public injunctive relief. Nothing in this Section limits your right to seek public injunctive relief in a court of competent jurisdiction where required by applicable law.

10. Personal Information

10.1 Our use. We will only use your personal information as set out in our Privacy Policy.

10.2 Payment data. Payments are processed by Stripe. The use and storage of your financial data by Stripe is governed by Stripe's own terms and privacy policy.

11. Intellectual Property

11.1 Licence. We grant you a royalty-free, non-exclusive, non-transferable licence to use the software in our products for the intended use of those products. No sale affects our ownership of intellectual property rights in the software. You may not interfere with or modify the software.

11.2 Content. Content made available through our products (including video, text and images) is protected by copyright. You are granted a personal, non-commercial licence to use it in accordance with its intended use.

12. Accessibility

We are committed to making our products accessible. We aim to conform to WCAG 2.1 Level AA. To report an accessibility issue or request assistance, contact team@magic.fit.

13. Body-Scan Feature

If you choose to use the body-scan feature, you authorise us to collect and process images of you and derive body measurements and pose data from those images for the purposes described in our Privacy Policy. You may stop using the feature at any time, and you may request deletion of body-scan data already collected by contacting team@magic.fit.

14. Other Important Terms

14.1 Our right to transfer. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and the transfer will not affect your rights.

14.2 Your right to transfer. You may only transfer your rights or obligations if we agree in writing.

14.3 Third-party rights. This contract is between you and us. No other person has rights to enforce its terms.

14.4 Severability. If any provision is unlawful or unenforceable, the remaining provisions remain in full force and effect.

14.5 No waiver. Our delay in enforcing a provision is not a waiver of it.

14.6 Force majeure. We are not liable for any failure or delay caused by events outside our reasonable control, including internet/telecommunications failures, power outages, third-party service-provider failures, acts of government, or natural events.

14.7 Indemnification. You agree to indemnify and hold harmless MAGIC and its affiliates, officers, employees and agents from any claims, damages and reasonable costs (including reasonable attorneys' fees) arising from (a) your breach of these terms, (b) your misuse of the products, or (c) your infringement of any third-party right through your use of the products.

14.8 Entire agreement. These terms (together with our Privacy Policy and any documents referenced) are the entire agreement between you and us on their subject matter, superseding any prior agreement, except in respect of fraud or fraudulent misrepresentation.

15. Consumer Notices

California users: You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

Part 2 — Terms Specific to Goods

16. Providing the Goods

16.1 Delivery costs and provider. Delivery costs are as displayed at checkout. We use different delivery partners depending on the goods.

16.2 Delivery deadline. You will be asked to select your delivery date at checkout. We will take reasonable steps to deliver on that date and in any event within 30 days unless prevented by events outside our control.

16.3 Risk and ownership. Goods are at your risk from delivery. You own goods once we have accepted your order and received payment in full.

17. Trial Period for Goods

17.1 30-day trial of the MAGIC Mirror. You have 30 days from receipt of your first purchase of a MAGIC Mirror to decide if you wish to keep it. If you decide to cancel, contact us and arrange return of the goods. We will refund the purchase price within 28 days of receipt of the returned goods. Non-waivable state-law return rights are preserved.

17.2 Further Purchases. For other goods purchases (e.g. MAGIC Dumbbells), you have 14 days from receipt to decide.

18. Payment Options for Goods

18.1 Card payments. We accept Visa, Mastercard, American Express and PayPal. Your card will be charged the full amount at purchase. We may make use of certain payment methods conditional on identity or credit check.

18.2 Financing. We may offer financing through a third-party financing partner. The financing arrangement is between you and the financing partner.

Part 3 — Terms Specific to Services

19. Providing the Services

19.1 Our services. MAGIC+ is the subscription service that gives you access to MAGIC's library of workouts, programs, and connected features on your MAGIC mirror and the MAGIC mobile app.

19.2 Membership plans. MAGIC offers two membership tiers: MAGIC Core (a free tier available to anyone with an activated MAGIC mirror) and MAGIC+ (a paid subscription that unlocks the full library of workouts, programs and connected features). New subscribers are eligible for a 30-day free trial of MAGIC+ as described in clause 22.1. If you cancel MAGIC+ at any time (during or after the trial), your account does not close; it reverts to MAGIC Core. Both tiers are treated the same way for data-protection purposes, as described in our Privacy Policy. The current MAGIC+ plans are: Monthly — $35 per month, over a 12-month minimum term (total $420 over the minimum term), billed monthly; Annual — $299 per year (equivalent to $24.90 per month), billed annually in advance.

20. Service Conditions

20.1 Eligibility. You must be 18 or older (or the age of majority in your state) to create an account and subscribe. Sub-accounts may be created only for household members aged 18 or older. Sub-accounts may not be created for children under 13.

20.2 Accurate information. It is a condition of membership that the information you provide is accurate.

20.3 Security. You must keep your account credentials confidential. Notify us immediately of any misuse.

20.4 Technical requirements. You must have an internet connection with at least 20 Mb/s download speed.

21. Sub-Accounts

21.1 Setting up. You may create up to four sub-accounts for other adult members of your household.

21.2 Eligibility. Sub-account holders must meet the service conditions in Section 20, including the minimum age.

21.3 Payment. There is no additional charge for sub-accounts within the limit above.

21.4 Closure. A sub-account holder may close their sub-account at any time. If the main account is closed, all sub-accounts close automatically.

22. Subscription Plans

22.1 30-day trial. New MAGIC+ subscribers receive a 30-day free trial. The trial begins on the day you first activate your MAGIC mirror. You will be asked to provide payment card details when you start the trial, but no payment is taken at sign-up and no charge will be made before the trial ends. You may cancel online at any time during the trial at no cost. If you do not cancel before the trial ends, your subscription will automatically continue on the plan you selected (Monthly or Annual) and the payment method you provided will be charged from that date.

22.2 Monthly plan — 12-month minimum commitment. If you select the monthly plan, you commit to a minimum term of 12 months from the date the 30-day trial begins. You may cancel without charge during the trial. After the trial, you may not cancel during the minimum term except as required by applicable law or where we are in material breach. At the end of the 12-month minimum term, your monthly subscription will automatically renew for a further 12-month minimum term, on the same monthly billing schedule, unless you cancel before the end of the current term. We will email you a renewal reminder before each renewal. You may cancel during the 30 days preceding the end of any 12-month term with effect from the end of that term.

22.3 Annual plan — automatic renewal. The annual plan automatically renews on the same date each year for successive 12-month periods at the then-current annual price until you cancel. By selecting the annual plan you authorise us to charge your payment method for each renewal.

22.4 Pausing. You may pause your subscription once per 12-month contract period, for a maximum of one month per pause. Billing and access are suspended during a pause. The 12-month minimum term is extended by the length of any pause.

22.5 Cancellation vs account deletion. Cancelling MAGIC+ does not close your account. If you cancel MAGIC+, your account will revert to the free MAGIC Core tier and you will continue to have access to MAGIC Core. If you want to fully delete your account and the personal information associated with it, contact us at team@magic.fit or use the account-deletion option in your account. Deletion will be carried out within the time required by applicable state law, subject to any data we are required to retain by law.

23. Paying for the Services

23.1 Payment processor. Subscription payments are processed by Stripe Payments UK, Ltd., a payment processor incorporated in the United Kingdom. By providing payment information you authorise Stripe to charge your payment method as set out in these terms. Stripe's processing of your payment information is governed by Stripe's own terms and privacy policy.

23.2 Billing. Monthly fees are charged on the same day each month, starting the day the 30-day trial ends. Annual fees are charged in advance on the day the 30-day trial ends and on each anniversary of that date.

23.3 Price changes. We will give at least 30 days' email notice before any price change. For annual subscribers, changes apply only from the next renewal.

23.4 Failed payments. If a payment fails we will retry and notify you. If we cannot take payment within 14 days, your access may be suspended.

24. Refunds

Outside the 30-day trial period and any non-waivable rights you have under applicable state law, subscription fees are non-refundable. Non-waivable state-law rights are preserved.

25. Third-Party Integrations

25.1 Integrations. The MAGIC mobile app offers optional integrations with Apple Health (Apple HealthKit), Google Health Connect, and your device's calendar app. When you enable an integration, you authorise us to share workout and related data with that platform in accordance with our Privacy Policy. Your use of Apple Health, Google Health Connect, and your calendar app is subject to the terms of Apple, Google, and your calendar provider respectively.

25.2 No responsibility for third-party platforms. We are not responsible for the accuracy, completeness, availability, or onward use of workout, activity, or schedule data once it has been shared with Apple Health, Google Health Connect, your device calendar, or any cloud service that your calendar app syncs with.

26. Service Interruptions and Termination

26.1 Internet connectivity. We are not responsible for interruptions resulting from issues with the provision of internet services at your location.

26.2 Suspension and amendment. We may suspend or modify the services to address technical problems, comply with law, or implement changes notified to you.

26.3 Termination by us. We may end the contract if you materially breach these terms and, where capable of remedy, fail to remedy within a reasonable period after notice.

Part 4 — Important Health Statements

• The use of our AI personal trainer is at your own risk. To the extent permitted by law we accept no responsibility for any injury, loss, or damage caused as a result of using it.

• Our AI personal trainer provides general guidance on exercise. This guidance is for informational purposes only and is not medical advice.

• You should consult your doctor before starting any exercise program and follow their advice on suitability.

• Do not perform any exercise that causes pain, discomfort, or exceeds your physical abilities. You are responsible for monitoring your own health and safety during exercise.

• We do not warrant the accuracy, completeness, or usefulness of information provided by our AI personal trainer. We make no representation or warranty as to its suitability, reliability, availability, timeliness, or accuracy.

• We exclude all liability for loss, injury, or damage arising from use of our AI personal trainer, to the maximum extent permitted by law. Nothing in this Part 4 excludes liability that cannot be excluded under applicable law (see Section 8.2).

• By using our AI personal trainer, you agree to indemnify and hold us harmless from reasonable claims, damages, or costs arising from your use of our AI personal trainer or any breach of these terms.

• We reserve the right to modify, suspend, or terminate our AI personal trainer at any time. We are not liable for any modification, suspension, or termination.