Terms of Service

Last updated: 7/28/2026

These Terms of Service ("Terms") are a binding agreement between Fokisen Technology LLC, a South Carolina limited liability company ("Fokisen," "we," "us," or "our"), and the entity or person that creates an account or otherwise uses the Magna247 platform ("Customer," "you," or "your"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

"Magna247" or the "Service" means Fokisen's business-to-business software platform, including CRM, outbound and inbound voice and SMS via Twilio, email and newsletter sending, workforce and sales operations tools, the Maggie AI assistant, associated websites, mobile experiences, APIs, and any updates.

2. Accounts, Workspaces, and Users

You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account. Workspace owners and admins are responsible for the actions of their Users and for ensuring that Users comply with these Terms. You will promptly notify us at security@magna247.com of any suspected unauthorized access.

3. Subscription, Fees, and Usage-Based Charges

Paid subscriptions renew automatically for successive terms unless canceled before the renewal date. Fees are billed in advance and are non-refundable except where required by law. Usage-based charges (including calling minutes, SMS/MMS segments, phone number rentals, and AI usage) are metered and billed against a prepaid balance or invoiced in arrears, as applicable to your plan. Taxes are your responsibility unless we are legally required to collect them. We may change pricing on renewal with reasonable prior notice. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

4. Customer Data and License

"Customer Data" means all data you or your Users submit to, generate in, or transmit through the Service, including CRM records, communications, recordings, and content. As between the parties, you own Customer Data. You grant Fokisen a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, and display Customer Data solely to (a) provide, secure, and improve the Service; (b) prevent or address technical or security issues; and (c) comply with law. You may export Customer Data at any time from workspace settings.

5. Acceptable Use

You will not, and will not permit any User or third party to:

  • use the Service to send spam, unsolicited communications, or messages that violate the Telephone Consumer Protection Act ("TCPA"), CAN-SPAM Act, state analogues, GDPR/UK GDPR, Canada's CASL, or any other applicable law or carrier policy;
  • call or text any person who has not provided the consent required by law, or whose number appears on the National Do Not Call Registry when consent is required;
  • upload or transmit content that is unlawful, infringing, deceptive, threatening, harassing, defamatory, or that promotes violence, illegal goods, or fraud;
  • upload malware or use the Service to probe, scan, or breach the security of any system;
  • reverse engineer, decompile, scrape, or attempt to derive source code from the Service, except to the extent applicable law prohibits such restriction;
  • circumvent usage limits, resell the Service, or use it to build a competing product;
  • use the Service to process protected health information subject to HIPAA, cardholder data subject to PCI DSS beyond what the Service explicitly supports, or other regulated data classes without our prior written agreement.

Customer compliance responsibility. Magna247 provides tools — including suppression lists, STOP/START keyword handling, and configurable calling-hours windows — to help you comply with telemarketing and email laws. However, you are solely responsible for the lawfulness of your outreach, including obtaining and maintaining any prior express written consent, honoring opt-outs, verifying scrubs against internal and external do-not-contact lists, ensuring your sender identification and physical mailing address are accurate in every newsletter, respecting time-of-day and day-of-week restrictions in the recipient's jurisdiction, and complying with carrier registration requirements (including 10DLC and toll-free verification). Fokisen is not a law firm and does not provide legal advice.

We may suspend or throttle any activity we reasonably believe violates this Section 5, and may cooperate with carriers, regulators, and law enforcement in investigating suspected misuse.

6. Third-Party Services

The Service integrates with third-party services (including Twilio, OpenAI, Stripe, Supabase, Cloudflare, email providers, and social platforms). Your use of those services through Magna247 is subject to their respective terms and policies, and their availability or pricing changes may affect the Service.

7. Privacy

Our Privacy Policy describes how we handle personal data. To the extent we act as a processor of personal data on your behalf, that processing is governed by our Data Processing Addendum, available on request from legal@magna247.com.

8. Beta Features and AI Output

Features labeled beta, preview, or experimental are provided "as is" without warranties and may be modified or discontinued. Outputs generated by the Maggie AI assistant or any other AI feature may be inaccurate, incomplete, or offensive; you are responsible for reviewing AI outputs before relying on or sending them. AI outputs are not legal, financial, medical, or professional advice.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CALL, MESSAGE, OR EMAIL WILL BE SUCCESSFULLY DELIVERED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY.

11. Indemnification

You will defend, indemnify, and hold harmless Fokisen and its officers, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Customer Data; (b) your or your Users' use of the Service in violation of these Terms or applicable law (including TCPA/CAN-SPAM claims arising from your outreach); and (c) your infringement or misappropriation of any third-party right.

12. Suspension and Termination

You may cancel your subscription at any time from workspace settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access immediately if you materially breach these Terms, if your account is delinquent, or if continued provision poses a security, legal, or carrier-compliance risk. Upon termination, your right to use the Service ends. We will make Customer Data available for export for thirty (30) days after termination, after which we may delete it, subject to Section 6 of the Privacy Policy.

13. Governing Law

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws principles. Subject to Section 14, the state and federal courts located in South Carolina will have exclusive jurisdiction over any dispute not subject to arbitration.

14. Binding Arbitration and Class-Action Waiver

Please read this section carefully. It affects your legal rights.

14.1 Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") that cannot be resolved informally within thirty (30) days of written notice will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted in English and seated in Charleston, South Carolina, or by video conference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

14.2 Class-action waiver. YOU AND FOKISEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides that this class-action waiver is unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in court, and the remainder of this Section 14 will remain in force.

14.3 Exceptions. Either party may (a) bring an individual claim in small-claims court within its scope, and (b) seek injunctive or other equitable relief in court to protect intellectual property rights or address unauthorized access or misuse of the Service.

14.4 Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@magna247.com within thirty (30) days of first accepting these Terms, including your name, account email, and a statement that you decline arbitration.

15. Changes to the Terms

We may update these Terms from time to time. Material changes will be communicated by email to the account owner or by prominent in-app notice, and will take effect on the date stated in the notice. Your continued use of the Service after the effective date constitutes acceptance.

16. Miscellaneous

These Terms, together with any order form, the Privacy Policy, and any DPA, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to legal@magna247.com. Nothing in these Terms creates a partnership, agency, or employment relationship.

17. Contact

Fokisen Technology LLC
[ADDRESS ON FILE — contact legal@magna247.com]
Legal: legal@magna247.com
Privacy: privacy@magna247.com
Security: security@magna247.com