Terms of Service ("Terms")

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://prodigisystem.com website (the "Service") operated by Magma Management PTY LTD ("us", "we", or "our") or any of our websites including, but not limited to http://prodigisystem.net, http://prodigisystem.org, and any related subdomains, email addresses, tools, and services we provide.

1. Prodigi System and Magma Management Pty Ltd

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.

By accessing or using the Service and services offered by these sites, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties to facilitate the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

3. Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.

We cannot, and do not, guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.

The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement.

4. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either monthly or annual, depending on your subscription plan when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Magma Management PTY LTD cancels it. Cancellations must be in writing and must be received within 14 days of the next rebill date. Cancellations can be processed by contacting Prodigi System (Magma Management PTY LTD) customer support team at https://support.prodigisystem.com

A valid payment method, including credit card or PayPal, is required to process your subscription payment. You shall provide Magma Management PTY LTD with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Magma Management PTY LTD to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, your access to the services and programs of the sites will be denied until such time as the subscription, license, or access fee is paid in full. You can contact support at [email protected] to arrange payment.

5. Fee Changes

Magma Management PTY LTD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Magma Management PTY LTD will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

6. Refunds

Refunds for Monthly Subscriptions will not be granted, as the products sold are of a digital nature and are available immediately after purchase. Refund requests will only be considered for Prodigi LeadGen Yearly Plans and such requests may be reviewed by Magma Management PTY LTD on a case-by-case basis. Granting of refunds for these yearly subscriptions is at the sole discretion of Magma Management PTY LTD and is not guaranteed. The assessment of refund requests will account for the associated costs, usage, and fees for the system at the discretion of Magma Management PTY LTD.

Refunds for Prodigi CRM or Prodigi AI Agent subscriptions (monthly or yearly) are not eligible under any circumstances. Due to the digital nature of the products, refunds for monthly subscriptions and any other services are expressly not offered.

Refunds will not be issued in cases where the Service is found to be misused, breached, or otherwise used in violation of these Terms.

6.1. General Cancellation Policy

Users or clients may terminate or cancel their subscriptions at any time to avoid being charged for the next subscription cycle. Such cancellations must be made in accordance with the procedures outlined in [4. Subscriptions, 7. Cancellation and Refund Policy for Annual Subscriptions, and 13. Termination].

To cancel a subscription:

The user or client must provide written notice of cancellation to Prodigi System through the prescribed communication channels (e.g., email [email protected] or support ticket).

Cancellations must be submitted at least 14 days prior to the end of the current billing period. Users who cancel agree to discontinue all usage of the software and services immediately upon the effective cancellation date.

No refunds will be issued for the current billing period after access to the software and services has been granted.

By canceling their subscription, the user or client agrees to discontinue all usage of the software and services upon the effective date of cancellation.

6.2. Cancellation and Refund Policy for Prodigi CRM:

All purchases of Prodigi CRM subscriptions are strictly non-refundable under any circumstances. Prodigi CRM is an online software platform accessed through the domain https://app.prodigisystem.com and its associated paths and subdomains.

By purchasing a subscription to Prodigi CRM, the user or client acknowledges and agrees to the following:

Access vs. Purchase Location: The domain https://app.prodigisystem.com serves as the platform where users access and utilize the Prodigi CRM software. Subscriptions must be purchased through authorized sales channels, not through the domain itself.

Digital Nature of the Product: Due to the digital and immediate-access nature of the software and its features, refunds are not offered once access to the platform has been provided.

Service Customization and Usage: The services provided through Prodigi CRM include substantial setup and resource allocation specific to the user's account, making refunds impractical.

Acknowledgment of Terms: By subscribing to Prodigi CRM, the user or client expressly agrees to these non-refundable terms as a condition of purchase and acknowledges the no-refund policy.

7. Cancellation and Refund Policy for Annual Subscriptions (Prodigi LeadGen)

Prodigi LeadGen is an online software platform accessed through the domain https://leadgen.prodigisystem.com and its associated paths and subdomains. This domain is where users access and utilize the software and its features, but subscriptions are purchased through authorized sales channels.

7.1. Cancellation Rights:

Users or clients who opt for an annual (yearly) subscription to our software and services ("Annual Subscription") and decide to cancel their subscription before the end of the subscribed period are entitled to a cancellation under the terms set forth herein. Such cancellations must be made in accordance with our cancellation procedures as outlined in [4. Subscriptions, 6. Refunds, and 13. Termination].

7.2. Maximum Refund Limitation:

Refunds are applicable only to Prodigi LeadGen Yearly Plans. No refunds will be issued for monthly subscriptions or for Prodigi CRM subscriptions, as all purchases of Prodigi CRM are final and non-refundable.

The maximum refund available to users or clients upon the cancellation of an Annual Subscription for Prodigi LeadGen shall not exceed the equivalent of four (4) months' worth of the Annual Subscription fee, calculated as the Annual Subscription price divided by 12 months and multiplied by 4 months.

If a user cancels their Annual Subscription before the end of the term, a $199 cancellation fee will be applied and deducted from any eligible refund. This fee accounts for administrative and operational costs associated with processing cancellations.

This limitation reflects:

- The non-prorated nature of the annual plan, which provides significant upfront discounts compared to monthly billing.

- The associated setup costs, features, software accounts, and services provided under the subscription.

- The fairness of adjusting refunds based on the benefits already received, without compromising the pricing structure for long-term commitments.

7.3. Refund Calculation Including Feature Usage:

Refunds are applicable only to Prodigi LeadGen Yearly Plans, not to monthly subscriptions or Prodigi CRM subscriptions.

In the event that a user or client cancels their Annual Subscription for Prodigi LeadGen, the refund will be calculated based on the value of services used, determined by whichever usage metric is higher: duration of service (time) or feature usage (e.g., credits). The following considerations apply:

- Usage Charged at Monthly Rate:

Service usage is calculated based on the Monthly Subscription Rate for all months the user had access to the service, regardless of the discounted Annual Subscription rate.

- Feature Usage Charged at Monthly Rate:

If feature usage (e.g., lead searches) exceeds the prorated monthly allotment, it will be rounded up to the next full month and billed at the Monthly Subscription Rate.

- For example:

- If the annual plan includes 12,000 credits (1,000 per month) and the user cancels after 2 months but has used 4,600 credits, usage will be calculated as 5 months of service (4,400 credits ÷ 1,000 = 4.4, rounded up to 5).

- Refund Amount Determination:

-The refund amount is calculated as the difference between:

-The total amount paid for the Annual Subscription.

- The higher of the two usage costs: time-based usage or feature-based usage, billed at the Monthly Subscription Rate.

- If applicable, a $199 cancellation fee will be deducted from the calculated refund amount.

-The refund amount is then capped at four (4) months of the Annual Subscription fee, as defined in Section 7.2.

- No Refund Above Initial Payment:

If the calculated refund exceeds the initial payment made for the Annual Subscription or the maximum refund cap, no additional refund will be issued.

- Cancellation Fee Applicability:

The $199 cancellation fee applies only if the Annual Subscription is canceled before the end of its term.

7.4. Refund Eligibility:

To be eligible for a refund, users or clients must:

- Notify Prodigi System of their intent to cancel the Annual Subscription in writing within the prescribed cancellation period.

- Ensure that all usage of the software and services ceases immediately upon cancellation.

- Provide any additional information or documentation as may be required by Prodigi System to process the refund.

7.5. Exceptions

No refunds will be issued for any period of the Annual Subscription where the software or services have been used in violation of these Terms of Service or any other applicable policies. Prodigi System reserves the right to refuse a refund request if evidence of misuse or unauthorized use of the software and services is discovered.

7.6. Modification of Refund Policy:

Prodigi System reserves the right to modify this Cancellation and Refund Policy for Annual Subscriptions at any time. Such modifications will be effective immediately upon posting the modified policy within these Terms of Service. It is the user's or client's responsibility to review these Terms of Service periodically to be aware of any changes.By subscribing to an Annual Subscription, the user or client acknowledges and agrees to these terms, including the calculation method for refunds upon cancellation.

8. Accounts

When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account on our Service.

You are responsible for safeguarding your password to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities related to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes any person's copyright or other intellectual property infringement ("Infringement").

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" via our support channel and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

10. Copyright Infringement Notice

In order to lodge a complaint with us, please contact us using our published support channels with the following information:

o Your name and address;

o Details of the alleged breach of copyright; and

o URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

11. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Magma Management Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Magma Management Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

12. Links To Other Web Sites

Our Service may contain links to third-party websites or services not owned or controlled by Magma Management Pty Ltd.

Magma Management Pty Ltd has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. You further acknowledge and agree that Magma Management Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you must notify us by email at [email protected], clearly communicating your desire to cancel the subscription and providing a reason for the cancellation.

To cancel ongoing subscriptions, please send an email to [email protected] with the necessary details. Failure to follow this process may result in delays or issues with processing your cancellation request.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other actions taken by us in connection in addition to that.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records.

Upon termination of your account, any referred customers will have payment re-directed to the parent company (Magma Management), not the reseller. If any client has been brought on board directly (not through the payment system), as in - they have received free access through a reseller coupon or other method, that client account will be canceled in the event of the Agency Partner cancellation.

14. Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. You acknowledge that Magma Management and its agents are not liable for technology failures that may cause damage to you or your business.

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

15. Resellers

As an authorized reseller of our software, you must abide by the following rules, not limited to but including:

- You must not at any time advertise the products or any of our software for ANYTHING less than recommended retail pricing.

- You must not promise performance other than those specifically created by Prodigy System, Magma Management Pty Ltd, or its associated brands.

- You must immediately refund any monies paid to you by third parties for using the software applications or services if that third party has paid you directly and requests a refund.

- You must keep private any and all discount coupons or reduced pricing offers.

16. Free Trial

Prodigi System may, at its sole discretion, might offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Prodigi System until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Prodigi System reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

17. Limitation Of Liability

You agree that we shall not be liable for any damages from using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantages). However, it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth), including, but not limited to, any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays, or lost profits resulting from the use of the Service.

This limitation applies to all claims, whether arising in contract, tort (including negligence), strict liability, or any other legal theory.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

18. AI Features Disclaimer

Use of AI Features:

The Service may include features powered by artificial intelligence ("AI"), including but not limited to AI agents, AI employees, AI conversation features, AI review features, and any other AI-powered features or services offered through Prodigi CRM, Prodigi LeadGen, and the entire Prodigi System (collectively, "AI Features"). By using these AI Features, you acknowledge and agree to the following:

- Accuracy and Reliability

AI Features are designed to provide assistance and automation based on pre-programmed algorithms and machine learning processes. However, neither Magma Management PTY LTD nor Prodigi System guarantees the accuracy, reliability, or completeness of any outputs or responses generated by the AI Features.

- No Liability for Errors

You acknowledge that AI Features may produce errors, inaccuracies, inappropriate responses, or unintended outputs. Neither Magma Management PTY LTD nor Prodigi System shall be held responsible for any consequences, damages, or losses, whether direct or indirect, arising from the use of or reliance on AI-generated outputs.

- Responsibility for Verification

It is your sole responsibility to review, verify, and ensure the accuracy and appropriateness of any AI-generated content or actions before relying on or implementing them in your operations.

- Indemnification

You agree to indemnify and hold harmless Magma Management PTY LTD, Prodigi System, and their affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, or expenses arising out of or related to the use of AI Features, including but not limited to legal fees incurred in defense of such claims.

- Limitations of Use

The AI Features are provided "AS IS" and are intended solely to assist with specific functions as described in the Service documentation. Any use of these features beyond their intended purpose is done at your own risk, and neither Magma Management PTY LTD nor Prodigi System assumes liability for any consequences resulting from misuse or misinterpretation of AI-generated content.

- No Warranty

Magma Management PTY LTD and Prodigi System disclaim all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the AI Features.

19. Force Majeure

Magma Management PTY LTD shall not be held liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, internet outages, cyberattacks, or other events beyond its reasonable control ("Force Majeure Events"). In the event of a Force Majeure Event, the company’s obligations will be deemed suspended for the duration of the event, and any required performance deadlines will be extended accordingly.

20. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Magma Management Pty Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained in the Service for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.

21. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

23. Changes to Terms

At our sole discretion, we reserve the right to modify or replace these Terms at any time. Changes will become effective immediately upon posting the updated Terms on the Service.

It is your sole responsibility to review these Terms periodically for any changes. We do not provide individual notifications of updates or modifications.

By continuing to access or use the Service after the updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree with any changes, you must discontinue using the Service immediately.

Contact Us

If you have any questions about these Terms, please contact us via our support email address or support desk listed below.

Support Email: [email protected]

Support Desk: https://support.prodigisystem.com

Last Updated: November 30, 2024.