Last updated: 24 April 2026 Effective date: 24 April 2026

1. Agreement

These Terms of Service ("Terms") form a binding agreement between TechMagic, a company registered in the United Kingdom, with its registered office at 41 Devonshire Street, Ground Floor, W1G 7AJ, United Kingdom ("MagicScreen", "we", "us"), and the entity identified on the Order Form or sign-up flow ("Customer", "you").

MagicScreen is a product of TechMagic. These Terms govern the MagicScreen product specifically and are separate from the website terms published at https://www.techmagic.co/terms-of-service, which cover browsing of the TechMagic corporate website.

By signing an Order Form, clicking "I accept", or using the Service, you accept these Terms. If you accept on behalf of an entity, you warrant that you have authority to bind that entity.

These Terms incorporate by reference:

• the Privacy Policy;

• the Data Processing Agreement;

• the AI Transparency Statement;

• the applicable Order Form.

In the event of conflict, the order of precedence is: Order Form → DPA → these Terms → other policies.

2. Definitions

• "Service" means the MagicScreen platform, including the website, web application, APIs, and associated documentation.

• "Customer Data" means data submitted to the Service by or on behalf of the Customer, including candidate data.

• "Candidate" means an individual whose data is processed through the Service as part of a screening workflow run by the Customer.

• "Subscription Term" means the period specified in the Order Form.

• "Users" means Customer's employees or contractors authorised to access the Service.

3. The Service

3.1 What we provide

Subject to these Terms and payment of Fees, we grant Customer a non-exclusive, non-transferable, non-sublicensable right for its Users to access and use the Service during the Subscription Term for Customer's internal business purposes.

3.2 AI-assisted screening

The Service uses artificial intelligence (including large language models) to assist with candidate screening. AI outputs are decision-support tools, not decisions. Customer is solely responsible for:

• any hiring decision made using the Service;

• human review of AI outputs before acting on them;

• compliance with equality, employment, and data protection law applicable to its hiring processes.

See our AI Transparency Statement for details on how our AI works, its limitations, and the safeguards we provide.

3.3 Service levels and support

Standard support is available by email during UK business hours. Uptime, response-time SLAs, and any enhanced support tiers are as set out in the Order Form or published service-level policy.

3.4 Modifications

We may update or modify the Service at any time, provided that we do not materially reduce its core functionality during a paid Subscription Term.

4. Customer responsibilities

4.1 Account security

Customer is responsible for all activity under its account, including safeguarding Users' credentials and promptly revoking access when a User leaves.

4.2 Customer Data

Customer warrants that:

• it has all necessary rights, consents, and lawful bases to submit Customer Data (including candidate data) to the Service;

• it has provided candidates with appropriate privacy notices and, where required, obtained consent for automated processing;

• Customer Data does not infringe any third-party rights, is not unlawful, and does not contain malware;

• Customer will not submit sensitive personal data beyond what is reasonably necessary for screening (see Section 4.4 for restrictions).

4.3 Acceptable use

Customer must not, and must not permit any User or third party to:

• use the Service to make automated decisions that produce legal or similarly significant effects on candidates without appropriate human oversight and safeguards under GDPR Article 22;

• use the Service in a way that discriminates unlawfully against any protected group;

• reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law;

• use the Service to train a competing AI model;

• resell, sublicense, or provide the Service to third parties outside the scope granted;

• attempt to gain unauthorised access to the Service, interfere with its operation, or bypass rate limits;

• upload malware, conduct security testing without written consent, or perform denial-of-service activities;

• use the Service to process data in breach of applicable law (including UK GDPR, EU GDPR, UK Equality Act 2010, or the EU AI Act).

4.4 Prohibited data

Customer must not use the Service to process:

• special category personal data (Art. 9 GDPR: health, race, religion, sexual orientation, trade union membership, biometric data for identification, political views, genetic data) beyond what is expressly supported and configured;

• criminal offence data (Art. 10 GDPR) beyond what is expressly supported;

• data of children under 16;

• payment card numbers, government IDs, or other data not required for screening.

5. Fees and payment

5.1 Fees

Customer will pay the fees specified on the Order Form ("Fees"). Unless otherwise stated, Fees are:

• in GBP (or such other currency as specified on the Order Form);

• exclusive of VAT and any other applicable taxes;

• non-refundable except as expressly stated in these Terms.

5.2 Billing

Subscription Fees are billed monthly or annually in advance, per the Order Form. Usage-based overage fees are billed in arrears.

5.3 Late payment

If payment is not received by the due date, we may charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend the Service on 14 days' written notice.

5.4 Taxes

Customer is responsible for all applicable taxes, duties, and levies, other than taxes on our income.

5.5 Price changes

We may adjust Fees on renewal with at least 60 days' notice before the renewal date.

6. Subscription term, renewal, and termination

6.1 Term

The Service is provided for the Subscription Term set out in the Order Form, renewing automatically for successive periods of equal length unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.

6.2 Termination for cause

Either party may terminate these Terms immediately on written notice if the other party:

• materially breaches these Terms and fails to cure the breach within 30 days of written notice; or

• becomes insolvent, enters administration, or ceases to trade.

6.3 Effect of termination

On termination:

• Customer's right to use the Service ends immediately;

• we will make Customer Data available for export for 30 days, after which it will be deleted per the DPA;

• accrued payment obligations survive termination;

• Sections 4, 7, 8, 9, 10, 11, 12, 13, 14, and 15 survive.

7. Intellectual property

7.1 Our IP

We and our licensors own all right, title, and interest in the Service, including all software, algorithms, models, documentation, and trademarks. No rights are granted except as expressly set out in these Terms.

7.2 Customer IP

Customer retains all rights in Customer Data. Customer grants us a limited, non-exclusive, worldwide licence to host, process, and display Customer Data solely as necessary to provide the Service.

7.3 Feedback

If Customer provides feedback about the Service, we may use it without restriction or compensation.

7.4 No training on Customer Data

We do not use Customer Data to train our AI models. Details are in Section 5 of the AI Transparency Statement and Section 6 of the DPA.

8. Confidentiality

Each party will protect the other's Confidential Information with the same degree of care it uses for its own (but no less than reasonable care) and will use it only for purposes of these Terms. This obligation survives termination for 5 years.

9. Warranties and disclaimers

9.1 Mutual warranties

Each party warrants that it has the authority to enter these Terms.

9.2 Our warranty

We warrant that the Service will perform materially in accordance with its documentation during the Subscription Term. Customer's sole remedy for breach is, at our option, to (a) correct the defect, or (b) terminate the affected Subscription Term and refund any prepaid unused Fees.

9.3 Disclaimer

Except as expressly stated, the Service is provided "as is" and we disclaim, to the maximum extent permitted by law, all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI outputs.

AI outputs are probabilistic. We do not warrant that AI-generated scores, summaries, or recommendations will be free from error or bias. Customer is responsible for human review before acting on AI outputs.

10. Liability

10.1 Cap

To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to these Terms, whether in contract, tort (including negligence), or otherwise, is capped at the Fees paid or payable by Customer in the 12 months preceding the event giving rise to the claim.

10.2 Excluded losses

Neither party is liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity.

10.3 Carve-outs

Nothing in these Terms limits either party's liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• either party's indemnification obligations;

• Customer's payment obligations;

• either party's breach of confidentiality; or

• any other liability that cannot be limited by law.

10.4 Data protection

Liability arising under the DPA is subject to the caps in the DPA; where the DPA is silent, this Section 10 applies.

11. Indemnification

11.1 By us

We will defend Customer against any claim that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property rights, and pay any damages finally awarded, subject to Customer promptly notifying us, granting us control of the defence, and cooperating.

11.2 By Customer

Customer will defend us against any claim arising from (a) Customer Data, (b) Customer's breach of Section 4, or (c) any hiring or other decision made using the Service.

12. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, labour disputes, or internet/utility outages.

13. General

13.1 Assignment

Neither party may assign these Terms without the other's written consent, except that either party may assign to an affiliate or successor in a merger, acquisition, or sale of assets.

13.2 No waiver

Failure to enforce a provision is not a waiver.

13.3 Severability

If any provision is held unenforceable, the remainder remains in effect.

13.4 Notices

Notices must be in writing and sent to the addresses on the Order Form or to hello@techmagic.co for us (with a copy by post to TechMagic, 41 Devonshire Street, Ground Floor, W1G 7AJ, United Kingdom). Email is acceptable except for notices of termination, which must also be sent by post.

13.5 Entire agreement

These Terms, the Order Form, and incorporated policies are the entire agreement and supersede any prior agreements on the same subject matter.

13.6 No third-party beneficiaries

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

13.7 Changes to these Terms

We may update these Terms from time to time. Material changes will be notified at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance.

14. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property.

15. Contact

For questions about these Terms, contact hello@techmagic.co.