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Premagic Terms and Conditions for Attendees and End Users

Welcome to Premagic! This website/application is owned by Wellbeing Studios Private Limited and its affiliates (herein after referred to as “Premagic”)

 

These Terms and Conditions ("Agreement") govern your use of our website www.premagic.com/application/platform (hereinafter referred as “Platform”) and the services offered therein. By clicking "I Accept," "Agree," or any similar button indicating consent, you acknowledge that you have read, understood, and agreed to be legally bound by this Agreement, along with our Privacy Policy, Cookie Policy, and any other applicable policies, which are incorporated herein by reference.

If you do not agree to these Terms, you must not access or use our services. Your continued access to the platform or use of the services constitutes your explicit consent to be bound by the terms and conditions of this Agreement.

By using our services, you agree to the following terms and conditions, which govern your interaction with our platform. Please read them carefully.

1. Services Offered to End Users

Premagic provides attendees with the following services:

  • Access to photos taken during an event (social or corporate).
  • The ability to take a selfie through our platform and receive processed photos.
  • A registration option to provide your name, email, and phone number, enabling us to notify you when we find your event photos or create any personalized content for you.
  • The ability to create personalized posters using the Premagic Poster creation feature, where details (such as your name and professional information) are pulled from publicly available LinkedIn data, subject to your authorization.
  • AI-generated avatars are designed for fun and entertainment purposes.
  • Networking with other attendees: If you opt in to network and the event organizer has enabled this feature, your contact information and profile photo may be shared with other attendees you’ve met in person, as detected through event photos. This only happens if you've opted in and there’s clear photo evidence of the interaction.
  • Face ID or QR code-based check-in: If the event organizer uses Premagic’s check-in tools, your facial data (via selfie) and/or QR code may be used to facilitate seamless entry to the event or specific zones. This data may also be used by organizers to track your attendance or engagement during the event.

2. Group or Representative Consent.

For certain events, the event organizer may act as the legal representative or guardian of attendees, such as schools organizing student events, youth sports clubs, or corporate events involving employees.

In such cases, Premagic relies on the organizer to obtain all necessary consents, including parental or guardian consent when minors are involved. By participating in these events, attendees acknowledge that their personal data, including photos, may be collected and processed under the consent provided by the event organizer on their behalf.

It is the responsibility of the event organizer to ensure that all applicable legal requirements regarding consent and data protection are met, including obtaining consent from parents or legal guardians for attendees under the applicable age of consent.

Premagic uses the data provided by the organizer strictly in accordance with the agreed purposes and applicable privacy laws.

3. Data Collection and Usage

  • We collect and use your personal data exclusively to deliver the services described, including but not limited to identifying and organizing your photos from events, creating personalized albums, collages or short videos and notifying you about the same. Your data will not be used for any other purposes unless explicitly agreed to by you.
  • We employ industry-standard security measures, including encryption both during transmission and storage, to protect your personal data from unauthorized access, alteration, or loss.

We use facial recognition technology to identify you in photos from events, utilizing the selfie you upload during the login process. This technology is solely used for the purpose of creating your personalized photo album. By logging into our services, you consent to the use of facial recognition for these purposes.

4. Photo Ownership and Responsibility

  • All photos available on Premagic are owned and uploaded by the event organizer or photographer.
  • Premagic serves as a medium, similar to a drive, offering smart storage and access functionality.
  • We do not influence the quality, content, or nature of the photos captured; this is entirely at the discretion of the photographer or organizer.
  • We make no representations or warranties regarding the accuracy, legality, or suitability of any photos uploaded by event organizers or photographers. By using our services, you acknowledge and agree that we are not responsible for any claims or disputes related to the content of these photos.
  • We do not assume any liability for any errors, omissions, or inaccuracies in the photos, nor are we liable for any unauthorized use of photos by third parties. The responsibility for obtaining any necessary permissions or releases for the photos lies solely with the event organizer or photographer.
  • In the event that you believe a photo violates your rights or is otherwise inappropriate, you agree to notify the event organizer or photographer directly. We will assist in facilitating communication but are not responsible for resolving any disputes regarding the content of the photos.

5. Photo Availability and Selection

  • Not all photos taken at an event may be uploaded to Premagic. The photographer or organizer determines which photos are retained and which are discarded based on their guidelines or selection criteria.
  • We do not guarantee that all photos taken at an event will be available on our platform. The availability and selection of photos are at the sole discretion of the photographer or event organizer.
  • If you have concerns or requests regarding specific photos (e.g., removal), you must directly contact the event organizer or photographer. We are not responsible for handling or processing such requests.

6. Premagic Poster Creation

  • If you use the Premagic Poster creation feature, certain details (such as your name and professional information) are pulled from publicly available LinkedIn data, subject to your prior authorization.
  • By using this feature, you acknowledge that you have granted permission for us to access the relevant information from your LinkedIn profile.
  • Once the data is retrieved, it will be used exclusively for the creation of your poster within our platform and will not be shared with any third parties without your explicit consent.
  • We are not responsible for the accuracy, completeness, or relevance of the data retrieved from LinkedIn, as it is publicly available information that is subject to LinkedIn's own privacy policies

7. AI Avatar Creation

  • AI-generated avatars created on Premagic are designed for fun and entertainment purposes only. They should not be interpreted as accurate representations or used in formal contexts.
  • By using the AI avatar creation feature, you acknowledge that you understand these avatars are fictional and not meant to represent you in a realistic or official manner.
  • Premagic is not responsible for any misunderstandings or misuse of AI-generated avatars in any professional or public context. Any use of these avatars outside of the platform is solely at your own discretion and risk.

8. Networking Feature

Premagic may offer a networking feature that allows attendees to connect with one another during or after the event, subject to the event organizer enabling this feature.

  • If you choose to opt in for networking, you consent to Premagic sharing your contact information (such as name, email, phone number, LinkedIn prfile and profile photo) with other attendees who have also opted in for the same feature.
  • Additionally, if our system identifies - through event photographs - that you have physically met another attendee (i.e., appeared in the same photo with them), and both parties have opted in for networking, we may automatically facilitate the connection by sharing your contact details with them.
  • This feature is available only if enabled by the event organizer, and participation is entirely voluntary. You may opt out of networking at any time through your account settings or by notifying us.

9. Face and QR Code Check-in

If the event organizer has opted to use Premagic for attendee check-in and access control, we may facilitate Face ID-based check-in and/or QR code-based check-in at the event venue.

  • In such cases, we will collect and process your facial data (through the selfie you provide) and/or your unique QR code to verify your identity at entry points.
  • This data may also be used by the organizer to enable zone-based access within the event (e.g., VIP areas, sessions, booths), and to monitor attendance or engagement levels across the venue.
  • All such data is collected solely for operational purposes related to the event experience and is never shared with third parties outside of the organizing entity or used for unrelated purposes.

By participating in an event that uses Premagic's check-in services, and by completing the check-in process, you consent to this use of your data for the duration and scope of the event only.

We apply strict security controls to ensure this information is protected and used responsibly in coordination with the event organizer.

10. Disclaimer of Liability

  • Premagic is not liable for:
  • Delays or unavailability of photos: We make no guarantees regarding the timeliness or availability of photos, as the uploading and selection of photos are managed by the event organizer or photographer.
  • Misuse of photos by third parties: We are not responsible for any unauthorized use, reproduction, or distribution of photos by third parties, including those outside of the Premagic platform.
  • Technical errors or interruptions in the platform’s functionality: Premagic is not liable for any technical errors, service interruptions, or issues related to the platform’s functionality, including but not limited to server downtime, connectivity issues, or software malfunctions.
  • Premagic provides services "as is" without any guarantees of quality, accuracy, or availability of photos. By using our services, you acknowledge that we cannot ensure the permanent availability or accuracy of all photos and data.

11. User Responsibilities

  • Users must provide accurate and up-to-date information when registering or using our services. Failure to provide accurate information may impact your ability to access certain features of our platform.
  • Users are responsible for ensuring any authorizations (e.g., LinkedIn data access) comply with their rights and permissions. By granting access to external data sources, you confirm that you have the necessary rights and consent to share such information with us.
  • Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. You agree to notify us immediately if you suspect any unauthorized access to your account.
  • Users agree to indemnify and hold Premagic harmless from any claims, damages, or losses resulting from the misuse of our services, including any breach of these responsibilities, unauthorized access, or infringement of third-party rights.

12. Governing Law and Disputes

  • These terms shall be governed by and construed under the laws of India.
  • Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Ernakulam, Kerala, India

13. Compliance with Data Protection Laws

Premagic is committed to handling your data responsibly and in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR). You have the right to access, correct, or delete your personal data at any time.

14. Data Retention Policy

  • Personal data and photos will be retained upto a period of one year from the event date and unless you choose to continue using the platform by making the required payment, Premagic does not guarantee the storage of your content or photos. Notwithstanding anything contained above, all content may be deleted or removed at any time without any notice at Premagic’s sole discretion.
  • After the retention period, all personal data and photos will be securely deleted from our systems unless there is a valid reason to retain them for a longer period, such as ongoing legal obligations or active user requests.

15. Right to Amend Terms

  • Premagic reserves the right to amend these terms at any time. Users will be notified of significant changes and are encouraged to review updated terms regularly.
  • Users are encouraged to regularly review the terms and conditions to stay informed of any amendments. Continued use of our services after any amendments to these terms constitutes your acceptance of the updated terms.

16. Prohibited Activities

  • Users are prohibited from:
  • Uploading inappropriate or offensive content.
  • Attempting unauthorized access to the platform or data scraping.
  • Misusing the platform’s services in any manner that violates these terms.
  • Impersonation or Fraudulent Activity
  • Spamming and Solicitation
  • Violation of Third-Party Rights

17. Contact Information for Complaints or Queries

  • For any questions, concerns, or requests, you can contact us at:
  • Email: support@premagic.com
  • We aim to respond to all inquiries within 3 business days.

18. User Acknowledgment

By using Premagic, you acknowledge and agree to the following:

  • You understand the limitations regarding photo quality, availability, and selection as outlined above.
  • You consent to the storage and handling of your personal data as per these terms.
  • Any disputes or queries about photos must be addressed with the event organizer or photographer, not Premagic.
  • Compliance with Terms: By using our services, you agree to comply with all the terms outlined in this agreement, including respecting the rights of others and refraining from prohibited activities

Thank you for choosing Premagic to enhance your event experience! If you have any further questions or concerns, please reach out to us directly.