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Terms of Use

Last updated: 04/20/2026

 

These Terms of Use ("Terms") govern your access to and use of the MagicFurnish platform and services ("Services"), operated by DeLande Designs LLC ("MagicFurnish," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Services, you agree to be bound by them.

1. Acceptance of Terms

By accessing or using the MagicFurnish platform, you agree to comply with and be bound by these Terms. If you are using the Services on behalf of an organization or enterprise ("Enterprise User"), you represent that you have the authority to bind that organization to these Terms. If you disagree with any part of these Terms, you may not access or use the platform.

 

2. License to Use

2.1 MagicFurnish grants you a non-exclusive, non-transferable, revocable license to use the platform for personal or professional purposes, subject to these Terms. This license does not grant you ownership of any intellectual property rights in the platform or its content.

 

2.2 Enterprise partners who embed the MagicFurnish platform within their own products or platforms ("Partner Integrations") are granted a limited license to do so solely in accordance with the applicable integration documentation and any separately executed agreement. Unauthorized embedding, scraping, or replication of the platform interface or outputs is prohibited.

 

3. Liability Disclaimer

3.1 MagicFurnish and its partners are not liable for the accuracy, completeness, or reliability of floor plans or layouts provided through the platform. All layouts are for visualization and inspiration purposes only and should not be relied upon for ADA compliance, building or fire code adherence, structural integrity, or any other regulatory compliance.

 

3.2 Users acknowledge that floor plans, layouts, and any other content generated through the platform may contain inaccuracies, errors, or omissions. MagicFurnish and its partners disclaim any liability for damages resulting from reliance on such content. Users must independently verify all information before implementation.

 

3.3 MagicFurnish is not liable for any decisions made or actions taken based on the information or content provided through the platform. Users assume full responsibility for verifying the accuracy and suitability of layouts for their intended use.

 

3.4 MagicFurnish does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

4. Intellectual Property Rights

4.1 All content comprising the platform, including but not limited to text, images, software, furniture block libraries, placement algorithms, and generated layouts, remains the property of MagicFurnish and/or its licensors. Users may not copy, modify, distribute, reverse engineer, or create derivative works from the platform or its content without prior written permission.

 

4.2 Any content uploaded by users, including floor plans and layout data, grants MagicFurnish a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, process, and display such content solely in connection with operating and improving the Services. We do not claim ownership of your uploaded content.

 

4.3 Furnished layout outputs and gallery URLs generated by the platform may be used by users and enterprise partners for legitimate real estate marketing, listing, and promotional purposes. Any other commercial use of generated outputs requires prior written consent from MagicFurnish.

 

5. User Conduct

5.1 Users agree not to upload any content that infringes on the intellectual property rights of others, contains unlawful material, or violates the rights of third parties.

 

5.2 Users agree not to attempt to gain unauthorized access to any part of the platform, interfere with or disrupt the integrity or performance of the Services, or use automated means to access or scrape the platform without express written permission.

 

5.3 MagicFurnish reserves the right to remove any content that violates these Terms or is deemed inappropriate, harmful, or otherwise objectionable, and to suspend or terminate access for users who violate these Terms.

 

6. Consent and Information Sharing

6.1 Prior to uploading a floor plan, users must acknowledge the liability disclaimer in Section 3 and, where applicable, consent to contact information sharing with relevant partners.

 

6.2 Where a user provides contact information in connection with a Partner Integration, that information may be shared with the applicable partner to facilitate follow-up, lead generation, or service delivery. MagicFurnish and its partners may use this data only for purposes disclosed at the point of collection and consistent with our Privacy Policy.

 

7. Data Collection and Usage

7.1 MagicFurnish collects usage data for internal analytics and service improvement. Data collected may include floor plan uploads, interactions with layouts, and engagement metrics. Aggregated, anonymized data may be shared with partners to enhance their service offerings.

 

7.2 Data collected through Partner Integrations is processed in accordance with our Privacy Policy and, where applicable, the terms of any data processing agreement executed with the partner.

 

7.3 Users may request deletion of their personal data at any time by contacting peter@magicfurnish.com.

 

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, MagicFurnish and its partners, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the platform. This includes, but is not limited to, loss of profits, data, goodwill, or other intangible losses, even if MagicFurnish has been advised of the possibility of such damages.

 

8.2 In no event shall MagicFurnish's total aggregate liability to any user or enterprise partner for any claims arising out of or related to these Terms or the Services exceed the greater of (a) the amounts paid by such user or partner to MagicFurnish in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

 

9. Indemnification

You agree to indemnify, defend, and hold harmless MagicFurnish, DeLande Designs LLC, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights.

 

10. Termination

MagicFurnish reserves the right to terminate or suspend user access to the platform at its sole discretion, without prior notice, for violations of these Terms or any other reason deemed appropriate. Upon termination, your license to use the platform will immediately cease. Sections 3, 4, 8, 9, 11, and 13 shall survive termination.

 

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions. Any disputes arising from the use of MagicFurnish shall be subject to the exclusive jurisdiction of the state and federal courts located in Connecticut, except where arbitration applies as set forth in Section 12.

 

12. Dispute Resolution

12.1 Informal Resolution: In the event of a dispute arising from the use of the platform, users agree to first attempt to resolve the issue informally by contacting MagicFurnish at peter@magicfurnish.com. MagicFurnish will endeavor to respond within 30 days.

 

12.2 Arbitration: If a dispute cannot be resolved informally, it shall be settled through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable), with proceedings conducted in Connecticut. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

 

12.3 Class Action Waiver: To the extent permitted by law, you waive any right to bring or participate in a class action, class arbitration, or representative proceeding against MagicFurnish.

 

12.4 Enterprise Exception: Notwithstanding the above, enterprise partners operating under a separately executed agreement may be subject to different dispute resolution provisions as specified in that agreement.

 

13. Modifications to Terms

MagicFurnish reserves the right to modify these Terms at any time. We will provide reasonable notice of material changes via the platform or email where practicable. Continued use of the platform after modifications constitutes acceptance of the revised Terms.

 

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the enforceability of the remaining provisions.

 

15. Entire Agreement

These Terms, together with our Privacy Policy and any separately executed enterprise or integration agreements, constitute the entire agreement between you and MagicFurnish regarding the Services and supersede all prior agreements, understandings, or representations relating to the subject matter herein.

 

16. Contact Information

For any questions regarding these Terms, please contact us at:

 

Email: peter@magicfurnish.com

Mail: MagicFurnish / DeLande Designs LLC — 35 Harbor Road, Westport CT, 06880

 

MagicFurnish / DeLande Designs LLC  |  peter@magicfurnish.com

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