Terms of Service

These Terms of Service govern access to and use of the website magic-clusters.com and the purchase of products and services offered by Magic Clusters.

1 · Provider identification

2 · Subject

Magic Clusters sells technical indicators (add-on software modules) for the ATAS platform on a subscription basis. Activation is linked to an ATAS user account.

3 · Products and pricing

Catalog and current prices on magic-clusters.com. All prices are in EUR and include applicable taxes via Stripe Tax (EEA, UK, Switzerland). The price in force at order time applies.

4 · Free trial and ordering process

Each plan includes a 15-day Stripe-native free trial. The user enters payment details upfront; Stripe validates the card without charging. The first charge occurs on day 16 unless the subscription is cancelled earlier via the customer portal. During the trial the user has full product access.

5 · Renewal and cancellation

Subscriptions auto-renew at the end of each period (monthly or yearly). The user may cancel at any time from the Customer Portal. Cancellation stops the next renewal; access continues to the end of the paid period.

6 · Right of withdrawal and refunds

General right: under Directive (EU) 2011/83 and Spanish RDL 1/2007, consumers resident in the European Union are entitled to a 14-day withdrawal period without needing to justify their decision.

Digital-content exception: Article 103.m of RDL 1/2007 provides that the right of withdrawal does not apply once performance of the digital content has begun with the consumer's prior express consent and acknowledgement of the loss of the right. By starting the trial or making the first payment, the User gives such express consent.

Commercial safeguard — 15-day free trial: regardless of the above exception, Magic Clusters offers a 15-day free trial at the start of every subscription, during which the User may cancel at no cost from the Customer Portal. This safeguard is broader than the statutory 14-day period and operates as a guarantee mechanism. After the first charge (day 16), paid fees are non-refundable except for technical errors attributable to the provider or any mandatory consumer right under the law of the User's country of residence.

7 · License to use

Magic Clusters grants the User a personal, non-exclusive, non-transferable and revocable license to use the indicators tied to their ATAS account during the active subscription period. Redistribution, reverse engineering, decompilation or resale are prohibited.

8 · User obligations

The User undertakes to use the products in compliance with applicable law, not share credentials, not abuse the service and keep billing data up to date.

9 · Service availability

Magic Clusters makes reasonable efforts to keep the service operational. Uninterrupted availability is not guaranteed; outages may occur due to maintenance, ATAS updates or force majeure.

10 · Liability disclaimer — Financial risk

11 · Limitation of technical liability

Magic Clusters’ total liability to the User, on any ground, is capped at the amount actually paid by the User during the 12 months preceding the event giving rise to the claim. We are not liable for indirect damages, lost profits or trading losses.

Mandatory carve-out: nothing in these terms excludes or limits liability for wilful misconduct, gross negligence, personal injury caused by fault, or any other liability that cannot be excluded or limited under applicable law, in particular the mandatory consumer rights granted by EU law and by the law of the User’s country of residence.

12 · Modification of Terms

Magic Clusters may modify these Terms. Changes are published on this page with the updated date. Material changes will be notified to subscribers by email with reasonable notice.

13 · Data protection

Personal data processing is governed by the Privacy Policy.

14 · Cookies

Cookie usage details in the Cookies Policy.

15 · Dispute resolution and applicable law

These Terms are governed by Spanish law. In the event of a dispute, the parties shall submit to the courts having jurisdiction under the applicable law. For consumers, the courts of the consumer’s place of residence shall have jurisdiction; this clause does not affect any mandatory rights granted to the consumer by the law of their country of residence.

EU online dispute resolution platform: ec.europa.eu/consumers/odr.

16 · Contract language

The language governing these Terms and the contract entered into with the User is Spanish. Versions in other languages are provided solely to facilitate understanding and do not constitute contractual documents. In case of discrepancy between versions, the Spanish version prevails, without prejudice to the User's mandatory consumer rights in their country of residence.

17 · Contact

Any questions about these Terms: info@magic-clusters.com.