Effective date: July 20, 2026 · Version 1.0
These Terms of Service (the "Terms") govern your access to and use of HercuList MagicBox and the MagicLinks page builder, the Swaps feature, and related tools, websites, and services (collectively, the "Service"), including pages published to the themagicbox.ai domain. The Service is operated by HercuList ("Company," "we," "us," or "our") as part of, and in connection with, the HercuList platform.
By creating an account, accessing MagicBox, or publishing any page through the Service, you agree to be bound by these Terms, our Acceptable Use Policy, our Privacy Policy, and our Earnings Disclaimer, each of which is incorporated by reference. If you do not agree, do not use the Service.
You must be at least 18 years old and capable of forming a binding contract to use the Service.
Access to MagicBox requires a valid HercuList membership. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. HercuList usernames are case-sensitive; you are responsible for using your exact username.
You agree to provide accurate information and to keep it current. We may suspend or terminate accounts that contain false information, are used to violate these Terms, or are associated with abuse.
MagicBox is an AI-assisted builder that helps Members create promotional pages and assets. Some features generate content using artificial intelligence based on prompts you provide. AI output may be inaccurate, incomplete, or unsuitable; you are responsible for reviewing, editing, and approving all Content before you publish or rely on it.
Published Pages are served as static files on themagicbox.ai. Feature availability, generation quotas, hosted-page allowances, and other limits depend on your Plan and may change. We may add, modify, suspend, or discontinue features at any time.
As between you and the Company, you retain ownership of the Content you create, subject to the rights of any third parties. You are solely responsible for your Content and for ensuring you have all rights necessary to use and publish it, including any images, trademarks, logos, or text you provide.
You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your Content solely as necessary to operate, provide, promote, and improve the Service, including publishing your Pages on themagicbox.ai and delivering their functionality.
You represent and warrant that your Content does not infringe any third party's intellectual-property, privacy, or other rights and does not violate any law or our Acceptable Use Policy.
Your use of the Service is subject to our Acceptable Use Policy. Among other things, you may not publish unlawful, deceptive, infringing, or harmful Content, or use the Service to send spam or to phish, defraud, or mislead. We may remove Content and suspend or terminate accounts that violate the Acceptable Use Policy, and we may take down any Page at our discretion, including immediately and without notice where we believe removal is warranted.
Capture Pages allow Members to collect contact information (such as email addresses) from visitors ("Leads"). Where you use the Service to collect Leads, you are the party responsible (the data controller) for those Leads. You must: obtain any legally required consent; present accurate offers and disclosures; comply with all applicable laws (including, where relevant, the CAN-SPAM Act, TCPA, GDPR, and similar laws); maintain your own privacy notice; and honor opt-out and deletion requests.
We provide lead-capture functionality on your behalf as a processor and make collected Leads available to you. We are not responsible for how you use Leads. You will indemnify us for claims arising from your collection or use of Leads.
Swaps let Members agree to display one another's buttons or links for a limited period. Participation is voluntary. We do not guarantee any level of traffic, clicks, conversions, or results from Swaps, and we are not a party to any arrangement between Members. Ratings and reputation features are provided to promote accountability; you agree not to manipulate, game, or falsify ratings. We may pause, limit, or remove Swaps functionality, and may moderate proposals, at our discretion.
Certain Pages display a "Made with MagicBox" badge and referral links. If a person signs up through your Page or referral link, you may be credited as their referrer. Commission eligibility and rates depend on your Plan and are payable only while you hold an active paid MagicBox Plan, as further described at the point of sale and in program materials, which may change.
Participation in the referral program is not a guarantee of income. Earnings depend on many factors outside our control. See the Earnings Disclaimer.
Paid Plans are offered on a monthly or annual basis at the prices displayed at purchase. By subscribing, you authorize us and our payment processor to charge your payment method the applicable fee, plus any taxes, on a recurring basis until you cancel.
Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. Payment processing is handled by our third-party processor (currently Authorize.net); we do not store your full card details.
You may cancel at any time through the Service. Cancellation stops future renewals. Unless required by law or expressly stated otherwise, fees already paid are non-refundable, and you retain paid features until the end of the current billing period.
We may change prices or Plan features on a prospective basis. We will provide notice as required by law, and changes take effect on your next renewal.
Plans described as "unlimited" are unlimited for normal individual use by a single Member. They are not a licence to place unrestricted automated load on the Service. Specifically, you may not access the generation features by any script, bot, headless browser, scheduler, or other automated means; share one account with other people or operate it on behalf of third parties; resell generation capacity; or generate assets in bulk other than for your own promotional use.
We apply per-minute and per-hour rate limits to all accounts, including unlimited ones, to keep the Service responsive for everyone. Where usage on an account substantially exceeds what a person could plausibly produce by hand, we may automatically reduce that account's rate for a period, and we may contact you, require you to move to a plan that fits your usage, suspend generation, or terminate the account under Section 17. Where the cause appears to be an honest misunderstanding rather than deliberate circumvention, we will ordinarily contact you before taking any lasting action.
Nothing in this section limits your rights under applicable consumer law, and we will not apply it to penalise ordinary enthusiastic use of the Service.
Each Plan includes a hosted-page allowance by page type. If you exceed your allowance—including after canceling or downgrading—Pages beyond the allowance may stop being hosted. When this happens, the affected URL may display a placeholder page rather than your content, and affected Pages may become read-only (viewable but not editable and unable to use AI tools) until you upgrade or bring your usage within your allowance. We will not silently delete your saved work due to a downgrade; however, Content removed for policy or legal reasons may be deleted outright.
The Service, including its software, design, the "Jack" assistant, MagicBox and HercuList names and logos, and all related intellectual property, is owned by the Company or its licensors and is protected by law. Except for the rights expressly granted to you, we reserve all rights. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service without our written permission.
The Service integrates third-party services (for example, image and video search, payment processing, and the HercuList platform). Your use of those services may be subject to their terms and privacy practices. We are not responsible for third-party services and provide no warranty regarding them.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR SUITABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, LEADS, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your Content, your use of the Service, your collection or use of Leads, your participation in Swaps or the referral program, or your violation of these Terms or any law or third-party right.
We may suspend or terminate your access to the Service, and remove or take down any Page, at any time, with or without notice, if we believe you have violated these Terms or the Acceptable Use Policy, or to protect the Service, other Members, or third parties. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive.
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law or by posting the updated Terms with a new effective date. Your continued use of the Service after changes take effect constitutes acceptance.
These Terms are governed by the laws of the State of Iowa, United States, without regard to conflict-of-laws rules. You and the Company agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Iowa, and you consent to the personal jurisdiction of those courts.
These Terms, together with the policies incorporated by reference, are the entire agreement between you and the Company regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms may be sent to herculist@herculist.com or HercuList.
© 2026 HercuList. All rights reserved. Questions: herculist@herculist.com.