Imagicle Legal Terms
Imagicle Legal Terms
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Trial and Evaluation Agreement

Please read these terms carefully before activating or using any Imagicle Trial. 

This Agreement is between the Customer (“Customer”) and Imagicle spa (“Imagicle”).

If this Agreement is being accepted by an individual on behalf of a legal entity, that individual represents and warrants that:

  • they have full legal authority to bind the Customer to this Agreement;

  • they have read and understood this Agreement; and

  • they agree to this Agreement on behalf of the Customer.


By activating or accessing a Trial, or clicking “Accept” in a self-service flow, Customer accepts and agrees to these terms together with the Imagicle Terms and Conditions of Sale (“T&C”) published at https://www.imagicle.com/legal-terms , incorporated herein by reference.

This Agreement is a Service Agreement under the T&C and governs the provision of temporary, non-commercial access to Imagicle products and services for evaluation purposes (“Trial”).

In the event of any conflict, the following order of precedence applies:
(1) this Agreement; (2) T&C; (3) applicable Service Agreement.
For matters related to personal data processing, the Imagicle Data Processing Agreement (“DPA”) at https://www.imagicle.com/legal-terms/data-processing-agreement shall apply, where applicable.


1. Trial Scope and Activation

Imagicle grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the specific Imagicle product(s) or service(s) identified in the Trial activation (“Trial Offering”) solely for internal evaluation purposes during the Trial Period.

 

1.1 Trial Environment

Trials are provisioned in one of the following environments, as specified at activation:

  • “Sandbox / Demo”: isolated environment with synthetic data, no connection to Customer’s production systems. Recommended for initial evaluation.

  • “Production”: Customer’s live environment. Available only where explicitly agreed in writing. Customer assumes full responsibility for data integrity and any impact on production operations.

 

1.2 Activation Modes

Trials may be activated through any of the following channels:

  • Direct — provisioned by Imagicle upon a signed Trial Order or written confirmation;

  • Self-service — activated by Customer directly through the Imagicle portal or product interface, by accepting these terms at the time of activation;

  • Partner-assisted — provisioned by an authorized Imagicle partner on behalf of Customer. The partner accepts these terms on Customer’s behalf and remains responsible for ensuring Customer’s compliance.

 

2. Trial Period

The Trial Period begins on the activation date and lasts for the duration specified at activation (“Trial Period”), which is typically 30, 60, or 90 days. The Trial Period may not be extended except with Imagicle’s prior written consent.

 

At the end of the Trial Period, access to the Trial Offering will be automatically suspended unless Customer has converted to a paid subscription prior to expiration. Imagicle reserves the right to terminate a Trial at any time, with or without cause, upon written notice.

 

3. Support During Trial

During the Trial Period, Imagicle provides the following support on a reasonable-efforts basis:

  • Direct and partner-assisted trials: limited onboarding assistance and access to Imagicle product documentation and knowledge base;

  • Self-service trials: access to Imagicle’s online documentation, community resources, and self-service support portal only.

 

Trial support does not include any service level commitments, guaranteed response times, or obligations applicable to paid subscriptions under the Imagicle Maintenance and Support Services Agreement.

 

4. Limitations

Customer agrees that during the Trial Period:

  • the Trial Offering is provided “as-is”, without any warranty of any kind, express or implied, including fitness for a particular purpose or uninterrupted availability;

  • no Service Level Agreement (SLA) applies; Imagicle makes no uptime or availability commitment;

  • the Trial Offering may not be used for production workloads unless a Production environment has been explicitly agreed under Section 1.1;

  • the Trial Offering may not be resold, sublicensed, or used to provide services to third parties;

  • Customer shall not reverse engineer, decompile, or attempt to derive source code from any part of the Trial Offering.

 

5. Data and Privacy

5.1 Sandbox Trials

If the Trial uses a Sandbox / Demo environment, Customer shall use only synthetic, anonymized, or non-personal test data. Imagicle is not responsible for any personal data inadvertently introduced into a Sandbox environment.

 

5.2 Production Trials

If the Trial uses a Production environment and involves the processing of personal data on behalf of Customer, the Imagicle Data Processing Agreement (“DPA”) available at https://www.imagicle.com/legal-terms/data-processing-agreement is incorporated by reference and forms part of this Agreement.

 

5.3 Data Deletion

Upon expiration or earlier termination of the Trial Period, Imagicle will delete or anonymize all Customer data held in the Trial environment within 30 days, unless Customer converts to a paid subscription or requests earlier deletion in writing.

 

6. Intellectual Property and Feedback

All intellectual property rights in the Trial Offering remain the exclusive property of Imagicle and its licensors. No title or ownership is transferred to Customer under this Agreement.

 

Customer may voluntarily provide feedback, suggestions, or ideas regarding the Trial Offering (“Feedback”). Customer grants Imagicle a perpetual, irrevocable, royalty-free license to use, incorporate, and commercialize such Feedback without restriction or compensation to Customer.

 

7. Conversion and Expiration

At any time during the Trial Period, Customer may convert to a paid subscription by executing an Order Form with Imagicle or an authorized Imagicle partner. Upon conversion, the applicable Service Agreement and commercial terms will govern from the start date of the paid subscription.

 

If Customer does not convert prior to the end of the Trial Period:

  • access to the Trial Offering will be suspended immediately upon expiration;

  • Customer data will be retained for up to 30 days to allow Customer to request an export, after which it will be permanently deleted;

  • Imagicle is not liable for any loss of data or business impact resulting from expiration of the Trial.

 

8. Limitation of Liability

To the maximum extent permitted by applicable law, Imagicle’s total liability to Customer arising out of or in connection with this Agreement shall not exceed EUR 500. In no event shall Imagicle be liable for any indirect, incidental, consequential, or special damages arising out of the use or inability to use the Trial Offering.

 

9. General

Governing law. This Agreement is governed by the law applicable under the Imagicle Terms & Conditions of Sale.

 

Entire agreement. This Agreement, together with the T&C and, where applicable, the DPA, constitutes the entire agreement between the parties with respect to the Trial and supersedes all prior representations or understandings.

 

Modification. Imagicle reserves the right to modify this Agreement at any time. The version in effect at the time of Trial activation governs that Trial.