Terms of Service

Terms of Service

Last Updated: August 2025

These Terms of Service (“Terms”) govern your access to and use of the website [ojosmagic.com] (the “Site”) operated by Tones Digital LLC (DBA Ojos Magic) (referred to as “Ojos Magic,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree with any part of these Terms, please do not use the Site.

1. Eligibility & Accepting Terms

You must be at least 18 years old to access or purchase from the Site. By using the Site, you confirm that you have the legal capacity to enter into these Terms and that you will comply with them at all times.

2. License & Permitted Use

Tones Digital LLC (DBA Ojos Magic) grants you a limited, non-exclusive, revocable license to use the Site solely for personal, non-commercial purposes. You may not:

  • Sell, reproduce, distribute, or exploit any part of the Site;
  • Create derivative works, reverse engineer, or hack the Site;
  • Use the Site to build any services that compete with Ojos Magic;
  • Remove or alter any proprietary rights notices.

3. Intellectual Property

All content on the Site—including text, images, videos, software, trademarks, and logos—is owned by Tones Digital LLC (DBA Ojos Magic) or its licensors and is protected by U.S. and global intellectual property laws. Nothing in these Terms grants you ownership of any intellectual property rights.

4. Product Information & Orders

  • We aim to provide accurate product descriptions, but we cannot guarantee that all details, images, or pricing are error-free.
  • We reserve the right to cancel any order due to errors, stock limitations, or restrictions.
  • Any order acceptance is conditional on payment authorization and shipping.

Please refer to our Refund Policy for order, shipping, return, and refund procedures.

5. User Accounts & Credentials

If you create an account, you agree to:

  • Provide accurate and up-to-date information;
  • Maintain the confidentiality of your login credentials;
  • Notify us immediately of any unauthorized use.

You are responsible for all activity under your account.

6. Limitation of Liability

To the fullest extent permissible by law:

  • Tones Digital LLC (DBA Ojos Magic) is not liable for—nor do we warrant—the Site’s uninterrupted or error-free operation.
  • We are not responsible for indirect, incidental, consequential, or punitive damages (e.g., lost profits, data loss).

7. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, MEANT OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Indemnification

You agree to defend, indemnify, and hold harmless Tones Digital LLC (DBA Ojos Magic) and its affiliates, officers, and employees from any claims, damages, or expenses (including legal fees) arising out of:

  • Your violation of these Terms;
  • Your use of the Site;
  • User-generated content you provided.

9. Changes & Suspension

Tones Digital LLC (DBA Ojos Magic) may modify or suspend the Site (or access to it), with or without notice, for any reason. We are not liable for any consequences of such changes, interruptions, or delays in service.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

10.2 Arbitration

Any dispute arising out of or relating in any way to these Terms or the Site will be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You and Ojos Magic waive any right to a jury trial or class action.

10.3 Small Claims

If your claim is under $10,000, you may choose to pursue a claim in small claims court instead of arbitration.

11. Severability

If any provision in these Terms is found to be unenforceable or invalid, it will be severed, and the remaining provisions will still apply.

12. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other documents incorporated herein, constitute the entire agreement between you and Ojos Magic regarding the Site and supersede all prior agreements.

13. Contact Us

Questions? Reach us at:
Email: contact@ojosmagic.com