# Timely Magic Customer Participation Agreement
**Last Updated/Effective:** 2025-03-29
These terms of the Customer Participation Agreement (the "Agreement") apply to your use of the Timely Magic website and services (the "Platform"). By utilizing a Business Account or accessing the Platform, you agree to abide by the terms set forth in this Agreement, the Timely Magic Privacy Policy, the User Agreement, and any other referenced guidelines or policies, all of which are incorporated herein. Terms not defined in this Agreement have the meaning provided in the User Agreement. In case of any conflict between this Agreement, terms on the Platform, the User Agreement, or the Privacy Policy, the terms of this Agreement shall prevail.
## 1. Definitions
A **"Business"** refers to any individual or entity using the Platform for commercial purposes. "You," "Your," and "Yourself" refer exclusively to the Business. "We," "Us," "Our," and "Timely Magic" refer exclusively to CastGlobe Corporation, located at 212 King St W #600, Toronto, ON M5H 1K5.
## 2. Modifications to the Agreement
We may update this Agreement periodically at our discretion. We will inform you by posting the revised Agreement and updating the "Last Updated" date. Continued Platform use after posting changes constitutes acceptance of those modifications.
## 3. Business Account Charges
Please review "Service Descriptions" and the "Fee Schedule" outlined on the Platform. All fees are listed in U.S. dollars unless otherwise indicated. Fees may be revised upon 30 days’ advance email notice. All charges are payable by credit card (Visa, MasterCard, American Express) provided when creating your account. Timely Magic may suspend or terminate your account if charges fail due to invalid credit card details. You are responsible for maintaining updated credit card information. A reinstatement fee may apply for account reactivation. Overdue balances incur a monthly interest of 1.5% (18% annually). You agree to cover any collection costs incurred, including attorney fees. Payments are non-refundable.
## 4. Third-Party Providers
Our Platform may facilitate third-party services and links. Timely Magic holds no responsibility for third-party content, privacy policies, or practices. Use of third-party services is at your own risk and subject solely to third-party terms and policies. We are not responsible for your interactions or transactions with third-party providers.
## 5. Timely Magic Payment Services
Enrollment in Timely Magic's payment services, including integrated payment processing methods, occurs automatically upon registration. Your use of these services indicates your acceptance of additional payment terms provided by us or third-party providers. You acknowledge that third-party services are subject solely to their terms, and Timely Magic is not liable for any claims related to these services.
## 6. Applicable Policies and Guidelines
You must comply with the procedures, policies, and guidelines outlined in the Service Descriptions and Fee Schedule sections of the Platform. Changes to these guidelines become effective immediately upon posting.
## 7. HIPAA Compliance
Timely Magic adheres to HIPAA regulations for handling Protected Health Information (PHI). If using PHI, you must request and fully execute a Business Associate Agreement (BAA) with us. Without a valid BAA, dissemination of PHI through our Platform is prohibited. You indemnify Timely Magic against claims arising from failure to secure a BAA.
## 8. General Release
Timely Magic is not involved in transactions between businesses and clients. You release Timely Magic and its affiliates from claims related to disputes between yourself and other Platform users.
## 9. Indemnification
You agree to indemnify Timely Magic against all claims arising from your breach of this Agreement, your business practices, services, content provided, infringement of intellectual property rights, or failure to pay applicable taxes. This obligation survives termination of this Agreement.
## 10. Termination
Timely Magic may terminate your account without cause or notice. You may terminate by providing 30 days' written notice. No prorated refunds or credits are issued upon termination. Payments are non-refundable and serve as immediate consideration for services provided.
## 11. General Provisions
- **Entire Agreement:** This Agreement and referenced documents represent the full understanding between the parties.
- **Amendments:** Timely Magic may amend this Agreement as outlined.
- **Attorney Fees:** Prevailing parties in litigation recover reasonable attorney fees.
- **Notices:** Notices are effective upon receipt or mailing to your provided account address or Timely Magic at the stated company address.
- **Governing Law:** This Agreement is governed by Ontario, Canada law.
- **Severability:** Invalid provisions do not affect remaining terms.
- **Assignment:** You cannot assign rights without our written consent.
## 12. Dispute Resolution
### 12.1 Mediation
Parties must first attempt to resolve disputes through mediation conducted by a mutually agreed-upon mediator in Toronto, Ontario. Costs for mediation are borne by the involved parties.
### 12.2 Court Action
Unresolved disputes after mediation proceed to court action exclusively within Ontario, Canada's courts.
**CastGlobe Corporation**
212 King St W #600, Toronto, ON M5H 1K5
hello@castglobe.com
+1 (647) 694-8882