Terms of Service

Effective Date: 9 August 2025

These Terms of Service (“Terms”) govern your access to and use of Makyo Co’s no-code platform, AI features, integrations, and related tools (“Services”). By creating an account or using the Services, you agree to these Terms.

1) Eligibility & Accounts

• You must be at least 18 years old (or the age of majority in your jurisdiction).
• Provide accurate information; keep credentials confidential; you’re responsible for activities under your account.
• Admins may invite/manage users in a workspace and are responsible for their users’ compliance.

2) Your Content & License to Makyo

• You retain ownership of content, data, designs, and configurations you upload or create (“Your Content”).
• You grant Makyo a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create transient copies of Your Content as necessary to provide, secure, and improve the Services (including caching, backups, logs, testing, and disaster recovery).
• You represent you have all rights to Your Content and that it does not violate law or third-party rights.

3) Acceptable Use

• No unlawful, infringing, deceptive, harassing, or harmful conduct.
• No malware, scraping without permission, rate-limit abuse, or attempts to bypass security.
• No uploading of highly sensitive data (e.g., full payment card data, government IDs, health records) unless you have legal basis, user consent where required, and appropriate safeguards.
• No use to build a substantially similar competing service by copying non-public features or code.

4) AI Features

• AI outputs may be inaccurate or incomplete. You are responsible for human review before use in production.
• You will not use AI outputs to violate law or third-party rights (e.g., IP, privacy, publicity).
• Subject to third-party model/provider terms incorporated by reference.

5) Integrations & Third Parties

• Connecting an integration authorizes data exchange with that provider per your configuration.
• Your use of third-party services is governed by their terms and privacy policies. Makyo is not responsible for third-party actions.

6) Plans, Fees, & Taxes

• Paid plans are billed in advance on a subscription basis; charges are non-refundable except where required by law or expressly stated.
• Prices, features, and limits may change with notice; changes apply from your next renewal unless stated otherwise.
• You authorize us to charge your payment method for fees, taxes, and overages.

7) Service Levels; Beta/Pre-release

• We aim for high availability but do not guarantee uninterrupted service.
• Beta features are provided “as is,” may be changed or discontinued, and may be subject to separate terms.

8) Intellectual Property

• The Services, software, UX/designs, and trademarks are owned by Makyo Co and its licensors.
• No rights are granted except as expressly stated. Do not reverse engineer, decompile, or bypass technical measures except as permitted by law.

9) Confidentiality

Each party may access the other’s non-public information. The receiving party will use it only to perform under these Terms and protect it with at least reasonable care.

10) Privacy & Data Processing

Your use is subject to our Privacy Policy. For customer end-user data, our Data Processing Addendum (with SCCs) applies where required. Contact [email protected] to execute a DPA.

11) DMCA/Copyright

If you believe content infringes your rights, send a notice to: DMCA Agent, Makyo Co, 2261 Market St #XXXX, San Francisco, CA 94114, USA, [email protected]. Include all elements required by 17 U.S.C. §512(c)(3).

12) Warranties & Disclaimers

• EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS.”
• WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• YOU ARE RESPONSIBLE FOR BACKUPS, REVIEW OF AI OUTPUTS, AND COMPLIANCE WITH YOUR INDUSTRY RULES.

13) Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL.
• EXCEPT FOR YOUR PAYMENT OBLIGATIONS, IP INFRINGEMENT, OR WILLFUL MISCONDUCT, EACH PARTY’S AGGREGATE LIABILITY IS LIMITED TO FEES PAID OR PAYABLE TO MAKyo IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

14) Indemnification

• You will defend and indemnify Makyo from claims arising out of Your Content, your use in violation of law/these Terms, or your integrations.
• Makyo will defend and indemnify you from third-party claims that the Services (as provided by Makyo) infringe IP, excluding claims arising from Your Content, combinations not supplied by Makyo, or your modifications. Remedies may include replacement, modification, or refund of unused prepaid fees and termination.

15) Suspension & Termination

• We may suspend or terminate for material breach, non-payment, legal risk, or security threat. We will endeavor to notify you when feasible.
• You may terminate anytime via the admin console; termination takes effect at period end unless stated otherwise. Upon termination, your access ceases and we will delete or return Your Content per our Privacy Policy and DPA.

16) Governing Law; Disputes

• Governing law: Delaware, USA (conflict-of-laws rules excluded).
• Arbitration: Any dispute will be resolved by binding arbitration administered by AAA under its Commercial Rules in San Francisco, California, USA. One arbitrator; English language.
• Class action waiver: Claims must be brought individually, not as a class or representative action.
• 30-day opt-out: You may opt out of arbitration/class waiver by emailing [email protected] within 30 days of first accepting these Terms.
• Either party may seek injunctive relief in court for misuse of IP or breach of confidentiality.

17) Export & Sanctions

You will comply with all applicable export control and sanctions laws and will not use the Services in embargoed or restricted jurisdictions or for prohibited end uses.

18) Changes

We may update these Terms. We will post changes and update the Effective Date. Material changes will be notified via the Service or email. Continued use after changes means acceptance.

19) Miscellaneous

• Assignment only with consent, except either party may assign in connection with a merger, acquisition, or sale of substantially all assets.
• Force majeure: neither party is liable for delays beyond reasonable control.
• Severability: unenforceable provisions are modified to the minimum extent necessary; the rest remain in effect.
• Order of precedence: any signed order/DPA > these Terms > documentation.
• No waiver unless in writing.

20) Contact