Makersflow is the premier product development through to production tool for local and remote teams worldwide.
Terms of Service
EFFECTIVE: 12th July, 2023
1. ACCEPTANCE OF TERMS OF SERVICE
By using the services or features offered on or through the Website (hereinafter, also referred to as 'Makersflow' or 'We' or 'Our' or 'Us'), you expressly agree to abide by the following terms and conditions of these Terms of Service (hereinafter, referred to as 'Agreement'). This Website is owned, managed and operated by Grownwebdesign Pty Ltd . If you do not agree with any of these terms and conditions, you are requested to stop further use of this Website with immediate effect. This Agreement, along with Privacy Policy, comprises the entire legal agreement between you and the Website.
This Agreement is subject to changes, updates, modifications, additions, deletions, and revisions at any time. Once modified and posted on this web page, such User Agreement shall replace any previously published versions. We encourage all the users of this Website to check out this Agreement from time to time, and remain updated on any modification, etc. Your continued use of this Website and its services after the modified User Agreement is published constitutes your implied acceptance of such modified User Agreement.
2. DEFINITIONS
i \"User\", \"you\", \"your\" refers to the registered user who may be a subscriber of the Website service or the registered user of the subscriber.
ii \"Service(s)\" refers to any services offered on or through this Website.
iii \"Subscribing” refers to the process completed on the \"Join\" page of the Website.
iv “Monthly” refers to 30 consecutive calendar days only. It does not refer to 1st – 30th of a month. "Annual" refers to 360 consecutive calendar days only. It does not refer to 1st January - 31st December.
v “Who is considered a user?”
A user is any creator or manufacturer profile administrator, subscription administrator, subscription staff member with access to your Makesflow registered account via the registered email address or staff member email address.
vi \"Website\" refers to www.Makersflow.com.
vii “TOS” refers to Terms of Service
3. DESCRIPTION OF SERVICE
The “Service(s)” means (a) Makersflow’s marketplace connecting creators and manufacturers across the globe to source and manage product development through to production using custom workflow definition, real-time communication, messaging, archiving, and search services and related systems and technologies, as well as the website https://Makersflow.com (the “Site”), and (b) all software (Including the Software, as defined below), applications, data reports, text, images and other content made available by or on behalf of Makersflow through any of the foregoing. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not Makersflow designates then as “official integrations” (each a “ Non-Makersflow Product”). Any modifications and new features added to the Service are also subject to this TOS. Makersflow reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Makersflow.
4. ELIGIBILITY
Use of the Website and its services is void where prohibited. We reserve the right, in our sole discretion, to accept or reject the application of the users desirous of becoming members of this Website. All request to join this community are verified to ensure only genuine creators and manufacturers belong.
This Website is meant for use only by the users who are eligible to enter into a valid contract under the applicable law. Minors are, therefore, not allowed to become members of this Website. We strongly encourage the parents and/or guardians to supervise the activity of all children under the age of eighteen (18) years when using the Internet.
By using this Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and condition of this Agreement.
5. REGISTRATION
i Only users over the age of 18 years may register to use this Website and its services.
ii In order to register on this Website, you must supply a valid email, post code, name and address details.
iii You are solely responsible for maintaining the confidentiality of your password and account.
iv You also agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Website services to any third party.
v Multiple registrations are prohibited, whether false or otherwise.
vi You are solely responsible for any and all activities occurring under your account including content posted.
vii Changes to registration details or passwords can be made by accessing the account details when logged in.
viii You agree to contact us immediately using the “Contact Us” section of the Website, if any unauthorized use or security incident occurs.
ix You agree to log off/exit from your account at the end of each session.
x If any registration information is inaccurate or you fail to adhere to any part of this Agreement, we reserve the right to terminate your registration and cease our services immediately. You agree that we will not be liable for any loss or damage arising from your failure to provide accurate registration details and subsequent registration termination.
6. SERVICE FEES
A valid credit card is required for all kinds of payments on the Website. If your credit card is declined another attempt will be made in 6 days. If the credit card is declined in 6 days your account will be frozen until all outstanding fees are paid by selecting pay now on your subscription account page.
Makersflow is free for product makers wanting a profile presence, to connect via the marketplace. More features are available when you upgrade to our inclusive paid plans. Paid monthly plan upgrades will be billed on the day of upgrade and monthly (30 days) from and including this date. Paid annual plan upgrades will be billed on the day of upgrade and annually after this date unless canceled prior to subscription anniversary date. The service is billed in advance on a monthly basis or annual basis and is non-refundable. There will be no refunds or credits for partial months or full months on annual plans of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by the appropriate taxation authorities, and you shall be responsible for the payment of all such taxes, levies, or duties. Makersflow is a service provided by Grownwebdesign Pty Ltd which is a registered company in Australia. GST will be added to Australian customers monthly payments as per standard practice for Australian businesses and their customers. Upgrades or downgrades in plan level, the credit card will be automatically charged the new rate on the day of upgrade and monthly or annually. Your profile presence including posting company news and connecting to other potential collaborators is always free. Paid pricing is available across Essentials, Professional and Enterprise subscriptions. Each subscription type offers different functionality with per-user pricing reflecting business value. Monthly or Annual per-user pricing is available. Detailed annual or monthly subscription pricing and associated functions are listed on the Pricing page. Downgrading your service may cause loss of Content, features, or capacity of your account. Grownwebdesign Pty Ltd , Australia, does not accept any liability for such loss.
7. CANCELLATION AND TERMINATION
i You are solely responsible for properly canceling your account. An email request to cancel your account shall not be considered as cancellation of account. You can cancel your account at any time by clicking on the “Account/Close or pause your account” link on the top menu bar. The Billing screen provides simple questions regarding your request for cancellation of account.
ii If you cancel the Service before the end of your current paid up month, your cancellation shall be effective immediately and you will not be charged again.
iii Reopening Reopening an account is available up to 12 months after cancellation before all account data is permanently deleted. All outstanding subscription charges apply from the date of your subscription cancellation to date you reopen your account.
iiii Grownwebdesign Pty Ltd , in its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website service, or any other Grownwebdesign Pty Ltd , service, for any reason and at any time. Such termination of the service will result in deactivation or deletion of your account or your access to your account, and/or forfeiture and relinquishment of all content in your account. Grownwebdesign Pty Ltd , reserves the right to refuse service to anyone for any reason and at any time.
We reserve the right to change the fees and/or fee structure for any of our services at any time.
8. FAIR USAGE POLICY
Makersflow’s service is subject to our Fair Usage Policy (“FUP”). You may not use Makersflow to stream video, send unsolicited messages, share copyrighted content or any illegal materials.
At Makersflow, we want all of our customers to get the best value plans, known as ‘subscriptions’, at the lowest possible price. This FUP is designed to prevent fraud and abuse of our subscriptions by a small number of users.
Subject to this FUP, Makersflow’s paid subscriptions allow unlimited staff, unlimited buckets unlimited products, unlimited relationships and unlimited collaborators. Makersflow’s subscriptions are allocated on a storage and function basis only in accordance with our Terms of Service and this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
• Sharing subscriptions between other companies to use in order to develop and produce products;
• Sharing staff accounts between staff inside a company.
• Loading extremely large image files (above 300MB per file), which would degrade system resources
Other practices may be relevant in determining Legitimate Use and Makersflow reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Makersflow may, at its sole discretion, terminate its relationship with you, or may suspend your subscription immediately if it determines that you are using your subscription contrary to this FUP or Makersflow Terms of Service. Where reasonable, Makersflow will provide you with a notice of improper usage before suspension or termination of your subscription, and if appropriate, Makersflow may offer you an alternative subscription.
9. ACCEPTABLE USE POLICY
i Only natural persons are allowed to create an account on this Website.
ii Any action or omission on your part resulting in an act of dishonesty and/or unprofessionalism by posting inappropriate, inaccurate, or objectionable content on the Website is strictly prohibited.
iii You are expressly prohibited from reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the services, or any part thereof, on this Website.
iv You agree not to send unsolicited mails, chain letters, junk mail, or any email communications to or through the use of any feature on this Website.
v You are expressly prohibited from spreading harmful computer contaminants, like viruses, Trojans, worms, or other programs aimed at damaging, destroying, detrimentally interfering with, surreptitiously intercepting, or expropriating any system, data or personal information on other computer systems.
vi We reserve the right to access your account and records for any reason, in our sole discretion. You hereby give your consent to this effect. We also reserve the right, but do not assume any responsibility, to monitor and/or review your conduct while using our services.
vii You agree not to engage in any conduct which, in our sole discretion, is considered inappropriate, unauthorized or objectionable. This includes complying with all applicable laws and regulations as applicable in Australia.
viii You undertake not to use manual or automated software, devices, scripts, robots, and other means or processes to access, \"scrape\", crawl\" or spider\" any web pages or other services contained on the Website.
ix You agree not to indulge in activities, such as \"framing\", \"mirroring\", or otherwise simulating the appearance of this Website. You are further prohibited from attempting to override, or actually overriding, any security component included in or underlying the Website.
x You shall not engage in any action that has the resultant effect of interfering with the communication of the Website, such as unsolicited communications, or gaining unauthorized access thereby, affecting the delivery of services and standard system response times.
xi You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices. Further, any illegal act including, but not limited to, pornography in general, child pornography, defamation, profanity, etc., is strictly prohibited from being transmitted or propagated through any of the features offered on this Website, including the feedback system. We reserve the right to remove such content from this Website at any time without any notice to anyone.
xii The violation of any of the provisions of this Agreement gives us the right to take any action permissible by applicable laws, besides temporary suspension and/or permanent cancellation of user account. Once a user account is suspended or terminated for violation of any clause contained herein, such user is prohibited from opening a new user account on this Website.
10. LICENSE
You are, hereby, given a worldwide, non-exclusive, personal, non-transferable, and non-assignable license to use the features provided on this Website in compliance with the clauses and provisions contained herein.
By submitting any kind of content on the Website, you expressly grant us a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform such submitted content.
You expressly undertake not to copy, sell, trade, or otherwise commercially exploit the content and services offered on this Website.
11. DISCLAIMERS
i You are required to maintain privacy and confidentiality about the combination of username and password you've registered with. We are not liable for any unauthorized access of user's account by anyone other than the registered user. Further, you are required to keep your account information and profile current and up-to-date. We do not monitor or manage any user's account.
ii We take every reasonable action to ensure the Website and its services are available at all the times, subject to any maintenance which could result in Website and/or services being unavailable. We take no responsibility for any loss of services, or loss of data or corruption of data held by, or on, this Website.
iii The Website is provided on an \"as is\" and \"as available\" basis. You expressly agree that your use of the Website is at your own sole risk.
iv We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the operation of this Website and/or its services, or the information, content, materials, or products or language translations being 100% accurate included in the Website.
v We make no warranty, express or otherwise, that the Website will meet your requirements, or that the Website services will be uninterrupted, timely, secure, or error free including language translations.
vi We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through the Website including language translations.; or that defects in the Website services will be corrected.
vii We assume no responsibility for, and make no warranty or representation as to, the accuracy, currency, completeness, reliability or usefulness of the Website services or content or products distributed or made available by third parties (including but not limited to advertisers and users) through the Website.
viii You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to upload or download any material (including widgets) from the Website.
ix No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly made herein.
12. THIRD PARTY LINKS
You may come across advertisements or links to the third-party websites or the websites of our affiliates or partners on this Website. We do not manage or control the content on these linked sites. Therefore, we shall not be liable for any transaction or dealing with any of the linked third party websites. All such transactions shall be governed by the User Agreements(s) and other policies of the linked sites.
Linking into this Website other than the home page (http://www.Makersflow.com), i.e., deep-linking, is strictly prohibited.
13. INTELLECTUAL PROPERTY RIGHTS
This Website is meant for your personal, non-commercial use only. You may not modify copy, distribute, transmit, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Website. You may not use this Website, or any of its contents, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website. We and our licensors own all proprietary and intellectual property rights in the Website, including but not limited to, trademarks, copyrights and patents vested in the software, software code and other material underlying and forming part of the Website and/or services delivered through the Website.
14. DATA CONFIDENTIALITY
i Preservation of your data confidentiality, Grownwebdesign Pty Ltd shall use all reasonable commercial efforts to:
ii preserve the confidentiality and avoid the disclosure of your Confidential Information (defined below), unless strictly required overwise by law;
iii limit access to your Confidential Information to those of its employees or agents granted access rights by you through use of the Services if access control is enabled under your subscription, unless requested otherwise by you in writing or email;
iv not at any time disclose, give, or transmit (in any manner or form or for any purpose) your Confidential Information to any person, party, firm, or corporation other than you except as specified in this Data Confidentiality Agreement or the Terms of Service, and unless required by law; immediately notify you in the event of any disclosure which is required by law;
v not use any Confidential Information in any way other than for the purpose of providing the Services to you and the utlization of these Services by you in accordance with the Terms of Service, or as otherwise contemplated by this Data Confidentiality Agreement or the Terms of Service without your permission; and
vi ensure that all Grownwebdesign Pty Ltd employees or agents to whom your Confidential Information is disclosed are legally bound to keep your Confidential Information confidential and not to use the Confidential Information except for the Purpose of providing the Services.
vii \"Confidential Information\" means all of your Data (as defined in the Terms of Service) stored using the Services including your proprietary financial data, sales information, pricing or business information, and any other information or materials, whether written, or graphic, or any other form), as contemplated by the Terms of Service.
viii Proprietary Rights. Other than as expressly provided in the Terms of Service, Grownwebdesign Pty Ltd obtains no proprietary rights of any kind to your Confidential Information. Ownership of your Confidential Information stored on Makersflow is retained by your Account Owner (as nominated by you in your Registration Data which may be updated by you at any time), as described in the Terms of Service.
ix Terms of Service Prevails. If there is any conflict between the terms of this Data Confidentiality Agreement and the Terms of Service, the Terms of Service prevails. This confidentiality Agreement is to be read and understood in conjunction with the Terms of Service.
15. LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages, resulting from the: (i) use or inability to use the Website services; (ii) cost or procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with the Website or a third party through the use of the Website services;(iv) inaccuracy of any information obtained from use of the Website services or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data.
16. INDEMNITY
You agree to indemnify, defend and hold us (including our officers, directors, agents and shareholders) harmless from and against any and all loss, costs, expenses, claims, damages and liabilities related to or associated with your use of this Website or its services, or incurred by us to any person as a result of your failure to adhere to this Agreement.
17. FORCE MAJEURE
Our failure to perform any obligation in pursuance hereof as a result of conditions beyond our control, including but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, or degradation of service including complete failure, shall not be deemed as breach of this Agreement.
18. NO WAIVER
The failure of either party to enforce any right or to act with respect to any breach of any clause(s) of this Agreement shall not be construed as waiver of that right nor waives that party's right to act with respect to subsequent or similar breaches.
19. PARTIAL INVALIDITY
If any provision contained herein is held to be invalid or unenforceable by a competent legal authority, such provision shall be struck off and the remaining provisions shall remain enforceable.
20. GOVERNING LAW
This Website is operated from Australia by Grownwebdesign Pty Ltd ., which is an Australian company. Any disputes or claims arising from or relating to your use of the Website will be subject to the jurisdiction of the courts in Australia. This Agreement, trademarks, intellectual property and business processes are governed by the laws of Australia.