Maker Terms of Service

1.1 Who we are; what these Terms cover. These Terms of Service (these “Terms”) are a binding agreement between you and Maker, Inc., 548 Market St PMB 35672, San Francisco, CA 94104-5401 (“Maker,” “we,” “us,” or “our”). These Terms govern your access to and use of the maker.co, app.maker.co, ai.maker.co, and nav.maker.co websites and applications, the Maker platform — including AI Features (defined in Section 6.1), embeds, and CDN content delivery — and the related products and services Maker provides (collectively, the “Services”).

1.2 How you accept. These Terms apply to all visitors and users of the Services. You agree to these Terms by accessing or using the Services, by creating an account, or by clicking a button or checking a box indicating acceptance. If you do not agree to these Terms, do not access or use the Services.

1.3 Accepting for an organization. If you accept these Terms or use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and “you” and “your” refer to that entity.

1.4 Privacy Policy. The Maker Privacy Policy explains how Maker collects, uses, and discloses information in connection with the Services (see Section 5 (Privacy)). The Privacy Policy is a notice describing our data practices; it is referenced in, but does not form part of, these Terms. Please read it. https://www.maker.co/privacy-policy

1.5 Enterprise customers. If you access the Services under an organization’s separate written agreement with Maker, Section 2 (Enterprise Agreements; Order of Precedence) explains how that agreement and these Terms fit together.

2.1 Key terms. An “Order Form” is an ordering document or online purchase or checkout flow between you (or your organization) and Maker that specifies plan, fees, term, and usage allotments. An “Enterprise Agreement” is a separate written agreement executed by Maker and an organization, whether or not negotiated — for example, a SaaS Services Agreement together with one or more Order Forms. An “Authorized User” is an individual whom an organization authorizes to access the Services under its account or Enterprise Agreement — for example, the organization’s employees, contractors, and agents acting on its behalf.

2.2 Enterprise Agreements control. If you access or use the Services under an organization’s Enterprise Agreement, then to the extent of any conflict between these Terms and that Enterprise Agreement (including its Order Forms), the Enterprise Agreement controls for that organization and its Authorized Users, and these Terms apply only to the extent they do not conflict with it. Acceptance of these Terms by an Authorized User — for example, through an in-app click-through — does not amend, supersede, or replace the organization’s Enterprise Agreement.

2.3 If you have no Enterprise Agreement. If you access or use the Services other than under an Enterprise Agreement — including as a visitor to our websites or on a free or self-serve paid plan — these Terms govern that access and use in full.

To use the Services, you must be (a) at least 18 years old and legally capable of entering into a binding contract, or (b) a duly formed legal entity acting through individuals who are authorized to bind it. You may not use the Services if applicable law bars you from doing so. The Services are not intended for children: if you are under 13, do not use the Services.

4.1 Registration. Some features of the Services require an account. You must provide accurate, current, and complete registration information and keep it up to date. You may not use another user’s account without that user’s permission. If your registration information is or becomes inaccurate, incomplete, or misleading, Maker may suspend or terminate your account as described in Section 16 (Suspension and Termination).

4.2 Credentials; responsibility for your account. You are responsible for keeping your account credentials confidential and secure and for all activity that occurs under your account. Maker is not responsible for any loss or damage arising from unauthorized use of your account to the extent it results from your failure to comply with this Section 4.

4.3 Notify us. Notify Maker promptly at support@maker.co if you suspect or become aware of any unauthorized use of your account or credentials or any other breach of security affecting the Services.

4.4 Third-party sign-in. If you create or access your account using a third-party sign-in service (for example, a social login or your organization’s single sign-on provider), your use of that service is governed by the third party’s own terms and privacy policy, and Maker is not responsible for that service. See Section 14 (Third-Party Services and Links).

5.1 Privacy Policy. The Maker Privacy Policy, available at https://www.maker.co/privacy-policy, describes how Maker collects, uses, and discloses information in connection with the Services, including personal information. Please review it carefully, it explains our data practices and the choices available to you.

5.2 Preservation and disclosure. You acknowledge that Maker may preserve and may disclose your account information and your Customer Content (defined in Section 6.1) if required to do so by law, or if we believe in good faith that preservation or disclosure is reasonably necessary to: (a) comply with legal process or a lawful request from law enforcement or another government authority; (b) enforce these Terms; (c) respond to claims that content violates the rights of others; or (d) protect the rights, property, or safety of Maker, our users, or the public. Where the information involved is personal information, we will handle it as described in the Privacy Policy.

5.3 Data processing for business customers. To the extent Maker processes personal information on behalf of a business customer in order to provide the Services (for example, the technical telemetry described in the Privacy Policy), Maker acts as that customer’s service provider or processor, and with respect to personal information subject to the CCPA Maker will: process it only to provide the Services and for the business purposes described in these Terms or an applicable Order Form or data processing addendum; not sell or share it; not retain, use, or disclose it outside the direct business relationship between the parties or for any purpose other than those business purposes; and cooperate with the customer in responding to verified consumer-rights requests; not combine that personal information with personal information Maker receives from or on behalf of any other person, or that Maker collects from its own interaction with the consumer, except as applicable law permits a service provider to do; provide the same level of privacy protection with respect to that personal information as the CCPA requires of the customer; notify the customer if Maker determines that it can no longer meet its obligations under the CCPA; and permit the customer to take reasonable and appropriate steps to confirm that Maker uses that personal information consistently with the customer’s obligations under the CCPA, including by reviewing Maker’s then-current security and privacy documentation on request, and, upon notice, to stop and remediate any unauthorized use of that personal information. Where a data processing addendum is required, the parties will enter into Maker’s then-current addendum, made available by Maker upon request, which upon acceptance forms part of these Terms for that customer. This Section 5.3 states contractual commitments and does not incorporate the Privacy Policy into these Terms; the form-submission representation in Section 9.3 and the safeguards commitment in Section 9.4 also apply.

5.4 Data processing addendum. Maker does not publish its data processing addendum. If your organization requires one, email legal@maker.co and we will send our then-current addendum. On acceptance it forms part of these Terms for that customer. If your organization has an Enterprise Agreement with Maker, the data processing terms of that agreement apply instead, and the order-of-precedence provision of that agreement governs any conflict.

5.5 Subprocessor list. Maker maintains a current list of the subprocessors that process data on behalf of business customers in providing the Services. It is published in Section 14 of the Privacy Policy at https://www.maker.co/privacy-policy. That list covers those subprocessors; the vendors that support Maker’s own business are described in the Privacy Policy by category. Notice of additions to the list, and any right to object to a new subprocessor, are governed by the data processing addendum described in Section 5.4 or by your Enterprise Agreement.

6.1 What the Services do. The Services provide AI-native tools to create, edit, moderate, host, and deliver web content — landing pages, page sections, images and video, and web apps — and to publish that content into your own websites and applications. Features of the Services that use artificial-intelligence models to generate, edit, personalize, or moderate content are “AI Features.” Content and materials that you or your Authorized Users upload to, import into, create in, or publish through the Services — including AI Output (defined in Section 8 (AI Features and AI Output)) that you incorporate — are “Customer Content.” The websites, applications, and other digital properties owned or controlled by you, or by clients you are authorized to represent under Section 6.4, where you embed or display published Customer Content are “Customer Sites.” Published Customer Content is delivered to Customer Sites through a client-side JavaScript embed and served through content-delivery networks, as described in Section 9 (Publishing, Embeds, and Your Sites).

6.2 Your right to use the Services. Subject to these Terms and the limits of your plan, Maker grants you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription or other applicable term: (a) for your own business purposes; and (b) if permitted under Section 6.4, on behalf of your clients. This right includes deploying the Maker embed code on Customer Sites to display your published Customer Content. Except as Section 6.4 or a separate written agreement with Maker expressly permits, you may not resell, sublicense, white-label, or transfer the Services; provide the Services to any third party as a service bureau, agency offering, or managed service; or otherwise make the Services available to anyone else. Maker reserves all rights not expressly granted (see Section 12 (Maker’s Intellectual Property)).

6.3 Plans, Views, and Credits. The Services are available on free and paid plans. Each plan’s features, pricing, and usage allotments are described on the Maker pricing page or in an Order Form between you (or your organization) and Maker. Usage is metered in two units: “Views,” which are content-load events that meter delivery of your published Customer Content, and “Credits,” which are the usage units that meter your consumption of AI Features across the underlying AI models. Your plan may include limits on usage and storage, including Views and Credits allotments. We may enforce plan limits, including by restricting usage that exceeds your allotments; options for additional capacity are as described on the pricing page or in your Order Form. Fees and billing for self-serve plans are described in Section 11 (Fees and Billing (Self-Serve Plans)).

6.4 Use on behalf of clients. By default, the Services are for your own business: you may use them only for Customer Sites that you own and operate. Use of the Services on behalf of clients — for example, as their agency, consultancy, or service provider — is permitted on plans that include client or agency use, as described on the Maker pricing page or in your Order Form, or where a separate written agreement between you (or your organization) and Maker permits it, in which case that agreement controls. If you use the Services on behalf of a client:

1. (a) you represent and warrant that you are authorized to act for that client, including to create and publish content for that client and to embed published Customer Content on that client’s sites;
2. (b) content you upload, create, or publish for a client is Customer Content under these Terms, and you are responsible for it to the same extent as your own;
3. (c) the client sites where you embed published Customer Content are Customer Sites;
4. (d) you will ensure that your use of the Services for each client, and that client’s content and Customer Sites, comply with these Terms, including Section 10 (Acceptable Use), and you remain responsible for all activity under your account; and
5. (e) these Terms do not create any contractual relationship between Maker and your clients, and a client has rights against Maker only under that client’s own agreement with Maker, if any.

7.1 You own your Customer Content. As between you and Maker, you retain all ownership and intellectual-property rights in your Customer Content. Nothing in these Terms transfers ownership of Customer Content to Maker.

7.2 The license you grant Maker. So that we can operate the product, you grant Maker a limited, non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, adapt as needed for technical delivery (for example, resizing, reformatting, or transcoding), modify and create derivative works of your Customer Content as you direct through features of the Services (for example, AI editing and personalization), display, perform, transmit, and serve your Customer Content — including through Maker’s hosting, infrastructure, and content-delivery providers — solely as necessary to operate, provide, secure, and support the Services, including delivering your published Customer Content to Customer Sites. This license exists to run the Services and for no other purpose. It does not permit Maker to sell Customer Content or to use it for purposes unrelated to providing the Services, and it ends when the Customer Content is deleted from the Services, subject to Section 16 (Suspension and Termination) and the Privacy Policy.

7.3 Public and private content. Some features let you make Customer Content publicly available — for example, pages you publish to the open web. Customer Content that you elect to make publicly available is “Public Content.” Customer Content that you have not made public is private to your account and is handled as described in these Terms and the Privacy Policy. These Terms themselves do not include confidentiality obligations; if your organization requires contractual confidentiality commitments, they are available through an Enterprise Agreement (see Section 2 (Enterprise Agreements; Order of Precedence)). Making Customer Content public does not, by itself, grant other users any rights in it beyond viewing it as published; any broader sharing or reuse happens only through the publishing and permission choices you make. Public Content made available by other users is the responsibility of the users who publish it; Maker does not endorse it.

7.4 Promotional use. Maker will not use your Customer Content to advertise or promote Maker or the Services except: (a) with your prior consent; or (b) in the case of Public Content, which we may display, feature, or link to in order to show what can be built with the Services. You may withdraw your consent, make Public Content private again, or tell us — through available account settings or by contacting support@maker.co — that you do not want your Public Content featured, in each case at any time, and we will stop making new promotional uses of that content within a reasonable time after you do; you do not need to unpublish content to opt out. Maker will not rely on clause (b) to feature the Public Content of an organization with an Enterprise Agreement or Order Form without that organization’s consent. Withdrawal or opt-out operates prospectively: it does not require Maker to recall promotional materials already published or distributed.

7.5 Your responsibilities for your content. You are solely responsible for your Customer Content and the consequences of publishing it. You represent and warrant that: (a) you have, and will maintain, all rights, licenses, consents, and permissions needed to submit your Customer Content and to grant the license in Section 7.2; and (b) your Customer Content, and your use and publication of it, comply with these Terms (including Section 10 (Acceptable Use)) and applicable law and do not infringe or misappropriate the rights of any person. Customer Content is the responsibility of the person or organization that provides it. Maker does not endorse Customer Content and makes no guarantee about its reliability or accuracy (see Section 19 (Disclaimer of Warranties)).

8.1 AI Features and Credits. The Services include AI Features, such as tools that generate, edit, personalize, or moderate content in response to your inputs and instructions. Content generated by AI Features in response to your inputs or instructions is “AI Output.” Your use of AI Features draws down Credits (see Section 6.3).

8.2 Your inputs. You are responsible for the inputs, prompts, and materials you provide to AI Features, including for having all rights needed to use them. Inputs you upload to or import into the Services are Customer Content and are treated as described in Section 7 (Your Content).

8.3 You own your AI Output. As between you and Maker, you own the AI Output generated for you, and Maker assigns to you any right, title, and interest it may have in that AI Output. AI Output that you incorporate into your pages or projects becomes part of your Customer Content.

8.4 No guarantee of uniqueness. AI models generate content based on patterns in their training data, and similar inputs can produce similar outputs. Maker does not guarantee that AI Output is unique, original, or protectable by copyright or other intellectual-property rights, and your ownership of your AI Output does not extend to the same or similar output independently generated for other customers.

8.5 Review before you use or publish. AI Output can be inaccurate, incomplete, or unsuitable for your purposes. You must review AI Output before you use or publish it. You are responsible for confirming that AI Output is accurate and appropriate for your use and that your use of it complies with applicable laws and regulations, including the advertising, marketing, and industry-specific rules that apply to you and, where relevant, to your clients (see Section 6.4). AI Output you publish is your Customer Content, and Section 7.5 applies to it. AI Features and AI Output are provided without warranties of any kind, as described in Section 19 (Disclaimer of Warranties).

8.6 Model training. Maker does not use your Customer Content, your inputs and prompts, AI Output generated for you, or telemetry that identifies you or your Authorized Users, to train, fine-tune, or otherwise improve any artificial-intelligence or machine-learning model, or any generally available product, without your written consent. Maker does not sell or license that material to anyone else for that purpose, and Maker does not authorize human review or annotation of it for that purpose.

When Maker engages a third-party provider to store or process that material in delivering the Services, Maker requires either a contractual prohibition on using it to train or improve the provider’s own models, or, where the provider offers a setting that disables such training, Maker enables that setting. Maker does not knowingly engage a provider that offers neither. On request, Maker will identify the restriction or setting that applies to a given provider. If Maker learns that a provider has used that material to train its models, Maker will notify you and will either remediate the matter or replace the provider.

Nothing in this Section restricts Maker personnel from accessing data as necessary to provide support, investigate abuse, or maintain the security of the Services.

9.1 How publishing works. When you publish Customer Content, the Services make it available for delivery to your Customer Sites, typically through a JavaScript embed you install on your pages, with content served through content-delivery networks. You control what you publish, where you embed it, and when you take it down.

9.2 Your sites are your responsibility. Customer Sites belong to you or to the clients you represent, not to Maker. You are responsible for Customer Sites, including: (a) their content, operation, and legal compliance; (b) providing any terms, privacy notices, and disclosures your visitors are entitled to receive; and (c) obtaining any consents required by applicable law (for example, cookie or tracking consents) for the analytics, metering, personalization, and similar technologies that operate on your pages in connection with the Services or with any third-party tools you use.

9.3 Forms. When visitors submit an embedded Maker form on your pages, the submission is transmitted directly to the destination or destinations you configure, and Maker does not receive or store the content of form submissions. You are responsible for the destinations you configure, for your handling of form submissions, and for giving your visitors any legally required notices about the data you collect. Do not configure form destinations that transmit submissions into Maker’s systems, and do not use forms to direct into Maker’s systems the restricted data categories described in Section 10.1(j).

9.4 Security. Maker maintains reasonable administrative, technical, and organizational safeguards designed to protect the Services and the delivery of published Customer Content. No method of transmission, storage, or delivery is completely secure, however, and Maker does not guarantee security. You are responsible for the security of Customer Sites and of the systems you control, including the destinations you configure for form submissions.

10.1 Rules. You must use the Services in compliance with applicable law and this Section 10. In connection with the Services, you must not, and must not permit or encourage anyone else to:

1. (a) upload, publish, or transmit content that is unlawful, defamatory, harassing, threatening, abusive, hateful, pornographic, or sexually exploitative, or that invades another person’s privacy;
2. (b) infringe, misappropriate, or violate the copyright, trademark, patent, trade-secret, publicity, privacy, or other rights of any person, or publish content in breach of a confidentiality or fiduciary obligation you owe to anyone;
3. (c) upload or distribute viruses, worms, malware, or other harmful or malicious code, or use the Services to deliver any of them to others;
4. (d) impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false or deceptive information to Maker or to visitors to your pages;
5. (e) create or publish pages or content designed to phish, defraud, deceive, or mislead, including pages that imitate another organization’s site or misrepresent the origin of content;
6. (f) send spam or other unsolicited or unauthorized advertising, promotional materials, or solicitations, or use communication features of the Services for unauthorized commercial solicitation;
7. (g) engage in unlawful surveillance or tracking of individuals, or use the Services to collect information about individuals in violation of applicable law;
8. (h) collect, harvest, or use personal information about other users of the Services without authorization, or solicit personal information from children under 13 or from any other minor where prohibited by applicable law;
9. (i) resell, sublicense, white-label, or provide the Services to any third party as a service bureau, agency offering, or managed service, or use the Services on behalf of any third party, except as expressly permitted under Section 6.4;
10. (j) direct sensitive or regulated data into Maker’s systems — including, for example, protected health information, payment-card data, government-issued identification numbers, or personal information of children under 13 — whether through forms, uploads, or otherwise; the Services are not designed or intended to receive those categories of data (forms that deliver submissions directly to systems you or your clients control, as described in Section 9.3 (Forms), do not direct data into Maker’s systems);
11. (k) access the Services, or collect content or data from them, using robots, spiders, scrapers, or other automated means, or through bulk or high-volume automated requests, except (i) through APIs, features, or interfaces that Maker provides or approves for automated access, used within your plan limits, and (ii) that operators of public search engines may use spiders to index materials from the Services solely to create publicly available searchable indices (and not caches or archives), a permission Maker may revoke generally or in specific cases at any time;
12. (l) bypass, manipulate, or artificially generate or suppress Views, Credits, or any other usage metering, or otherwise circumvent plan limits or billing;
13. (m) circumvent, disable, probe, or interfere with security-related features of the Services or features that prevent or restrict use or copying of content or that enforce plan limits; attempt to gain unauthorized access to any account, system, or network; or interfere with or disrupt the integrity or performance of the Services;
14. (n) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas of the Services, except to the extent applicable law prohibits that restriction; or
15. (o) use the Services to violate any applicable law, statute, ordinance, or regulation, or encourage or assist anyone else to do so.

10.2 Enforcement. We may investigate suspected violations of these Terms. We may remove or disable access to Customer Content that we reasonably believe violates this Section 10 or applicable law, or where removal or disabling is reasonably necessary to comply with a legal obligation or a governmental or court order, or to protect the Services, Maker, our users, or third parties; and we may suspend or terminate access to the Services, in each case as described in Section 16 (Suspension and Termination). A removal or disabling done in good faith under this Section is not a breach of these Terms. To report a violation, contact us as described in Section 26 (Contact and Reporting).

11.1 Fees. If you purchase a paid self-serve plan, you agree to pay the fees for that plan as stated on our pricing page or in your Order Form at the time of purchase. You authorize Maker to charge your designated payment method for all fees due, including renewal fees, until you cancel.

11.2 Renewal and cancellation. Paid self-serve subscriptions renew automatically for successive periods of the same length, at the then-current price, until you cancel, and the recurring charge is billed to your payment method each period. Before you purchase, we present the auto-renewal terms, price, and billing frequency clearly and obtain your affirmative agreement to them; where the law requires, we also send a purchase acknowledgment with cancellation instructions and advance renewal reminders. You may cancel at any time through a self-service cancellation option in your account, or by contacting support@maker.co. Cancel before the next renewal date to avoid the next charge. Cancellation takes effect at the end of the then-current billing period. If we change the pricing of your self-serve plan, the change will take effect no earlier than your next renewal, and we will give you notice before it takes effect.

11.3 Usage allotments. Your plan includes allotments of Views and Credits, as described on the pricing page or in your Order Form.

11.4 Taxes. Our fees do not include taxes. You are responsible for all sales, use, value-added, goods-and-services, and similar taxes, levies, and duties on your purchases, except taxes based on Maker’s net income. If we are required to collect or pay taxes on your purchase, they will be added to your charge or invoiced to you.

11.5 Refunds. Except as required by applicable law or as Maker expressly states at the time of purchase, payments are non-refundable, and we do not provide prorated refunds for partial billing periods or for unused Views or Credits.

11.6 Nonpayment. If fees you owe are past due, Maker may suspend or terminate your access to paid features or the Services as described in Section 16 (Suspension and Termination).

11.7 Enterprise plans. Pricing, billing, and payment terms for organizations with an Enterprise Agreement are set out in the applicable Enterprise Agreement and Order Form, which control over this Section 11 as described in Section 2 (Enterprise Agreements; Order of Precedence).

12.1 Ownership. The Services — including the Maker platform, software, embed code, interfaces, designs, templates, text, graphics, and other content Maker provides, but excluding Customer Content — are owned by Maker or its licensors and are protected by United States and international intellectual-property laws. Maker and its licensors reserve all rights not expressly granted in these Terms.

12.2 Your use rights are plan-scoped. These Terms grant you only the rights expressly stated, for the plan you are on; they do not transfer any Maker intellectual property to you. Those rights include using materials Maker provides through the features of the Services (for example, templates) within Customer Content that you create and publish through the Services — commercial publication of your own content is what the product is for.

12.3 Trademarks. “Maker” and Maker’s other trademarks, service marks, and logos are the property of Maker, Inc. You may not use them without Maker’s prior written permission.

12.4 Restrictions. Except as these Terms expressly permit, you may not copy, modify, distribute, sell, lease, publicly display, or create derivative works of any part of the Services or of content Maker provides, and you may not remove or obscure any proprietary notices.

You have no obligation to give Maker suggestions, ideas, or other input about the Services (“Feedback”). If you choose to provide Feedback, you grant Maker a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and incorporate it into the Services and Maker’s business for any purpose, without restriction and without compensation to you. This is a license, not a transfer: you keep any ownership rights you have in your Feedback. Maker has no confidentiality obligation with respect to Feedback, so please do not include confidential information in it. Feedback is not Customer Content.

14.1 Third-party sign-in and integrations. The Services may allow you to sign in using a third-party identity provider (for example, a social login or your organization’s single sign-on) or to connect the Services to third-party products and services, such as analytics tools and other integrations. Your use of any third-party service is governed by that third party’s own terms and privacy policy, not by these Terms, and you are responsible for complying with them. Maker does not control third-party services and is not responsible for their availability, security, functionality, or data practices, or for changes a third party makes that affect an integration.

14.2 Links. The Services and Customer Content may contain links to third-party websites and resources that Maker does not own or control. Links are provided for convenience only. A link does not mean that Maker endorses, or is responsible for, the linked site or its content, products, services, or practices.

14.3 Your dealings with third parties. Any dealings or transactions between you and a third party found on or through the Services — including other users and integration providers — are solely between you and that third party. Maker does not monitor those dealings, is not a party to them, and is not responsible for any loss or dispute arising out of them. You assume the risks of your dealings with third parties, and to the fullest extent permitted by law neither Maker nor its affiliates is liable for any loss, damage, or dispute arising out of your dealings with any third party, your use of any third-party service, or any third-party promotions, campaigns, or offerings accessed through the Services.

15.1 Respect for copyright; repeat infringers. Maker respects the intellectual-property rights of others and expects you to do the same. Do not publish Customer Content that contains copyrighted material belonging to others unless you have the right to use it. Maker responds to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), and it is Maker’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers.

15.2 Submitting a DMCA takedown notice. If you are a copyright owner, or authorized to act on behalf of one, and you believe material on the Services infringes your copyright, send our Designated Agent (Section 15.6) a written notice that includes:

1. (a) a physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
2. (b) identification of the copyrighted work or works claimed to have been infringed;
3. (c) identification of the material claimed to be infringing, with information reasonably sufficient to permit Maker to locate it (URLs are the fastest way to help us find content);
4. (d) information reasonably sufficient to permit Maker to contact you, such as your address, telephone number, and email address;
5. (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C. § 512(c)(3) for more information. A notice that does not include all of this information may not be effective under the DMCA.

15.3 How Maker responds. Upon receipt of a valid DMCA notice, Maker will act expeditiously to remove or disable access to the material identified in the notice and will take reasonable steps to promptly notify the user who posted it. Maker may also, in its discretion, remove or disable access to material it believes in good faith may infringe the rights of others, and may terminate the accounts of users it believes to be repeat infringers.

15.4 Counter-notice. If you believe material you posted was removed or disabled as a result of mistake or misidentification — including because you have authorization to use it or the use is otherwise lawful — you may send our Designated Agent a written counter-notice that includes:

1. (a) your physical or electronic signature;
2. (b) identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled;
3. (c) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. (d) your name, address, and telephone number; and
5. (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Maker may be found) and that you will accept service of process from the person who provided the original notice or that person’s agent.

If Maker receives a valid counter-notice, we will forward it to the person who submitted the original notice. Unless that person notifies us that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed material within 10 to 14 business days after receiving the counter-notice.

15.5 Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.

15.6 Designated Agent. Send DMCA notices and counter-notices to:

16.1 Cancellation by you. You may stop using the Services at any time. You may cancel a paid plan or close your account at any time using the cancellation or account-closure options in the Services, where available, or by contacting support@maker.co. Cancelling a paid plan stops future renewals; unless Section 11 (Fees and Billing (Self-Serve Plans)) or your Order Form states otherwise, your plan remains active through the end of the then-current billing period, and any effect of cancellation on fees already paid is as described in Section 11.

16.2 Suspension and termination by Maker. Maker may suspend or terminate your account, or your access to some or all of the Services, if: (a) you materially breach these Terms, including Section 10 (Acceptable Use); (b) you engage in fraudulent, deceptive, or illegal activity, or your use of the Services creates a material risk of harm to Maker, other customers, or third parties; (c) you fail to pay fees when due; (d) suspension or termination is reasonably necessary to address a security risk or protect the integrity or operation of the Services; or (e) Maker is required to act by law, legal process, or a governmental or law-enforcement request. Where practicable, Maker will give you notice before — or promptly after — suspending or terminating your account, and will describe the reason where the law and the circumstances allow. Maker may act without prior notice where necessary to comply with law, respond to a security incident, or prevent imminent harm. Where Maker determines that suspension is sufficient to address an issue, Maker may suspend access while the issue is investigated or resolved and restore access once it is. Maker may also terminate: (f) a free account, for any or no reason, on at least thirty (30) days’ notice to you; and (g) any account, if Maker discontinues the Services or the material features your plan uses, on at least thirty (30) days’ notice (or as much notice as is reasonably practicable) — in each case with the effect described in Section 16.4 (Effect of termination), including the export window in Section 16.4(c) for paid accounts. Closure of a free account for inactivity is governed exclusively by Section 16.3 and not by clause (f). Suspension or termination exercised in good faith under this Section 16 is without liability to you, to the fullest extent permitted by law and subject to Section 20 (Limitation of Liability); this does not limit any express refund or export rights under Section 11 (Fees and Billing (Self-Serve Plans)), Section 16.4, or your Order Form.

16.3 Dormant free accounts. Maker may close a free account that has been inactive for an extended period, but only after giving notice to the email address associated with the account and a reasonable opportunity to keep the account active.

16.4 Effect of termination. When your account is cancelled or terminated: (a) your right to access and use the Services ends, and the licenses Maker granted you under these Terms end with it; (b) you remain responsible for all amounts incurred before the effective date of cancellation or termination; and (c) for paid accounts, Maker will make Customer Content associated with the account available for export for at least sixty (60) days after cancellation or termination, except where export is prohibited by law or legal process or the account was terminated for fraud or illegal activity. After that export period (or, for free accounts, after closure), Maker may delete Customer Content associated with the account and will handle personal data as described in the Maker Privacy Policy (see Section 5 (Privacy)). Maker has no obligation to retain Customer Content after that period, except as required by applicable law. Maker-provided materials (for example, templates) that were incorporated into Customer Content during your term may continue to be used as part of that exported Customer Content after termination; this does not permit extracting those materials for standalone use or using them to create new content. Nothing in this Section limits Maker’s ability to preserve or disclose information as described in Section 5 (Privacy) where legally required.

16.5 Survival. The following survive cancellation, termination, or expiration of these Terms: Section 7 (Your Content), including Section 7.1 (your ownership) and Section 7.5 (your content representations), and, to the extent needed to complete any export under Section 16.4 and any deletion, the remainder of Section 7; Section 11 (Fees and Billing (Self-Serve Plans)), as to amounts accrued but unpaid; Section 12 (Maker’s Intellectual Property); Section 13 (Feedback); Section 16.4 (Effect of termination) and this Section 16.5; Section 19 (Disclaimer of Warranties); Section 20 (Limitation of Liability); Section 21 (Indemnification); Section 22 (Export Controls and Sanctions); Section 23 (Governing Law; Venue; Time to Bring Claims); Section 25 (General Terms); Section 26 (Contact and Reporting); and any other provision that by its nature should survive.

The Services evolve. Maker may add, change, or remove features or functionality, and may suspend or discontinue the Services in whole or in part, at any time. If a change will materially reduce the core functionality of a paid plan, Maker will use commercially reasonable efforts to notify you in advance by email or through the Services. Subject to Section 16.4 (Effect of termination) and, for organizations with an Enterprise Agreement, Section 2 (Enterprise Agreements; Order of Precedence), Maker will not be liable to you or any third party for modifying, suspending, or discontinuing the Services or any part of them.

Maker may make features available that are identified as alpha, beta, pilot, preview, early access, or similar (“Beta Features”). Beta Features: (a) are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind; (b) may be changed, suspended, or discontinued at any time, with or without notice, and may never be made generally available; (c) may be subject to separate or additional terms presented when you access them, which govern that feature to the extent of any conflict with this section; and (d) are excluded from any commitments Maker makes elsewhere in these Terms. Sections 19 (Disclaimer of Warranties) and 20 (Limitation of Liability) apply fully to Beta Features.

19.1 The Services, and all content and materials made available through the Services, are provided “as is” and “as available,” without warranties of any kind. To the fullest extent permitted by law, Maker and its affiliates, licensors, and suppliers disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

19.2 Without limiting Section 19.1, Maker does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any content or materials available through the Services — including Customer Content of other users and AI Output (see Section 8 (AI Features and AI Output)) — will be accurate, complete, reliable, or fit for your purposes. No advice or information, whether oral or written, obtained from Maker or through the Services creates any warranty not expressly stated in these Terms.

19.3 Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

20.1 To the fullest extent permitted by law, neither Maker nor its affiliates, directors, officers, employees, agents, licensors, or suppliers will be liable for any indirect, incidental, special, punitive, or consequential damages, or for any loss of profits, revenue, goodwill, or data, arising out of or relating to these Terms or the Services, under any legal theory (warranty, contract, tort including negligence, statute, or otherwise), even if Maker has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

20.2 To the fullest extent permitted by law, Maker’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amounts you paid to Maker for the Services in the twelve (12) months preceding the event giving rise to the claim. Maker is not liable for any failure or delay caused by events beyond its reasonable control.

20.3 Maker is not liable for Customer Content made available by other users or for the defamatory, offensive, or illegal conduct of any third party, and the risk of harm from the foregoing rests with you to the fullest extent permitted by law.

20.4 The limitations in this Section 20 are an essential part of the bargain between you and Maker and apply to the fullest extent permitted by law in the applicable jurisdiction, but they do not limit any liability that cannot be limited under applicable law. If you access the Services under an Enterprise Agreement, the liability terms of that agreement control to the extent they conflict with this Section 20, as described in Section 2 (Enterprise Agreements; Order of Precedence).

21.1 Your indemnity. To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless Maker and its affiliates, and their respective directors, officers, employees, agents, licensors, and suppliers, from and against any third-party claim, demand, action, or proceeding, and any resulting damages, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees), to the extent arising out of or relating to: (a) Customer Content, including any claim that Customer Content infringes, misappropriates, or violates a third party’s rights, except that this clause (a) does not cover a claim to the extent it arises solely from AI Output as generated by the Services (before any modification, selection, arrangement, or combination by you) or from unmodified templates or other materials Maker provides; (b) your violation of these Terms or of applicable law; (c) your infringement or violation of any third-party right, including any intellectual property, publicity, or privacy right; or (d) Customer Sites, including their content and operation and the notices, consents, and compliance obligations that apply to them.

21.2 Procedure. We will notify you of any claim subject to this Section 21, although a delay in notice does not relieve you of your obligations except to the extent the delay materially prejudices you. We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You will not settle any claim in a way that imposes any obligation or liability on Maker, or admits fault on Maker’s behalf, without our prior written consent.

21.3 Survival. This Section 21 survives any termination of these Terms and your use of the Services.

The Services are subject to United States export-control and economic-sanctions laws and regulations, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury’s Office of Foreign Assets Control. You will comply with all applicable export-control and sanctions laws in connection with the Services. You represent and warrant that you — and, if you are accepting these Terms for an organization, that organization — (a) are not listed on any U.S. government list of prohibited, denied, or sanctioned parties; (b) are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions or embargo; and (c) are not owned or controlled by anyone described in (a) or (b). You will not access or use the Services from any such country or region, will not permit any Authorized User or other person to do so, and will not use the Services for any purpose prohibited by applicable export-control or sanctions laws.

23.1 Governing law. These Terms, and any dispute or claim arising out of or relating to these Terms or the Services, are governed by the laws of the State of California, excluding its conflict-of-laws rules.

23.2 Venue. Any action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in San Francisco County, California. You and Maker each consent to the personal jurisdiction of those courts and waive any objection to venue there, including any objection that the forum is inconvenient.

23.3 Time to bring claims. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the date the claim accrues; claims not filed within that period are permanently barred.

24.1 Updates. We may update these Terms from time to time. The “Last Updated” date at the top of these Terms shows when they were last revised. Non-material changes (for example, clarifications, formatting, or corrections) take effect when the updated Terms are posted.

24.2 Notice of material changes. If we make material changes to these Terms, we will notify you before the changes take effect. If you have an account, we will notify you by email to the address associated with your account or by notice within the Services; for visitors without an account, we will give notice on our websites. The notice will designate a reasonable period (the “Notice Period”) after which the updated Terms take effect. Material changes apply prospectively only and do not affect any claim or dispute that arose before their effective date.

24.3 If you do not agree; acceptance. If you do not agree to the updated Terms, cancel your subscription or stop using the Services before the updated Terms take effect. If you continue to use the Services after the Notice Period ends, the updated Terms apply to you and your use of the Services from that point forward.

24.4 Enterprise Agreements unaffected. Updates to these Terms do not amend any Enterprise Agreement, and Section 2 (Enterprise Agreements; Order of Precedence) applies to each version of these Terms.

25.1 Assignment. You may not assign, transfer, or delegate these Terms, or any rights or obligations under them, in whole or in part, without Maker’s prior written consent, and any attempt to do so without that consent is void. Maker may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms bind and benefit the parties and their permitted successors and assigns.

25.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

25.3 No waiver. Maker’s failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if in writing, and only for the specific instance stated.

25.4 No third-party beneficiaries. These Terms are for the benefit of you and Maker only. They do not create any right or benefit in any other person, and there are no third-party beneficiaries to these Terms — except that the affiliates, licensors, suppliers, directors, officers, employees, and agents referenced in Section 19 (Disclaimer of Warranties), Section 20 (Limitation of Liability), and Section 21 (Indemnification) may rely on and enforce those Sections.

25.5 Relationship of the parties. You and Maker are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship, and neither of us has authority to bind the other in any respect.

25.6 Taxes on your activity. You are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. Taxes on fees you pay to Maker are addressed in Section 11 (Fees and Billing (Self-Serve Plans)).

25.7 Services operated from the United States. Maker provides and operates the Services from the United States. Maker makes no representation that the Services are appropriate or available for use in any other location. If you access or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with the laws that apply to you locally.

25.8 Notices. Maker may give notices under these Terms by email to the address associated with your account, through the Services, or by posting on maker.co, and those notices are deemed given when sent or posted. You are responsible for keeping the email address associated with your account accurate and current. Notices to Maker must be sent by email to legal@maker.co or by mail to the postal address in Section 26 (Contact and Reporting). Copyright notices must follow Section 15 (Copyright Policy (DMCA)).

25.9 Entire agreement; order of precedence. These Terms, together with any terms expressly incorporated by reference (including plan-specific terms presented at checkout and any supplemental terms for particular features, such as Beta Features under Section 18 (Beta and Pilot Features)), are the entire agreement between you and Maker regarding the Services and supersede all prior and contemporaneous agreements, communications, and understandings regarding the Services — except as provided in Section 2 (Enterprise Agreements; Order of Precedence). Nothing in these Terms supersedes, amends, or limits any Enterprise Agreement; if there is a conflict between these Terms and an Enterprise Agreement (including any Order Form forming part of it), the Enterprise Agreement controls for that organization and its Authorized Users, as described in Section 2. A standalone self-serve Order Form governs only the plan, fees, and usage allotments it sets and is otherwise subject to these Terms.

26.1 Reporting violations. Please report suspected violations of these Terms — including content or behavior that violates Section 10 (Acceptable Use) — to terms@maker.co. Where possible, describe your concern and include a link (URL) to the content or account in question. Maker may investigate reports and take any action it considers appropriate, including the actions described in Section 16 (Suspension and Termination), but Maker is not obligated to take any particular action or to respond to every report.

26.2 Contacting Maker. For support questions, contact support@maker.co. For legal notices, contact legal@maker.co (see Section 25.8 (Notices)). For copyright notices, follow the process in Section 15 (Copyright Policy (DMCA)).

26.3 Postal address.