Terms of Service

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

1. "User", "you", "your" refers to the registered user who may be a subscriber of the Website service or the registered user of the subscriber.
2. "Service(s)" refers to any services offered on or through this Website.
3. "Subscribing" refers to the process completed on the "Join" page of the Website.
4. "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.
5. "Who is considered a user?" — A user is any creator or manufacturer profile administrator, subscription administrator, subscription staff member with access to your Makersflow registered account via the registered email address or staff member email address.
6. "Website" refers to www.Makersflow.com.
7. "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 them 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 requests 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 conditions of this Agreement.

5. Registration

1. Only users over the age of 18 years may register to use this Website and its services.
2. In order to register on this Website, you must supply a valid email, post code, name and address details.
3. You are solely responsible for maintaining the confidentiality of your password and account.
4. 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.
5. Multiple registrations are prohibited, whether false or otherwise.
6. You are solely responsible for any and all activities occurring under your account including content posted.
7. Changes to registration details or passwords can be made by accessing the account details when logged in.
8. You agree to contact us immediately using the "Contact Us" section of the Website, if any unauthorized use or security incident occurs.
9. You agree to log off/exit from your account at the end of each session.
10. 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.

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.

7. Cancellation and Termination

1. 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.
2. 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.
3. 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.
4. 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.

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. 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.

9. Acceptable Use Policy

1. Only natural persons are allowed to create an account on this Website.
2. 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.
3. 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.
4. 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.
5. You are expressly prohibited from spreading harmful computer contaminants, like viruses, Trojans, worms, or other programs aimed at damaging, destroying, or interfering with any system.
6. We reserve the right to access your account and records for any reason, in our sole discretion.
7. 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.
8. 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.
9. You agree not to indulge in activities, such as framing, mirroring, or otherwise simulating the appearance of this Website.
10. You shall not engage in any action that has the resultant effect of interfering with the communication of the Website.
11. You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct.
12. 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.

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

1. 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.
2. We take every reasonable action to ensure the Website and its services are available at all 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 distributed by third parties.
8. 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 from the Website.
9. 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.

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. 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

1. Preservation of your data confidentiality, Grownwebdesign Pty Ltd shall use all reasonable commercial efforts to preserve the confidentiality and avoid the disclosure of your Confidential Information, unless strictly required otherwise by law;
2. Limit access to your Confidential Information to those of its employees or agents granted access rights by you through use of the Services;
3. Not at any time disclose, give, or transmit 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;
4. Not use any Confidential Information in any way other than for the purpose of providing the Services to you;
5. 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;
6. "Confidential Information" means all of your Data stored using the Services including your proprietary financial data, sales information, pricing or business information;
7. Other than as expressly provided in the Terms of Service, Grownwebdesign Pty Ltd obtains no proprietary rights of any kind to your Confidential Information;
8. If there is any conflict between this Data Confidentiality Agreement and the Terms of Service, the Terms of Service prevails.

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, 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.