Machinence - AI Business Platform

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Machinence Ltd. (“Machinence,” “Company,” “we,” “us,” or “our”), a company registered in England and Wales, governing your access to and use of our AI-powered business platform, website at https://machinence.io, and all related services, applications, and integrations (collectively, the “Service” or “Products and Services”).

We offer an online Software as a Service (SaaS) delivery model to provide AI website building solutions for end users. For example, we provide an AI website building tool available through our website, machinence.io, and through other user interfaces, that integrates with your website or social presence. This includes all features and functionalities, our user interfaces such as our website, and all content and associated software (in whole or in part, the “Products and Services”).

By accessing, registering for, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Machinence’s Privacy Policy, the Copyright Policy, and, if applicable, the EU Privacy Policy, the Data Processing Agreement (“DPA”) and the CCPA Notice (collectively, the “Policies”), before you may sign up for a Machinence Account or use any Machinence Services.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use our Service. Violation of any terms will result in termination of your account.

These Terms of Service, together with the Policies, constitute the entire agreement between you and Machinence and supersede any and all previous agreements, written or oral, between you and Machinence, including previous versions of the Terms of Service. Any failure of Machinence to enforce or exercise a right provided in these terms is not a waiver of that right.

1. Company Information

2. Eligibility and Authority

2.1 Minimum Age

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Services.

2.2 Authority to Bind an Entity

If you use the Services on behalf of a legal entity, you represent and warrant that you are authorised to bind such entity to these Terms.

2.3 Account Registration and Security

You may be required to create an account. You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your credentials
• Be responsible for all activities under your account
• Notify us immediately of any unauthorised access

Machinence is not liable for any damage or loss due to unauthorised account access resulting from your actions.

2.4 Account Restrictions

You shall NOT:

• Create multiple accounts
• Use false information
• Share credentials with others
• Transfer your account to another party
• Use another person’s account

Machinence can refuse registration or cancel accounts at its sole discretion.

3. Access and Use of the Services

3.1 Grant of Licence

Subject to compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services. Services include:

• AI website and online store creation
• Social media management
• Customer Relationship Management (CRM)
• Email marketing
• Invoicing
• AI content generation
• Analytics
• Domain management
• Bookkeeping
• HR management
• Legal document generation
• Company formation services (UK)

3.2 Reservation of Rights

All rights not expressly granted are reserved. We may modify, suspend, or discontinue any part of the Service at any time.

3.3 Restrictions on Use

You shall not:

• Modify, reverse engineer, decompile, or disassemble the Service
• Circumvent any security measures
• Use bots, scrapers, or automated tools except as expressly permitted
• Upload malware, viruses, or harmful code
• Use the Service for any illegal activity
• Distribute spam or unsolicited communications
• Exploit the Service for unauthorised information gathering
• Impersonate others or misrepresent your identity
• Create adult content

3.4 Rate Limiting and Abuse

Excessive requests or abusive usage patterns may result in temporary or permanent suspension of your access to the Service.

4. Social Media Platform Integrations

4.1 Authorisation and Permissions

When connecting social media accounts, you authorise Machinence to:

• Access platform APIs on your behalf
• Post content to your connected accounts
• Retrieve analytics and engagement data

4.2 Platform Compliance

You agree to comply with each platform’s terms of service and content policies when using our integrations.

4.3 Platform-Specific Terms

Meta (Facebook & Instagram)

Your use of Meta integrations is subject to the Meta Terms of Service, Community Standards, and Commercial Terms. Your responsibilities include:

• Only sharing content you have the rights to
• Not violating Meta’s policies through our Service
• Data deletion available at https://panel.machinence.io/DataDeletion

LinkedIn

Subject to the LinkedIn User Agreement and Professional Community Policies.

TikTok

Subject to the TikTok Terms of Service and Community Guidelines.

Twitter/X

Subject to the X Terms of Service and X Rules and Policies.

YouTube (Google)

Subject to the YouTube Terms of Service, Community Guidelines, and Google Privacy Policy.

4.4 Disconnection Rights

You may disconnect any social media account at any time through your account settings. Access tokens will be deleted within 30 days of disconnection.

5. User Content and Conduct

5.1 Your Content

You retain ownership of all content you create, upload, or publish through the Service. By using our Service, you grant Machinence a non-exclusive, worldwide licence to host, store, reproduce, display, distribute, edit, and process your content solely for the purpose of providing the Service. This licence terminates when you delete your content or your account.

5.2 Content Representations

You represent and warrant that your content:

• Is accurate and not misleading
• Does not infringe on any third-party rights
• Does not violate any applicable laws or regulations

5.3 Prohibited Content

You shall not upload, publish, or distribute content that is:

• Illegal or promotes illegal activity
• Infringing on intellectual property rights
• Containing malware or harmful code
• Defamatory, harassing, or threatening
• Hate speech or discriminatory
• Sexually explicit or pornographic
• Excessively violent or graphic
• Spam or misleading

5.4 Content Monitoring

We reserve the right to review, monitor, and remove any content that violates these Terms without prior notice.

6. AI-Generated Content

6.1 Ownership

AI-generated content created based on your inputs and prompts is owned by you.

6.2 No Guarantees

AI-generated content is provided “as is” without any guarantees of accuracy, completeness, or fitness for a particular purpose.

6.3 Your Responsibility

You are solely responsible for reviewing, verifying, and using any AI-generated content. Machinence is not liable for any consequences arising from your use of AI-generated content.

7. Fees, Payments, and Billing

7.1 Subscription Plans

7.2 Payment Obligations

Subscription fees are billed monthly in advance in GBP (£). All payments are processed securely via Stripe.

7.3 Free Trial

All plans include a 7-day free trial. Your subscription will automatically begin, and you will be charged, at the end of the trial period unless you cancel before the trial expires.

7.4 Non-Refundability

7.5 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access to the Service until the end of your current billing period.

7.6 Price Modifications

Machinence reserves the right to modify pricing at any time. We will provide at least 30 days’ notice before any price changes take effect.

7.7 Taxes and VAT

All fees are exclusive of applicable taxes, including VAT. You are responsible for paying any taxes associated with your use of the Service.

7.8 Payment Method

All payments are processed via Stripe. By providing your payment information, you agree to Stripe’s terms of service.

7.9 Failed Payments

In the event of a failed payment, we will attempt up to 3 retries over a 14-day period. If payment cannot be collected, your account will be suspended until the outstanding balance is resolved.

7.10 Additional Charges

The following services may incur additional charges:

• Domain registration and renewal fees
• Company formation service: £39.99
• Additional users: £45/month per user

8. Intellectual Property Rights

8.1 Machinence’s IP

The Service, including all software, designs, text, graphics, interfaces, and underlying technology, is the exclusive property of Machinence Ltd. and is protected by intellectual property laws.

8.2 Licence to Use

Your use of the Service is subject to a limited, non-exclusive, non-transferable, revocable licence. This licence does not grant you any ownership rights in the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Service, you grant Machinence an unlimited, irrevocable, perpetual, worldwide licence to use, modify, and incorporate such feedback without any obligation to you.

8.4 Trademarks

Nothing in these Terms grants you any right to use Machinence’s trademarks, logos, or branding without our prior written consent.

9. Copyright Infringement and DMCA Policy

9.1 Respect for IP Rights

Machinence respects intellectual property rights and responds to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

9.2 Filing a Notice

To file a DMCA notice, send the following information to legal@machinence.io:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorised
• A statement that the information in the notice is accurate, under penalty of perjury
• Your physical or electronic signature

9.3 Counter-Notice

If you believe your content was wrongly removed, you may file a counter-notice with the required information to legal@machinence.io.

9.4 Repeat Infringer Policy

Machinence will terminate the accounts of users who are found to be repeat infringers of intellectual property rights.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, available at www.machinence.io/privacy-policy.

10.1 Marketing Communications

By creating an account, you consent to receive certain marketing and promotional communications from Machinence. You may opt out of these communications at any time.

10.2 Electronic Communications

You consent to receiving electronic communications from Machinence, including service announcements, administrative messages, and updates related to your account.

Data Deletion

To request deletion of your data, contact us at legal@machinence.io.

11. Third-Party Services and APIs

11.1 Integrations

Our Service integrates with various third-party services and platforms. Your use of these integrations is subject to the respective third-party’s terms of service and privacy policies.

11.2 No Endorsement

Machinence does not endorse any third-party services or guarantee their availability, accuracy, or reliability.

11.3 Third-Party Changes

Changes to third-party platforms, APIs, or services may affect the functionality of our integrations. Machinence is not responsible for any disruption caused by third-party changes.

11.4 Payment Processing

Payment processing is provided by Stripe and is subject to the Stripe Connected Account Agreement, including the Stripe Terms of Service.

12. Payment Card Data Security (PCI DSS)

You are responsible for maintaining the security of any cardholder data processed through your use of the Service. You must comply with the Payment Card Industry Data Security Standards (PCI DSS) where applicable.

You must never:

• Store complete card numbers in an unencrypted format
• Store CVV/CVC security codes
• Store magnetic stripe data

13. Service Availability and Support

13.1 Service Availability

Machinence does not guarantee uninterrupted, error-free, or continuous access to the Service. We may perform scheduled or unscheduled maintenance at any time.

13.2 Support

Email support is provided to all users. Response times may vary depending on the nature and complexity of your enquiry.

13.3 Modifications

We reserve the right to modify, update, or remove features of the Service at any time without prior notice.

14. API Usage and Integration

14.1 API Use

You agree to use any APIs provided by Machinence in accordance with the applicable documentation and guidelines.

14.2 Rate Limits

Rate limits may be imposed on API usage. Exceeding these limits may result in temporary or permanent suspension of API access.

14.3 API Modifications

We may modify, deprecate, or discontinue APIs with reasonable notice. Machinence is not liable for any impact such changes may have on your integrations.

15. Disclaimers and Warranties

16. Limitation of Liability

16.1 No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACHINENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

16.2 Aggregate Liability Cap

MACHINENCE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED POUNDS STERLING (£100 GBP).

16.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, these limitations shall apply to the fullest extent permitted by applicable law.

16.4 Fundamental Basis

The limitations of liability set forth in this section are a fundamental element of the basis of the bargain between Machinence and you. The Service would not be provided without such limitations.

17. Indemnification

You agree to indemnify, defend, and hold harmless Machinence, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Your content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations

Machinence reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

18. Termination and Suspension

18.1 Termination by You

You may cancel your account at any time through your account settings or by contacting support@machinence.io.

18.2 Termination by Us

Machinence may suspend or terminate your account immediately, without prior notice, for any of the following reasons:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Risk to other users or the platform
• Security breach or threat

18.3 Effect of Termination

Upon termination:

• Your access to the Service will end immediately
• Your data will be deleted in accordance with our Privacy Policy (typically within 30–90 days)
• Content previously published to third-party platforms will remain on those platforms
• Websites and online stores created through the Service will be taken offline
• Outstanding fees remain due and payable
• Sections that by their nature should survive termination will survive

18.4 Data Export

You are responsible for exporting your data before terminating your account. Machinence has no obligation to provide access to your data after termination.

19. Arbitration Agreement and Class Action Waiver

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

20.2 Jurisdiction

Subject to the arbitration agreement above, the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from these Terms.

21. Changes to Terms

Machinence reserves the right to modify these Terms at any time. When material changes are made:

• We will provide at least 30 days’ notice
• We will update the “Last Updated” date at the top of these Terms
• We will notify you by email

Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Policies, constitute the entire agreement between you and Machinence regarding your use of the Service.

22.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.3 Waiver

The failure of Machinence to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Machinence. Machinence may freely assign its rights and obligations without restriction.

22.5 Force Majeure

Machinence shall not be liable for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, pandemics, government actions, or failures of third-party services.

22.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, indemnification, limitation of liability, and arbitration provisions.

22.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

22.8 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

22.9 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any third party.

23. Contact Information