Terms of Service

Machinence Ltd. - Panel.machinence.io

Effective: 3 December 2024

Last Updated: 19 February 2026

Legally Binding

Important Legal Notice

These Terms of Service require all disputes between you and Machinence to be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (save after exhausting all arbitration and negotiation avenues). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

Please review Section 19 (Arbitration Agreement) below for the details regarding your agreement to arbitrate any disputes with Machinence.

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 at https://panel.machinence.io, our marketing 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

Company Name: Machinence Ltd.

Registration: England and Wales

Marketing Website: https://machinence.io

Application (App): https://panel.machinence.io

Registered Address:

128 City Road
London, Greater London
England, UK EC1V 2NX

Platform Properties operated by Machinence Ltd.:

These Terms apply to all properties above. References to "Service," "Platform," or "App" refer collectively to both domains operated by Machinence Ltd.

Legal: legal@machinence.io

Support: support@machinence.io

General Enquiries: info@machinence.io

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. By using the Service, you represent and warrant that you meet this age requirement.

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, and all references to "you" shall include such entity.

2.3 Account Registration and Security

You may be required to create an account to access certain features. When creating an account:

Notice: Machinence is not liable for any damage or loss due to unauthorised account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password. The Company shall not be liable for any loss or damage arising from your failure to maintain security of your account.

2.4 Account Restrictions

You shall NOT:

Machinence can refuse registration or cancel an account at its sole discretion at any time.

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 for lawful purposes. Machinence provides an AI-powered business platform that includes:

3.2 Reservation of Rights

All rights not expressly granted herein are reserved by the Company. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Machinence reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.

3.3 Restrictions on Use

You shall not, and shall not permit others to:

⚠️ Adult Content Prohibition: Machinence strictly prohibits the creation of adult content, pornographic material, or sexually explicit websites and online stores using our platform. This policy protects our payment processor relationships (Stripe prohibits adult merchant accounts), ensures legal compliance across jurisdictions, and maintains platform integrity. Violations will result in immediate account termination without refund.

3.4 Rate Limiting and Abuse

Abuse or excessively frequent requests to the Machinence website or other Products and Services may result in the temporary or permanent suspension of your account's access to the Products and Services. Machinence, at its sole discretion, will determine abuse or excessive usage. Machinence will make a reasonable attempt via email to warn the account owner prior to suspension.

4. Social Media Platform Integrations

Our Service allows you to connect and manage social media accounts from third-party platforms including but not limited to Facebook, Instagram, LinkedIn, TikTok, Twitter/X, YouTube, and Pinterest.

4.1 Authorisation and Permissions

When you connect a social media account, you:

4.2 Platform Compliance

You agree to:

4.3 Platform-Specific Terms

Meta Platforms (Facebook & Instagram)

By connecting your Facebook or Instagram account to Machinence, you authorise us to access and use your account data as described in our Privacy Policy. You acknowledge and agree to the following:

Your Responsibilities:

Data Deletion:

LinkedIn

By connecting your LinkedIn account, you authorise us to publish content to your profile or company pages.

Your Responsibilities: You are responsible for ensuring posted content is professional, accurate, and does not violate LinkedIn's policies or third-party rights.

TikTok (ByteDance) - Content Posting API

By connecting your TikTok account to Panel.machinence.io, you authorise us to upload videos, manage content, and access analytics on your behalf through the TikTok Content Posting API.

Authorisation and Scope:

Content Posting API Acknowledgement:

Original Content and No Watermarks:

Music Usage:

Commercial Content Disclosure:

Privacy Level Selection:

Interaction Settings:

API Compliance:

TikTok's Discretion:

Compliance Requirements:

Your Responsibilities: You are solely responsible for ensuring all uploaded content is original, complies with copyright laws, TikTok policies, and applicable regulations. You must ensure all music used is properly licensed, all branded content is disclosed, and all privacy and interaction settings are correctly configured before publishing. Panel.machinence.io is not liable for content violations, account bans, music copyright claims, or actions TikTok takes on your account.

Twitter/X

YouTube (Google)

4.4 Disconnection Rights

You may disconnect any social media account at any time through your account settings. Upon disconnection, we will cease accessing that platform's data and delete stored access tokens within 30 days.

5. User Content and Conduct

5.1 Your Content

Any text, graphics, photographs, or other information communicated to Machinence (collectively, "Content" or "User Content") belongs to the person who posted such content. You retain ownership of content you create, upload, or publish through our Service. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

By using our Service, you give Machinence a non-exclusive, free, worldwide licence for the duration of the applicable author's rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation:

Except as described in our Privacy Policy, Machinence will not be required to treat any Content as confidential. This licence terminates when you delete your content or account, except for content already published to third-party platforms.

5.2 Content Representations and Warranties

You represent and warrant that your User Content:

5.3 Prohibited Content

You may NOT create, upload, or publish content that:

🚫 ADULT CONTENT STRICTLY PROHIBITED ON ALL WEBSITES & STORES

Machinence has a zero-tolerance policy for adult content, pornography, and sexually explicit material on both websites and online stores. This prohibition includes but is not limited to:

Automated Detection: Our AI systems automatically scan all generated websites and online stores for adult content during creation. Sites and stores flagged for prohibited content will be immediately blocked from publishing and subject to account termination.

Enforcement: Violations result in immediate account suspension without prior notice, permanent ban from the platform, and forfeiture of all fees paid (no refunds for adult content violations). We reserve the right to report illegal content to appropriate authorities.

5.4 Content Monitoring and Removal

Machinence cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Machinence be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

We reserve the right to remove or disable access to any content that violates these Terms, without prior notice. We may also report illegal content to appropriate authorities. If you would like to report objectionable materials, please contact info@machinence.io.

6. AI-Generated Content and Shared Responsibility

Important: All outputs produced by Machinence's AI tools are advisory drafts intended for human review. You must verify every AI output before relying on or deploying it. Deploying an unverified AI output is at your sole risk and, as explained below, breaks the chain of causation between the AI output and any resulting harm.

6.1 Advisory Nature of AI Outputs

All content, text, code, documents, marketing materials, financial figures, legal drafts, and other outputs generated by the AI tools within the Service (collectively, "AI Outputs") are provided to you as advisory drafts, suggestions, and starting points for your own review and professional judgment. AI Outputs are not finalised work, professional advice, or a substitute for independent verification by a qualified human. The Service is a tool to assist you, not to replace human review.

6.2 Human-in-the-Loop Verification Obligation

Before you deploy, publish, send, rely upon, or otherwise use any AI Output in a live or production context (including publishing to a website, sending to a customer, filing with a regulator, or incorporating into a contract), you must ensure that a competent human reviews and verifies the AI Output for accuracy, legality, and appropriateness ("Human-in-the-Loop Verification").

You acknowledge that deploying or relying on an AI Output without Human-in-the-Loop Verification constitutes a failure on your part to take reasonable care. To the maximum extent permitted by law, where you deploy or rely on an AI Output without first conducting Human-in-the-Loop Verification, you do so at your sole risk, and any resulting loss or damage shall be regarded as having been caused by your own act or omission and not by any act, omission, or AI Output of Machinence.

This provision is intended to reflect the principle, confirmed by the UK Jurisdiction Taskforce Legal Statement on Liability for AI Harms, that the chain of causation between an AI system's output and any subsequent harm is broken where a human operator fails to verify that output.

6.3 Product-Enforced Verification Acknowledgements and Audit Logs

Where the Service presents a verification acknowledgement (for example, an "I have verified this output" checkbox, a confirmation prompt, or a similar control) before a high-risk action, you must not bypass, disable, or circumvent that control. By completing such an acknowledgement, you confirm that a human has reviewed the relevant AI Output before the action proceeds.

Machinence retains backend audit logs recording when such acknowledgements were given, by which user, and on what timestamp. You agree that these logs may be relied upon by Machinence to demonstrate that a human verified and approved the relevant output, and you agree not to disable, alter, or falsify these logs.

6.4 No Guarantee of Accuracy; Hallucinations

AI models may produce outputs that are incorrect, incomplete, fabricated ("hallucinated"), or otherwise unsuitable. Machinence does not warrant that any AI Output will be accurate, reliable, complete, legally compliant, or fit for any particular purpose. You bear all risk arising from reliance on AI Outputs, and you are solely responsible for any decision made on the basis of them.

6.5 Ownership of AI Outputs

Content generated by our AI tools (text, images, websites, marketing materials) based on your inputs is owned by you, subject to any limitations of the underlying AI models and third-party licences.

6.6 Professional, Regulated, and High-Stakes Use

If you use AI Outputs in a professional, regulated, or high-stakes context (including without limitation legal practice, accountancy, financial services, medical or healthcare, construction, or any field requiring licensed or certified professional judgment), you remain solely and fully responsible for ensuring that such use complies with the standards, regulations, and ethical obligations of your profession. Machinence's AI tools do not constitute, and must not be relied upon as, professional advice. You must apply your own professional judgment and comply with any applicable professional duty of care.

6.7 Acknowledgement of the Professional Standard of Care

You acknowledge that, in light of the developing legal framework concerning the use of artificial intelligence (including the position taken by the UK Jurisdiction Taskforce that professionals may be held to have acted negligently where they fail to use available AI tools that their peers reasonably use), the use of AI tools such as Machinence may form part of the expected standard of care in your profession or industry. Nothing in these Terms constitutes legal advice as to whether you should or must use AI tools; you should obtain your own professional advice on the standard of care applicable to your circumstances.

7. Fees, Payments, and Billing

7.1 Subscription Plans and Pricing

Launch & Scale Plan: £99/month (GBP)

Enterprise & Market Leader Plan: £150/month (GBP)

Additional User Seats: £45/month per user (GBP)

All plans include:

7.2 Payment Obligations

You agree to pay all applicable fees for paid Services. By subscribing:

7.3 Free Trial and Automatic Billing

New users receive a 7-day free trial. A valid credit or debit card is required at signup. You will not be charged during the trial period.

By starting a free trial, you expressly authorise Machinence to automatically charge your payment method at the applicable subscription rate immediately upon expiry of the 7-day trial period, unless you cancel before the trial ends.

You acknowledge and agree that: (1) providing your payment details at signup constitutes authorisation to charge at end of trial; (2) failure to cancel constitutes acceptance of the subscription and charges; (3) no refund will be issued for failure to cancel in time.

7.4 Non-Refundability

EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR EXPRESSLY STATED OTHERWISE, ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. NO REFUNDS WILL BE PROVIDED FOR PARTIAL MONTHS, UNUSED TIME, OR DOWNGRADED SUBSCRIPTIONS. REFUNDS ARE ONLY PROVIDED IN CASES OF BILLING ERRORS OR AT THE SOLE DISCRETION OF MACHINENCE.

7.5 Cancellation

7.6 Price Modifications

The Company reserves the right to modify pricing at any time. We will provide at least thirty (30) days' notice for recurring services. Price changes take effect at the start of your next billing cycle after the notice period. Continued use after the price change constitutes acceptance of the new pricing.

7.7 Taxes and VAT

All fees are exclusive of applicable taxes (including VAT, sales tax, goods and services tax) unless otherwise stated. You are responsible for paying all applicable taxes associated with your use of the Services. If you are VAT registered, you must provide your valid VAT number.

7.8 Payment Method and Processor

All subscription payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you authorise Stripe to charge your payment method and agree to Stripe's terms of service. We do not store your complete payment card details.

7.9 Failed Payments and Account Suspension

If a payment fails:

7.10 Additional Charges

Certain features may incur additional charges beyond your subscription fee, including but not limited to:

All additional fees will be clearly disclosed before you incur them, and you must explicitly authorise such charges.

8. Intellectual Property Rights

8.1 Machinence's Intellectual Property

The Service, including its software, design, text, graphics, logos, and all other content created by Machinence, is our exclusive property and is protected by copyright, trademark, patent, and other intellectual property laws of the United Kingdom and international treaties. Machinence owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation.

You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works of any part of the Products and Services owned by Machinence without our express written permission.

8.2 Licence to Use

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your business purposes, subject to these Terms.

8.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Service, you grant us an unlimited, perpetual, irrevocable, royalty-free, worldwide licence to use that feedback for any purpose, including incorporating it into our products and services, without any obligation to you.

8.4 Trademarks

Machinence, the Machinence logo, and other Machinence trademarks, service marks, graphics, and logos are trademarks or registered trademarks of Machinence Ltd. You are not granted any right or licence to use these marks without our prior written consent.

9. Copyright Infringement and DMCA Policy

9.1 Respect for Intellectual Property

Machinence respects the intellectual property rights of others and expects users to do the same. We will respond to valid notices of alleged copyright infringement in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA) and UK Copyright, Designs and Patents Act 1988.

9.2 Filing a DMCA Notice

If you believe that content on our Service infringes your copyright, please send a written notice to our designated Copyright Agent containing:

Copyright Agent Contact:
Email: legal@machinence.io
Subject Line: "DMCA Copyright Notice"

9.3 Counter-Notice

If you believe your content was removed in error, you may file a counter-notice with our Copyright Agent containing the information required under applicable law.

9.4 Repeat Infringer Policy

Machinence will terminate accounts of users who are repeat copyright infringers in appropriate circumstances and at our sole discretion.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at www.machinence.io/privacy-policy.

By using our Service, you consent to our data practices as described in the Privacy Policy, including the collection and processing of data from connected social media platforms. Use of the Products and Services and any personally identifying information submitted through the Products and Services, such as through our user interfaces containing community forums, is subject to our Privacy Policy.

10.1 Marketing Communications

By using the Products and Services, you are consenting to receive certain communications from us. For example, Machinence may send you newsletters about new Machinence features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further details on our marketing communications and unsubscribe instructions.

10.2 Electronic Communications

By using the Products and Services, you consent to receiving electronic communications from Machinence, including emails regarding your account, service updates, security alerts, and administrative messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Data Deletion: You may request deletion of your personal data at any time. Visit our Data Deletion page or contact legal@machinence.io.

11. Third-Party Services and APIs

11.1 Third-Party Integrations

Our Service integrates with various third-party services and APIs, including payment processors (Stripe, PayPal), social media platforms, domain registrars (Tucows), email providers, and other business tools. Your use of these third-party services is subject to their respective terms of service and privacy policies.

11.2 No Endorsement

The inclusion of third-party services does not imply endorsement or recommendation by Machinence. We are not responsible for the content, functionality, security, or practices of any third-party services.

11.3 Third-Party Changes

Third-party platforms may change their APIs, policies, pricing, or discontinue services at any time. Such changes may affect the functionality of our Service, and we disclaim all liability for disruptions caused by third-party changes.

11.4 Payment Processing

Payment processing services for merchants using our online store features are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By using Stripe through our platform, you agree to be bound by these agreements as they may be modified from time to time.

12. Payment Card Data Security (PCI DSS)

You are responsible for the security of cardholder data you possess or otherwise store, process, or transmit on behalf of your customers, or to the extent that you could impact the security of your customers' cardholder data.

If you accept payments through our platform, you must comply with the Payment Card Industry Data Security Standard (PCI DSS) and all applicable laws and regulations governing payment card data. Machinence uses Stripe for payment processing, which maintains PCI DSS Level 1 compliance.

Important: Never store complete payment card numbers, CVV codes, or magnetic stripe data. All payment card data must be processed through approved payment processors like Stripe.

13. Service Availability and Support

13.1 Service Uptime

Whilst we strive to maintain high availability, we do not guarantee uninterrupted access to our Service. Scheduled maintenance, updates, and unforeseen technical issues may temporarily affect service availability.

13.2 Support Services

We provide email support to all users. Response times may vary based on your subscription plan and the nature of your enquiry. We do not guarantee immediate responses or resolution of all issues.

13.3 Service Modifications

We may add, modify, or remove features from the Service at any time. We will make reasonable efforts to notify users of material changes that significantly impact functionality.

14. API Usage and Integration

14.1 API Access

If we provide API access, you must use it in accordance with our API documentation and these Terms. API keys and credentials are confidential and must not be shared or published.

14.2 Rate Limits

We may impose rate limits on API usage to ensure fair access and service stability. Excessive API requests may result in temporary or permanent suspension of API access.

14.3 API Changes

We reserve the right to modify, deprecate, or discontinue any API endpoints with reasonable notice. We are not liable for any disruptions to your integrations resulting from API changes.

15. Disclaimers and Warranties

"AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS"

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF:

No Guarantees

THE COMPANY DOES NOT WARRANT THAT:

Third-Party Platforms and Services

We are not responsible for the availability, policies, practices, or actions of third-party social media platforms or service providers. Changes to their APIs, terms, policies, or services may affect our functionality, and we disclaim all liability arising therefrom.

Use at Your Own Risk

You acknowledge that your use of the Service is at your sole risk. You are responsible for evaluating and bearing all risks associated with the use of any Content, features, or tools provided through our Service.

16. Limitation of Liability

16.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

16.3 Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the above limitations and exclusions shall apply to the fullest extent permitted by applicable law. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

16.4 Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the agreement between you and Machinence, and that the Service would not be provided to you absent these limitations.

16.5 Separate Liability Cap for AI Output Damages

NOTWITHSTANDING THE AGGREGATE LIABILITY CAP IN SECTION 16.2, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACHINENCE'S TOTAL AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ANY AI OUTPUT, INCLUDING ANY CLAIM BASED ON A MODEL HALLUCINATION, AN INACCURATE OR MISLEADING AI OUTPUT, OR ANY FAILURE OF THE AI MODELS UNDERLYING THE SERVICE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY, OR FIFTY BRITISH POUNDS STERLING (£50 GBP), WHICHEVER IS GREATER.

This separate and lower cap reflects the inherently probabilistic and non-deterministic nature of generative AI, the advisory status of AI Outputs under Section 6, and your obligation to perform Human-in-the-Loop Verification under Section 6.2. The existence of this separate cap is a fundamental element of the basis of the bargain between you and Machinence.

17. Indemnification

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

Defence and Settlement: We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims. You may not settle any claim without our prior written consent.

18. Termination and Suspension

18.1 Termination by You

You may terminate your account at any time by cancelling your subscription and deleting your account through settings, or by contacting us at support@machinence.io.

18.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if you:

18.3 Effect of Termination

Upon termination of your account:

18.4 Data Export

Before terminating your account, we recommend exporting your data. After termination, we are not obligated to provide access to or copies of your data, except as required by law.

19. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

19.1 Agreement to Arbitrate

You and Machinence agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be settled by binding arbitration, except that either party may take claims to small claims court if they qualify.

You agree to give up your right to go to court to assert or defend your rights under this contract (save after exhausting all arbitration and negotiation avenues). Your rights will be determined by a neutral arbitrator and not a judge or jury.

19.2 Informal Dispute Resolution

Before initiating arbitration, you agree to first attempt to resolve any Dispute informally by contacting us at legal@machinence.io. We will make good faith efforts to resolve Disputes within thirty (30) days of receipt of your notice. Both parties agree to negotiate in good faith to resolve the dispute.

19.3 Arbitration Procedure

If informal resolution fails, arbitration will be conducted as follows:

19.4 Class Action and Collective Proceedings Waiver

YOU AND MACHINENCE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDINGS. YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

19.5 Exceptions to Arbitration

Notwithstanding the above, either party may:

19.6 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@machinence.io within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and email address. If you opt out, all other terms of this Agreement will continue to apply.

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, without regard to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

20.2 Exclusive Jurisdiction

Subject to the arbitration provisions in Section 19, you agree that all disputes arising out of or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales, and you hereby waive any objection to such jurisdiction or venue.

21. Changes to Terms

Machinence reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Policies, in our sole and absolute discretion. Machinence may also freely assign or transfer this Agreement.

The most current version of these Terms of Service can be reviewed by visiting our website and clicking on "Terms of Service" located at the bottom of the pages of the Machinence website at www.machinence.io/terms-of-service. The most current version of the Terms of Service will supersede all previous versions. We will endeavour to post prior version(s) on our website when the Terms of Service are updated.

When we make material changes:

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Machinence regarding the Services and supersede all prior or contemporaneous agreements, communications, negotiations, or understandings, whether oral or written, between you and Machinence.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, deleted.

22.3 Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorised representative of the Company.

22.4 Assignment

You may not assign, transfer, delegate, or sublicence any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction or notice to you.

22.5 Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, pandemic, telecommunications failure, power failure, internet disruption, or shortages of transportation, facilities, fuel, energy, labour, or materials.

22.6 Survival

Sections pertaining to intellectual property rights, user content licences, payment obligations, disclaimers, limitation of liability, indemnification, arbitration agreement, governing law, and any other provisions that by their nature should survive, shall survive the termination or expiration of these Terms.

22.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

22.8 Language

These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

22.9 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms.

23. Contact Information

For questions or concerns about these Terms, or to provide any notices under these Terms, please contact us:

Legal Enquiries and DMCA Notices
legal@machinence.io

General Support and Questions
support@machinence.io

General Enquiries
info@machinence.io

Privacy Enquiries
privacy@machinence.io

Registered Address
Machinence Ltd.
128 City Road
London, Greater London
England, UK EC1V 2NX

Acknowledgement of Understanding

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

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