Terms and Conditions

Introduction

These Terms and Conditions (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “customer”, “user”) and MakeIt Innovations, Inc., along with its agents, assigns, and affiliates ("Company", “MakeIt Innovations, Inc.”, “we”, “us”, or “our”), concerning your access to and use of the Makeit.io website as well as any other media form, media channel, mobile website or our mobile application (“Makeit.io”) related, linked, or otherwise connected thereto which is controlled by MakeIt Innovations, Inc. (collectively, the “Site”) and your access and use of our site, our mobile app, and our Services, that may be accessed by, any mobile or computing device you own or control in connection with our Services (collectively, the “Services”). You agree that by downloading the App, and/or accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE AND YOU SHOULD ALSO UNINSTALL OUR APP IMMEDIATELY.

You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 16 years of age, (2) have not at any time breached a contract with MakeIt Innovations, Inc., and (3) accept and agree to be bound by these Terms.

These Terms together with our Privacy Policy constitute the entire agreement between you and us, regarding your access to, and use of, the Site, the App, and any file sharing Services.

Supplemental terms and conditions or documents that may be posted on the Site and/or incorporated in our App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and/or the App after the date such revised Terms are posted.

The information provided on the Site and/or the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site and/or the Appis intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Site.

Intellectual Property Rights

MakeIt Innovations, Inc.’s Rights.

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Site and/or the App, and our Services. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and/or the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and/or on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and/or the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and/or the App, you are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Site and/or the App in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Site and/or the App, the Content and the Marks.

User Representations

By using the Site and/or the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site and/or the App through automated or non¬human means, whether through a bot, script or otherwise; (6) you will not use the Site and/or the App for any illegal or unauthorized purpose; and (7) your use of the Site and/or the App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or otherwise breach any of the above representations or warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or the App (or any portion thereof).

User Registration

You may be required to register with the Site and/or the App. After signing up to the app you can store and share documents with other users who are available on the App. As such, you will discover personalized file sharing services. You will be entitled to additional and exclusive benefits as the Makeit.io service has the ability to send paid transfers. This feature is extremely useful for freelancers and small companies that fulfill any orders online. When sending a paid transfer to the recipient, the user can receive the original work only if payment is made. Also, the recipient has the opportunity to preview the contents of the transfer, which is presented in a protected compressed quality format and applied watermark. Makeit accounts give the user access to services and functionalities that we can create and maintain from time to time and at our own discretion. We can support different account types for different types of Users. Different account types allow a user to work within different file size and quantity limits. The types of users on our Services are as follows:

Registered
Non registered

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. If you register for the Site and/or the App using your phone number, you agree to receive text messages and phone calls (from us or our third-party providers) with verification codes.

Fees and Payment

The service offers its users a purely web and mobile application that allows them to share files with each other for free. Our product is a file sharing service. Every registered user gets access to a personal account where he can store and share the documents he needs.

Content ownership, permissions and responsibility

Makeit does not claim any ownership of the Content you create, use, store or share through the Services and you are solely responsible for it. Also you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the Services. You acknowledge that download and/or access links can be forwarded and that recipients having access to such links, can access the Content it’s connected with.

By using the Services you warrant that you have, for any Content you create, use, store or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store and/or make the Content online available as part of the Services.

Makeit is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks.

Makeit requires a license from you with regards to the Content FOR THE SOLE PURPOSE OF OPERATING, ENABLING, AND IMPROVING THE SERVICES. Solely for this explicit purpose and until you delete the Content from the Services, you agree and acknowledge that by using the Services, you grant us an unlimited, worldwide, royalty-free license to (i) use, host, store, scan, search, sort, index, create previews and (ii) reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, cropping, adapting and translating) the Content. THE LICENSE PART UNDER (ii) DOES NOT APPLY TO Makeit FILE SHARING as set out in clause 2 of these Terms. For the avoidance of doubt, Makeit will not sell or advertise the Content: Makeit only requires the license FOR THE SOLE PURPOSE OF OPERATING, ENABLING, AND IMPROVING THE SERVICES.

Makeit does not provide any public search function, catalogue or listing to find Content.

Makeit may show you ads from advertisers and artists selected by Makeit (such as full-page wallpaper ads) when you use the Services.

More information on the use of your personal data and cookies (including for performance marketing) is available in our Privacy & Cookie Statement

Restrictions

Makeit respects your rights and expects that you respect those of others, including Makeit, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so

As a condition to make use of the Services you agree not to create, use, store or share any Content that:

features CSAI (child sexual abuse imagery);
is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
promotes racism, violence or hatred;
is factually inaccurate, false, misleading, misrepresenting or deceptive;
you don’t hold the rights to;
infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
infringes on or violates any applicable law or regulation; and/or
constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.

Prohibited Activities

You may not access or use the Site and/or the App for any purpose other than that for which we make the Site and/or the App available.

As a user of the Site and/or the App, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site and/or the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security¬-related features of the Site and/or the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site and/or the App.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site and/or the App.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the platform in order to harass, abuse, or harm another person.
Use the platform as part of any effort to compete with us or otherwise use the Site/App and/or the Content for any revenue generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and/or the App.
Attempt to bypass any measures of the platform designed to prevent or restrict access to the Platform, or any portion of the platform
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the platform to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and/or the App.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the platform, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the platform.
Use the Site and/or the App in a manner inconsistent with any applicable laws or regulations shall be prohibited use by reason of law.

Copyright Infringing

In case you notice that your intellectual property rights have been violated, follow the steps below:

Please contact support at support@makeit.com.
In the subject line specify "copyright infringing"
In the body of the message specify the link through which you found infringement of your intellectual property
Also, specify in the text of the letter your contact information, which will help us contact you

After your appeal, transfer will be temporarily blocked until all circumstances are clarified. You will be contacted by our moderators so that you can provide confirmation that this transfer contains your intellectual property.

Submissions and User Content

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or the App ("Submissions") provided by you to us are non¬confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Makeit.io does not analyze the content of the files when they are posted. The user shall be solely responsible for the materials he posts on the site. The Makeit administration has a special algorithm for recognizing prohibited materials. By posting such material, the user can be blocked pending examination of the circumstances, or his account can be deleted permanently.

Makeit offers users access to their own files. These files will be stored on our servers only for as long as the link is available.

Transfer Used

Registered User.
Each registered user is allocated 100Gb for personal use. The number of transfers is unlimited. The content of files in one transfer, shall not exceed 1000 files. Each created transfer must not exceed 5GB.

Non-registered User.
Makei.io allows unregistered users to send transfers that do not require payment. For such actions the user is allocated a temporary memory space of 2 GB. The duration of the transfer will be 7 days. At the end of the term, the transfer will be irrevocably deleted.

Transfer link generation.
One of the ways to send a client a transfer is through a generated link where the material that the sender (the user) has posted is located and that he wants to share with the recipient. The size and lifetime of this transfer directly depends on whether the user is registered at Makeit.io. The user can personally send the received link to the recipient via any convenient method.

Transfer email sent.
The second way is both the generation of the link and the automatic sending of the transfer link directly to the recipient. This method is possible only for registered users.

Protection of paid transfers.
To protect the user's paid transfers, Makeit.io uses watermarking and image compression to an optimal size. The recipient of the transfer will only be able to get the original work after paying for it in full. This protection eliminates the possibility of obtaining the original files. Funds will be credited to the user's connected payment system.

Third Party Websites and Content

The Site and/or the App may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site and/or the App or any Third Party Content posted on, available through, or installed from the platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any services you use from the platform. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

Advertisers

We may allow advertisers to display their advertisements and other information in certain areas of the Site and/or the App, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Site and/or the App (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Site and/or the App and any services provided on the platform or services sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We have no other relationship with advertisers.

Site and/or App Management

Makeit provides all the information necessary to help the user to send files and it is the sole responsibility of the User to contact Makeit.io in case of technical problems. We reserve the right, but not the obligation, to: (1) monitor the Site and/or the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any services (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and/or the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and/or the App.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site and/or the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the platform is hosted in United States. If you access the Site and/or the App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then you will be expressly-requested permission to transfer your data to United States and us specifically as a “controller” (or equivalent), or, to the extent legally-enforceable, through your continued use of the Site and/or the App, you are thereby transferring your data to United States, and you expressly consent to have your data transferred to and processed in United States and to us in specific. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Term and Termination

These Terms shall remain in full force and effect while you use the Site and/or the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND/OR THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND/OR THE APP AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site and/or the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We will not be liable to you or any third party for any modification or discontinuance of the platform.

We cannot guarantee the Site and/or the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the platform during any downtime or discontinuance of the platform. Nothing in these Terms will be construed to obligate us to maintain and support the platform or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and your use of the Site and/or the App are governed by and construed in accordance with the laws of United States, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Arbitration Rules of United States. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online by a single arbitrator appointed in accordance with the then-current rules. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the platform that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time, without prior notice.

Disclaimer

THE SITE AND/OR THE APP IS PROVIDED ON AN AS¬IS AND AS¬AVAILABLE BASIS. MAKEIT DOES NOT ANALYZE THE CONTENT OF THE FILES HANDLED; THEREFORE, IT SHALL NOT BE HELD RESPONSIBLE FOR ANY IMPROPER USE OF THE TOOLS OR FOR ANY INFRINGEMENT OF COPYRIGHTS WHICH COULD AFFECT THIRD PARTIES. YOU ALONE ARE RESPONSIBLE FOR THE CONTENT OF YOUR FILES. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, STORED, SHARED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD¬PARTY PROVIDERS OF SERVICES. AS WITH THE USE OF A SERVICE OR TRANSFER OF ANY CONTENT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, MAKEIT INNOVATIONS, INC.’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless MakeIt Innovations, Inc., including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with: (1) your use of the Site and/or the App; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any malfunction, damage or disruption to any network channel, or (6) any harmful act toward any other user of the platform with whom you connected via the Site and/or the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the platform for the purpose of managing the performance of the platform, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Notwithstanding any privacy-related laws or regulations to the contrary, we will not and cannot delete any data you have provided to us which is subsequently recorded to any distributed decentralized storage networks. You agree, to the extent you have instructed us, whether explicitly or implicitly to so-record such information, to hold us harmless and indemnify us (in the manner of the previous section) for any claims or damages founded upon the publication of and/or the inability to delete such information. The indemnification of the previous section shall be construed to include and encompass any third-party damages or claims founded upon your submission of data to us which cannot subsequently be removed or deleted.

Electronic Communications, Transactions, and Signatures

Visiting the Site and/or the App, sending us emails, and completing online forms constitute electronic communications. You hereby consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE AND/OR THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms and any policies or operating rules posted by us on the Site and/or the App or in respect to the platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site and/or the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact Us

In order to resolve a complaint regarding the Site and/or the App or to receive further information regarding use of the Site and/or the App, please email us at hello@makeit.io We will strive to review and respond to all requests as soon as possible.

MakeIt Innovations, Inc.

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