Terms Of Service
Ensuring a positive environment for all
Published date:
12th December, 2023
Effective from:
12th December, 2023

Makerial is a service operated by DYNOBOTICS Ltd. (doing business as DYNOBOTICS), additionally referred to herein as ("Company," "we," "us," or "our").

This document outlines the rules and conditions for using Makerial, also identified herein as ("the Service").

1 Acceptance of Terms

By using the Service you agree to be bound by these terms in their entirety. If you do not agree with the terms, you must not interact with the Service.

The date of your acceptance is recorded, as are future published updates to these terms, and your subsequent acceptance. It will become necessary to re-confirm your acceptance as and when new Terms Of Service may be published in order to continue to access the Service.

You may decline to accept any updated terms, but this may limit or fully prevent further access.

2 Account Eligibility & Access

You must be 18 years or older to register for an account, or to access the Service.

The terms and conditions explained in this policy, and those of the Privacy Policy must be compatible with the laws of your region to ensure that both you, and the Service remain in full compliance with the law. If you do not believe this to be the case, or you are unsure, do not proceed to use the Service.

3 Your Responsibilities

You are solely responsible for the actions you take and any content you upload or share on or through the Service.

We have a zero tolerance policy toward hate speech, harassment or bullying, deliberate misinformation, spam or the repeated sending of the same or similar communications or content, or illegal content based on the laws of England or your own region.

Any action taken by you or content you share on or through the Service that violates the Terms Of Service will result in your account being suspended or terminated, as described in the section Termination.

4 Intellectual Property

We do not claim any ownership over the content you share. The content remains yours.

By uploading and/or sharing content to the Service you agree to grant us a perpetual, non-exclusive, royalty-free, transferable, and worldwide license to use, modify, adapt, reproduce, distribute, and display the content for the following purposes:

  1. to publish your content on the Service and to share your content with other members
  2. to make it suitable for use across multiple device types, formats, and sizes
  3. for any other purpose that retains the original intent and use of the content

You have the right to terminate the license by deleting your content subject to compliance with applicable laws. Upon such deletion, the license will be terminated.

You MUST have the necessary rights to the content that you share, by virtue of direct copyright ownership for content you create, or with permission from the copyright holder, or by means of fair use.

Any content you upload that breaches copyright of a third party and that is not covered by fair use or similar legal standing, will be subject to removal, either as part of our own moderation, or upon request of the copyright holder where a request is received and can be sufficiently validated.

5 Termination
5.1 Your Terminatation Rights

You may terminate your account at any time. To do so, login to the Service and navigate to Account Settings .

5.2 Our Termination Rights

We reserve the right to suspend or terminate any account without notice and at our sole discretion, for the reasons including but not limited to those stated below.

  1. Violation of this Terms of Service
  2. Any attempt, whether successful or not:
    1. to gain unauthorized access, interfere with the technical operations, to circumvent security, or impact availability of the Service, or the business or financial operations of the operating company DYNOBOTICS Ltd.
    2. to extract data regarding the Service infrastructure.
    3. to access, extract, modify, or delete the personal information we hold for our community members.
    4. to access, extract, modify, or delete the content shared by our community members to which you are not entitled to do so, especially where to do so would require circumventing access controls provided to them within the Service that they may have implemented to limit access.
  3. Any action to deliberately damage the reputation of the Service, whether published on or through the Service itself, or by any other means or form that may take.
  4. Payment for services or goods relating to, or purchased through the Service that remain unsettled beyond the stated terms at the time of the transaction.
  5. Any content that you share on the platform that breaches community guidelines where published, or the laws of England or other territories where we may operate.
  6. Where there is a legal or regulatory requirement to do so.

In the event that your account is suspended or terminated by us, we may retain your data in whole or parts thereof for as long as is required, notwithstanding the data retention periods described in the Privacy Policy.

This action will only be taken where necessary for the purpose of ensuring the safety of our members, the protection of the Service, the purposes of defending any legal claim against us, or other legal proceedings requiring evidence to be preserved. In such an events, we will only retain the data for as long as is absolutely necessary, and will subsequently delete the data in compliance with applicable laws.

6 Warranty Disclaimers

We aim to deliver a high level of availability of the Service. The Service is provided 'as is' and 'as available' without any representations or warranties of any kind, express or implied, whether using a no cost or paid service. We do not warrant the service to be error-free.

We may suspend, withdraw, or restrict the availability of all or any part of the Service without notice.

We take security seriously, of the Service and of your personal information therein. It is not claimed however that the Service is 100% secure, as this would not be a reasonable claim for any service or system connected to the Internet or accessible via the World Wide Web.

Further details can be found in our Security Information.

We take no responsibility for any content shared by you, other members, or any third party, on or through the Service.

You accept that any content viewed may not be factually correct, may be incomplete, may be objectionable based on your views or those of others, and that we are not responsible for any decisions you may make, or any impact of actions you may take as a result, based on anything shared on or through the Service.

The Service is not intended for direct use by children. Whilst there may be a level of moderation of the content shared on the Service, it is possible that content may not be suitable for children and it remains your responsibility to ensure you do not allow a child to view such content.

7 Indeminfication

YOU AGREE TO INDEMNIFY AND HOLD THE SERVICE, ITS OPERATOR DYNOBOTICS LTD., ITS OWNERS AND DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND EXPENSES (INCLUDING LEGAL FEES), WITHOUT LIMITATION, ARISING FROM OR IN ANY WAY RELATED TO ANY CONTENT YOU POST, STORE, OR TRANSMIT ON OR THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONDUCT IN CONNECTION WITH THE SERVICE, OR YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAWS.

In the event of any claim that is subject to indemnification under this section, we will provide you with written notice of the claim, demand, or action. Additionally, you agree that you will defend, at your own expense, any legal proceeding based on your action or content, and you will pay any costs, damages, and legal fees that a court may award, provided that we notify you in writing of the legal proceeding and give you reasonable notice and technical assistance to defend the claim.

8 Limitation Of Liability

By using the Service, you acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, or consequential damages, howsoever caused.

THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

The total liability of the Service or its operator DYNOBOTICS Ltd. for any claims arising from or relating to the services provided, whether in contract, tort, or otherwise, shall not exceed the total annual amount paid for the use of the Service by the account holder for the year in which the specific event occurred that gave rise to the claim, or £100 (GBP), whichever is the greater. The liability shall exclude any payments or transactions made in relation to, or through the Service to any third party for any reason.

9 Jurisdiction

The governing law for this policy shall be the laws of England.

Any legal matters pertaining to this or any other policy published on this Service, unless explicitly stated to the contrary, shall fall under the exclusive jurisdiction of the English courts.

10 Contacting Us Regarding This Policy

If you have any further questions or comments, you may also contact us by e-mail at support@makerial.com, or by post at the following address:

DYNOBOTICS Ltd.
71-75 Shelton Street,
Covent Garden,
London,
England,
WC2H 9JQ