Terms of Use
Last updated: 18 May 2025
1. Introduction
Welcome to Macks AI. These Terms of Use (the "Terms") govern your access to and use of our websites, software, mobile applications, APIs and any related products or services (collectively, the "Services"). These Terms constitute a legally‑binding contract between you and Macks AI Ltd (registered in England & Wales, company no. 12345678) ("Macks AI", "we", "our", "us").
If you have any questions or concerns regarding these Terms or the Services, please contact us at:
Email: support@macks.ai
2. Changes to these Terms
We may amend these Terms from time to time to reflect changes to our Services, technology, legal or regulatory requirements. We will provide reasonable notice of any material changes by posting the updated Terms on our website and, where practicable, by email. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
3. Privacy and Data Protection
We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our Privacy Policy explains what personal data we collect, how we use it, and your rights. By using the Services, you acknowledge that your personal data will be processed as described in the Privacy Policy.
3.1 Children
The Services are not intended for children under 13 years of age. We do not knowingly collect personal data from children under 13. If you are a parent or guardian and believe your child has provided us with personal data, please contact us so that we can delete it.
4. Your Account and Eligibility
You must be at least 18 years old (or have the consent of a parent/guardian if aged 13–17) to create an account or otherwise use the Services. When creating an account you must provide accurate, complete and current information and keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
You may not:
- register an account using a false identity or information;
- allow anyone else to use your credentials;
- transfer your account to another person without our prior written consent.
If you are using the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms; references to "you" in these Terms include the organisation.
5. The Services
Macks AI provides cloud‑based artificial‑intelligence tools that allow users to generate, transform and analyse text, images and other media. Specific functionality available to you may depend on your subscription plan.
Subject to these Terms we grant you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Services for lawful personal or business purposes.
6. Acceptable Use
You agree not to use the Services to:
- infringe, violate or facilitate the infringement of another party's intellectual‑property, privacy or other legal rights;
- create, upload or share content that is illegal, harmful, fraudulent, defamatory, obscene, hateful, discriminatory, violent, abusive or otherwise objectionable;
- generate or disseminate misinformation or disinformation likely to cause public harm;
- impersonate any person or entity or misrepresent your affiliation;
- attempt to reverse‑engineer, decompile or derive the source code of the Services or underlying models;
- probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- scrape, harvest or index any portion of the Services or content (whether by manual or automated means) without our prior written consent;
- access the Services in a manner that imposes an unreasonable or disproportionately large load on our infrastructure;
- use the Services for the purpose of developing or improving competing products or services without a written agreement with us;
- violate any applicable law or regulation.
We reserve the right to suspend or terminate your access to the Services if you breach these Terms, our policies, or applicable law.
7. Intellectual Property
All intellectual‑property rights in the Services and in any materials published on or generated by the Services (excluding User Content, defined below) are owned by or licensed to Macks AI.
7.1 User Content
"User Content" means any text, images, prompts, data or other materials you upload to or generate using the Services. You retain all intellectual‑property rights in your User Content, subject to the licences you grant below.
7.2 Licence to Macks AI
By submitting or generating User Content, you grant Macks AI a worldwide, non‑exclusive, royalty‑free licence to use, host, store, reproduce, modify, create derivative works, publish and display such User Content for the purpose of operating, providing and improving the Services, complying with law and enforcing our policies. Where your subscription includes a private mode, we will not disclose your User Content to other users except as required by law.
7.3 Licence to Other Users
If your plan allows you to make User Content public or share it with others, you grant each user who can access that User Content a worldwide, non‑exclusive licence to use, reproduce, display and adapt it in accordance with these Terms.
8. Infringement & Notice‑and‑Takedown Procedure
We respect intellectual‑property rights and operate a notice‑and‑takedown procedure in accordance with the UK Copyright, Designs and Patents Act 1988. If you believe content on the Services infringes your copyright, please email legal@macks.ai with:
- your contact details;
- identification of the copyrighted work claimed to be infringed;
- identification and URL of the infringing content;
- a statement, made in good faith, that use of the material is not authorised; and
- a statement that the information provided is accurate and that you are authorised to act on behalf of the rights‑holder.
We may remove or disable access to allegedly infringing content and may terminate repeat infringers.
9. Fees and Payment
Some features of the Services are offered free of charge; others require payment ("Paid Services"). Pricing, subscription tiers and payment terms are set out on our website. By subscribing to a Paid Service you authorise us (or our payment processor) to charge the applicable fees to your chosen payment method on a recurring basis until you cancel. Prices are quoted in pounds sterling (GBP) and are exclusive of VAT unless stated otherwise.
You may cancel a Paid Service at any time via your account settings; cancellation takes effect at the end of the current billing period and we do not provide pro‑rata refunds except as required by law.
10. Referral Programme
From time to time we may offer incentives for users to refer others. Details will be published on our website and may be varied or withdrawn at any time.
11. Disclaimers
The Services and any content generated through them are provided "as is". To the fullest extent permitted by law, we exclude all warranties, representations and conditions, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non‑infringement, and any warranties that the Services will be uninterrupted or error‑free.
12. Limitation of Liability
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot be limited or excluded under applicable law.
Subject to the preceding sentence, Macks AI shall not be liable for any indirect, consequential or special loss, or for loss of profits, revenue, business, data, goodwill or anticipated savings. Our total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (i) £100 or (ii) the total fees you paid to us for the Services in the 12 months preceding the event giving rise to the liability.
13. Indemnity
You agree to indemnify and hold harmless Macks AI, its directors, officers, employees and affiliates from any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your User Content or your breach of these Terms.
14. Suspension & Termination
We may suspend or terminate your access to the Services immediately and without liability if we reasonably believe you have breached these Terms or applicable law, or to protect the integrity, security or reputation of the Services. You may terminate your account at any time via your account settings or by emailing support@macks.ai. Termination will not affect any accrued rights or obligations.
15. Governing Law & Dispute Resolution
These Terms (and any non‑contractual obligations arising out of or in connection with them) are governed by the laws of England and Wales.
15.1 Informal Resolution
We aim to resolve disputes quickly and amicably. Please contact us in the first instance at support@macks.ai.
15.2 Arbitration
If a dispute cannot be resolved informally within 30 days, either party may refer it to binding arbitration under the rules of the London Court of International Arbitration (LCIA). The seat of arbitration shall be London and the language shall be English. Judgment on the arbitral award may be entered in any court of competent jurisdiction. The parties waive any right to participate in a class‑action or representative proceeding. Nothing in this clause prevents either party from seeking interim injunctive relief in the courts of England and Wales.
16. Miscellaneous
Entire agreement: These Terms and any documents expressly incorporated constitute the entire agreement between you and Macks AI and supersede any prior agreements.
Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Third‑party rights: Except as expressly stated, no one other than a party to these Terms has any right to enforce any of their terms under the Contracts (Rights of Third Parties) Act 1999.
Waiver: Failure to enforce any provision shall not constitute a waiver.
Force Majeure: We are not liable for delay or failure to perform resulting from causes beyond our reasonable control.
Contact: Notices under these Terms must be in writing and delivered by email or post to the addresses above.
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