Terms of Service

1. Acceptance of Terms

Makina ("Makina," "we," "us," or "our") operates the makina.so website, applications, AI agent platform, and related services (collectively, the "Service"). These Terms of Service ("Terms") govern your access to and use of the Service.

By creating an account, purchasing a plan, clicking to accept these Terms, or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service for a company or other organization, you represent that you have authority to bind that organization. In that case, "you" includes the organization and its authorized users. An order form, online checkout, or service-specific terms may contain additional terms. If they conflict with these Terms, the additional terms control for the relevant purchase or feature.

2. Description of the Service

Makina is a persistent AI agent platform that allows you to create, configure, and manage AI agents that can work on your behalf. Depending on your plan and the features available to you, the Service may include:

• AI agent creation, instructions, memory, conversations, and management;
• tasks, routines, schedules, and background execution;
• connections to email, calendar, messaging, file, and productivity services;
• hosted browser and computer tools;
• shared computer realms, workspaces, files, and artifacts;
• approval controls, action history, evidence, and receipts; and
• dashboards, notifications, usage information, and collaboration tools.

Features may differ by plan, location, device, organization settings, and release stage. A roadmap, preview, demonstration, or description of a planned feature is not a promise that the feature is available or will be released.

Words such as "agent," "bot," "assistant," "memory," and "computer" describe product functions. They do not mean that Makina or an AI agent is your legal agent, employee, fiduciary, broker, professional adviser, or representative.

3. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. The Service is not intended for anyone under 18.

When you create or use an account, you agree to:

• provide accurate, current, and complete information;
• keep your information and payment details current;
• maintain the confidentiality and security of your login methods, devices, recovery methods, and active sessions;
• use separate accounts for separate authorized users;
• promptly notify us of suspected unauthorized access; and
• accept responsibility for activity that you or your authorized users approve or perform through the account.

You may not impersonate another person, create an account using an identity you are not authorized to use, share an individual login, or transfer your account without our written permission.

If an organization provides or manages your account or workspace, its authorized administrators may manage users, permissions, connections, retention settings, exports, and organization-controlled content. Keep personal information and activity outside an organization workspace unless you intend the organization to control it.

4. Subscriptions and Payment

Paid plans

Some features require a paid subscription or other paid plan. The price, currency, billing interval, included usage, usage limits, and any overage or additional charges will be shown at checkout, in the Service, or in an order form. You authorize Makina and its payment provider to charge your selected payment method for amounts due, including applicable taxes.

Unless checkout states otherwise, subscription fees include access to the platform and the model, computer, storage, connector, and other usage included in your plan. Usage beyond the included amount may be limited, paused, or billed only when the applicable limit or price has been disclosed to you.

Automatic renewal and cancellation

Unless stated otherwise at purchase, subscriptions are billed in advance and renew automatically for the same billing interval until canceled. You may cancel through your account settings or by emailing contact@makina.so. Cancellation takes effect at the end of the current paid billing period unless checkout or applicable law says otherwise. You will retain access until then.

Canceling a subscription does not automatically delete your account or data unless the cancellation flow expressly says that it will. Section 11 explains account deletion.

Price changes

We may change prices prospectively. We will provide at least 30 days' notice before a price increase applies to a renewing subscription. If you do not agree to the new price, you may cancel before the renewal at which it takes effect.

Refunds and taxes

Except where required by law or expressly stated at checkout or in a written refund policy, fees are non-refundable after they are charged. This does not limit any statutory cooling-off, cancellation, conformity, or refund right available to you.

Prices exclude taxes unless stated otherwise. You are responsible for applicable sales, use, value-added, withholding, and similar taxes, except taxes on Makina's income. If a payment fails, we may retry the charge, limit paid features, or suspend access after reasonable notice.

5. Agent Instructions, Actions, and Approvals

Your instructions

Makina agents can interact with websites, applications, files, hosted computers, and connected accounts. They may create or edit files, send messages, schedule events, submit forms, update records, upload or download content, and take other actions supported by the Service. These actions can be immediate, public, difficult to reverse, or subject to a third party's rules.

When you submit a task, enable a routine, approve an action, or create a standing permission, you instruct and authorize Makina to use the capabilities you enabled for that purpose. You are responsible for ensuring that your instructions and the resulting actions are lawful, accurate, appropriate, and within your authority.

Approvals and standing permissions

Makina may ask you to approve an action or grant a limited standing permission. Review the action, target, recipient, amount, scope, duration, and other details before approving it. Revoke permissions that are no longer needed.

An approval does not:

• give you rights or authority you do not otherwise have;
• override applicable law or a third party's terms;
• guarantee that a third party will accept, preserve, or reverse an action; or
• prevent Makina from refusing or requiring additional confirmation for a risky or unsupported action.

Technical controls and approval prompts reduce risk but cannot eliminate every model, software, network, provider, or user error.

Background tasks

Tasks and routines may continue after you close the application, sign out, or stop viewing the task. Scheduled or event-triggered routines may begin without a new prompt. You are responsible for reviewing active routines, triggers, destinations, budgets, and permissions. Turning off a notification does not stop the underlying routine.

Receipts and uncertain outcomes

Makina may provide logs, screenshots, artifacts, or receipts describing an attempted or completed action. These records improve traceability but are not legal certificates, payment guarantees, or warranties of a third party's state. If an outcome is uncertain, verify the external service before repeating the action.

6. Connected Services, Credentials, and Realms

Connected services

You may connect third-party accounts and services to Makina. You represent that you own or are authorized to use each account and to permit the requested access and actions. You are responsible for complying with third-party terms and for charges incurred through your third-party accounts.

Third-party services may change, limit, reject, reverse, or discontinue their features at any time. Makina is not responsible for a third party's service, content, security, decisions, availability, or independent conduct. We may modify or discontinue a connection when necessary.

Credentials

You represent that you have the right to provide any API key, OAuth grant, or other credential you connect to the Service. Makina stores connector credentials in an encrypted token broker or secret store and uses them only to provide the authorized connection. Browser cookies and login state may remain in the protected browser profile associated with your computer realm.

Do not place passwords, authentication codes, private keys, recovery phrases, or full payment-card details in ordinary prompts, conversations, files, or support messages. Use the designated secure-entry or takeover flow when one is provided.

Computer realms and sharing

A Makina computer realm is a workspace and trust boundary. Agents and authorized people within the same realm may share files, browser login state, installed tools, connections, memories, and task history. An individual agent, screen, browser tab, or folder is not a separate security boundary.

Do not place people, accounts, organizations, or data with different confidentiality requirements in the same realm. If you join or create a shared realm, you are responsible for reviewing its members and sharing settings.

Hosted computers are components of the Service, not general-purpose private servers. We may pause, rebuild, replace, or update them for security, reliability, maintenance, and plan enforcement. Only content identified as synchronized or stored should be treated as durable.

7. Customer Content and AI-Generated Output

Your content

"Customer Content" includes prompts, messages, instructions, files, recordings, screen content, connected-service data, agent configurations, memories, and other content that you submit or make available through the Service.

As between you and Makina, you retain your ownership rights in Customer Content. You represent that you have the rights, permissions, and lawful basis needed to provide it and instruct us to process it. You may not submit content that is unlawful, infringes another person's rights, breaches confidentiality, or violates privacy or data-protection law.

You grant Makina and its service providers a worldwide, non-exclusive, limited license to host, copy, transmit, display, transform, and otherwise process Customer Content as reasonably necessary to provide, secure, maintain, and support the Service; follow your instructions; prevent abuse; enforce these Terms; and comply with law. This license ends when the content is deleted from our systems, subject to the retention and backup practices described in our Privacy Policy.

AI-generated output

Subject to applicable law and third-party rights, Makina assigns to you any rights it may have in output generated specifically for you. Output may not be unique, and other users may receive similar output. Makina does not promise that output is eligible for intellectual-property protection or that it does not infringe a third party's rights.

Makina does not use Customer Content to train generalized AI models unless you separately and affirmatively opt in. Feedback you intentionally submit about the Service may be used to evaluate and improve it, but providing ordinary Customer Content is not an agreement to model training.

AI limitations

AI-generated content and agent decisions may be inaccurate, incomplete, outdated, offensive, or unsuitable. You must independently review important outputs and actions. Do not rely on the Service as the sole source of truth for legal, medical, financial, safety, employment, housing, education, insurance, credit, or other consequential decisions.

The Service is not a lawyer, doctor, accountant, financial adviser, broker, therapist, or emergency service. Do not use it to contact emergency services or make time-critical decisions affecting life, safety, or essential infrastructure.

8. Acceptable Use

You may not use, or help another person use, the Service to:

1. violate a law, regulation, court order, sanction, export restriction, contractual obligation, privacy right, intellectual-property right, or third-party platform rule;
2. access an account, device, system, network, file, message, or data without authorization or beyond the authorization given;
3. conduct phishing, impersonation, fraud, credential theft, credential stuffing, CAPTCHA defeat, malware activity, denial-of-service activity, vulnerability exploitation, or evasion of security controls;
4. obtain, expose, trade, or misuse passwords, tokens, session cookies, authentication codes, private keys, or other credentials;
5. send spam, bulk unsolicited messages, artificial engagement, deceptive reviews, harassment, threats, hateful abuse, or content that promotes serious violence or illegal activity;
6. create or distribute child sexual abuse material, sexualized content involving minors, non-consensual intimate content, or content that exploits or endangers a child;
7. conduct unauthorized surveillance, track a person without a lawful basis, or collect or disclose personal information at scale without authorization and required notice;
8. make unauthorized purchases, transfers, trades, refunds, wagers, or other financial actions, or operate regulated financial activity unless Makina has expressly approved and supports that use;
9. make or implement decisions with legal or similarly significant effects on another person without all required authorization, notices, assessments, safeguards, and meaningful human review;
10. upload malicious code or content designed to manipulate a model or tool into exposing information or taking an unauthorized action;
11. infringe, misappropriate, scrape, copy, or publish content when you lack the necessary rights or permission; or
12. misrepresent an AI interaction or AI-generated material as human where disclosure is required, or remove a required disclosure or provenance mark; or
13. interfere with the Service, consume disproportionate resources, mine cryptocurrency, resell hosted-computer capacity, or degrade another user's experience.

9. Service Restrictions and Enforcement

Makina and its licensors own the Service, including its software, interfaces, design, documentation, trademarks, and non-public technology. During the term of your account, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal personal or business purposes in accordance with these Terms and your plan.

Except where applicable law expressly permits otherwise, you may not:

• copy, sell, lease, sublicense, distribute, or make the Service available as a standalone service to third parties;
• decompile, disassemble, reverse engineer, or attempt to discover non-public source code, model weights, prompts, algorithms, security mechanisms, or trade secrets;
• bypass usage limits, approval gates, access controls, content controls, or security measures;
• use automated means to access the Service outside documented interfaces; or
• systematically extract or reproduce non-public Service information or protected elements to create a substitute or competing service.

These restrictions do not limit non-waivable rights, good-faith interoperability work permitted by law, or security research conducted under a vulnerability disclosure program we make available.

We may limit, quarantine, suspend, or terminate access when reasonably necessary to prevent harm, contain a security incident, comply with law, address nonpayment, protect third-party services or users, or enforce these Terms. We may act immediately for serious or repeated illegal activity, fraud, credential abuse, child exploitation, malware, security attacks, or conduct that creates an urgent risk. For other material breaches, we will ordinarily provide notice and a reasonable opportunity to correct the issue.

An account terminated for a serious violation is not eligible for a refund, except where required by law. You may appeal an enforcement decision by emailing contact@makina.so.

10. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, disclose, and retain personal information. Makina processes information as needed to provide the Service and as described in that policy.

If you provide personal information about another person, you are responsible for having a lawful basis, authority, and any required notice or consent. If you use Makina for an organization, you are responsible for your organization's instructions and legal obligations concerning its workspace data.

11. Service Availability and Termination

Availability and changes

We work to provide a reliable Service but do not guarantee uninterrupted or error-free operation. Maintenance, incidents, network conditions, third-party failures, security threats, and legal requirements may affect availability. A service-level commitment applies only if stated in a separate written order.

We may add, change, limit, or discontinue features. We will provide reasonable advance notice of a material reduction to a paid core feature when practicable. We may make immediate changes when needed for security, safety, law, abuse prevention, or an urgent operational issue.

Features identified as alpha, beta, preview, experimental, or early access may be incomplete, change without notice, have lower limits, or be discontinued. Do not rely on preview features for regulated, safety-critical, or irreversible work.

Termination by you

You may stop using the Service at any time. You may cancel a paid subscription as described in Section 4 and may delete your account through the available account settings or by contacting us.

Canceling a subscription and deleting an account are separate actions unless the interface expressly combines them. Export any content you want to keep before deleting your account.

Termination by Makina

We may suspend or terminate your account as described in Section 9. We may also discontinue the Service on reasonable advance notice. If we discontinue a prepaid Service for convenience, we will refund the unused prepaid portion unless a written order or applicable law provides a greater remedy.

When an account or realm is deleted or access is terminated, active tasks, routines, permissions, connections, and sessions are stopped or revoked, and the associated data is placed in our deletion process. Deletion may occur asynchronously, and limited information may be retained as described in the Privacy Policy. Amounts already due remain payable.

12. Disclaimer of Warranties

To the extent permitted by law, the Service, AI-generated output, actions, connectors, hosted computers, preview features, and third-party content are provided "as is" and "as available." Makina disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

We do not warrant that the Service will meet every requirement, operate without interruption, preserve temporary computer state, produce accurate or unique output, complete every task, identify every security risk, or cause a third party to accept or reverse an action.

Nothing in these Terms excludes a warranty, statutory guarantee, or consumer right that cannot lawfully be excluded or limited.

13. Limitation of Liability

To the maximum extent permitted by law, Makina and its affiliates, licensors, service providers, and personnel will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, opportunities, or data, arising from or related to the Service, even if advised that those damages were possible.

To the maximum extent permitted by law, Makina's total aggregate liability arising from or related to the Service or these Terms will not exceed the amount you paid Makina for the Service during the 12 months before the event giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded, including where applicable liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, or death or personal injury caused by negligence. They do not reduce any mandatory remedy or protection available to a consumer.

14. Changes to These Terms

We may update these Terms to reflect changes to the Service, our business, or applicable law. We will post the updated Terms, change the effective date above, and provide advance notice by email or through the Service when a material change adversely affects your rights. A change needed for security, safety, or law may take effect sooner.

The current version will be available at makina.so/terms. If you do not agree to revised Terms, you must stop using the Service and cancel before they take effect. Your continued use after the effective date constitutes acceptance where permitted by law.

15. General Terms

These Terms and any applicable order or service-specific terms are the entire agreement between you and Makina concerning the Service. They supersede prior or contemporaneous agreements and communications on that subject.

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, financing, reorganization, or sale of all or part of our business, subject to applicable law.

If a provision is found unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only.

You consent to receive contractual notices electronically at your account email or through the Service. Keep your contact information current.

Sections that by their nature should continue after termination will survive, including provisions concerning ownership, licenses, payment obligations, restrictions, disclaimers, liability, and general terms.

16. Contact

Questions, legal notices, and appeals concerning these Terms may be sent to:

Email: contact@makina.so
Website: makina.so