User Terms of Service
Last updated: March 1st 2022
I. AGREEMENT TO TERMS
I.1. This document, hereafter referred to as the “Terms of Service”, represents a legally binding agreement between (i) yourself, a person either acting on its own behalf or as a representative of another entity (“you”, “your”) and (ii) Machinations S.ar.l., a company of Luxembourgish nationality headquartered at 8 Op Bierg, Mamer, Luxembourg 8217, VAT number: LU30464284, National registration number: B226688, Business Permit / Autorisation Nr 10089993/0 (“Machinations.io”, “we”, “us” or “our”) concerning your access to and use of the http://machinations.io website, the my.machinations.io web application as well as any other medium or communication channel related, linked, or otherwise connected thereto (collectively, the “Service”).
I.2. By accessing and using the Service in any way, you signify that you have read, understood and agreed to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR THE SERVICES IN ANY MANNER AND YOU MUST DISCONTINUE USE IMMEDIATELY.
I.3. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. You must be over the age of majority in your jurisdiction, but in all cases, not less than 18 years old, to use the Service.
I.4. The Service or any information or feature provided by it is not intended for use or distribution in any jurisdiction where they are contrary to, or prohibited by applicable law or regulation, or within which we would be subject to any registration requirement. If you or the entity you are acting on behalf of, are located in or subject to such a jurisdiction, then you are solely responsible for compliance with applicable laws and regulations and your use of the Service is at your own initiative and risk.
II. CHANGES TO THE TERMS OF SERVICE
II.1. We reserve the right to modify these Terms of Service from time to time. If we modify these Terms of Service, we will indicate that we have done so in a timely and transparent manner and give you the option to accept or reject those changes. Your continued use of the Service shall constitute your acceptance of any modified Terms of Service.
III. OWNERSHIP AND PRIVACY
III.1. Unless otherwise indicated, the Service and all of its underlying assets (such as source code, databases, software configuration, audio, video, text, photographs, or graphics, as well as the Service documentation – accessible at https://docs.machinations.io – collectively, the “Service Content”) and the trademarks, service marks, and logos contained therein (the “Service Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and international conventions. The Service Content and the Service Marks are provided for your information and personal use only. Unless we expressly state the contrary and with respect to the fair use exceptions, no part of the Service and no Service Content or Service 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.
III.2. Provided that your use of the Service is within the applicable legal, regulatory and contractual boundaries, you may access and use the Service for any purpose (i.e., personal, commercial, educational etc.), depending also on the type of account you created (public vs paid), unless such use would be immoral or prejudicial to others.
III.3. We may refer to you as a user or customer, including by using your name and logo on our website and marketing or sales materials to identify you as a user or customer.
IV. CREATING A USER ACCOUNT
IV.1. If you wish to use the Service, you must register and create a user account (“User Account”) and for this purpose you must submit truthful and accurate information. You must update this information as necessary and we will, at any time, have the right to suspend or terminate your User Account and refuse any future use of the Service in case we are made aware that you have provided untrue, inaccurate, not current or otherwise incorrect or incomplete information. You are solely responsible in all respects for all use of (including any unauthorized use) your login credentials, and for protecting the confidentiality of your password. We also reserve the right to determine, in our sole discretion, that a particular username is inappropriate, obscene, or otherwise objectionable and to remove, reclaim or change it.
IV.2. When signing up for one of our paid plans, a Team will be created, and you will be able to add team members. All diagrams created by team members will be saved in the team folder. More details on how to organize and manage a Team can be found here: https://machinations.io/docs/team-management/
IV.3. User Accounts can be of 2 (two) types:
a) Paid (private) accounts
a.1. Paid (private) accounts are subject to the payment of subscription fees, according to the Pricing Plans available on the Machinations website. By creating a paid account, your user profile and the content you transmit, upload, publish or display (hereinafter “distribute”) on or through the Service (“User Content”) will be private.
a.2. All User Content related to a paid account is and will remain, your own property. We do not claim or take any ownership rights in the User Content. You only agree to grant us and our third-party providers (such as hosting providers, caching services, network operators etc.) a license that allows us to host, transmit and display your User Content to yourself or others, only to the extent necessary for providing the Service to you. This license shall extend and apply to all future providers and technologies that we may use to provide the Service in the future. We may modify your User Content in order to create different representations of it (such as previews, thumbnails, print-formatted content etc.) or to otherwise provide the Service, but we do not claim any ownership of your User Content or of those representations because of such modifications.
a.3. We do not monitor User Content, however, if we are made aware of it by any means, we may block or remove any such User Content or prohibit any use of the Service that constitutes a violation of these Terms of Service.
a.4. We will not share User Content with a third party (other than indicated under point a.2. above) unless directed by you (for example, if you elect to share your User Content with other users) or if you are part of a Team Account (defined below). We may share User Content if required to do so by law, or in the order to comply with applicable laws and regulations or to respond to a court order, subpoena, or search warrant. Whenever possible, we will notify you before making your User Content available to enable you to respond to the request yourself.
a.5. If you choose to share / make public any part of the User Content within the Community section of the Service, then you understand that the public User Content will be accessible and available to any person accessing the Machinations website or generally, the Service. For the avoidance of doubt, any User Content that you choose to make public or share, will have the status described at point IV.3.b.2 below, and by making such content public, you accept this.
a.6. Should you decide to turn any public User Content (content related to a public User Account or content that was shared by you within the Machinations Community) into private User Content, you can do this from the settings functions of your User Account. Please note that this will mean that the content will no longer be public, however, any person that had access to the User Content while such content was public, will continue to be able to use it, in accordance to point IV.3.b.2 below.
b) Community (free) accounts
b.1. Community (free) accounts are subject to the eligibility criteria detailed under section VII below on pricing tiers and eligibility. By creating a Community account, your user profile and User Content will be public and information concerning your user profile and your User Content will be available to all visitors of the Machinations website.
b.2. Any User Content created by or in connection to a Community (free) account will be considered dedicated to public domain and any person will be allowed to distribute, remix, adapt, and build upon the material in any medium or format, even for commercial purposes, without any obligation to mention or give credit to the creator. Should any such User Content be, in whole or in part, protectable by copyright, you acknowledge and agree that you are waiving any and all of your rights to such works under copyright law, worldwide, including all related and neighboring rights, to the extend allowed by law, and such User Content is dedicated to the public domain. For the avoidance of doubt, a CCO 1.0 Universal Public Domain Dedication Creative Commons license is automatically granted by you for all such User Content (as further detailed here: https://creativecommons.org/publicdomain/zero/1.0/legalcode).
b.3. Should you not want to waive all rights to the User Content (and any elements or works thereof) created in relation to your User Account, please register for a private (paid) account. For more details, please see section VII below on pricing tiers and eligibility.
c) Delete your account
c.1. If you want to delete your User Account, you may do so directly from the Settings section of your account, by pressing the “Delete Account” button. Following this process, your User Account will be deactivated immediately, and you will no longer be granted access to the account or your User Content and any public User Content will no longer be available in the Machinations Community. For the avoidance of any doubt, all User Content publicly available before deletion of the User Account (according to sections IV.3.a and IV.3.b above) will continue to be subject the usage rights under the CCO 1.0 Universal Public Domain Dedication Creative Commons license, as detailed under section IV.3.b.2 above.
c.2. All User Content will be kept by us for a 30-days period following deletion of the User Account, in a deactivated mode, and will be permanently deleted afterwards. Should you reactivate your User Account in the 30-days period mentioned above, all previously created User Content will continue to be available to you.
V. GENERAL RULES ON USER CONDUCT AND RESPONSIBILITIES
V.1. Your use of the Service is subject to all applicable local, national and international laws and regulations. Without limitation, you agree to not use the Service in any manner and not upload any User Content that:
• is illegal under or otherwise violates any applicable national or international law or regulation or would constitute, encourage or provide instructions for a criminal offense.
• is accomplished through automated or non-human means, whether through a bot, script or otherwise, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, or through creating user accounts by automated means or under false pretenses.
• attempts to upload or to transmit viruses, Trojan horses, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”, or any other material that in any way interferes with our other users’ uninterrupted use of the Service or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service;
• interferes with, disrupts, or creates an undue burden on the Service or the networks or services connected to the Service; systematically retrieves data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory, without written permission from us; has the purpose of collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited email; constitutes advertising or an offer to sell goods and services to our users.
• constitutes an attempt to impersonate another user or person or use the account of another user.
• circumvents, disables, or otherwise interferes with security-related features of the Service, including features that prevent or restrict the use or copying of any Service Content or enforce limitations on the use of the Service and/or the Service Content contained therein.
• constitutes an unauthorized framing of or linking to the site or the Service.
• tricks, defrauds, or misleads us or our other users, especially in any attempt to learn sensitive account information such as user passwords makes improper use of our support services or constitutes a false report of abuse or misconduct.
• violates the rights of any party (including without limitation rights of privacy and publicity).
• in any way exploits children under 18 years of age.
• infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party.
• introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• you do not have a right to transmit under the law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• has not been authorized by us or, in our sole judgment, may expose us or our other users to any harm or liability of any type.
V.2. It is your responsibility to ensure that you have the appropriate permissions to upload your User Content to the Service and, by creating, uploading or sharing any User Content, you represent and warrant, under penalty of, among others, suspension or termination of your User Account, that:
• the distribution and the access or download of your User Content do not and will not infringe any proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to enable us and our other users to access your User Content in any manner contemplated by these Terms.
• your User Content does not include names and likenesses of identifiable individuals or that you have obtained the consent, release, and/or permission of those individuals to create, distribute, transmit, display and make available for access, download, or copy such User Content.
• your User Content does not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• your User Content does not include any text, images, video, or other representations of ideas, facts or statements that may be obscene, violent, harassing, libelous, slanderous, or otherwise objectionable, or that may violate any applicable law, regulation, or rule.
V.3. We may provide within the Service certain areas for comments or interaction with other users of the Service. When posting a comment, or when interacting with another user of the Service, you must comply with the following criteria:
• the comment / interaction should not contain profanity or abusive, racist, offensive, or hate language.
• the comment / interaction should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• the comment / interaction should not contain references to illegal activity.
• the comment / interaction may not contain any false or misleading statements; and
• you may not organize or participate in campaigns encouraging others to post comments or initiate interactions, whether positive or negative.
V.4. We may accept, reject, or remove comments / interactions in our sole discretion. Comments / interactions are not endorsed by us, and do not represent our opinions or the views of any of our affiliates or partners. By posting a comment / initiating an interaction, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such comment / interaction.
VI. FEES AND PAYMENTS
VI.1. From time to time, we reserve the right to charge fees for the use of certain or all features of the Services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased.
VI.2. We accept the following forms of payment: Visa, Mastercard, PayPal. All prices will be shown in US Dollars and payments will be processed according to the mechanisms put in place by the payments processor we work with.
VI.3. You agree to provide current, complete, and accurate purchase and account information for all your purchases. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. The appropriate taxes will be added to the price of purchases whenever required by applicable law.
VI.4. We use a third party provider to process payment transactions and we do not transmit or collect your payment information. Any issues with payments should be directed to our third-party payment provider.
VI.5. You agree to pay all charges or fees at the prices in effect at the time of your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
VI.6. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.
VI.7. You can cancel your subscription at any time by contacting us using the contact information provide. Your cancellation will take effect at the end of the current paid term.
VII. PRICING TIERS AND ELIGIBILITY
VII.1. The Service and/or any of its components, features or options may be conditional upon a free or paid subscription and eligibility to a pricing tier (the “Pricing Tiers”). Some components, features or options may be available only to specific Pricing Tiers.
VII.2. You may choose and switch between any of the available Pricing Tiers as long as you meet the eligibility conditions for that specific Pricing Tier.
VII.3. The free Pricing Tier (Community account) shall only be available for personal, non-profit or academic usage and professionals with revenue or funding
under 100K USD. Any other type of commercial usage of the Service shall only be available for users with a paid subscription corresponding to their eligibility. Please note that User Account information and all User Content related to a Community User Account (free Pricing Tier account) is public information and will be accessible and available to use by any third parties, as detailed under section IV.3.b) of these Terms of Service.
VII.4. Your eligibility to a specific Pricing Tier (the “Tier Eligibility”) is determined by the amount of revenue grossed or funding raised by you or the legal entity on whose behalf of for whose benefit you are using the Service, in the previous twelve (12) months (the “Financial Status”), as indicated on the “Pricing” section of our website from time to time.
VII.5. By choosing a Pricing Tier, you state on your own responsibility that you are eligible for that specific Pricing Tier and that your Financial Status is within the limits of that Pricing Tier and you acknowledge that a false statement will constitute a breach of these Terms and will result in immediate termination of your access to the Service as well as your liability for any material, direct or indirect damages caused to us.
VII.6. If your Financial Status changes during the validity of your subscription, it is your obligation to adjust your Pricing Tier in order to reflect the changes.
VII.7. You may not create multiple subscriptions with different Pricing Tiers; any subscription must belong to the Pricing Tier for which you or the legal entity on whose behalf or for whose benefit you are using the Service are eligible, under penalty of suspension or termination of your access to the Service.
VII.8. You understand and acknowledge that we may independently collect information regarding your Financial Status and/or require you to provide reasonable information in order to determine or monitor your Tier Eligibility. Your refusal to provide such information will result in suspension or termination of your access to the Service.
VII.9. We reserve the right to change the Tier Eligibility criteria from time to time and we will inform all current subscribers of the changes. Such changes will not apply retroactively to ongoing subscriptions.
VIII. SUSPENSION AND TERMINATION
VIII.1. We reserve the right, in our sole discretion, to deactivate your User Account, remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any reason, with or without prior notice or explanation, and without liability. If we suspend your usage of any paid service, we will stop billing you during such suspension. You will not receive any refunds if your access to the Service is suspended or terminated due to your breach of these Terms of Service.
IX. THIRD-PARTY WEBSITES AND CONTENT
IX.1. As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
IX.2. The Service may contain (or you may be sent via the Service) 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 Service or any Third-Party Content posted on, available through, or installed from the Service, 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 Service 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 of Service 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 Service or relating to any applications you use or install from the Service. 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 products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or 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.
X.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Machinations.io are non-confidential and shall become the sole property of Machinations.io. Machinations.io shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
XI. DATA PROTECTION AND PRIVACY
XII. MODIFICATIONS TO THE SERVICE
XII.1. We reserve the right to modify, suspend, discontinue or terminate any or all portions of the Service with or without cause at any time and effective immediately. Machinations.io shall not be liable to you or any third party for any modification, suspension, discontinuation, or termination. Should you object to any modifications to the Service or become dissatisfied with the Service in any way, your only recourse is to immediately cease using the Service.
XII.2. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
XII.3. 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 Service. 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.
XII.4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• THE SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MACHINATIONS.IO DISCLAIMS ALL WARRANTIES OF ANY KIND, AS PERMITTED UNDER THE LAW, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• MACHINATIONS.IO MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) THE SERVICE OR ANY THIRD PARTY SERVICES, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR (ii) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR USER CONTENT. MACHINATIONS.IO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
• USE OF THE MACHINATIONS.IO SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.
XIII. LIMITATION OF LIABILITY
XIII.1. UNDER NO CIRCUMSTANCES SHALL MACHINATIONS.IO BE LIABLE TO YOU ON ACCOUNT OF (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (ii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR MACHINATIONS.IO SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MACHINATIONS.IO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF MACHINATIONS.IO OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED €100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
XIV.1. You agree to indemnify and hold Machinations.io, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Service, the User Content you provide, or any violation of these Terms of Service or of any law or the rights of any third party.
XV. COMMUNICATIONS AND NOTICES
XV.1. 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 SERVICE. 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.
XV.2. You acknowledge and agree that any communication sent by us to the email address you submit for the registration of your User Account will be considered valid and effective.
XVI.1. Waiver and Severability of Terms. The failure of Machinations.io to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Machinations.io. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
XVI.2. Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg applicable to agreements made and to be entirely performed within the Grand Duchy of Luxembourg, without regard to its conflict of law principles.
XVI.4. 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 Commercial Arbitration Rules of the The Arbitration Centre of the Chamber of Commerce of the Grand-Duchy of Luxembourg (“ACCCGDL”) and, where appropriate, the ACCCGDL’s Supplementary Procedures for Consumer Related Disputes (“ACCCGDL Consumer Rules”), both of which are available at the ACCCGDL website. Your arbitration fees and your share of arbitrator compensation shall be governed by the ACCCGDL Consumer Rules and, where appropriate, limited by the ACCCGDL Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. 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. Except where otherwise required by the applicable ACCCGDL rules or applicable law, the arbitration will take place in Grand-Duchy of Luxembourg. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
XVI.5. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in Grand-Duchy of Luxembourg, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
XVI.6. In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose. 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.
XVI.7. Restrictions. 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.
XVI.8. 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.
XVII.1. Although we will strive to keep the Service free of errors, it may contain from time to time typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
Last updated July 9th, 2020
I.1. Personal Data (or Data): Any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
I.2. Service: the http://machinations.io website, the my.machinations.io web application as well as any other medium or communication channel related, linked, or otherwise connected thereto, including any of our third-party website or social media profiles (collectively, the “Service”).
I.3. Usage Data: Information collected automatically through the Service (or third-party services employed by the Service), which may include: the IP addresses or domain names of the computers utilized by the Users of the Services, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Site) and the details about the path followed within the Site with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
I.4. User: The individual using this Site who, unless otherwise specified, coincides with the Data Subject.
I.5. Data Subject: The natural person to whom the Personal Data refers.
I.7. Data Controller: Machinations S.ar.l., a company of Luxembourgish nationality headquartered at 8 Op Bierg, Mamer, Luxembourg 8217.
I.8. Cookies: Small sets of data stored in the User’s device.
I.9. Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
II. TYPES OF DATA COLLECTED
II.1. The types of Personal Data that we collect, directly or through third parties, are: email address, first name, last name, Cookies and Usage Data.
We collect your email address in order to have an unique identifier for you and allow you to create and access your User Account. This is the only required type of personal data for using the Service.
II.2. We collect your first and last name in order to be able to address you in a friendly manner. You are not required to give your first and last name and you can request that we delete it without impacting your use of the Service unless you have made or are making payments to us, in which case we need your first and last name to fulfill our accounting legal obligations.
II.4. We – and some third-party services used in order to provide the Service – use Usage Data to determine the way in which our users use the Service and how we can improve its performance.
II.5. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Site.
II.6. You may contact us at firstname.lastname@example.org for any questions regarding the types of data collected from you and its processing.
II.7. We have no mechanism to monitor any third-party Personal Data distributed by our other users through the Service. Distributing Users are responsible for any such Personal Data and confirm that they have the third party’s consent to distribute it. If we are made aware that any such Personal Data was distributed without the necessary content, we will remove it.
III. METHODS AND PLACE OF PROCESSING THE DATA
III.1. Methods of processing. We take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and methods strictly related to the purposes indicated. In some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the Service (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors. The updated list of these parties may be requested from the Data Controller at any time.
III.2. Legal basis of processing. We may process Personal Data relating to Users whenever it is necessary for the performance of an agreement with the User and/or for the purposes of our legitimate interests related to the Service.
III.3. Place of processing. The Data is processed at our operating offices located within the European Union.
III.4. Retention time. Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore, your Personal Data will be retained for as long as you maintain a User Account for the Service. Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
IV. THE PURPOSES OF PROCESSING
IV.1. The Data concerning the User is collected to allow us to provide the Service, as well as to compile analytical information, manage contacts and send messages to our Users, and to enable platform and hosting services.
V. DETAILED INFORMATION ON THE PROCESSING OF PERSONAL DATA
V.1. Personal Data is collected for the following purposes and using the following services:
- The services contained in this section enable the Data Controller to monitor and analyze web traffic and can be used to keep track of User behavior.
- Google Analytics (Google Inc.)
- Google Analytics is a web analysis service provided by Google Inc. (“Google”).
- Google utilises the Data collected to track and examine the use of the Service, to prepare reports on its activities and share them with other Google services.
- Google may use the Data collected to contextualize and personalize the ads of its own advertising network.Personal Data collected: Cookies and Usage Data.
ii. Mailing list or newsletter (this Service)
- By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who will receive email messages containing information of commercial or promotional nature concerning the Service.
- If you opt in, your email address will also be added to this list as a result of signing up to this Site or after making a purchase.
- Personal Data collected: email address, first name and last name.
iii. Managing contacts and sending messages
- This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
- These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
- MailChimp (The Rocket Science Group, LLC.)
- MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.
- Personal Data collected: email address, first name and last name.
iv. Platform and hosting services
- These services have the purpose of hosting and running key components of the Service, allowing the provision of this Site from within a unified platform.
- Such platforms provide a wide range of tools – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that require the collection and handling of Personal Data.
- Amazon Web Services (AWS) (Amazon Web Services, Inc.)
- Amazon Web Services is a hosting and backend service provided by Amazon.com Inc.
v. Interaction with live chat platforms
- This type of service allows Users to interact with third-party live chat platforms directly from the pages of this Application, for contacting and being contacted by this Application support service. If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.
- Intercom Widget (Intercom, Inc.)
- The Intercom Widget is a service for interacting with the Intercom live chat platform provided by Intercom, Inc.
VI. RIGHTS OF USERS
VI.1. Users may exercise certain rights regarding their Personal Data.
IV.2. In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Data Controller, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Data Controller will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Data Controller.
Receive their Data and have it transferred to another controller.
- Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
VI.3. Where Personal Data is processed for the purposes of the legitimate interests, Users may object to such processing by providing a ground related to their particular situation to justify the objection. However, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification.
VI.4. Any requests to exercise User rights can be directed to us through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by us as early as possible and always within one month.
VII. ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
VII.1. Legal action. The User’s Personal Data may be used as proof in case of legal action arising from using the Service.
VII.2. The User should acknowledge that we may be required to reveal Personal Data upon request of public authorities.
VII.3. System logs and maintenance. For operation and maintenance purposes, the Service and any third-party services may collect files that record interaction with the Service (System logs) that use other Personal Data (such as the IP Address) for this purpose.
VII.4. “Do Not Track” requests. The Service does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
VIII.2. Should the changes affect processing activities performed on the basis of the User’s consent, the Data Controller shall collect new consent from the User, where required.