Terms of Service

1. Access Rights; Subscription Services; Ownership

1.1 Right to Access

Subject to these Terms and any limits set forth on the MakerHQ website (the “Website”), MakerHQ grants Customer a nonexclusive, nontransferable, revocable, non-sublicensable limited right to access and use the Subscription Services through the Website (the “Access Rights”), solely for Customer’s internal business or personal purposes during the Subscription Term (defined in Section 8.1). MakerHQ may, in its sole discretion, change or discontinue any part of the Subscription Services, including products available through the hub.

1.2 Registration

To access the Subscription Services, Customer must create an Account by submitting the information requested at registration (the “Registration Information”). Customer represents that all Registration Information is accurate, complete, and current, and that Customer will keep it up to date. If you are creating an Account on behalf of an organization, you represent that you have authority to bind that organization. To complete registration, you must be at least 18 years old.

1.3 Subscription Plans and Features

MakerHQ provides a shared business workspace and related tools. Features, usage limits, seats, integrations, and Fees may vary by Subscription Plan. This Agreement governs the MakerHQ core experience; feature-specific terms listed in Section 1.4 add requirements only for the corresponding features.

1.4 Feature-Specific Terms

The following feature-specific terms are incorporated into this Agreement by reference and apply when Customer uses the corresponding features:

• Client, Commerce, and Communications Terms: applies when Customer uses MakerHQ’s client and lead management, customer communications, portal, or order-intake features.
• Laser Settings Service Schedule: applies to Customer’s use of Laser Settings.

MakerHQ may add feature-specific terms when it launches additional capabilities. If feature-specific terms conflict with the body of this Agreement, those terms control solely for the features they govern.

1.5 Authorized Users

The Subscription Services may be accessed only by Customer and people Customer authorizes (each, an “Authorized User”), subject to the applicable seat limit. The current workspace experience supports up to ten seats unless the selected plan or in-product notice states otherwise. Owners control the workspace and membership; admins may manage permitted workspace settings and records; read-only users may view permitted records but may not make administrative changes. Customer is responsible for assigning roles appropriately, protecting shared workspace data, and the acts of its Authorized Users. MakerHQ may suspend an account or seat reasonably believed to threaten security or violate these Terms.

1.6 Service Access Requirements

MakerHQ will operate the Subscription Services for access through the Website. Customer is responsible for the hardware, internet service, and other resources required to access the Subscription Services. MakerHQ is not responsible for loss, corruption, or unavailability caused by Customer’s telecommunications, internet service, or hardware.

1.7 Proprietary Rights; No Implied Licenses

The Website, the Subscription Services (including all software code), the Documentation, the Analytics (defined below), and all content and materials that are not Customer Content (defined below), and all improvements, modifications, derivative works, or innovations made thereto and all Intellectual Property Rights therein (collectively, the “MakerHQ Materials”), are the exclusive property of MakerHQ and its licensors, even if such improvements result from suggestions or feedback provided by Customer. Except for the Access Rights expressly granted herein, all rights are reserved. These Terms do not convey to Customer any ownership or other Intellectual Property Right in the MakerHQ Materials. MakerHQ shall own all Intellectual Property Rights in any feedback Customer provides regarding the MakerHQ Materials, and Customer hereby assigns all such rights to MakerHQ.

“Intellectual Property Rights” means the exclusive rights held by the owner of a copyright, patent, trademark, or trade secret, including the rights to copy, publicly perform, publicly display, distribute, adapt, modify, create derivative works, exclude others from making, selling, or importing patented subject matter, and apply for any of the foregoing.

1.8 Analytics

“Analytics” means information, data, statistics, metadata, inferences, or associations generated by or from the Subscription Services or regarding Customer’s or its Authorized Users’ use of the Subscription Services. MakerHQ may create, collect, use, and disclose Analytics for product analysis, benchmarking, model improvement, and other business purposes in support of providing and improving the Subscription Services. Analytics will be in aggregate or anonymized form only and will not contain Customer Content.

1.9 Privacy

MakerHQ’s collection and use of personal information is governed by the MakerHQ Privacy Policy, as it may be updated from time to time.

1.10 Third Party Services

The Subscription Services may include, integrate with, or link to information, content, websites, or services from third parties (collectively, “Third Party Services”). MakerHQ is not responsible for any Third Party Services and makes no representations as to their availability, completeness, accuracy, or reliability. The terms applicable to any Third Party Service are those of the applicable third party, and Customer’s use of any Third Party Service is at Customer’s own risk.

1.11 Beta and Evolving Features

MakerHQ may identify features or plans as beta, preview, experimental, or early access. Those features may be incomplete, change materially, have limited support, or be discontinued. Customer should not rely on a beta feature as the sole system of record for critical data and should independently verify important outputs and exports.

2. Customer Responsibilities

2.1 Access Credentials

Customer will safeguard, and ensure that each Authorized User safeguards, the devices, computers, and networks used to access the Subscription Services and all login information, passwords, and security tokens (“Access Credentials”). Customer will notify MakerHQ immediately at contact@makerhq.com upon learning of any unauthorized use of Access Credentials, breach of security, or other event that may adversely impact MakerHQ or Customer. MakerHQ reserves the right, at its sole discretion and without liability, to take any action it deems necessary to ensure security, including terminating access or requiring credential changes.

2.2 Acceptable Use

Customer shall, and shall ensure that its Authorized Users, comply with all Applicable Laws (defined below) in the use of the Subscription Services. Customer will not, and shall ensure that its Authorized Users will not:

• make the Subscription Services available to anyone other than Authorized Users;
• commercially exploit, sell, resell, license, sublicense, rent, lease, or distribute the Subscription Services or include any portion in a service-bureau or outsourcing offering;
• copy, modify, or create derivative works based on the Subscription Services;
• frame or mirror any portion of the Subscription Services on any other website, server, or device;
• access the Subscription Services for monitoring availability, performance, functionality, or for benchmarking or competitive purposes;
• decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software component;
• interfere with or disrupt the integrity or performance of the Subscription Services or any data they contain;
• use the Subscription Services to send unsolicited or unlawful messages, store infringing or unlawful material, convey false or misleading information about your products, or transmit viruses, worms, malware, or other harmful code.

2.3 Compliance with Laws

Customer covenants that it will, and will ensure that its Authorized Users will, comply with all applicable laws, rules, regulations, and guidelines that govern or relate to the use of the Subscription Services, including consumer-protection, marketing, anti-spam, privacy, and data-security laws (“Applicable Law”). Customer specifically acknowledges its obligation to comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the California Consumer Privacy Act (CCPA/CPRA), and other federal and state statutes that may apply to Customer’s use of the Subscription Services. As between Customer and MakerHQ, it is Customer’s responsibility to ensure that all activities facilitated through the Subscription Services comply with Applicable Law.

3. Customer Content

3.1 Customer Content

Customer and its Authorized Users may upload, post, or otherwise make available certain information, data, and other content to or through the Subscription Services (collectively, the “Customer Content”). As between MakerHQ and Customer, Customer Content is and will remain Customer’s property. Customer grants MakerHQ a non-exclusive, royalty-free, worldwide license to host, copy, transmit, display, and otherwise process Customer Content only as necessary to provide, secure, maintain, and support the Subscription Services and to follow Customer’s instructions.

3.2 Customer Responsibility for Content

Customer is solely responsible for Customer Content, including its accuracy, quality, and conformity with Applicable Law. Customer represents and warrants that, during the Subscription Term, it has and will have all necessary rights and authority to provide MakerHQ with access to and use of the Customer Content, and that the Customer Content (a) is provided in accordance with Applicable Law; (b) will not infringe any Intellectual Property Right or violate the privacy, publicity, or other rights of any third party; (c) will not include sensitive personal data without lawful basis and appropriate consents; (d) will not contain viruses or other harmful components; and (e) will not constitute false or misleading material or encourage any unlawful activity.

3.3 Monitoring

MakerHQ has no obligation to monitor Customer Content. MakerHQ reserves the right to monitor Customer Content and to remove or refuse to transmit any Customer Content, to disclose Customer’s name and contact information to a third party who claims that any Customer Content violates that party’s rights, and to terminate or suspend Customer’s or any Authorized User’s access to all or part of the Subscription Services.

3.4 Return and Deletion of Customer Content

Customer is responsible for exporting Customer Content before terminating an Account or workspace. Removing an Authorized User does not delete shared workspace records controlled by Customer. After an Account or workspace terminates, MakerHQ may delete or de-identify Customer Content according to the Privacy Policy, the Data Deletion page, applicable retention periods, legal obligations, security needs, and the rights of other workspace members. Any export is subject to available product functionality.

3.5 Generated Images, SVGs, and Other Output

MakerHQ can transform uploaded images and create images, vector art, copy, mockups, recommendations, settings, summaries, and other output from prompts or workspace context (“Generated Output”). Inputs remain Customer Content. As between MakerHQ and Customer, and to the extent MakerHQ has any transferable rights, MakerHQ assigns those rights in Generated Output to Customer and otherwise grants Customer permission to use the Generated Output for its business, including producing or selling Customer’s own products. This does not grant rights in third-party material, and similar or identical output may be generated for others.

MakerHQ does not verify that an input or Generated Output is accurate, original, or non-infringing. Customer must have the rights needed for every prompt, upload, logo, likeness, brand, character, or other source material and is responsible for reviewing Generated Output before using, reproducing, selling, engraving, publishing, or distributing it. Generated Output is provided “as is” under Sections 5 through 7.

3.6 AI Assistant, Memory, Search, and Tool Actions

The MakerHQ assistant may use Customer Content, saved chats, personal memories, shared workspace facts, public web sources, and third-party AI providers to answer questions and perform supported actions. Personal assistant settings and personal memories are user-scoped; broader business information and records created through assistant actions may be shared with Authorized Users in the workspace according to their role.

AI responses, web results, calculations, classifications, and recommendations may be inaccurate, incomplete, outdated, or unsuitable. Customer must review important outputs, machine settings, pricing, client communications, files, and proposed or completed actions. MakerHQ is not a substitute for legal, tax, accounting, safety, medical, or other professional advice, and the assistant may not be used as the sole basis for high-impact decisions about a person.

Some tool actions can create or change workspace records. The interface may request confirmation for sensitive actions, but Customer remains responsible for the instructions it gives, the records it authorizes the assistant to access, and the resulting use of Customer Content. Data handling for AI features is described in the Privacy Policy.

4. Fees and Payment

4.1 Fees

MakerHQ may offer free, beta, monthly, annual, or feature-specific Subscription Plans. Before a paid purchase, the checkout or plan page will identify the price, billing interval, material limits, and renewal terms. Customer will not be moved from a free plan to a paid plan without affirmatively selecting a paid offer and authorizing payment. Except where applicable law requires otherwise, all Paid Fees are billed in U.S. dollars in advance, are final and nonrefundable, and no refunds or credits are provided for partial billing periods, unused time, cancellation, downgrade, or failure to use the Subscription Services. MakerHQ may, in exceptional circumstances and at its sole discretion, issue a refund or credit; an exception in one case does not create a right or obligation in another. Nothing in this paragraph limits rights or remedies that cannot be waived under applicable law. Price changes apply no earlier than the next renewal after reasonable notice. Customer represents that it may use the payment method provided and authorizes the disclosed recurring charges.

4.2 Taxes

Fees do not include any sales, use, value-added, or similar taxes. Customer is responsible for all such Taxes applicable to Customer’s purchases. Where MakerHQ is legally required to collect and remit such Taxes, MakerHQ may charge Customer for them, unless Customer provides a valid tax-exemption certificate.

4.3 Free Trials and Promotions

Any trial or promotion will be governed by the terms presented before enrollment, including its duration, price after the promotion, and whether it renews. An offer will convert to a paid plan only where Customer affirmatively accepts those terms and authorizes the charge. Customer may cancel through the available account billing controls before renewal.

5. Disclaimer

THE SUBSCRIPTION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MAKERHQ MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SUBSCRIPTION SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MAKERHQ DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

6. Indemnification

Customer shall indemnify, defend, and hold harmless MakerHQ, its affiliates, employees, contractors, officers, and directors from and against any damages, costs (including reasonable attorneys’ fees), and other liabilities arising from any third-party claim relating to (a) Customer Content; (b) Customer’s or any Authorized User’s breach of these Terms; or (c) Customer’s or any Authorized User’s failure to comply with Applicable Law in connection with use of the Subscription Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAKERHQ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBSCRIPTION SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO MAKERHQ DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT WILL MAKERHQ BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, DATA, OR USE, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER OR NOT MAKERHQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Term; Termination

8.1 Subscription Term

These Terms become effective on the date Customer accepts them (the “Effective Date”) and remain in effect until the Termination Date.

8.2 Termination

Customer may cancel a paid Subscription Plan through the available billing controls. Unless the offer states otherwise, cancellation stops renewal and paid access continues through the end of the already-paid billing period. Canceling a plan is not the same as requesting deletion of an Account or workspace. MakerHQ may suspend or terminate access for material breach, security risk, abuse, unlawful use, or nonpayment, and may discontinue a free or beta service with reasonable notice when practical.

8.3 Effect of Termination; Survival

When a paid period ends, Customer loses the features and limits included only in that plan but may retain access available under any free plan then offered. Account or workspace termination may remove access more broadly. Data is handled under Section 3.4, the Privacy Policy, and the Data Deletion page; termination is not a promise of immediate erasure from shared records, required records, or backups. Customer remains responsible for Fees incurred before termination. Sections that by their nature should survive, including ownership, Customer Content responsibilities, disclaimers, indemnity, liability limits, payment obligations, dispute terms, and applicable feature-specific terms, survive.

9. General

9.1 Marketing

MakerHQ may publicly identify Customer or use Customer’s name, logo, testimonial, or work in marketing only with Customer’s permission. Customer may withdraw that permission for future uses by emailing contact@makerhq.com.

9.2 Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to Section 9.3, the parties consent to the exclusive personal jurisdiction of the state and federal courts located in Maricopa County, Arizona for any disputes not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

9.3 Arbitration and Class Action Waiver

Customer and MakerHQ agree that any dispute, claim, controversy, or demand that relates to or arises from these Terms or the Subscription Services, other than disputes relating to MakerHQ’s Intellectual Property Rights or arising under Section 6, will be resolved by mandatory binding individual arbitration. Customer and MakerHQ each waive the right to a trial by jury and to participate in a class action. Either party may bring an individual action in a U.S. small claims court or seek temporary injunctive relief in a court of competent jurisdiction pending a final ruling from the arbitrator. Any arbitration will take place under the Consumer Arbitration Rules of the American Arbitration Association, in Maricopa County, Arizona, and the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party intending to commence arbitration must first send written notice of the dispute using the notice email in Section 9.6. The parties will use good-faith efforts to resolve the dispute directly for thirty (30) days before commencing arbitration.

9.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

9.5 Waiver; Remedies

A waiver or failure to enforce any provision on one occasion is not a waiver of that provision on any other occasion. Remedies provided herein are cumulative and not exclusive of any other remedies available at law or in equity.

9.6 Notices

Notices to Customer will be sent to the email address provided at registration. Notices to MakerHQ must be sent to contact@makerhq.com. Notices are effective upon receipt.

9.7 Entire Agreement

These Terms, together with any feature-specific terms and the Privacy Policy, constitute the entire agreement between the parties as to its subject matter and supersede all prior or contemporaneous agreements, proposals, or representations on the subject. No terms in any Customer purchase order or other document will be incorporated unless agreed in writing.

9.8 Amendment

MakerHQ may amend these Terms from time to time. For material changes, MakerHQ will provide at least thirty (30) days’ advance notice via email or in-platform notification. Continued use of the Subscription Services after the effective date of an amendment constitutes acceptance of the amended Terms.

9.9 Subcontractors

MakerHQ may engage subcontractors and service providers to act on its behalf in providing the Subscription Services, provided that MakerHQ remains responsible for their acts and omissions in connection with these Terms.

9.10 Assignment

Customer may not assign these Terms or any rights or obligations herein without MakerHQ’s prior written consent. Any attempted assignment in violation of this section is void. These Terms bind and benefit the parties and their respective successors and permitted assigns.

9.11 Force Majeure

Neither party will be liable for any delay or failure (other than payment of fees owed) resulting from causes beyond its reasonable control, including labor disputes, fire, flood, pandemic, internet outages, third-party service interruptions, or governmental actions, provided the affected party uses reasonable efforts to resume performance.

9.12 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between them.

9.13 Apple Trademark Notice

Apple and the Apple logo are trademarks of Apple Inc. App Store is a service mark of Apple Inc.

11. Contact

For questions about these Terms or to send legal notices, contact contact@makerhq.com.