The following Terms of Service ("Agreement") govern the use of digital infrastructure services and products ("Services") provided by Ergomake ("we" or "our"). By accessing or using any part of our Services, you agree to be bound by the terms and conditions outlined in this Agreement. Read the Agreement carefully before using any of our Services. If you do not agree to these terms and conditions, you may not access or use our Services.
Our Services are not intended for use by individuals under the age of 13 (or 16 in the European Union). By using our Services, you represent that you are of legal age to enter into a binding contract. Use of our Services requires registration and creation of an account with Ergomake. You agree to provide accurate and complete information during the registration process and will be solely responsible for all activities that occur under your account. It is your responsibility to maintain the confidentiality and security of your account information, including your password and any private tokens or access keys.
This Agreement applies to any upgrades or new features that may be added to our Services. By using any new or upgraded features, you agree to be bound by this Agreement.
Some of our Services are provided for a fee, while others may be offered in a free tier with optional paid upgrades or additional features ("Paid Services"). By subscribing to any Paid Service, you agree to pay the fees associated with it, which will be billed to you in advance at regular intervals, such as monthly, quarterly, annually, or bienally. These fees are non-refundable, and you agree that we may charge your payment method for the relevant fees.
You can cancel your subscription at any time by contacting our support team, but please note that we will not provide refunds for any unused portion of the service. If you cancel your subscription, your access to the Paid Services will be terminated at the end of the billing cycle. We reserve the right to change the fees for our Paid Services at any time, and such changes will be effective immediately upon notice to you.
If payment for any of our Paid Services fails or is not received on time, we reserve the right to immediately cancel or suspend your access to those Services. In the event that you contact your bank or credit card company to decline or reverse the charges for any of our Paid Services, we may revoke your access to our Services entirely. We will make reasonable efforts to contact you and notify you of any issues with payment before taking action to cancel or suspend your access.
Our Paid Services are designed to ensure uninterrupted service, which means that they are set up to automatically renew unless you cancel them before the end of the applicable subscription period. By subscribing to a Paid Service, you authorize us to invoice you and collect the subscription fee (plus applicable taxes) through any payment method we have on record for you. The renewal period for your Paid Services will be the same as the initial subscription period.
For instance, if you sign up for a monthly plan, you will be charged each month on the renewal date. As previously mentioned, you can cancel the automatic renewal of your Paid Services at any time by contacting our support team.
Cancellation of any Paid Service is permitted at any time, but refunds will be issued at our discretion.
We reserve the right to modify our fees at any time, with or without advance notice. If we do make changes to our fees, we will notify you in advance of the changes. If you do not agree with the fee changes, you may cancel the relevant Paid Service at any time.
All Ergomake or third party intellectual property rights are exclusively owned by Ergomake and are not transferred to you through this Agreement. You acknowledge and agree that Ergomake, Ergomake.dev, the Ergomake logo, and all other trademarks, service marks, graphics, and logos used in association with Ergomake.dev or our Services, are trademarks or registered trademarks of Ergomake or Ergomake's licensors. Any other trademarks, service marks, graphics, and logos used in connection with our Services may belong to their respective third-party owners. Your use of our Services does not grant you any rights or license to reproduce or otherwise use any Ergomake or third-party trademarks without the prior written consent of the respective owner.
Whereas Ergomake requires that others respect its intellectual property rights, Ergomake equally respects the intellectual property rights of others. If any material on or linked to by Ergomake.dev is suspected to infringe on your copyright, you are urged to notify Ergomake in adherence to Ergomake's Digital Millennium Copyright Act ("DMCA") Policy. Ergomake will respond to all such notices, including, as necessary or appropriate, the removal of the infringing material or disabling all links to the infringing material. If, under suitable circumstances, it is determined that a visitor is a repeat infringer of the copyrights or other intellectual property rights of Ergomake or others, Ergomake will terminate the visitor's access to and use of the website. Upon such termination, Ergomake shall have no obligation to provide a refund of any amounts previously paid to Ergomake, and shall not be held liable for any damages or losses resulting from such termination.
Your use of the Services is governed by this Acceptable Use Policy. We reserve the right to determine, in our sole discretion, whether any use of the Services violates this policy, and if we determine that it does, we may suspend or terminate your account or provide you with a warning.
You are prohibited from engaging in any of the following actions on the platform, and you may not permit any third party, including your end-users, to engage in these actions:
We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms and Conditions on our website. We may also provide notice to you of such changes by sending an email to the email address associated with your account, or by posting a notice on our website or other public medium of communication associated with our website. Your continued use of the website after any such changes will be deemed acceptance of such changes.
Ergomake and its suppliers and licensors provide the Website and Services on an 'as is' and 'as available' basis. To the fullest extent permissible by law, Ergomake and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Ergomake nor its suppliers and licensors make any warranty that the Website and Services will be error-free, accurate, reliable, secure, uninterrupted, or free from other harmful components, or that any defects will be corrected. You understand and acknowledge that you use the Website and Services at your own discretion and risk.
Ergomake reserves the right to terminate or suspend your access to all or any part of our Services, at any time and for any reason, with or without notice, in our sole discretion. You may terminate this Agreement or your Ergomake account by discontinuing your use of our Services and, if applicable, stopping payment of charges for any paid plans. Upon termination, all provisions of this Agreement that, by their nature, should survive, shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. We shall have no liability to you or any third party for any termination of your access to our Services, whether or not such termination was with or without cause.
To the fullest extent permitted by law, neither Ergomake nor its suppliers or licensors shall be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ergomake under this Agreement during the twelve (12) month period prior to the cause of action. Ergomake shall have no liability for any failure or delay due to matters beyond their reasonable control, including, without limitation, acts of God, acts of government, acts of war, strikes or other labor disturbances, or interruptions of telecommunications or internet services. The limitations and exclusions of liability set forth in this section shall apply to the fullest extent permissible by law and shall not affect any statutory rights that you may have as a consumer under applicable law.
You represent and warrant that your use of our Services:
This Agreement constitutes the entire agreement between Ergomake and you with respect to the subject matter hereof and supersedes all prior or contemporaneous Terms of Services, whether oral or written.
This Agreement may be modified only by a written instrument executed by both Ergomake and you. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall be interpreted to give effect to the parties’ original intentions. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Ergomake. Ergomake may assign its rights and obligations under this Agreement without your prior consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.