Terms

INTRODUCTION

Please read these terms of use (the “Terms”) carefully before using the Website and the Service as they form a legally binding contract between us. These Terms apply to the entire content of the website at http://www.emakin.com (the “Website”), the use by you of the Emakin products provided through the Website which will be named services hereafter (the “Services”), and any correspondence between us.

By using the Website, you indicate that you accept these Terms regardless of whether or not you choose to register to use the Services. If you do not accept these terms, then please do not use the Website or the Services.

These Terms are issued by Emakin Limited, a private limited company registered in the Republic of Ireland, with its registered office at The CHQ Building, Dogpatch Labs, Custom House Quay, Dublin 1, D01 Y6H7, Republic of Ireland (the “Company”, “we” and “Emakin.com”). Our TAX reference number is IE3841700BH.

1. ACCEPTANCE and SCOPE OF TERMS

By accessing or using Emakin.com’s Service, you agree to be bound by these Terms. We may update these Terms at any time without prior notice, and continued use of the Service constitutes acceptance of any modifications.

The Service consists of a collection of web-based applications designed to facilitate workflow automation and business process management. Any new features that augment or enhance the Service shall be subject to these Terms.

You are responsible for obtaining access to the Service, which may involve third-party fees (such as Internet service provider or airtime charges). You are also responsible for ensuring that your equipment meets the necessary technical requirements for accessing the Service.

2. USER REGISTRATION AND ACCOUNT SECURITY

Each account is for use by a single legal entity (e.g., a company or an individual). You may invite additional users to register under your account, but user credentials may not be shared among multiple individuals.

You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you suspect unauthorized use of your account, you must immediately notify Emakin.com. We are not liable for any losses resulting from unauthorized use of your credentials.

For more information, please review our Privacy Policy: http://www.emakin.com/privacy.

3. DATA OWNERSHIP, COLLECTION, AND PRIVACY

You retain full ownership of all data, content, and information that you submit, store, or process through the Service (“Your Data”). Emakin.com does not claim any ownership over Your Data.

We collect certain personal information such as your email address during registration. Passwords are securely encrypted using the SHA-1 cryptographic algorithm before storage.

Emakin.com does not sell, rent, or trade your personal data to third parties for commercial purposes. Any data collected is used solely for providing, maintaining, and improving the Service.

Your Data may be stored and processed in data centers specified in the Order Form agreed between you and Emakin. By using the Service, you consent to the transfer of Your Data to these locations.

We implement commercially reasonable security measures to protect Your Data but do not guarantee that unauthorized third parties will never breach security measures. Emakin ensures data security and redundancy through regular backups and secure data storage solutions. If you require custom backup retention policies, please refer to your Order Form or contact our support team for additional options.

4. MEMBER CONDUCT

You agree not to:

 • Upload, post, email, or transmit any Content that is illegal, harmful, abusive, defamatory, obscene, or otherwise objectionable.

• Impersonate any person or entity or forge headers to disguise the origin of any Content.

• Infringe on any intellectual property rights.

• Transmit spam, malware, or other disruptive elements.

• Interfere with the normal operation of the Service.

 • Attempt to resell, sublicense, or commercially exploit any part of the Service.

Violations of these rules may result in account suspension or termination.

5. SERVICE LEVEL AGREEMENT (SLA)

Emakin.com aims to maintain 99% uptime availability for the Service, excluding scheduled maintenance and circumstances beyond our control (such as force majeure events).

Technical support is available during business hours:

• Monday to Friday, 09:00 AM to 05:00 PM (GMT), excluding public holidays.

• Support inquiries can be submitted via email at support@emakin.com.

For premium or extended support options, customers may refer to their Order Form for additional details.

6. ORDER FORM & SERVICES

Access to and use of Emakin’s Services are subject to a mutually agreed-upon Order Form, which outlines:

• Services Provided

• User Limitations

• Fees & Payment Terms

• Support & Maintenance

• Data Residency

The Order Form is legally binding and takes precedence over any conflicting provisions in the Terms.

7. INDEMNITY

You agree to indemnify and hold Emakin.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. TERMINATION

You agree that Emakin.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, or if Emakin.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Emakin.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Emakin.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Emakin.com shall not be liable to you or any third-party for any termination of your access to the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Emakin.com has no control over such sites and resources, you acknowledge and agree that Emakin.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Emakin.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. PROPRIETARY RIGHTS OF EMAKIN.COM

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Emakin.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Emakin.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Emakin.com for use in accessing the Service.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMAKIN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMAKIN.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMAKIN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMAKIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

14. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.

All notices made by you must be made to info@emakin.com or The CHQ Building, Dogpatch Labs Custom House Quay, Dublin 1, D01 Y6H7, Republic of Ireland.

15. COPYRIGHTS and COPYRIGHT AGENTS

Emakin.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Emakin.com.

16. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Emakin.com and govern your use of the Service, superceding any prior agreements between you and Emakin.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and Emakin.com agree to submit to the personal and exclusive jurisdiction of the courts of Emakin.com’s choice. The failure of Emakin.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

17. VIOLATIONS

Please report any violations of the TOS to Emakin.com.

Last modified December 12, 2024