Terms of Service

Last Updated: 27 April 2025

Welcome to Manufactura.ai ("Manufactura", "we", "us", or "our"). These Terms of Service (the "Terms") govern your access to and use of our website at usemanufactura.com, including any associated domains, web applications, tools, downloadable software, and related services (collectively, the "Service").

By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service.

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

1.1 Age Requirement

You must be at least the age of majority in your jurisdiction (typically 18 years or older) to use the Service.

1.2 Legal Capacity

You must have the legal capacity to enter into a binding agreement. You may not use the Service if prohibited by applicable laws.

1.3 Use on Behalf of an Entity

If you are using the Service on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms. In that case, "you" refers to both the individual and the entity.

2. Accounts

2.1 Account Creation

To access certain features, you may need to register and create an account. You agree to provide accurate and complete information during registration.

2.2 Account Security

You are responsible for safeguarding your credentials. Contact us at [email protected] if you suspect unauthorized access to your account.

2.3 Account Suspension or Termination

We reserve the right to suspend or delete accounts at our sole discretion, including for violations of these Terms or applicable law.

3. Fees and Payments

3.1 Paid Services

Some features may require payment. You will be informed of any fees before incurring charges.

3.2 Pricing Changes

We may modify our pricing at any time. Notice will be provided via our website or email. Continued use after price changes indicates acceptance.

3.3 Refund Policy

You have the right to withdraw from the contract within 14 days without giving any reason, in accordance with Directive 2011/83/EU.

To exercise the right of withdrawal, you must inform us at [email protected] of your decision before the end of the withdrawal period.

4. License and Use

4.1 Limited License

Subject to your compliance, Manufactura grants you a non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business purposes.

4.2 Restrictions

You may not:

Copy, distribute, or modify the Service except as allowed by these Terms.
Reverse engineer or decompile any part of the Service.
Interfere with or circumvent security or access controls.

5. User Content, Data, and Feedback

5.1 Definitions

User Content: Anything you intentionally upload or create using the Service (e.g., website code, images, text).
User Data: Personal or technical data collected to operate the Service (e.g., name, email, billing info, usage data). These are treated separately unless stated otherwise.

5.2 Ownership and Rights

You retain ownership of your User Content. By uploading it, you grant us a license to host, process, and display it as needed to provide the Service.

5.3 Feedback

Any feedback or suggestions you provide may be used by us without restriction or compensation.

6. Third-Party Services

6.1 External Links

We may link to third-party websites. We do not endorse or assume responsibility for their content or practices.

6.2 Third-Party AI Providers

We integrate third-party AI tools (e.g., OpenAI, Anthropic). Use of these tools is subject to their terms and privacy policies.

7. AI Functionality & Data Use

7.1 No Model Training

Manufactura does not use your User Content or Data to train its own AI models unless you opt in.

7.2 Third-Party AI Use

To deliver features, we may temporarily share necessary User Content or Data with AI providers. They are not permitted to store or use it beyond the request, unless you opt in.

7.3 Data Security

We take reasonable steps to secure your data but cannot guarantee absolute security.

7.4 User Responsibility

You are responsible for ensuring you have rights to any User Content you upload and that it complies with applicable laws.

7.5 AI Output Disclaimer

AI-generated outputs may contain inaccuracies or inappropriate content. You are responsible for reviewing and vetting any output before using it.

8. Changes to the Service

8.1 Right to Modify

We may modify or discontinue any part of the Service at any time without notice.

8.2 Updates

We may require you to install updates to continue using the Service.

9. Termination

9.1 By You

You may delete your account by contacting [email protected].

9.2 By Manufactura

We may suspend or terminate access at our discretion, with or without notice.

9.3 Effect

All licenses terminate upon account closure. We may delete your data without obligation to retain or return it.

9.4 Survival

Sections such as Indemnity, Disclaimers, Liability, and Dispute Resolution survive termination.

10. Indemnification

You agree to indemnify and hold harmless Manufactura, its affiliates, employees, and service providers from claims arising from your use of the Service, your User Content, or violation of these Terms.

11. Intellectual Property

Except for your User Content, all content, trademarks, and branding are owned by or licensed to Manufactura and protected by intellectual property laws.

12. Disclaimers

The Service and all outputs are provided "as is." We disclaim any warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

13.1 No Indirect Damages

We are not liable for indirect, incidental, special, or consequential damages.

13.2 Liability Cap

Our total liability will not exceed the greater of $100 USD or the amount you paid in the 12 months prior to the event giving rise to the claim.

14. Privacy

Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your information.

15. Changes to Terms

We may revise these Terms. If changes are material, we will notify you. Continued use of the Service constitutes acceptance of the new Terms.

16. Arbitration and Dispute Resolution

16.1 Binding Arbitration

Any disputes will be resolved through binding arbitration rather than in court, unless otherwise agreed in writing.

EU consumers may use the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

16.2 Class Action Waiver

You agree to resolve disputes individually and not as part of a class or collective action.

16.3 Exceptions

Claims for injunctive relief or intellectual property violations may be brought in court.

16.4 Opt-Out

You may opt out of arbitration within 30 days of agreeing to these Terms by emailing us at [email protected].

17. General Provisions

Governing Law: These Terms are governed by California law.
Entire Agreement: These Terms and our Privacy Policy are the full agreement between you and us.
Assignment: You may not assign your rights under these Terms without our consent.
Severability: If a provision is unenforceable, the rest remain in effect.
Waiver: Our failure to enforce a provision is not a waiver of rights.
Force Majeure: We are not liable for delays due to causes beyond our control.

18. Contact Us

If you have any questions about these Terms, please contact us at:

📧 [email protected]