Terms & Conditions
Version Effective Date: 17 July 2023
This Agreement is entered into by MakerX Pty Ltd. and the entity or person agreeing to these terms (the "Customer," "You," or "Your") and governs the Customer's access to and use of the Services.
This Agreement becomes effective when the Customer agrees to these terms and starts using the Services (the "Effective Date") or begins to receive or distribute Assets. These terms may be updated and presented to the Customer periodically. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please discontinue using the Services.
Other documents referenced herein may also apply to the Customer's use of the Services, including the Community Guidelines provided below.
1. Service Availability and Quality
We continuously strive to improve the Services. The Services may undergo modifications and changes, including but not limited to the art style of Assets, algorithms used to generate Assets, and available features.
2. Age Requirements
By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are below the age of digital consent but old enough to access the Services, Your parent or guardian must agree to these terms on Your behalf.
3. Your Information
By using the Services, You may provide MakerX Pty Ltd with personal information such as Your email address, user name, billing information, favorites, image outputs, text prompts, or sample images.
4. Intellectual Property
The Services and the Assets, including but not limited to text, graphics, images, logos, icons, audiovisual materials, and software, are the property of MakerX Pty Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works, publicly display, or exploit any part of the Services or the Assets without prior written permission from MakerX Pty Ltd.
5. Limitation of Liability
To the extent permitted by law, MakerX Pty Ltd and its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with Your use of the Services or the Assets.
6. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or in connection with this Agreement shall be submitted to binding arbitration in accordance with the rules under Australian law. The arbitration shall take place in Melbourne, Victoria, Australia. Each party shall bear its own costs in the arbitration, and the parties shall equally share the fees and expenses of the arbitrator. The award rendered by the arbitrator shall be final and binding on both parties.
This Agreement constitutes the entire agreement between MakerX Pty Ltd and the Customer regarding the Services and supersedes all prior agreements or understandings, whether written or oral. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If You have any questions or concerns regarding this Agreement, please contact us at [email protected].
Thank you for using the QRX Codes platform.