Terms of Service

1. The Service

Mako ("Mako", "we", "us"), based in Amsterdam, the Netherlands, provides AI-powered software for researching audiences, generating ad creatives (images, videos, and copy), and publishing or scheduling that content to advertising and social media accounts you connect (the "Service"), available at trymako.ai and app.trymako.ai. By creating an account or using the Service you agree to these terms and to our Privacy Policy.

2. Your account

You must provide accurate information and keep your sign-in credentials secure. You are responsible for activity under your account and within your organisation's workspace. You must be at least 16 years old and use the Service for business purposes.

3. Credits, subscriptions & billing

• Parts of the Service consume credits. Credits are included with subscription plans and may also be purchased separately. Credits have no cash value and are non-transferable.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Payments are processed by Stripe. Prices may change; we will give notice before changes take effect for existing subscribers.
• Refunds (including any money-back guarantee). Where we offer a refund — for example a 7-day money-back guarantee on your first payment — or where a refund is otherwise due, we only refund the unused portion of what you paid. Generating content consumes credits and incurs real processing costs on our side. If you have used any credits, we subtract the value of those consumed credits from the refund amount (pro rata to unused credits). Consumed credits are never refunded or exchanged for cash. Example: if you paid for a plan that included credits and you used half of them, any refund is limited to about half of that payment (minus any non-refundable fees required by law or our processors).
• Except where required by law or under a money-back guarantee / refund we expressly offer, payments are non-refundable. Even when a refund applies, the pro-rata unused-credits rule above always applies.

4. Acceptable use

You agree not to use the Service to:

• create or publish content that is illegal, deceptive, infringing, defamatory, or harmful, or that violates advertising regulations;
• violate the terms or policies of platforms you publish to (including Meta, TikTok, and Google);
• misrepresent products, make unsubstantiated claims, or impersonate others;
• interfere with the Service, attempt unauthorised access, or resell the Service without our written consent.

We may suspend or terminate accounts that violate these terms.

5. Your content & generated creatives

• You retain ownership of the content you upload (product information, images, brand assets).
• As between you and Mako, you own the ad creatives generated for you through the Service, to the extent permitted by applicable law. You are responsible for ensuring generated content is accurate and appropriate before publishing it.
• You grant us the limited rights needed to operate the Service: hosting, processing, and sending your content to the AI providers and platforms involved in fulfilling your requests.
• AI-generated output may be inaccurate or similar to output generated for others. Review creatives before use.

6. Your materials, rights & liability

Mako is a tool. You decide what materials go in and what creatives go out. Before you upload, reference, generate, edit, or publish anything through the Service, you confirm and agree that:

• You own, or have a valid licence / written authorisation to use, every asset you provide or instruct Mako to use — including product photos, logos, brand marks, music, voice, scripts, competitor ads, screenshots, and any personal portrait, likeness, or voice.
• Your materials and the creatives you generate or publish do not infringe copyright, trademark, portrait / publicity rights, privacy rights, or any other intellectual property or personality rights of any third party.
• You will not use the Service to create deepfakes, impersonations, or other content that violates applicable law or platform policies.
• You are solely responsible for reviewing outputs before use or publication, and for all claims arising from your materials, prompts, generated creatives, or published ads.

7. Connected platforms

When you connect a social or advertising account, you authorise Mako to act on your behalf for the actions you request (such as publishing or scheduling posts). You are responsible for your accounts on those platforms and for complying with their policies. You can disconnect a platform at any time from Integrations in the app.

8. Disclaimer & limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties and we are not liable for indirect, incidental, or consequential damages, loss of profits, or loss of data — including claims that your creatives or materials infringe third-party rights (see Section 6). Our total liability for any claim related to the Service is limited to the amounts you paid us in the twelve months before the claim arose. Nothing in these terms limits liability that cannot be limited under applicable law.

9. Termination

You can stop using the Service and delete your account at any time (Settings → Account → Delete Account, or email [email protected]). We may suspend or terminate access for breach of these terms, with notice where reasonably possible. Sections that by their nature should survive termination (such as liability limitations) survive.

10. Changes to these terms

We may update these terms from time to time. We will post the updated version here and revise the "Last updated" date above. Material changes will be communicated where appropriate. Continued use after changes take effect constitutes acceptance.

11. Governing law

These terms are governed by the laws of the Netherlands. Disputes will be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory law provides otherwise.

12. Contact

Questions about these terms? Email [email protected].