MAKAR User Agreement

This User Agreement (hereinafter referred to as “this Agreement”) applies to the relevant rights and obligations established for MAKAR Software (hereinafter referred to as “the Software” or “the Service”) developed by Mind & Idea Fly Co. Ltd. (hereinafter referred to as “MIFLY”) and describes in detail the conditions under which the services are provided and can be used. Therefore, please read all the contents of this Agreement carefully before registering as a MAKAR Software user or starting to use MAKAR to provide services to third parties.

If you do not agree to any of the terms of this Agreement after you read this Agreement, or if you have doubts about this Agreement, please do not install, copy or use this Software. If you have started or are using this Software, you have unconditionally accepted the relevant provisions of this Agreement and the management regulations listed by MIFLY in this regard, and accept to be bound by it. In the event of a dispute, you are solely responsible for not actually reading this Agreement, and you may not defend it on the grounds that you have not read it carefully.

1. Terms of use

By installing the Software and using the services and features provided by the Software, you agree to enter into this Agreement with MIFLY. MIFLY may change the terms of this Agreement at any time, and if there are any changes to the Terms, the announcement will be posted on MIFLY’s website. The revised terms will automatically take effect as soon as they are posted on the official website. In the event of a dispute, the latest Agreement text shall prevail. If you do not agree with the changes, you can uninstall the Software yourself. If the you keep using the Software, you are deemed to have accepted the changes in this Agreement.

2. Intellectual property rights

All intellectual property rights of the Software, as well as all information related to the Software, including but not limited to: textual expressions and combinations, icons, graphics, images, graphics, color, interface design, layout framework, related data, additional programs, printed materials or electronic documents, etc. are all owned by MIFLY and are protected by copyright laws and international copyright treaties and other intellectual property laws and regulations.

All copyrights, patents, trademarks, trade secrets and any other rights or proprietary rights (including but not limited to MAKAR Software, etc.) provided by MIFLY's own services are owned by MIFLY. You are not allowed to use the Software for any other use than the ones listed in this Agreement; any other use (including but not limited to illegal activities, or reverse engineering, etc.) is not allowed.

The ownership of any data generated and stored in MIFLY’s database during the use of the Software (including but not limited to account data information, application data information, etc., except for the user's personal details like full name, phone number, etc.) belongs to MIFLY. In accordance to this Agreement, the user has limited access to the data related to its user account in the process of using the Software.

3. Third Party Services

MAKAR may provide the opportunity for you to use the Services to interface with services or applications provided by one or more third parties (“Third Party Services”). You decide which Third Party Services you want to interface with and can revoke consent at any time. In those instances where you consent to interface with a Third Party Service, MAKAR may exchange relevant information with the Third Party Service, which may include Content and/or personal information. Once this information is shared with the Third Party Service, its use will be governed by the third party's privacy policy and not by the MAKAR Privacy Policy. Your use of any Third Party Service is subject to these Terms and any third party terms applicable to such Third Party Service. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. Providers of Third Party Services may change or discontinue the functionality or features of their Third Party Service. You should exercise your own independent judgment when reviewing and relying on information provided by a Third Party Service. MAKAR is not responsible if a Third Party Service communication management feature delays or prevents you from reviewing or sending a communication. MAKAR has no responsibility or liability for Third Party Services. MAKAR does not guarantee the accuracy, usefulness, safety, completeness, reliability, availability or timeliness of, or relating to, any Third Party Service. MAKAR DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF ANY THIRD PARTY SERVICES.

4. Rights restrictions

4.1 Reverse engineering, reverse compilation and reverse assembly are prohibited. Users must not reverse engineer, reverse compile or reverse assemble the Software, and must not modify any resources compiled in the program file. Users must comply with this Agreement in addition to the laws and regulations expressly permitting the above activities.

4.2 Component segmentation: This Software is licensed to be used as a single product and may not be used by the user in any other way.

4.3 Retention rights: All other rights not expressly included in this Agreement remain with the author and the user must obtain the author's written consent when using others’ rights.

5. Usage instructions

5.1 The Software is an augmented reality content creation platform that can be used to create and edit augmented reality content. MIFLY provides support and integration for multi-platform systems. The Software is suitable as an introduction to augmented reality, for marketing activities, basic education in various industries, and does not require any previous coding skills. Imagine dinosaur books, children's textbooks, furniture, business card introductions, festive greeting cards, product displays... they can all enhanced with augmented reality content the user can intuitively create with the Software.

5.2 You are solely responsible for the content and the consequences of submitting and posting content with the Service. You acknowledge, represent and warrant that you own or will receive the necessary licenses, rights, consents and permits to share your content creation; and in accordance with these Terms of Service, for posting the content on the Service, you license all patents relating to the content, trademark, trade secret, copyright or other proprietary rights to MIFLY.

5.3 For the sake of clarity, you retain ownership of the content. However, once the content is submitted to MAKAR, you hereby grant MAKAR (including its successors) a worldwide, non-exclusive, license-free, sublicensable and transferable license to use, copy, distribute, create derivative works, display, publish, adapt, provide online versions or electronically transmit and run content, including but not limited to promotion and redistribution in any media format, in any media channel to promote and re-distribute services (and their derivative works) in whole or in part. The above-mentioned license granted by you for the production of the content you submit to the Service will be terminated within a commercially reasonable period of time after you delete or remove the content from the Service. You understand and agree that MAKAR may retain copies of the content that you have removed or deleted, but may not display, distribute or operate them.

5.4 You further agree that the content you submit to the Service may not contain any third party copyright material or material of third party proprietary rights, unless you have obtained permission from the legal owner of the material or you have the right to publish the material and grant all appropriate licenses to MAKAR.

5.5 This Software provides product technical services by MIFLY.

5.6 Software modification and upgrade: MIFLY reserves the right to provide users with modified and upgraded versions of the Software.

5.7 This Software does not contain any malicious code designed to damage the user's computer and infringe the user's privacy. It does not contain any code to monitor the user and the user's computer. It will not monitor the users’ behavior, neither online nor offline. It does not collect personal information from users using other software, documents, etc., and it does not infringe the user’s privacy.

5.8 Users should use the Software in compliance with the law and this Agreement. Users are not authorized to implement any of the following, including but not limited to:

5.8.1 Deleting or changing any rights management electronic information included in the Software;

5.8.2 Avoiding or destroying the technical measures taken by the copyright owner to protect the copyright of the Software;

5.8.3 Using this Software to mislead or deceive others;

5.8.4 Deleting, modifying, altering and interfering with the functionalities of the Software;

5.8.5 Entering the computer information network or using computer information network resources without permission.

5.8.6 Deleting, modifying or altering the Software without permission;

5.8.7 Deleting, modifying or increasing the data and applications stored, processed or transmitted in the computer information network without permission;

5.8.8 Damaging the normal operation of the Software system or website, and deliberately spreading harmful software such as computer viruses;

5.8.9 Interfering with any other security system that would compromise the network.

5.9 If the Software is downloaded from a website not authorized by MIFLY or the Software is obtained from distributors not authorized by MIFLY, MIFLY cannot guarantee whether the Software is infected with viruses, or if it contains trojans or any other hacking software. MIFLY does not assume any legal responsibility for damages and losses arising from the use of Software downloaded from unauthorized third-party websites.

6. Privacy protection

6.1 This Software respects and protects the privacy of all users and does not steal information from the user's computer.

6.2 Protecting our users’ personal data is a basic principle of MIFLY. MIFLY will take reasonable measures to protect users' data. Except as required by laws and regulations, MIFLY will not disclose personal details to third parties without the user's permission.

6.3 You should respect others’ privacy, including but not limited to other users, who are aware of, received or accessible through the Service, and you should not collect, copy, store, transmit or otherwise use others’ personal details. Any consequences arising from failure of doing so will be borne by you.

7. Disclaimer and limitation of liability

7.1 This Software has been tested thoroughly, but we cannot guarantee it is fully compatible with any hardware and operating system on the market. There is no guarantee that the Software will be completely bug-free. In case of incompatibility and Software error, the user can log in to MAKAR’s official website forum to report the issue and get technical support.

7.2 The use of this Software is at the user's own risk and, to the fullest extent permitted by the applicable law, MIFLY is not responsible for any loss of trade, loss of business data or any other financial loss related to the use of the Software, including damages and risks arising from the use or inability to use the Software, and direct or indirect personal damages.

7.3 MIFLY assumes no responsibility for damages caused by telecommunication system or internet failure, computer malfunction or virus, information damage or loss, computer system problems or any other force majeure event.

7.4 If the user violates the provisions of this Agreement and causes damage to MIFLY, MIFLY has the right to take measures including, but not limited to, discontinuing the use of the license, interrupting the provision of services, restricting the use of the Software, and taking legal action.

7.5 MIFLY does not assume any legal responsibility for any accident, negligence, contract damage, defamatory action, copyright or intellectual property rights infringement caused by the use of this Software and for any damages caused while using the Software, including those arising from downloading the Software from unauthorized websites.

7.6 The user accepts to use the Software at its own risk. MIFLY does not bear any legal responsibility for software malfunctioning related to network conditions and communication lines.

8. Usage rules

8.1 You shall be responsible for the use of the Software and shall ensure that the following principles are followed in the course of using the Software:

8.1.1 Comply with the relevant laws and regulations of the Republic of China;

8.1.2 Comply with this Agreement and the relevant terms regulations as released by MIFLY;

8.1.3 Do not infringe the legitimate interests of third parties and MIFLY in any way;

8.1.4 The services provided by MIFLY shall not be used for any illegal or law-infringing activities, including but not limited to the use of it to display and disseminate content featuring pornography, racism, obscenity, slander, insults, and disseminate any message of hatred, discrimination and prejudice towards religions, cultural traditions, race, gender, age.

8.2 MIFLY has the right to review and supervise your use of the Service. If MIFLY believes that you have violated the law or infringed this contract according to its own independent judgment, MIFLY reserves the right to ask you to take action and may take all the necessary measures (including but not limited to changing or deleting the content you posted or uploaded, suspending or terminating your rights to use MIFLY’s Services, etc.) in order to mitigate the impact of your actions. However, you acknowledge that MIFLY is not responsible for the consequences of your actions, nor relieves you of any of your obligations.

9. Liability

9.1 If MIFLY violates relevant laws, regulations or any provisions of this Agreement and causes actual losses to you, MIFLY will compensate you for all direct economic losses suffered, but MIFLY shall not bear any indirect, incidental, special, derivative or punitive liability.

9.2 If you cause any loss to MIFLY (including but not limited to administrative penalties, third-party compensation, legal fees, attorney fees, loss of goodwill, and other expenses), you shall be solely liable.

10. Legal and dispute resolution

10.1 This Agreement is governed by and constructed in accordance with the laws of the Republic of China.

10.2 Any dispute arising from or in connection with this Agreement shall be settled through friendly negotiation; if negotiation fails, either party may submit the dispute to the Taipei District Court for resolution.

11 Advertising information

11.1 The Software may feature ads for commercial and/or promotional purposes. These contents are created by advertisers or their service providers; MIFLY provides them with the advertising space. Should you purchase services or goods purchased through the advertiser’s website, you agree that the transaction is between the user and the provider of the goods or services and has nothing to do with MIFLY.

11.2 The user may post content on the Software’s website or on the Software’s platform within the scope permitted by law. If the user arbitrarily posts promotional content, advertisement or other content, this has no direct connection with MIFLY and the corresponding responsibility is borne by the user. MIFLY will not take any responsibility for promotional and advertising content posted by the user.

12 Paid services

12.1 Credit card payment: You agree to authorize MIFLY to charge your credit card for the services and the fees associated with the payment method of your choice.

12.2 Third-party service providers and collection services (prepaid cards): if you agree to pay through local telecommunications operators, third-party service providers or collection service providers, you agree with the provider’s terms of service and fees. MIFLY is not involved in any way with the commercial relationship between you and the payment solution provider. After the completion of the payment process, MIFLY will regard it as your own or legally authorized consumer behavior.

12.3 You should only use your own credit card or payment instrument. If you use a credit card or a payment instrument that is not yours, it is intended you have been legally authorized to do so, and the actual payer is fully aware of this payment. You or the actual payer will be able to inquire only about the member account information related to the payment, the termination of payment or the data of the actual payer.

12.4 If either you or the actual payer violate the law or are reported in any way to MIFLY, MIFLY will properly collect and process your and the actual payer data in accordance with these terms. Neither you nor the actual payer may violate this clause or infringe the rights of a third party. Offenders will be responsible of their own legal liabilities.

12.5 In case the user’s or the actual payer credit card expires, is reported as lost, is rejected by the correspondent bank, or the transaction fails due to other reasons, MIFLY has the right to terminate or dissolve the contract.

12.6 The payer should store personal data and sensitive information provided by the credit card or third-party payment service safely, and should not disclose or share it with third-parties; failure of doing so will be considered negligence of the person in charge of the payment or the actual payer. MIFLY is not responsible for any losses due to disclosure of personal payment details to third parties.

12.7 In case of disputes regarding the fees payable in the current billing cycle, MIFLY may still charge the amount stated in the bill from the designated credit card account. If there is a situation of overpayment or insufficient payment, MIFLY will automatically adjust the relevant fees in the next available billing cycle.

12.8 Disputes concerning the payment process between the payer and the local telecommunications operator, the third party service provider or the collection service provider (including but not limited to any changes to the payment account, the transaction, etc.), are independent from the legal relationship between you and MIFLY and the payer is the solely responsible for them. The payer and the service provider shall cooperate and resolve any arising disputes among themselves, and shall bear the relevant legal responsibilities.

12.9 If you need to update your credit card details or terminate a subscription, you should notify MIFLY’s Customer Service Center by phone, email or through "MAKAR Online Form - Contact Us". Changes or contract terminations will take effect from the next available billing cycle.

12.10 In accordance with the provisions of Article 2, paragraph 5 of the “Applicable Standards for Reasonable Exceptions to the Right to Dismissal of Transactions”, the service is completed once you authorize the payment. The provisions contained in Article 19 of the Consumers' Protection Law regarding the first week from the transaction do not apply.

13. Other terms

13.1 If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, or is in violation of any applicable law, the provision is deemed to be deleted, but the remaining provisions of this Agreement shall remain valid and binding force.

13.2 The right to modify this Agreement belongs to MIFLY. If you have any questions about this Agreement, you can contact MIFLY directly through the following channels:
Phone: +886 2 2655-0178