These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Cogaid Solutions Private Limited, a company incorporated in India (CIN: U72900WB2022PTC255121), operating the MakersFuel platform available at makersfuel.com and related products including MakersClaw (collectively, the "Service"). By creating an account, accessing, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Who we are

The Service is provided by Cogaid Solutions Private Limited ("Cogaid", "we", "us", "our"), registered office: 8/1/1 Hardutt Rai Chamaria Road, Howrah, West Bengal 711101, India. Contact: [email protected].

2. Eligibility

You must be at least 16 years of age and legally able to form a binding contract in your jurisdiction. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. The Service is not directed at children under 16, and we do not knowingly collect personal data from them.

3. Accounts

To use most features you must create an account. You agree to provide accurate information, keep it up to date, and keep your credentials confidential. You are responsible for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

4. The Service

MakersFuel provides: community features (tribes, channels, posts, direct messages), startup ideas and related content, and MakersClaw AI employees which run as dedicated infrastructure instances and connect to third-party channels such as Telegram, Discord, Slack, and WhatsApp. We continuously improve the Service and may add, modify, or remove features. Material changes that adversely affect a paid plan will be communicated in advance.

5. Subscriptions, trials, and billing

5.1 Free trial

First-time paid subscribers receive a 3-day free trial. The trial is available once per user, per household, per payment method, and per device. Creating additional accounts to obtain multiple trials, or otherwise circumventing the one-trial limit, is a material breach of these Terms. A valid payment method is required to start the trial. If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan at the then-current price. We may terminate any account suspected of trial abuse, immediately and without refund, and reserve the right to reclaim wallet funds issued during an abused trial.

5.2 Recurring billing

Paid plans renew automatically on a monthly or annual basis, depending on the plan you select, until cancelled. By subscribing, you authorize us (and our payment processor) to charge your payment method on each renewal date.

5.3 Merchant of Record

Payments are processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for all purchases. Paddle handles payment, invoicing, sales tax, VAT, and GST where applicable. Paddle's own Checkout Buyer Terms apply to the payment transaction.

5.4 Wallet funds and AI usage

Certain features (including MakersClaw AI employees and AI tools) consume wallet funds, which are denominated in US dollars and added to your account via top-ups. Wallet funds have no monetary value outside the Service, are non-transferable, and are not refundable or convertible to cash. Unused wallet funds accumulate indefinitely for as long as your account remains in good standing; they do not expire. Wallet funds are forfeited on account termination for cause (including trial abuse, breach of these Terms, or chargeback) and cannot be redeemed after an account is closed.

5.5 Cancellation

Each MakersClaw AI employee has its own subscription and is cancelled independently. You may cancel at any time by opening the employee from the My Employees column and clicking Cancel Subscription in the Actions panel, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then. We do not provide partial refunds for the unused portion of a billing period, except where required by law.

5.6 Refunds

Paid subscriptions are generally non-refundable once the Service has been used. Subscribing to a MakersClaw AI employee immediately provisions a dedicated container, allocates compute and storage resources, and (where elected) starts running the AI employee, all of which constitute use of the Service. Refunds are available within 14 days of the charge only where the instance failed to provision and the Service was never made available to you. The full refund process and exceptions are set out in our Refunds & Cancellations Policy, which is incorporated into these Terms.

5.7 EU/UK right of withdrawal

If you are a consumer in the European Union or the United Kingdom, you normally have 14 days to withdraw from a distance contract. Because subscribing to a MakersClaw AI employee immediately provisions a dedicated instance and begins consuming resources allocated solely to you, performance of the Service begins on subscription. By subscribing you expressly request immediate performance and acknowledge that you lose your right of withdrawal once performance has begun, in accordance with Article 16(m) of EU Directive 2011/83/EU and the equivalent UK Consumer Contracts Regulations. Where the instance fails to provision and the Service is therefore not made available to you, your right to a refund is preserved as set out in section 5.6 and the Refunds & Cancellations Policy.

6. Your content

You retain all ownership rights in content you create, upload, or submit through the Service ("User Content"), including posts, messages, showcases, tribe materials, AI employee configurations, and files. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, and display User Content solely to operate, secure, and improve the Service for you, and where relevant to make User Content visible to other users you choose to share it with.

We do not use your content, prompts, or AI employee data to train any machine learning model, and we do not sell or license it to third parties for their own purposes.

7. Acceptable use

You agree not to, and not to allow others to:

• break any applicable law or regulation;
• post or transmit content that is unlawful, harassing, defamatory, hateful, sexually exploitative, or infringes anyone's rights;
• impersonate any person or entity, or misrepresent your affiliation;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service, other accounts, or related systems and networks;
• scrape, crawl, or otherwise harvest data from the Service except via APIs we explicitly provide;
• use the Service or AI features to build, train, or benchmark a competing product;
• use AI features to generate content that is illegal, defamatory, targeted harassment, CSAM, disinformation, or spam, or to attempt to extract another user's data;
• upload malware, attempt security exploits, or circumvent usage limits, rate limits, or billing.

8. AI features and MakersClaw

AI features are powered by Assistiv AI, which serves as the AI backend for MakersFuel. Assistiv AI provides: (a) access to large language models from multiple upstream providers via an OpenAI-compatible API, (b) hosted MCP tools that your AI employees can use, and (c) a per-user wallet that tracks AI usage credits. When you use AI features, your prompts and generated outputs are forwarded through Assistiv AI to the relevant model providers solely to process your request. We share an anonymous user identifier, prompts, AI responses, and wallet balance information with Assistiv AI. Assistiv AI does not use your data to train any model and does not share your data with third parties. We have contractual commitments that your inputs and outputs are not used to train the underlying models.

AI outputs can be inaccurate, incomplete, biased, or offensive. You are responsible for reviewing AI output before acting on it, and for any content you publish, send, or deploy based on AI output. Do not rely on AI output as legal, medical, financial, or other professional advice.

MakersClaw AI employees may connect to external channels (Telegram, Discord, Slack, WhatsApp, and others). You are responsible for complying with each channel's terms of service and for any messages sent by an AI employee you operate.

8a. Data processing for business users

If you use an AI employee to interact with your own customers or end users on messaging channels such as Telegram, Discord, Slack, or WhatsApp, you (and not MakersFuel) are the data controller for those end users' personal data. MakersFuel processes that data as your data processor on your instructions and solely to operate the Service. You are responsible for obtaining any necessary notices, consents, and lawful bases from your end users. For business users subject to GDPR, our Data Processing Addendum is incorporated into these Terms by reference and governs such processing.

9. Third-party services

The Service integrates third-party services including Supabase, Google Cloud Platform, DigitalOcean, Paddle, Sanity, Resend, PostHog, Google Analytics, and Assistiv AI. Your use of integrated third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services we do not operate.

10. Intellectual property

The Service, including its software, design, logos, and content (other than User Content), is owned by Cogaid or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, personal, non-transferable, non-exclusive licence to access and use the Service in accordance with these Terms. Nothing in these Terms transfers ownership of the Service to you.

11. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part, immediately and without refund, if you materially breach these Terms, if required by law, or to protect the Service or its users. You may terminate your account at any time by emailing [email protected]. Sections intended to survive termination (including intellectual property, disclaimers, liability limits, and dispute resolution) will survive.

12. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Service will be uninterrupted, error-free, secure, or that AI outputs will be accurate or suitable for any purpose. Nothing in these Terms excludes warranties or liabilities that cannot be excluded under applicable law.

13. Limitation of liability

To the maximum extent permitted by law, Cogaid, its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to the Service, even if advised of the possibility of such damages. Our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, and (b) ₹10,000 INR. Consumer rights that cannot be waived under applicable law are not affected.

Nothing in these Terms excludes or limits liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; or (iv) any other liability that cannot lawfully be excluded or limited under applicable law.

14. Indemnity

You agree to indemnify, defend, and hold harmless Cogaid and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

14a. Copyright and DMCA takedowns

We respect intellectual property rights and expect users to do the same. If you believe that content hosted on the Service infringes your copyright, please send a written notice to our designated agent at [email protected] with:

• your physical or electronic signature, and identification as the copyright owner or an authorized representative;
• a description of the copyrighted work that you claim has been infringed;
• the URL or other specific location of the allegedly infringing material on the Service;
• your contact information (name, address, phone, email);
• a good-faith statement that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the notice is accurate and that you are the rights holder or authorized to act on their behalf.

We will evaluate valid notices, remove or disable access to infringing content, and take reasonable steps to notify the posting user. We terminate, in appropriate circumstances, accounts of repeat infringers. Counter-notices may be sent to the same address. Knowingly submitting a false notice may result in liability under applicable law.

14b. Service availability

We target 99.9% monthly uptime for paid plans on a commercially reasonable basis, in line with the availability of our underlying infrastructure (Google Kubernetes Engine regional clusters, which carry a 99.95% SLA from Google Cloud). This target excludes scheduled maintenance, force-majeure events, third-party provider outages, and causes outside our reasonable control. The 99.9% target is a statement of our engineering commitment and does not entitle you to service credits unless separately agreed in writing.

14c. Chargebacks and payment disputes

If you believe a charge is incorrect, please contact us first at [email protected]. We commit to responding to billing disputes within 5 business days. If we fail to respond within that window, you may escalate the dispute to your bank or card issuer.

Filing a chargeback with your bank without first contacting us is a breach of these Terms. We reserve the right to suspend or terminate any account against which a chargeback has been filed, to recover the disputed amount and any associated fees, and to bar future use of the Service until the matter is resolved. Valid billing errors will be refunded directly by us without requiring a chargeback.

14d. Invites and referrals

Invite links and referral benefits are personal, non-transferable, and intended for one-time use by the invited person. Abuse, including self-referral, bulk distribution, or reselling invites, voids any associated benefits and may result in account termination.

14e. API access

MakersFuel does not currently offer a public API. Any future API access will be subject to separate API terms, rate limits, and acceptable-use conditions that will be published before release.

14f. Export control and sanctions

You represent that you are not (a) located in or a resident of a country subject to comprehensive sanctions by the United States, the European Union, the United Kingdom, or India; and (b) not listed on any government list of prohibited or restricted parties (including the U.S. OFAC SDN list, the EU Consolidated List, or the UK HMT sanctions list). You agree not to use the Service in violation of any applicable export control or sanctions law.

15. Changes to the Service and these Terms

We may update these Terms from time to time. If we make material changes we will notify you by email or by posting a notice in the Service before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of India, without regard to conflict-of-laws principles. Subject to any mandatory consumer-protection rights in your country of residence, the courts located in Howrah, West Bengal, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

Consumers in the EU and UK: if you are a consumer resident in the European Union or the United Kingdom, nothing in this section deprives you of the protection of the non-waivable laws of the country where you live. You may bring proceedings in the courts of your country of residence, and the mandatory consumer-protection laws of that country will apply to the extent they are more favorable to you than these Terms.

17. Consumer rights

If you are a consumer, nothing in these Terms limits any non-waivable rights you have under the consumer-protection laws of your country of residence, including the Indian Consumer Protection Act, 2019, and applicable EU/UK consumer legislation.

17a. Miscellaneous

17a.1 Force majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, epidemics, labor disputes, internet or infrastructure outages, government action, or natural disasters.

17a.2 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, on notice to you.

17a.3 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17a.4 No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver is effective only if in writing and signed by an authorized representative of Cogaid.

17a.5 Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, Refunds & Cancellations Policy, and where applicable the Data Processing Addendum, constitute the entire agreement between you and Cogaid regarding the Service and supersede any prior agreements on the same subject matter.

17a.6 Electronic communications and notices

You consent to receive communications from us electronically, including service notices, legal notices, and billing communications, at the email address on your account. We will send legal notices to you at that email address. You may send legal notices to us at [email protected] or by post to the registered office listed at the bottom of this page.

18. Contact

Questions about these Terms can be sent to [email protected] or by post to Cogaid Solutions Private Limited, 8/1/1 Hardutt Rai Chamaria Road, Howrah, West Bengal 711101, India.