Terms of Service
Type: Terms of Service · Version: 2026-04-17 · Published: 2026-04-17 11:21 UTC
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MAKRR — TERMS OF SERVICE
Version 1.0 · Effective 2026-04-17
Trashify Tech OÜ · Registry code 16495334
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AT A GLANCE
— MAKRR is a business-to-business platform. By accepting these Terms
you confirm you are acting for a registered business (or as a sole
trader operating through a business account) and have authority to
bind that business.
— You are responsible for the content you upload, for complying with
the Acceptable Use Policy, and for decisions you take based on the
outputs of our AI components.
— AI outputs are probabilistic estimates. You must not use them, or
any model trained on the platform, in medical, legal, employment,
credit, safety-critical, autonomous-vehicle, or weapons contexts.
— Estonian law governs these Terms. Disputes go to Harju County
Court in Tallinn.
— Separate documents apply: Privacy Policy, Acceptable Use Policy,
End User Licence Agreement (for hardware), and Data Processing
Agreement (for personal data you process through the Service).
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SECTION 1. WHO WE ARE AND WHO YOU ARE
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1.1 Provider. The MAKRR platform at makrr.ai and its associated
services (the "Service") are operated by TRASHIFY TECH OÜ, a
private limited company registered in the Republic of Estonia
under registry code 16495334, with registered office at Gonsiori
tn 29-3, Kesklinna linnaosa, 10147 Tallinn, Harju maakond, Estonia,
VAT number EE102538959 ("Trashify", "we", "us", "our").
1.2 Contact points.
General: hello@makrr.ai
Support: support@makrr.ai
Legal: legal@makrr.ai
Privacy: privacy@makrr.ai
Abuse: support@makrr.ai (subject: ABUSE REPORT)
Security: security@makrr.ai
Compliance: compliance@makrr.ai
1.3 You. In these Terms, "you" and "Customer" mean the legal
entity whose account is created and administered through the
Service. The individual who clicks "Accept" confirms that they are
at least eighteen (18) years old, are authorised to bind the
Customer to these Terms, and are using the Service in the course
of that Customer's business, trade, craft or profession.
1.4 Sole-trader route. Where an individual is registered as a
sole trader or otherwise acts in a business capacity without a
distinct legal entity, that individual is the Customer and is
treated as a business user for the purposes of these Terms. A
business account on the platform must still be created, and the
individual represents that the Service is being used for business
purposes and not as a consumer.
1.5 Not for consumer use. The Service is not offered to, or
directed at, consumers within the meaning of Directive 2011/83/EU
or §1 of the Consumer Protection Act of Estonia. If you register
in a personal capacity for private, domestic or non-business
purposes, you acknowledge that consumer-protection rules which
depend on consumer status will not apply to the extent that is
permitted by mandatory law, and you indemnify us for loss caused
by a material misrepresentation of your status.
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SECTION 2. THE AGREEMENT
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2.1 Binding contract. These Terms of Service, together with the
documents listed in clause 2.2, form a binding contract between
you and us (the "Agreement"). They are our general terms within
the meaning of §35 of the Law of Obligations Act of Estonia and
are presented before conclusion of the contract as required by
§209 of the Commercial Code of Estonia.
2.2 Related documents that form part of the Agreement:
(a) these Terms of Service;
(b) the MAKRR Privacy Policy;
(c) the MAKRR Acceptable Use Policy;
(d) the MAKRR End User Licence Agreement (for hardware and
embedded firmware);
(e) the MAKRR Data Processing Agreement (for personal data
we process on your behalf);
(f) the MAKRR Cookie Policy;
(g) any plan description, pricing schedule, order confirmation
or written agreement signed by both parties.
2.3 Order of precedence. If there is a conflict, the order is:
(i) any written agreement signed by both parties; (ii) the Data
Processing Agreement for personal-data matters; (iii) the End User
Licence Agreement for hardware and firmware matters; (iv) these
Terms of Service; (v) the Privacy Policy, Cookie Policy and
Acceptable Use Policy.
2.4 Acceptance and evidence. You accept the Agreement
electronically at registration and again when a material update
requires re-acceptance. We record each acceptance with the user
identifier, document type and version, timestamp, IP address and
user agent, as evidence under Article 7(1) of the GDPR.
2.5 Updates. We may update the Agreement to reflect changes in
law, regulatory guidance, the Service, our sub-processors, or our
business. We will publish the new version and, where the change is
material, notify you by email or in-product banner at least
thirty (30) days in advance, except where a shorter period is
required by law, in which case we will give the longest period
that is reasonably possible. If you do not accept a material
update, your sole remedy is to stop using the Service and cancel
in accordance with clause 15. Continued use of the Service after
the effective date is acceptance.
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SECTION 3. THE SERVICE
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3.1 What MAKRR does. The Service comprises:
(a) a web-based image and video annotation platform;
(b) AI-assisted pre-annotation and automatic detection using
open-source computer-vision models running on
infrastructure under our control;
(c) a training pipeline that lets you train custom detection,
segmentation and classification models on your data;
(d) a deployment pipeline that pushes trained models to
MAKRR-compatible edge devices;
(e) optional hardware sold separately under the EULA;
(f) an analytics layer derived from device telemetry and
calibration; and
(g) account, billing, team-management and support functions.
3.2 Service tiers and credits. Access to specific features,
inference credits, training credits, device slots, storage and
team seats depends on the plan you select and any credit packs
you purchase. Current pricing and entitlements are shown on your
billing page and in the plan catalogue at the time of purchase.
Plan features and limits may change for future billing cycles
under clause 5.4.
3.3 Availability. We use commercially reasonable efforts to keep
the Service available. We do not guarantee uninterrupted operation.
Save as expressly stated in the Agreement, the Service is provided
"as is" and "as available".
3.4 Third-party components. The Service integrates third-party
components (including open-source AI models such as OWLv2,
Florence-2, SAM, Grounding DINO, Faster R-CNN, Mask R-CNN and
RT-DETR; Stripe for payments; Amazon Web Services for storage and
IoT messaging; Google Workspace for email; Google reCAPTCHA for
bot prevention; Sentry for error reporting; and Nvidia components
on devices). Your use of these components is subject to their own
licences, which we pass through to you. A current sub-processor
list appears in the Privacy Policy and at /legal/subprocessors.
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SECTION 4. REGISTRATION, TEAM ACCOUNTS AND SECURITY
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4.1 Accurate information. You must provide accurate, current and
complete information at registration and keep it up to date.
False registration information (including jurisdiction, business
status or purpose of use) is a material breach.
4.2 Company account. The Service is organised around a Company
record. The first user to register creates a Company and becomes
its administrator. Subsequent users join the Company on
invitation. The Customer is the Company; rights under the
Agreement belong to the Customer, not to individual users. The
Customer's administrators may act for the Customer in all matters
under the Agreement.
4.3 Credentials. You are responsible for maintaining the
confidentiality of account credentials and for every action taken
under the account. You must notify support@makrr.ai without undue
delay upon learning of any unauthorised access or any security
incident affecting the account, device credentials or API keys.
4.4 Team members. When you add team members, you represent that
you have the right to do so, have a lawful basis to process their
personal data for that purpose, and have informed them that the
Service is operated by us. You are responsible for the acts and
omissions of your team members as if they were your own.
4.5 Age. No user of the Service may be under 18. The Service is
not directed at, and must not be used by, children.
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SECTION 5. PLANS, FEES, BILLING AND CREDITS
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5.1 Fees. You agree to pay all fees for the plans, credits,
hardware and overages you select. Fees are stated exclusive of
VAT and other taxes, which you pay in addition where applicable.
Fees are in Euro (EUR) unless a different currency is expressly
offered at checkout.
5.2 Payment processor. Payments are processed by Stripe Payments
Europe Ltd and its affiliates. You authorise us and Stripe to
charge your chosen payment method for all applicable fees,
including recurring charges, metered overage, credit-pack top-ups
and hardware orders.
5.3 Auto-renewal. Subscriptions renew automatically at the end
of each billing cycle for a further period of equal length at the
then-current price, unless cancelled before the renewal date
through the billing page.
5.4 Price changes. We may change fees, plan limits or credit
rates on at least thirty (30) days' prior notice delivered through
the Service (in-product banner, account page, or email to the
billing contact). The change takes effect on the next renewal. If
you do not accept the change you may cancel the affected plan
before the renewal date; continued use after the effective date
is acceptance of the change.
5.5 Credits. Credit packs (including inference credits, training
credits and bonus device slots) are one-time purchases that grant
a fixed quantity of entitlements. Credits are non-refundable, non-
transferable, non-exchangeable, have no cash value, and do not
expire unless expressly stated at purchase. Promotional or
referral credits may have different rules stated at grant.
5.6 No refunds. Except where mandatory law requires otherwise,
all fees and credit purchases are final and non-refundable.
Cancellations take effect at the end of the current billing cycle;
no pro-rata refund is given for unused time or unused features.
Hardware returns are governed by clause 2 of the EULA.
5.7 Taxes. You are responsible for all taxes arising from your
purchase, other than taxes on our net income. If you are VAT-
registered in an EU Member State other than Estonia, you must
provide a valid VAT number to benefit from reverse-charge
treatment.
5.8 Late payment and suspension. If a payment is more than
seven (7) days overdue, we may (a) suspend the Service, including
any active device subscriptions, training jobs and inference
entitlements; (b) withhold exports; (c) apply statutory default
interest under the Law of Obligations Act of Estonia; and (d) use
third-party debt collection at your cost. Suspension does not
waive the fees for the suspended period.
5.9 Disputed invoices. You must notify us in writing of any
invoice dispute within thirty (30) days of the invoice date,
specifying the disputed amount and reason. Amounts not disputed
within that period are deemed accepted and become due.
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SECTION 6. YOUR CONTENT, YOUR MODELS, YOUR LIABILITY
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6.1 Definitions.
"User Content" means any image, video, text, prompt,
annotation, label, category, dataset or other material you or
your team upload to or generate within the Service.
"Customer Models" means any model artefacts trained by you
through the Service using your User Content, including
weights, configuration files, ONNX exports, TensorRT engines
and associated metadata.
"Derived Signals" means aggregated, statistical or otherwise
non-identifying information derived from User Content through
operation of the Service, including counts, feature
statistics, augmentation patterns and dataset composition
summaries.
6.2 Your ownership, subject to licences. As between you and us,
you retain all rights in User Content and Customer Models, subject
always to (i) the licences you grant in this Agreement, (ii) any
third-party licence under which elements of the User Content were
obtained, and (iii) clause 6.10 (licence propagation into Customer
Models).
6.3 Licence to operate the Service. You grant us a worldwide,
non-exclusive, royalty-free, non-sublicensable (except to our
sub-processors as necessary to provide the Service) licence to
host, copy, transmit, process, transform, analyse, display back to
your team, and make technically-necessary derivatives of User
Content and Customer Models, solely to:
(a) provide, operate, secure, maintain and improve the
Service for your benefit;
(b) run AI inference, annotation and training that you
request, including on infrastructure we operate in the
European Union and, where expressly disclosed in the
Privacy Policy, in India;
(c) deploy Customer Models to devices you designate;
(d) perform backup, disaster-recovery, debugging and abuse-
prevention operations;
(e) comply with legal process; and
(f) enforce this Agreement.
This licence survives termination only to the extent needed for
archival, legal, audit and tax purposes under retention periods in
the Privacy Policy.
6.4 Platform-improvement licence (opt-out available). In
addition to clause 6.3, you grant us a limited licence to process
Derived Signals, and the narrowest subset of User Content
reasonably necessary, to improve the Service and to develop
general-purpose detectors and models that are intended to be made
available back to all Customers. This processing is carried out on
the legal basis of our legitimate interest in improving our
Service for all Customers (GDPR Article 6(1)(f)), subject to the
following binding safeguards:
(a) we do not train identifying models of natural persons,
vehicles or property; we strictly exclude faces, vehicle
registration marks and other identifying features from
the training set or hash/blur them before use;
(b) we do not use any content that falls within Article 9
GDPR (special categories) in our platform-improvement
training;
(c) we do not share Customer Models or raw User Content of
one Customer with any other Customer;
(d) our models are evaluated for accuracy and bias before
release;
(e) you may opt out at any time, without giving reasons and
without detriment, by (i) toggling "Do not use my data
for platform improvement" in your account settings, or
(ii) writing to privacy@makrr.ai. Opt-out applies
prospectively; data already processed under the opt-in
state and fully integrated into trained artefacts may
remain in those artefacts, but no further processing of
your data will occur after opt-out;
(f) you may object at any time under Article 21 GDPR and we
will stop processing unless we can demonstrate
compelling legitimate grounds that override your rights
and freedoms;
(g) your opt-out or objection in respect of your business
data does not cascade automatically to data subjects
visible in your User Content; for those individuals, you
remain responsible for ensuring you have a lawful basis.
6.5 No sale or sublicensing. We do not sell, rent, or license
User Content or Customer Models to any third party, and we do not
use them to train models for any third party or to train any
foundation model for commercial release, except strictly as
described in clause 6.4 for our own Service.
6.6 Per-upload rights attestation. On each upload, you confirm
for that upload that you either own the content outright or hold
all necessary rights, licences, consents and permissions to
(i) upload it to the Service, (ii) grant us the licences in
clauses 6.3 and 6.4, (iii) depict every identifiable person,
brand, artwork, property or other protected subject matter in the
content, and (iv) use the content for your intended training and
deployment. This attestation is recorded with the upload and is
evidence of your representation. Uploading without these rights
is a material breach and triggers clause 13 (indemnity) in full.
6.7 Uploads where you do not have rights. If you discover that
you have uploaded content without the necessary rights, you must
delete it from the Service without delay and notify us at
support@makrr.ai. We will not hold that honest notification
against you in enforcing this Agreement, but it does not remove
your liability to third parties.
6.8 Our right to remove content. We may remove, disable,
restrict or withhold User Content, Customer Models, exports,
training jobs or deployments where we have reasonable grounds to
believe (a) the content or activity violates this Agreement, the
Acceptable Use Policy or applicable law; (b) continued hosting
exposes us or other users to legal, security or reputational risk;
(c) we have received a valid legal demand or a compliant notice
under clause 16; or (d) a supervisory authority directs us to do
so. We will notify you where reasonably possible and lawful.
6.9 You are the liability centre for content. Because you
control what is uploaded, you — and not us — bear the legal and
financial consequences of any third-party claim arising from
User Content, Customer Models, your deployment choices, your end
users' use of the outputs, and your compliance with data
protection, intellectual property, consumer, labour, surveillance,
sanctions, AI-regulation and any other laws applicable to your
use-case. This allocation is reflected in clause 13 (indemnity)
and clause 14 (liability cap). Nothing in this clause limits our
responsibility as an intermediary under Article 4–6 of the
Digital Services Act and Article 28 GDPR, which is not contracted
away.
6.10 Customer Models and licence propagation. Customer Models
inherit the upstream licensing obligations of the datasets and
third-party pretrained weights used to train them. In particular:
(a) if you train on data under Creative Commons
"ShareAlike" terms (CC-BY-SA), the resulting Customer
Model may be subject to ShareAlike obligations;
(b) if you train on data under "NonCommercial" terms, the
Customer Model may not be used commercially;
(c) if the base pretrained weights are under Apache-2.0,
MIT, BSD-3 or another permissive licence, attribution
and notice obligations flow through;
(d) if the base weights are under a custom licence (for
example, research-only or non-military clauses), those
clauses flow through to your Customer Model.
You bear sole responsibility for licence compliance in your
Customer Models, their export, their deployment, and any
distribution. The platform's per-project "data_license" metadata
field is provided as a governance aid; selecting a value does not
grant you a licence you did not otherwise hold and does not
sanitise non-compliant content.
6.11 Our operational licence in Customer Models. You grant
Trashify a non-exclusive, worldwide, royalty-free licence, solely
for the operational life of the Service provided to you, to
(i) store, copy, transmit, convert (including to ONNX / TensorRT),
sign and deploy Customer Models to the Hardware or cloud
endpoints you designate; (ii) validate and test Customer Models
for platform compatibility; (iii) perform security, integrity,
telemetry and abuse-prevention checks; and (iv) maintain a
technical audit trail of deployments. This licence does not
permit us to make Customer Models available to any other Customer
or to train our own general models on Customer Models, except as
expressly authorised under clause 6.4 or under a separate written
agreement.
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SECTION 7. OUR INTELLECTUAL PROPERTY
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7.1 Our IP. The Service, the MAKRR name and marks, the software
(cloud, web, and firmware), the documentation, the pretrained
models we commission, the annotation interface, the training
pipeline, the inference engine, the analytics layer and all
improvements to any of the foregoing are and remain the exclusive
property of Trashify or its licensors, protected by copyright,
trademark, trade secret and other laws. No right is granted to
you in any of the foregoing except as expressly set out in the
Agreement.
7.2 Licence to use the Service. Subject to your payment of fees
and your compliance with the Agreement, we grant you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable
licence to access and use the Service for your internal business
purposes during the term.
7.3 Feedback. If you voluntarily give us feedback, suggestions,
ideas or bug reports, you grant us a perpetual, irrevocable,
worldwide, royalty-free licence to use them without restriction
and without obligation to you. We are not obliged to act on
feedback.
7.4 Reverse engineering prohibited. You must not decompile,
disassemble, reverse engineer, extract model weights from device
binaries, or attempt to derive source code from any component of
the Service or the firmware, except and only to the extent this
restriction cannot be lawfully excluded under Article 6 of
Directive 2009/24/EC (interoperability), and then only after
giving us prior written notice and a reasonable opportunity to
supply the necessary interoperability information ourselves.
7.5 Brand use. You may state, factually, that you are a MAKRR
customer. You must not use our marks in any manner that suggests
endorsement, sponsorship or partnership without our prior written
consent.
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SECTION 8. PROHIBITED AND RESTRICTED USES
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8.1 Acceptable Use Policy. Your use of the Service is subject to
the MAKRR Acceptable Use Policy, which is incorporated by
reference. Breach of the Acceptable Use Policy is a material
breach of this Agreement.
8.2 Particular prohibitions. Without limiting the AUP, you must
not:
(a) upload content that infringes another person's
intellectual property, privacy, publicity, moral or
other rights;
(b) upload child sexual abuse material, non-consensual
intimate imagery, terrorism content, content inciting
violence or hatred, or other content prohibited by the
AUP or applicable law;
(c) use the Service, any output, any Customer Model or any
MAKRR hardware for medical diagnosis or treatment,
autonomous-vehicle control, aviation, nuclear or
critical-infrastructure control systems, law-enforcement
identification, weapons targeting or lethal autonomy,
life-safety or life-support systems, or any other
safety-critical application, except under a separate
written agreement with us that specifically authorises
such use;
(d) use the Service to make decisions with legal or
similarly significant effect on natural persons (credit,
employment, insurance, access to services, law
enforcement, immigration or the administration of
justice) without meaningful human review and applicable
GDPR / AI-Act safeguards;
(e) perform biometric identification, emotion recognition,
social scoring, or any practice prohibited or restricted
by Articles 5, 6, 26, 27 or 50 of Regulation (EU)
2024/1689 (the "AI Act"), without notifying us at
compliance@makrr.ai and completing your obligations as
"deployer";
(f) surveil workers in a manner unlawful under labour or
data-protection law in the relevant jurisdiction;
(g) circumvent rate limits, credit accounting, access
controls, telemetry, or any tamper-detection feature;
(h) use the Service to develop a competing product or to
benchmark for publication without our consent;
(i) introduce malware, or conduct intrusion, fuzzing or
denial-of-service testing, except under a written
security-testing agreement;
(j) export, re-export or transfer the Service, Customer
Models, hardware or firmware in breach of Estonian, EU,
UK or US sanctions or export controls, including
Regulation (EU) 2021/821.
8.3 Upload of prohibited content is on you. Where you upload
content in breach of clause 8.2(a), 8.2(b) or otherwise of the
AUP, liability rests entirely with you. Our removal of such
content and our reporting it to authorities does not reduce your
liability and does not give you any claim against us.
8.4 Suspension for breach. Where we reasonably believe you are
in breach of this clause 8, we may immediately suspend the
account, freeze training jobs, block deployments, or withhold
outputs, and will notify you as soon as reasonably practicable.
Suspension for breach does not entitle you to a refund or credit
and is without prejudice to our other remedies.
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SECTION 9. AI OUTPUTS — NO WARRANTY, NO RELIANCE
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9.1 Probabilistic outputs. Pre-annotations, detections, bounding
boxes, class labels, confidence scores, segmentation masks,
tracks, counts, alerts and any other outputs produced by AI
components of the Service — whether from third-party pretrained
models running on our infrastructure or from Customer Models —
are probabilistic estimates. They may be wrong, incomplete,
biased or missing. Accuracy varies with input quality, domain
shift, prompt quality, lighting, angle, occlusion, and many
factors outside our control.
9.2 No reliance. You must not treat any AI output as a fact,
and you must not use any AI output as the sole or determining
basis for any material decision. A qualified human must review
AI outputs before any material action.
9.3 Prohibited uses restated. Uses prohibited under clause
8.2(c), (d) and (e) are prohibited without exception save under a
separate written agreement that specifically authorises them.
9.4 No warranty on outputs. We make no representation or
warranty, express or implied, as to the accuracy, completeness,
reliability, fitness for purpose, merchantability or non-
infringement of any AI output, third-party model, Customer Model,
or dataset made available through the Service. All implied
warranties are excluded to the maximum extent permitted by law.
9.5 Third-party models. We pass through the licences of third-
party pretrained models (including, without limitation, OWL-ViT,
OWLv2 (Apache-2.0), Florence-2 (MIT), Segment Anything and SAM2
(Apache-2.0), Grounding DINO (Apache-2.0), and torchvision Faster
R-CNN, Mask R-CNN, SSD and RT-DETR weights (BSD-3-Clause /
Apache-2.0)). Your use of these models is also subject to their
respective licences, notices for which are in the EULA and at
/legal/third-party-notices. We are not a party to those licences
and make no warranty in respect of them.
9.6 Your obligations as deployer under the AI Act. If your use
of the Service or of a Customer Model constitutes the placing on
the market, putting into service, or use of an AI system that is
"high-risk" under Annex III of the AI Act, you are the "deployer"
or "provider" in that value chain, not us. You must perform the
obligations applicable to your role, including conformity
assessments, logging, human oversight, transparency to data
subjects, and registration where required.
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SECTION 10. DEVICES AND EMBEDDED FIRMWARE
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Where you order MAKRR-compatible hardware (including Nvidia
Jetson-based devices) through the Service, the hardware, embedded
firmware and deployed models are supplied under the MAKRR End
User Licence Agreement at /legal/eula, which governs hardware
warranty, shipping, title, export controls, firmware licensing,
OTA updates, device lifecycle, and what happens to the device if
a subscription lapses. In case of conflict with these Terms, the
EULA prevails for hardware and firmware matters.
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SECTION 11. DATA PROTECTION
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11.1 Privacy Policy. Our processing of personal data relating
to you, your users, visitors to our sites, and people about whom
you upload personal data is described in the MAKRR Privacy Policy
and is subject to the GDPR, the Personal Data Protection Act of
Estonia, and other applicable laws.
11.2 Controller and processor. For personal data about your
account users and visitors to our sites, Trashify is the
controller. For personal data that you upload or capture through
the Service about third parties (including images of identifiable
persons, vehicle registration marks, device-captured video, and
telemetry from devices you install), you are the controller and
we act as processor on your behalf. Our processing of that data
is governed by the MAKRR Data Processing Agreement at /legal/dpa,
which is incorporated by reference.
11.3 Lawful basis is yours. You represent and warrant that, for
every processing activity you instruct us to carry out, you have
a lawful basis under Article 6 GDPR (and, where applicable,
Article 9 for special categories), that you have given any
required notice to data subjects under Articles 13–14, and that
you have completed any data-protection impact assessment required
under Article 35.
11.4 Biometrics and identification. If your use-case requires
identification or re-identification of natural persons from
images or video (including facial recognition, gait recognition,
emotion recognition, or biometric categorisation), you warrant
that you have satisfied all applicable conditions under Articles
9, 22, 35 and 36 GDPR and under Articles 5 and 26 of the AI Act,
and you will stop using that feature on our written request if
we have a reasonable concern about compliance.
11.5 International storage and processing. Production storage
is located in the European Union (Frankfurt, Germany). Certain
training workloads may be executed on computing infrastructure
under our control in India, under EU Standard Contractual Clauses
and a Transfer Impact Assessment documented in the Privacy
Policy. Certain ancillary sub-processors are located in the
United States (including Stripe, Sentry and Google), in each
case under an appropriate Chapter V GDPR transfer mechanism.
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SECTION 12. CONFIDENTIALITY
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12.1 Definition. "Confidential Information" means any non-
public information disclosed by one party to the other, whether
marked confidential or which a reasonable person would understand
to be confidential from the circumstances. Our Confidential
Information includes the architecture, source code, roadmap and
pricing of the Service. Your Confidential Information includes
User Content and Customer Models.
12.2 Obligations. Each party will (a) use the other's
Confidential Information only to perform the Agreement;
(b) protect it with at least the same degree of care it uses for
its own confidential information, and in any event not less than
reasonable care; and (c) not disclose it except to
representatives who need to know and who are bound by equivalent
duties.
12.3 Exceptions. The obligations do not apply to information
that (a) is or becomes publicly known without breach, (b) was
lawfully known without restriction before disclosure,
(c) is independently developed without use of the other party's
Confidential Information, or (d) is required to be disclosed by
law, subject to giving the disclosing party reasonable prior
notice where lawful.
12.4 Survival. Confidentiality obligations survive for a period
of five (5) years after termination, or indefinitely for trade
secrets.
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SECTION 13. INDEMNITY
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13.1 By you. You will defend, indemnify and hold harmless
Trashify, its affiliates, officers, directors, employees,
contractors and licensors from and against any third-party claim,
proceeding, investigation, loss, damage, liability, fine, penalty
or cost (including reasonable legal fees) arising out of or
relating to:
(a) your User Content and Customer Models, including any
allegation of infringement of third-party intellectual
property, privacy, publicity, personality or contract
rights;
(b) your breach of clause 6.6 (attestation), the Acceptable
Use Policy, clause 8 (prohibited uses), or applicable
law;
(c) your use of AI outputs, including decisions made,
actions taken, harm caused or failures to detect
attributable to your reliance on an output;
(d) your deployment or use of Customer Models, pretrained
models or hardware, including in breach of the AI Act,
labour law, data-protection law, consumer law, export
controls or sanctions;
(e) a complaint or regulatory investigation brought by or
on behalf of a data subject arising from your
processing of their personal data through the Service;
(f) a dispute between you and any of your end users,
employees, customers, counterparties or data subjects.
13.2 Procedure. We will notify you promptly of any covered
claim, give you sole control of defence and settlement (provided
no settlement imposing obligations on us is made without our
written consent, not to be unreasonably withheld), and give you
reasonable assistance at your cost. Our failure to notify
promptly does not relieve you of your obligations except to the
extent materially prejudiced.
13.3 Our IP indemnity. We will defend you against any third-
party claim that your authorised use of the Service (excluding
User Content, Customer Models and third-party components)
infringes a European Union copyright, trade secret or registered
patent, and will pay damages finally awarded or agreed in
settlement, subject to clauses 13.4 and 14.
13.4 Carve-outs. Our obligation under 13.3 does not cover
claims arising from (a) User Content, Customer Models or third-
party components; (b) use of the Service after we notified you
to stop; (c) modifications not made by us; (d) combinations with
products we did not supply; or (e) use outside the scope of the
Agreement.
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SECTION 14. DISCLAIMERS AND LIABILITY CAP
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14.1 "As is". Except as expressly set out in the Agreement and
to the maximum extent permitted by law, the Service, Customer
Models, hardware, firmware, and all outputs are provided "as is"
and "as available". We disclaim all implied warranties,
including merchantability, fitness for a particular purpose,
non-infringement, accuracy and satisfactory quality.
14.2 Excluded losses. To the maximum extent permitted by law,
neither party is liable for (a) indirect, incidental, special,
consequential, exemplary or punitive damages; (b) loss of
revenue, profits, business, contracts, goodwill, anticipated
savings, or data; (c) cost of substitute services; (d) loss
arising from a third-party claim, except in each case as
expressly provided in clause 13.
14.3 Aggregate cap. Our total aggregate liability arising out
of or in connection with the Agreement, whether in contract,
tort (including negligence), breach of statutory duty or
otherwise, is limited to the greater of (a) the fees paid by you
to us under the Agreement in the twelve (12) months before the
event giving rise to the liability, or (b) five hundred euro
(EUR 500).
14.4 Uncapped liability. Nothing in this Agreement limits or
excludes liability for (a) death or personal injury caused by
negligence; (b) fraud or fraudulent misrepresentation; (c) any
liability that cannot be excluded under mandatory law, including
§106 of the Law of Obligations Act of Estonia, product liability
under Directive 85/374/EEC (or successor legislation), and the
DSA, GDPR and AI Act to the extent they impose non-excludable
obligations.
14.5 Allocation of risk. The fees reflect the allocation of
risk set out in this clause 14. You acknowledge that the cap
and exclusions are reasonable having regard to the nature and
price of the Service.
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SECTION 15. TERM AND TERMINATION
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15.1 Term. The Agreement starts on first acceptance and
continues until terminated in accordance with this clause.
15.2 Termination for convenience. You may cancel any
subscription effective at the end of the current billing cycle
via the billing page. Cancellation does not trigger a refund.
15.3 Termination for cause. Either party may terminate the
Agreement (or an affected subscription) on written notice if the
other party materially breaches the Agreement and fails to cure
within fourteen (14) days of notice (or immediately where the
breach is incapable of cure). We may also terminate immediately
on notice where (a) you breach clause 8, the AUP, an export-
control or sanctions law; (b) you become insolvent, enter
administration, liquidation or a similar proceeding;
(c) continued provision of the Service would expose us to
material legal, regulatory or reputational risk; or (d) your
account has been inactive for twelve (12) months and all fees
have been settled.
15.4 Effect of termination. On termination: (a) your right to
access the Service ends; (b) for a period of thirty (30) days
after termination we will, on request, make your User Content
and Customer Models available for export in a structured,
commonly-used machine-readable format; (c) thereafter we may
irrevocably delete your data, subject to backup cycles and legal
retention described in the Privacy Policy; (d) accrued rights,
including payment obligations, survive; (e) clauses that by
their nature survive (including 6.9, 7, 12, 13, 14, 16, 17, 18)
survive.
15.5 Hardware. Termination of platform subscriptions does not
terminate your ownership of hardware you have purchased. See the
EULA for what happens to the device on termination.
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SECTION 16. NOTICE-AND-ACTION (DIGITAL SERVICES ACT)
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16.1 Notice mechanism. In compliance with Article 16 of
Regulation (EU) 2022/2065 (the "Digital Services Act"), we
operate a notice-and-action procedure. Notices may be submitted
to support@makrr.ai with the subject "ABUSE REPORT" and must
contain:
(a) a sufficiently substantiated explanation of why the
content is illegal or breaches this Agreement;
(b) a clear identification (URL or other locator) of the
content;
(c) the name and contact of the notifier, except for
reports concerning offences against Directive
2011/93/EU (child sexual abuse), which may be made
anonymously;
(d) a statement of good-faith belief that the information
is accurate and complete.
16.2 Handling. We process valid notices in a timely, diligent
and objective manner. We may remove, disable, restrict or
downrank content we consider, in our reasonable judgement, to be
illegal or in breach of this Agreement. We notify the user whose
content is affected, give reasons, and inform them about
internal complaint-handling, unless notification is prohibited
by law or law-enforcement request.
16.3 Repeat offenders. We may suspend users who frequently
provide manifestly illegal content or who frequently submit
manifestly unfounded notices, after prior warning.
16.4 Law enforcement. We cooperate with lawful orders from
competent authorities. Where law allows, we notify the affected
user before disclosing their data.
16.5 Internal complaint-handling. A user affected by an
enforcement action may submit an internal complaint to
legal@makrr.ai within six (6) months of the action. We review
complaints without undue delay and not in a discriminatory,
arbitrary or unjustified manner. Users may also use a certified
out-of-court dispute-resolution body under Article 21 of the DSA.
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SECTION 17. FORCE MAJEURE
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Neither party is liable for failure or delay in performance
(other than payment obligations) caused by events outside its
reasonable control, including acts of God, war, terrorism, civil
unrest, cyber-attack on third-party infrastructure, strikes,
government acts, pandemic, and failures of electricity,
telecommunications or internet backbone. The affected party will
use reasonable efforts to mitigate.
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SECTION 18. GENERAL
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18.1 Governing law. The Agreement is governed by the laws of
the Republic of Estonia, excluding conflict-of-laws principles
and the UN Convention on Contracts for the International Sale of
Goods.
18.2 Jurisdiction. The courts of Estonia (Harju County Court,
Tallinn, at first instance) have exclusive jurisdiction over any
dispute arising out of or in connection with the Agreement,
except that either party may seek interim or injunctive relief in
any court of competent jurisdiction to protect its intellectual-
property rights or Confidential Information.
18.3 Assignment. You may not assign or transfer the Agreement
without our prior written consent. We may assign the Agreement
to an affiliate or to a successor in connection with a merger,
acquisition or sale of substantially all of our assets, on
notice to you.
18.4 Subcontracting. We may use subcontractors to perform the
Service. We remain responsible for their performance. Sub-
processors handling personal data are governed by the Data
Processing Agreement.
18.5 Notices. Notices to us must be sent to legal@makrr.ai with
a copy by registered post to our registered office. Notices to
you will be sent to the email address and/or billing address on
file.
18.6 Entire agreement. The Agreement is the entire agreement
between the parties on its subject matter and supersedes any
prior discussions or communications. Pre-contractual statements
outside the Agreement do not create liability except in cases of
fraud.
18.7 No waiver. A failure or delay in exercising a right is not
a waiver. A waiver must be in writing to be effective.
18.8 Severability. If any provision is held unenforceable, it
is modified to the minimum extent necessary to make it
enforceable (or severed if modification is not possible); the
remainder continues in force.
18.9 No partnership. Nothing in the Agreement creates a
partnership, agency, joint venture or employment relationship.
18.10 Third-party rights. A person who is not a party to the
Agreement has no rights under it. Our affiliates may enforce
clauses intended to benefit them.
18.11 Language. The Agreement is concluded in English.
Translations (including Estonian) may be provided for
convenience; in case of inconsistency, the English version
prevails.
18.12 Regulatory references. References to laws and regulations
are to them as amended, consolidated, replaced or re-enacted from
time to time.
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SECTION 19. CONTACT
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Trashify Tech OÜ
Registry code: 16495334
Registered office: Gonsiori tn 29-3, Kesklinna linnaosa,
10147 Tallinn, Harju maakond, Estonia
VAT: EE102538959
General: hello@makrr.ai
Support: support@makrr.ai
Legal & compliance: legal@makrr.ai
Abuse reports: support@makrr.ai (subject: ABUSE REPORT)
Privacy: privacy@makrr.ai
Security: security@makrr.ai
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Version 1.0 · Effective 2026-04-17
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