Terms of service
TERMS OF SERVICE & PRIVACY POLICY
makone-bi.com
Effective Date: March 19, 2023
PART 1 — TERMS OF SERVICE
1. Agreement to Terms
By accessing or using the website located at makone-bi.com (the “Site”) and any services, automation solutions, consulting, or deliverables provided by Makone BI (“Company,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service. If you do not agree, you must discontinue use of the Site and Services immediately.
2. Services
Makone BI provides AI-powered workflow automation services, including but not limited to:
• Design, development, and deployment of automated workflows (e.g., n8n-based solutions)
• Integration with third-party platforms (CRMs, communication tools, scheduling systems, EHR systems, and other SaaS products)
• Consulting and advisory services related to operational automation
• Ongoing maintenance, monitoring, and optimization of automation systems
The specific scope of services for each engagement will be outlined in a separate Statement of Work (“SOW”) or service agreement between the Company and Client.
3. Client Responsibilities
You agree to:
• Provide accurate and timely information, credentials, and access required for service delivery
• Obtain all necessary consents and permissions from your end users, patients, or clients before their data is processed through any automation we build
• Comply with all applicable laws, regulations, and industry standards (including HIPAA, PIPEDA, or other relevant data protection laws) that apply to your business
• Refrain from using the Services for any unlawful, fraudulent, or harmful purpose
• Promptly notify us of any issues, errors, or security concerns discovered in the systems we deliver
4. Intellectual Property
Upon full payment, you will own the custom workflow configurations and automations built specifically for your engagement. However, Makone BI retains ownership of all proprietary templates, frameworks, methodologies, know-how, and pre-existing intellectual property used in the delivery of Services. We reserve the right to reuse generalized techniques and non-client-specific components in future work.
5. Payment Terms
Payment terms, rates, and schedules will be specified in the applicable SOW or invoice. Unless otherwise agreed:
• Invoices are due within 30 days of issuance
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower
• We reserve the right to suspend or terminate Services for overdue accounts
6. Limitation of Liability
To the maximum extent permitted by law, Makone BI’s total liability for any claim arising out of or related to the Services shall not exceed the total fees paid by the Client to the Company in the twelve (12) months preceding the claim.
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or business interruption, whether arising from contract, tort, negligence, or otherwise.
7. Third-Party Services
Our automations may integrate with or rely upon third-party platforms and services (e.g., CRMs, email providers, cloud services, AI APIs). We are not responsible for the availability, security, performance, or terms of any third-party service. Your use of third-party services is governed by their respective terms and policies.
8. Warranties & Disclaimers
We will perform Services with reasonable care and skill consistent with industry standards. Except as expressly stated herein, all Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Termination
Either party may terminate an engagement by providing 30 days’ written notice. Upon termination:
• All outstanding fees for work completed become immediately due
• We will provide reasonable transition assistance to hand over deliverables
• Sections on Intellectual Property, Limitation of Liability, and Confidentiality shall survive termination
We may terminate or suspend access to the Site or Services immediately if you breach these Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Montréal, Quebec.
11. Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to the Site with an updated effective date. Your continued use of the Services constitutes acceptance of any modifications.
PART 2 — PRIVACY POLICY
1. Introduction
Makone BI (“we,” “our,” or “us”) is committed to protecting the privacy of our clients, website visitors, and end users whose data may be processed through the automation solutions we build. This Privacy Policy describes how we collect, use, disclose, and protect personal information in connection with our Site (makone-bi.com) and Services.
2. Information We Collect
2.1 Information You Provide Directly
• Contact information (name, email address, phone number, business name)
• Business and project details shared during consultations, onboarding, or service delivery
• Billing and payment information (processed securely through third-party payment processors)
• Communications you send us (emails, form submissions, support requests)
2.2 Information Collected Automatically
• Log data (IP address, browser type, operating system, referring URLs)
• Usage data (pages visited, time on site, click patterns)
• Cookies and similar tracking technologies (see Section 7 below)
2.3 Client Data
In the course of providing automation services, we may process data belonging to your end users, patients, or customers (“Client Data”) as a data processor on your behalf. You remain the data controller of Client Data and are responsible for ensuring all necessary consents and legal bases for processing are in place.
3. How We Use Information
We use personal information for the following purposes:
• To deliver, maintain, and improve our Services
• To communicate with you about projects, invoices, and support
• To respond to inquiries and provide customer support
• To send relevant marketing communications (with your consent, where required)
• To comply with legal obligations and enforce our Terms of Service
• To analyze website usage and improve the user experience
4. How We Share Information
We do not sell personal information. We may share information with:
• Service providers and subcontractors who assist in delivering our Services (e.g., cloud hosting, payment processors, analytics tools), subject to confidentiality obligations
• Third-party platforms that are part of your automation workflows, as directed by you
• Legal authorities when required by law, court order, or to protect our rights
• Professional advisors (accountants, lawyers) as necessary for business operations
In the event of a merger, acquisition, or sale of assets, personal information may be transferred as part of the transaction, subject to applicable privacy laws.
5. Data Security
We implement reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, alteration, disclosure, or destruction. These measures include encryption in transit (TLS/SSL), access controls, secure credential management, and regular review of security practices.
No method of data transmission or storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security.
6. Data Retention
We retain personal information only for as long as necessary to fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, and enforce our agreements. Client Data is retained for the duration of the service engagement and deleted or returned within 90 days of engagement termination, unless otherwise agreed in writing.
7. Cookies & Tracking Technologies
Our Site may use cookies and similar technologies to:
• Remember your preferences and settings
• Analyze site traffic and usage patterns
• Support marketing and analytics efforts
You can manage cookie preferences through your browser settings. Disabling cookies may affect certain site functionality.
8. Your Privacy Rights
Depending on your jurisdiction, you may have the right to:
• Access, correct, or delete your personal information
• Withdraw consent for processing (where consent is the legal basis)
• Request portability of your data in a structured, machine-readable format
• Object to or restrict certain processing activities
• Lodge a complaint with a supervisory authority
To exercise any of these rights, please contact us using the information in Section 11 below. We will respond to verified requests within the timeframe required by applicable law.
9. International Data Transfers
Your information may be processed and stored in jurisdictions outside your country of residence, including Canada and the United States. Where such transfers occur, we take steps to ensure your data is protected in accordance with applicable data protection laws and this Privacy Policy.
10. Children’s Privacy
Our Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected information from a child without verified parental consent, we will take steps to delete it promptly.
11. Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service or this Privacy Policy, please contact us at:
Makone BI
Website: makone-bi.com
Email: [email protected]
We aim to respond to all inquiries within five (5) business days.
12. Entire Agreement
These Terms of Service and Privacy Policy, together with any applicable SOW or service agreement, constitute the entire agreement between you and Makone BI with respect to the subject matter herein and supersede all prior or contemporaneous communications, whether written or oral.
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