Last updated: October 2025
These Terms of Service ("Terms") govern your use of the Makso platform operated by Wealth Beacon OÜ (registry code 16889317, Teaduse 17–10, Saku 75501 Harjumaa, Estonia). By using our Services, you agree to these Terms, forming a binding contract between you and Wealth Beacon OÜ.
Please read these Terms carefully. By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by them. If you do not agree to be bound by these Terms, then please do not access or use the Platform and Services.
Important: Makso acts as a payment processor and merchant of record for transactions only. When you purchase from a Seller, you enter into a direct agreement with that Seller for the product. Sellers are solely responsible for their products.
The definitions and terms defined below keep their meaning throughout these Terms of Service, regardless of whether they are capitalized or not in the sentence.
Platform: The Makso website, application, and merchant-of-record services including payment processing, tax calculation, invoicing, and compliance tools.
We/Makso/Our: Wealth Beacon OÜ (registry code: 16889317, address: Teaduse 17–10, Saku 75501 Harjumaa, Estonia).
Seller/You/Client: An individual or legal entity that creates a Makso account to sell products or services. In sections that apply to all users, "You" may also refer to Buyers.
Buyer: An individual or legal entity (including businesses, organizations, or other entities) who purchases products or services from a Seller through the Makso Platform. Buyers agree to these Terms by completing a purchase (no account required).
Customer: Depending on context, may refer to: (1) a Buyer who purchases products or services from a Seller via the Platform, or (2) any user of the Makso Platform (including both Sellers and Buyers). When a Customer purchases a product or service from a Seller, they enter into a direct contractual relationship with that Seller. Makso facilitates the payment transaction only.
Product(s)/Service(s): When referring to Seller offerings, "Product," "Products," "Service," and "Services" are used interchangeably throughout these Terms to mean any goods, services, content, or offerings that a Seller sells through the Platform. The Platform is primarily intended for digital products (e.g., online courses, software, SaaS subscriptions, ebooks, digital templates, memberships, coaching, digital content), but Sellers may offer other forms of goods or services provided they comply with all Terms, particularly Section 4 (Prohibited Content). Sellers are solely responsible for ensuring their products comply with all applicable laws.
Party or Parties: In singular, either Makso or the Seller, depending on the context; in plural, both.
Content: Any data, information, files, products, or materials that you upload, sell, or provide through the Platform.
Service(s) (Makso Services): When capitalized or in the context of Makso's offerings, refers to the various features and functionalities offered by the Makso Platform (payment processing, invoicing, tax calculation, etc.). This is distinct from "products or services" sold by Sellers.
Merchant of Record Role: Makso acts as merchant of record solely for purposes of payment processing, tax compliance, and invoicing. Makso does NOT act as the seller, provider, or guarantor of Seller products.
Pending Payouts/Pending Payments: Amounts owed to Sellers for completed transactions that have not yet been disbursed to the Seller's account. Payouts may be pending due to: (i) the payout schedule (e.g., weekly or monthly processing cycles); (ii) reserves held to cover potential refunds, chargebacks, or disputes; (iii) account verification or compliance requirements; (iv) minimum payout thresholds; or (v) account suspension or termination. Pending payouts do not constitute a debt obligation payable on demand and are subject to the payment terms in Section 7.
Privacy Policy: The policy that explains how Makso processes personal data of Sellers and Customers.
Status Page: A web page showing the status of the Platform and Services. Available at https://status.makso.io.
Website: All domains (like makso.io and other websites with the name "makso" registered under various top-level domains) and web documents available via their subdomains (including images, videos, code files, etc.) that belong to Makso.
Vulnerability: A weakness in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity, or availability.
Makso provides a software platform that enables Sellers to accept payments for products and services. We handle payment processing, tax calculation, invoicing, and compliance as merchant of record. We partner with third-party providers as well to deliver these Services.
Intended Use: The Platform is designed for digital businesses (content creators, SaaS founders, digital product sellers) to sell legitimate digital products including courses, software, ebooks, templates, memberships, and coaching. You must use the Platform lawfully and ensure your products comply with all applicable laws.
Account Requirements: You must provide accurate information during registration and keep it updated. You may be required to verify your identity for compliance purposes. We may decline or suspend service if verification fails or for compliance concerns.
Third-Party Services: By using Makso, you agree to comply with the terms of our service providers. We are not responsible for third-party service performance or availability.
Eligibility: You must be at least 18 years old to use Makso in any capacity (whether as a Seller or Buyer). If you are using the Services on behalf of a legal entity (company, organization, etc.), you represent and warrant that you have the authority to bind that entity to these Terms.
Contract Formation: This Contract begins when:
This Contract continues until terminated. You represent that all information you provide is accurate, you have the legal right to sell your products (if applicable), and you will comply with all applicable laws.
Termination by You: You may terminate at any time by closing your account. You remain liable for obligations incurred prior to termination, including outstanding fees and customer refunds.
Termination by Makso: We may terminate or suspend your account immediately without notice if:
We may also terminate without cause by providing 30 days' notice.
Effect of Termination: Upon termination, you lose all Platform access. Pending payouts may be held for up to 180 days to cover potential chargebacks or refunds. Provisions related to intellectual property, liability, indemnification, and dispute resolution survive termination. We may delete your data except as required by law. It is your responsibility to export data before termination.
YOU ARE SOLELY RESPONSIBLE FOR YOUR PRODUCTS. When a Customer purchases through Makso, they enter into a direct agreement with YOU for that product. You are responsible for:
Makso's Limited Role: Our customer support is limited to payment processing, billing, and Platform technical issues. We do NOT provide support for your products, delivery issues, or product-related disputes.
You may NOT sell or offer the following through Makso:
If uncertain whether your product is permitted, contact us before listing it. We reserve the right to remove any product and terminate accounts selling prohibited items.
You agree NOT to:
Account Security: You are responsible for maintaining confidentiality of your credentials. Notify us immediately of any unauthorized access. You remain liable for all activities under your account.
Cooperation: You agree to cooperate with our requests for information to meet legal obligations, including tax filings, fraud investigations, and compliance with anti-money-laundering regulations. Failure to cooperate may result in service suspension.
We may update, modify, or discontinue any aspect of the Platform at any time. We reserve the right to refuse service to any person or entity at our discretion, including for security, legal compliance, or risk management reasons.
Changes to Terms: We may change these Terms by posting the updated version and updating the "Last Updated" date. For material changes, we will provide at least 14 days' notice via email or the Platform. Your continued use after changes take effect constitutes acceptance. If you don't agree, you must stop using the Platform before changes take effect.
Communications: You agree we may contact you via email or through the Platform regarding important matters including security alerts, invoices, and Terms updates. You must keep your contact information current. Notices to your registered email are deemed received within 24 hours.
Platform Maintenance: We may temporarily interrupt the Platform for maintenance, updates, or emergency fixes, with or without notice.
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
SELLER PRODUCTS: MAKSO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT PRODUCTS SOLD BY SELLERS. SELLERS ARE SOLELY RESPONSIBLE FOR THEIR PRODUCTS, AND MAKSO DOES NOT VERIFY, ENDORSE, OR GUARANTEE ANY SELLER PRODUCT OR CONTENT.
No Advice: We do not provide legal, financial, or tax advice. Any informational content is for general guidance only. Consult professionals for advice specific to your situation.
TO THE MAXIMUM EXTENT PERMITTED BY ESTONIAN AND APPLICABLE LAW:
(a) Total Liability Cap: Makso's total aggregate liability to you for all claims arising from or related to the Services shall not exceed the lesser of: (i) the fees you paid to Makso in the three (3) months immediately preceding the event giving rise to liability, or (ii) €500 (five hundred euros).
(b) No Consequential Damages: Makso shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings, regardless of whether Makso was advised of the possibility of such damages.
(c) Product and Content Exclusion: MAKSO HAS ZERO LIABILITY FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM:
BUYERS: YOU ACKNOWLEDGE THAT WHEN YOU PURCHASE A PRODUCT THROUGH MAKSO, YOU ARE PURCHASING FROM THE SELLER, NOT FROM MAKSO. MAKSO IS SOLELY A PAYMENT PROCESSOR. ALL PRODUCT-RELATED CLAIMS, ISSUES, AND DISPUTES MUST BE RESOLVED DIRECTLY WITH THE SELLER. MAKSO HAS NO OBLIGATION TO PROVIDE REFUNDS, REPLACEMENTS, SUPPORT, OR REMEDIES FOR PRODUCT ISSUES.
(d) Third-Party Dependencies: Makso is NOT liable for any failure, delay, or disruption caused by third parties, including: payment processor downtime, payment network failures, bank processing delays, payment processor policy changes, cloud infrastructure failures, internet outages, DNS failures, force majeure events (acts of God, natural disasters, pandemics, war, terrorism, government actions), or regulatory changes requiring service modifications.
(e) Carve-Out: Nothing in this Section limits Makso's liability for: (i) death or personal injury caused by gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded under mandatory Estonian law.
We are NOT liable for:
No Guaranteed Outcomes: We do not guarantee your products will sell, that you will earn money, or that Customers will not request refunds or chargebacks. You assume all business performance risk. Platform analytics and tax calculations are provided on a best-effort basis; verify important matters independently.
Beta Features: Features labeled "beta," "trial," or "preview" are provided "as is" for evaluation only, may be unstable, and may be discontinued at any time without notice.
When you purchase a product or service through Makso, access to that product or service is controlled entirely by the Seller. You acknowledge and agree that:
Product Delivery: All product access and delivery issues must be resolved directly with the Seller. Makso facilitates the payment transaction only and is not responsible for Seller fulfillment obligations.
Makso charges fees for services including transaction fees and/or subscription fees. Our current pricing structure is communicated via our website and may include a percentage of sales processed (e.g., 2% platform fee) plus payment processor fees. By using the Platform, you agree to pay applicable fees. All fees are non-refundable unless otherwise stated or required by law.
This section applies to two types of subscriptions: (1) Seller subscriptions to Makso platform features, and (2) Buyer subscriptions to products or services sold by Sellers. Both types are subject to automatic renewal unless canceled.
AUTOMATIC RENEWAL (SELLERS): IF YOU PURCHASE A SUBSCRIPTION TO PAID FEATURES OF THE MAKSO PLATFORM AS A SELLER, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUALLY, AS APPLICABLE) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. YOU AUTHORIZE MAKSO TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE RENEWAL TERM AT THE THEN-CURRENT SUBSCRIPTION RATE.
PRICE CHANGES: MAKSO RESERVES THE RIGHT TO CHANGE SUBSCRIPTION PRICES. YOU WILL BE NOTIFIED OF ANY PRICE CHANGES AT LEAST THIRTY (30) DAYS BEFORE THEY TAKE EFFECT. YOUR CONTINUED USE OF THE SUBSCRIPTION AFTER THE PRICE CHANGE TAKES EFFECT CONSTITUTES YOUR AGREEMENT TO PAY THE NEW PRICE.
CANCELLATION (SELLERS): YOU MAY CANCEL YOUR PLATFORM SUBSCRIPTION AT ANY TIME BY ACCESSING YOUR ACCOUNT SETTINGS OR CONTACTING CUSTOMER SUPPORT AT support@makso.io. IF YOU CANCEL, YOUR SUBSCRIPTION WILL REMAIN ACTIVE UNTIL THE END OF THE CURRENT BILLING PERIOD, BUT IT WILL NOT RENEW. CANCELLATIONS TAKE EFFECT AT THE END OF THE CURRENT BILLING PERIOD.
NO REFUNDS (SELLERS): EXCEPT AS REQUIRED BY LAW, SUBSCRIPTION FEES ARE NON-REFUNDABLE. IF YOU CANCEL DURING A BILLING PERIOD, YOU WILL NOT RECEIVE A REFUND FOR THE UNUSED PORTION OF THAT PERIOD, BUT YOU WILL RETAIN ACCESS UNTIL THE PERIOD ENDS.
AUTOMATIC RENEWAL (BUYERS): IF YOU PURCHASE A SUBSCRIPTION TO A PRODUCT OR SERVICE FROM A SELLER (E.G., MONTHLY MEMBERSHIP, RECURRING ACCESS TO CONTENT, SOFTWARE, OR OTHER OFFERINGS), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (AS DETERMINED BY THE SELLER) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. YOU AUTHORIZE MAKSO TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE RENEWAL TERM AT THE PRICE SET BY THE SELLER.
CANCELLATION (BUYERS): YOU MAY CANCEL YOUR PRODUCT SUBSCRIPTION BY CONTACTING THE SELLER DIRECTLY OR USING THE CANCELLATION METHOD PROVIDED BY THE SELLER (E.G., IN YOUR ACCOUNT DASHBOARD, VIA EMAIL TO THE SELLER). CANCELLATIONS TAKE EFFECT AT THE END OF THE CURRENT BILLING PERIOD. THE SELLER CONTROLS CANCELLATION PROCEDURES AND TIMING.
NO REFUNDS (BUYERS): EXCEPT AS REQUIRED BY LAW OR AS DETERMINED BY THE SELLER IN THEIR SOLE DISCRETION, PRODUCT SUBSCRIPTION FEES ARE NON-REFUNDABLE. MAKSO DOES NOT PROCESS REFUNDS FOR PRODUCT SUBSCRIPTIONS. ALL REFUND REQUESTS MUST BE DIRECTED TO THE SELLER.
PRICE CHANGES (BUYERS): SELLERS MAY CHANGE PRODUCT SUBSCRIPTION PRICES. THE SELLER IS RESPONSIBLE FOR NOTIFYING YOU OF PRICE CHANGES. MAKSO IS NOT RESPONSIBLE FOR SELLER PRICE CHANGES OR NOTIFICATION FAILURES.
FREE TRIALS: IF YOU SIGN UP FOR A FREE TRIAL (WHETHER FOR MAKSO PLATFORM FEATURES OR SELLER PRODUCTS), YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD UNLESS YOU CANCEL BEFORE THE TRIAL ENDS. YOU WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE WHEN THE TRIAL CONVERTS. FOR SELLER PRODUCT TRIALS, CONTACT THE SELLER TO CANCEL.
As merchant of record, Makso collects payments from Customers on your behalf through our payment processors. You authorize us to deduct applicable fees (platform fees and payment processor fees) before remitting the balance to you. Payouts occur on our standard schedule (e.g., weekly or monthly) subject to minimum thresholds and reserve requirements for refunds/chargebacks.
You must keep a valid payment method on file for any fees directly billed to you. Late payments may incur interest. We may suspend your account for non-payment after notice.
Payment Processor Accounts: By using Makso, you agree to the terms and conditions of our third-party payment processors. If a payment processor terminates your account, we may terminate your Makso account.
All fees are exclusive of taxes (VAT, sales tax, GST). You are responsible for taxes applicable to your use of our Services. As merchant of record, we handle collecting and remitting sales taxes/VAT from Customers where required. You remain responsible for income taxes on your earnings and must provide tax information (VAT ID, W-9/W-8 forms, etc.) when requested.
When you sell products through Makso, you control your own refund policy. However, Makso processes refund transactions on your behalf. If you approve a Customer refund:
Chargebacks (Sellers): If a Customer disputes a payment with their bank or card issuer (chargeback), Makso will handle the chargeback process. You agree that:
ALL SALES ARE FINAL. Purchases of products or services through Makso are non-refundable unless the Seller chooses to issue a refund at their sole discretion. By completing a purchase, you acknowledge and agree that:
Refund Requests: If you are dissatisfied with a product purchased from a Seller, you must contact the Seller directly to request a refund. Makso does not determine refund eligibility or process refunds without Seller approval. Each Seller sets their own refund policy. Makso has no obligation to refund you if the Seller declines your refund request.
Chargebacks: Before disputing a charge with your bank or card issuer, you MUST attempt to resolve the issue directly with the Seller. Initiating a chargeback without first contacting the Seller may result in:
Makso views chargebacks filed without prior Seller contact as abuse of the payment system. If you have attempted to contact the Seller and received no response within a reasonable time (e.g., 7-14 days), you may proceed with a legitimate dispute through your bank.
Makso's IP: Wealth Beacon OÜ owns all rights to the Platform including software, databases, algorithms, UI design, logos, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your business purposes in accordance with these Terms. You may not reverse engineer, copy, modify, or create derivative works of the Platform.
Your Content: You retain ownership of your Content (product descriptions, logos, materials you upload). By using the Platform, you grant us a worldwide, royalty-free license to use, reproduce, display, and distribute your Content as necessary to provide the Services (e.g., displaying your products to Customers, generating invoices). This license is solely for operating the Platform.
Your Representations: You represent and warrant that you have all necessary rights in your Content and that our use will not infringe third-party rights. If you believe content on the Platform infringes your intellectual property rights, notify us with details.
Feedback: Any feedback or suggestions you provide about the Platform may be used by us for any purpose without obligation to you.
You agree to indemnify, defend (at Makso's option), and hold harmless Wealth Beacon OÜ, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "Makso Parties") from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or relating to:
Defense Obligations: Makso reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Makso in the defense of any claim. You may not settle any claim that affects Makso without Makso's prior written consent.
Survival: This indemnification obligation survives termination of these Terms and your use of the Services.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to conflict of law principles. If you are an EU consumer, you may also have mandatory protections under your local law.
Jurisdiction: Any disputes arising from these Terms or the Services that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Harju County Court in Tallinn, Estonia. We reserve the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or confidential information.
Informal Resolution: Before pursuing formal legal action, you agree to first contact us at legal@makso.io and attempt to resolve the issue informally. Both parties shall use reasonable efforts to negotiate a resolution for at least 30 days.
Class Action Waiver: To the extent allowed under applicable law, you and we agree to bring claims against each other only on an individual basis, and not as a plaintiff or class member in any purported class or representative action. This clause will not apply where prohibited by law, and if you are considered a consumer under relevant law, you may have specific rights that cannot be waived.
Entire Agreement: These Terms (along with our Privacy Policy) constitute the entire agreement between you and Makso regarding the Services, and supersede all prior agreements. Any additional terms you propose are rejected unless we expressly agree in writing.
Changes to Terms: We may update these Terms as stated in Section 5. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment: You may not assign these Terms without our written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets without your consent.
Independent Contractors: You and we are independent contractors. Nothing in these Terms creates any agency, partnership, or joint venture.
Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God, war, terrorism, governmental actions, internet outages, or pandemics.
No Third-Party Beneficiaries: These Terms are for the benefit of you and Makso only. Our affiliates and subsidiaries are deemed third-party beneficiaries of the disclaimers and limitations of liability herein.
Language: These Terms are written in English. Any translation is for convenience only. In case of conflict, the English version prevails.
Notices: We may provide notices via email to your registered address, postal mail, or through the Platform. You must keep your contact information current. Email notices are deemed received within 24 hours. You can send legal notices to us at legal@makso.io or by registered mail to our office address.
Contact Information: If you have questions about these Terms or the Services, contact us at:
Wealth Beacon OÜ (Makso)
Legal inquiries: legal@makso.io
Support: support@makso.io
Mailing Address: Teaduse 17–10, Saku 75501 Harjumaa, Estonia
This Data Processing Agreement (DPA) is an integral part of the contract (hereinafter referred to as the 'Contract') between the Client (Seller) and Wealth Beacon OÜ (operating as Makso, hereinafter "Makso"), concerning access to and use of the Platform and our services. Any terms not defined in this DPA will have the meanings assigned to them in the Terms of Service.
Makso and the Client are committed to adhering to the General Data Protection Regulation (GDPR) – Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016 – and all other relevant data protection laws (collectively known as Data Protection Laws).
In this DPA, terms such as 'controller', 'processor', 'personal data', 'data subject', and 'personal data breach' will have the meanings provided in the GDPR. The term 'Sub-processor' refers to any other processor engaged by Makso to process personal data on the Platform or in relation to our services.
Makso offers merchant of record services, payment processing, tax calculation, invoicing, and related services through the Makso Platform. This DPA governs the processing of personal data where Makso acts as a data processor on behalf of the Client (Seller) for data uploaded to or stored on the Platform, such as product information, content, and Seller business data.
Important: For payment processing, transaction data, customer billing information, and tax compliance activities required for our merchant of record services, Makso acts as an independent data controller (not a processor) in accordance with applicable legal obligations. For such data, the processing is governed by our Privacy Policy and applicable laws. Makso and Seller may be independent or joint controllers for certain customer data, as described in the Privacy Policy.
Where Makso acts as a data processor on behalf of Sellers, the personal data processed includes:
Note: This section does not apply to payment processing, transaction records, customer billing information, or tax-related data, for which Makso acts as an independent controller under its merchant of record role.
For personal data processed in our role as processor, Makso will:
We take appropriate technical and organisational security measures, considering the latest technology, implementation costs, processing nature, context, and purposes, and the risks to data subjects. These measures include encrypted storage, access controls, secure data transmission, and regular security assessments.
In the event of a personal data breach, we will notify the Client promptly via email and cooperate with them regarding the breach. The Client can use the information about the breach only to comply with or demonstrate compliance with Data Protection Laws and must keep this information confidential unless required to disclose it by Legal Acts.
The Client gives Makso permission to use sub-processors as described in this section of the DPA. We'll make sure these sub-processors agree in writing to provide the same level of data protection that we're committed to under this DPA. We will inform the Client about any planned changes regarding new or replacement sub-processors at least 10 days before replacing or taking on another sub-processor. The Client can object to our choice of a sub-processor by letting us know in writing within 5 working days after they receive our notice. If the Client doesn't agree with the new sub-processor, we'll try to provide our Platform and services without using them. If this isn't feasible, the Client may choose to terminate the Contract. We will require our sub-processors to adhere to the same data protection obligations as outlined in this agreement.
Makso and its sub-processors may transfer personal data outside the EU only where they have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under appropriate safeguards that cover the EU requirements for the transfer of personal data to data processors outside the EU. More specific information about transferring personal data outside the EU is available upon request.
When the Client requests in writing, Makso will provide information necessary to demonstrate compliance with this DPA and Article 28 of the GDPR, as long as we possess or control the requested information. If the Client needs more assurance, we'll cooperate, including supporting reasonable audits or inspections initiated by the Client or their chosen and our accepted auditor. The specifics of these audits will be mutually agreed upon, but the following conditions apply:
If Makso or our sub-processors are at fault, we will be responsible for any damage caused to the Client due to processing that goes against this DPA. This includes situations where the Client has had to compensate a data subject or pay administrative fines imposed by authorities. Our liability in these cases is limited as outlined in section 6 of the Terms of Service.
This DPA is valid as long as Makso processes personal data on behalf of the Client. The processing of personal data will end when one of the following happens:
When the processing of personal data ends, the data will, as per the Client's choice, either be returned to them, to the extent possible, or deleted. This is unless any Legal Acts requires Makso to retain the personal data. The Client instructs Makso to retain content added to the Platform for up to 75 days after the contract or trial version ends.
Any obligations from this DPA that should logically continue after it ends (eg. confidentiality duties) will remain in effect.
The laws governing this DPA and how disputes are resolved are outlined in the Terms of Service.
Any changes to this DPA must be agreed upon by the Client.
If any part of this DPA is found to be invalid or unenforceable, the rest of the DPA will still be valid and enforceable. The invalid or unenforceable part will be either (i) modified to make it valid and enforceable, while keeping as close as possible to the original intentions, or, if that's not possible, (ii) treated as if it was never part of the DPA. This also applies if the DPA misses any points.
If there's a conflict between the DPA and the Terms of Service, the terms of this DPA will take precedence.
/ End of the Data Processing Agreement /