Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Machina ("we," "us," or "our") concerning your access to and use of the wearemachina.com website (the "Site") and any related services.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not access the Site.

We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Description of Services

Machina is a growth marketing agency providing services including but not limited to:

• Web development and design
• Search engine optimization (SEO)
• Paid advertising management
• Email marketing
• AI automation and marketing operations
• Digital marketing consulting

The specific scope of services will be defined in individual service agreements with clients.

3. User Responsibilities

By using our Site, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• All information you provide is accurate, current, and complete
• You will not use the Site for any unlawful purpose
• You will not attempt to gain unauthorized access to any part of the Site
• You will not interfere with or disrupt the Site or servers

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Machina, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or distribute any content from the Site without permission
• Use any trademarks, logos, or branding without written consent
• Reverse engineer or attempt to extract source code
• Remove any copyright or proprietary notices

5. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Site will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACHINA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability exceed the amount you paid us, if any, in the six (6) months prior to the claim.

7. Indemnification

You agree to defend, indemnify, and hold harmless Machina and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

8. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Machina. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such websites or services.

9. Accessibility Statement

Machina is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

9.1 Our Commitment

We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. These guidelines explain how to make web content more accessible for people with disabilities and more user-friendly for everyone.

9.2 Measures We Take

• Semantic HTML structure for screen reader compatibility
• Sufficient color contrast for text readability
• Keyboard navigation support
• Alternative text for images
• Clear and consistent navigation
• Responsive design for various devices and screen sizes

9.3 Feedback

We welcome your feedback on the accessibility of our Site. If you encounter any accessibility barriers or have suggestions for improvement, please contact us at hello@wearemachina.com. We take accessibility feedback seriously and will make reasonable efforts to address any issues.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Monterey County. You waive any and all objections to the exercise of jurisdiction over you by such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@wearemachina.com. We will try to resolve the dispute informally within 30 days.

11.2 Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Monterey County, California.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Machina concerning the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

15. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

16. Contact Us

If you have any questions about these Terms, please contact us at: