### Terms of Service

#### Legal Notice (Impressum)

This website [https://ekmake.com](https://ekmake.com) is owned by Travel Code Inc, with address at 7901 4th St N STE 300, St. Petersburg, FL, USA 33702.

You can contact us by email at [info@ekmake.com](mailto:info@ekmake.com).

#### Terms Of Service

Our Marketplace - EKMAKE offers a comprehensive platform catering to the growing needs of the no-code software community. We are dedicated to facilitating two core services:

1. **Selling:** This service is designed for individuals and entities interested in acquiring no-code software templates. Our marketplace hosts a diverse assortment of no-code solutions, adaptable for various applications and business needs. The range of no-code software templates available encompasses a broad spectrum of functionalities and use cases, ensuring that we cater to a wide array of customer requirements.

2. **Listing:** For creators and developers specializing in no-code software templates, our platform offers an opportunity to list and showcase their products. This service aims to connect creators with a broad audience, enhancing the visibility of their no-code software templates and enabling them to reach potential buyers efficiently.

#### Definition of Services

**Editorial Discretion and Listing Approval:** In our commitment to curating a marketplace that upholds the highest standards of quality and innovation, we exercise editorial discretion in the selection and approval of no-code software templates listed on our platform. This discernment is guided by a dedicated pursuit of excellence and relevance in the offerings we present to our community.

- **Curatorial Insight:** We employ a thoughtful and informed approach in evaluating each no-code software template submission. This process ensures that our collection remains aligned with the evolving needs and interests of our users, as well as adheres to our commitment to quality, usability, and legal compliance.
- **Constructive Collaboration:** While we reserve the unilateral right to decide which software templates are accepted for listing, our decision-making is imbued with a spirit of constructive collaboration. We aim to provide valuable feedback to creators, fostering an environment of growth and continuous improvement.
- **Transparent Communication:** In instances where a submission does not align with our marketplace criteria, we endeavor to communicate our decision transparently, providing insights into our evaluation process. This open dialogue is part of our commitment to nurturing a vibrant and supportive no-code community.

#### Restrictions and Guidelines

In maintaining a high standard of quality and legality in our offerings, we impose certain restrictions and guidelines on the no-code software templates listed on our platform:
- **Compliance with Legal Standards:** All templates must comply with relevant laws and regulations. We do not permit content that infringes on intellectual property rights, promotes illegal activities, or violates privacy and data protection laws.
- **Quality Assurance:** To ensure the satisfaction of our users, we may review and evaluate the quality of the templates listed. Templates failing to meet our quality criteria might be removed or require modifications for continued listing.
- **Usage Limitations:** Buyers of no-code software templates are subject to specific usage terms, which may include restrictions on modification, redistribution, or commercial use. These terms are typically defined by the template creators and must be respected by the purchasers.

#### Purpose of the Marketplace

Our platform is committed to enabling the seamless exchange of no-code software solutions, bridging the gap between innovative creators and enthusiastic users. We strive to provide a user-friendly, efficient environment for the trading of digital no-code products, catering to both the creative and practical aspects of the no-code software community.

#### User Registration and Account Management

At EKMAKE, we prioritize a seamless and secure user experience, from registration to ongoing account management. This section outlines the process and guidelines for user registration, account creation, and management on our platform.

1. **Account Registration:** To access the full range of services offered by our marketplace, users are required to create an account. This can be done by visiting our registration page at [https://ekmake.com/sign-up](https://ekmake.com/sign-up). During the registration process, users will be asked to provide accurate and current information, including a valid email address and a strong password.

2. **Account Security:** The security of your account is paramount. Users are responsible for maintaining the confidentiality of their account credentials. We recommend using unique, strong passwords and changing them regularly. Passwords can be updated at [https://ekmake.com/change-password](https://ekmake.com/change-password).

3. **Personal Information Management:** Users have the ability to update or modify their personal information through their account settings. We encourage users to keep their information up to date to ensure effective communication and service delivery.

4. **Account Responsibilities:** Users are responsible for all activities that occur under their account. Any unauthorized use of your account or other security breaches must be reported to us immediately. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

5. **Account Review and Verification:** To ensure the integrity of our marketplace, we may conduct periodic reviews of user accounts. This process may include verification of the information provided during registration. We reserve the right to request additional information or documentation to confirm the identity and legitimacy of an account.

6. **Account Suspension and Termination:** We reserve the right to suspend or terminate accounts that are found to be in violation of our terms of service, including but not limited to, fraudulent activities, breach of intellectual property rights, or other misconduct.

7. **Privacy and Data Protection:** The information provided during the registration and account management process is subject to our Privacy Policy. We are committed to protecting your personal data and privacy in accordance with applicable laws and regulations.

By creating an account with EKMAKE, you agree to these terms and accept responsibility for all activities that occur under your account. We are dedicated to providing a secure and user-friendly environment for all our users.

#### User Conduct and Responsibilities

At EKMAKE, we are committed to fostering an environment of integrity and respect. This section outlines the essential conduct and responsibilities expected of our users, with a focus on intellectual property, professional interaction, and adherence to legal and ethical standards.

1. **Professional and Respectful Behavior:** Users of EKMAKE are expected to interact with other marketplace participants and EKMAKE staff in a professional and respectful manner. Harassment, bullying, or any form of disrespectful behavior is unacceptable and will be grounds for disciplinary action.
2. **Prohibition of Illegal Activities:** Engaging in illegal activities, including but not limited to, fraud or promoting prohibited goods and services, is strictly forbidden on EKMAKE. Users are expected to comply with all applicable laws and regulations while using the EKMAKE platform.
3. **Accuracy and Honesty in Representations:** Users of EKMAKE must ensure that all information provided in listings, interactions, and feedback is accurate and honest. Misrepresentation and deceptive practices are strictly prohibited and undermine the trustworthiness of the marketplace.
4. **Adherence to Marketplace Policies:** All users of EKMAKE are required to adhere to the policies and guidelines set by EKMAKE, including those related to listings, transactions, and overall conduct.
5. **Reporting Violations:** We encourage users of EKMAKE to report any violations of these guidelines, including intellectual property infringements or misconduct. This aids in maintaining a secure and ethical platform.
6. **Consequences of Violations:** Failure to adhere to these guidelines at EKMAKE may result in actions such as account suspension, termination, or other penalties, depending on the severity of the violation.
7. **Policy Updates:** EKMAKE reserves the right to update these conduct guidelines as necessary to meet evolving marketplace standards and legal requirements.

By participating in EKMAKE, users agree to these conduct and responsibility standards, ensuring a fair, respectful, and legally compliant marketplace for all.

#### Intellectual Property Rights at EKMAKE

EKMAKE's Intellectual Property Rights policy is designed to respect and protect the rights of all parties involved in the transaction of software and templates on our platform. This policy provides clarity on the ownership, usage rights, and limitations associated with the software traded on EKMAKE.

1. **Rights of Buyers Upon Purchase:** Buyers who purchase software or automation templates from EKMAKE gain full ownership of that particular instance of the software. This includes the right to use, modify, and resell the software in any manner, including for commercial purposes. However, buyers must acknowledge that they are not claiming authorship of the original underlying work.
2. **Prohibitions and Limitations for Buyers:** While buyers have extensive rights over their purchased software, they are obliged to ensure that their use and resale of the software comply with relevant laws and do not infringe upon any third-party intellectual property rights.
3. **Original Creators' Intellectual Property:** Creators retain their intellectual property rights over the original work, allowing them to continue marketing, selling, or modifying their creations. This right is unaffected by the transfer of ownership to buyers for individual instances of the software.
4. **EKMAKE’s Non-Usage Agreement:** EKMAKE explicitly agrees not to sell, replicate, reproduce, or claim ownership of any software or templates listed by creators on the platform. EKMAKE’s role is strictly to facilitate the marketplace and transactions between buyers and sellers without claiming any rights over the products themselves.
5. **User Responsibilities:** Users, both buyers, and sellers, are expected to adhere to these intellectual property guidelines. Misuse or infringement can result in legal consequences and actions taken by EKMAKE, including account suspension or termination.
6. **Policy Modifications:** EKMAKE reserves the right to update this Intellectual Property Rights policy as necessary, in response to legal developments or marketplace changes. Significant modifications will be communicated to all users.

By using EKMAKE, all parties agree to respect and abide by these intellectual property terms, fostering a marketplace that is both dynamic and legally compliant, and that honors the contributions and rights of creators and buyers alike.

#### Software Listing and Sales Policies

The Software Listing and Sales Policies of EKMAKE are designed to

ensure a smooth and transparent process for both sellers and buyers in our marketplace. This section outlines the procedures for listing no-code software, pricing, transactions, fees, and policies regarding refunds, returns, and dispute resolution.

1. **Listing Process for Sellers:** Sellers wishing to list their no-code software templates on EKMAKE must submit their products via [https://ekmake.com/submit-a-template](https://ekmake.com/submit-a-template). Sellers have complete autonomy to set the price for their offerings. We encourage competitive and fair pricing to maintain a healthy marketplace.
2. **Sales Commission and Fees:** As of 01/01/2024, EKMAKE charges a nominal fee of 5% on the total sale amount. This fee is deducted from the seller’s earnings from each transaction. This fee structure is subject to change, and any future changes will be communicated to all sellers in advance.
3. **Transaction Process:** Sales transactions are conducted through EKMAKE’s secure platform. Upon a successful sale, the agreed amount (minus EKMAKE’s commission) is transferred to the seller. Buyers receive access to the purchased software immediately after the transaction is completed.
4. **No Refunds or Returns Policy:** Due to the nature of digital goods and the potential for duplication, EKMAKE does not offer refunds or accept returns for the base software product once it is transferred to the buyer. This policy ensures the protection of intellectual property and acknowledges the irrevocable nature of digital goods transactions.
5. **Refund Policy for Additional Services:** In cases where the buyer purchases additional services (such as installation support or instructional materials) and the seller fails to deliver these services adequately, a refund may be issued for the portion of the payment pertaining to the additional services. This refund is contingent upon the seller’s inability to provide the promised service or provide effective support. The refund will not exceed the cost of the additional services purchased.
6. **Dispute Resolution:** In the event of a dispute between a buyer and seller, EKMAKE will mediate to find a fair resolution. If a seller is found to be consistently under-delivering or misrepresenting their offerings, EKMAKE reserves the right to impose sanctions, including financial penalties not exceeding the purchase amount, or removal from the marketplace.
7. **Seller Sanctions:** In cases where a seller fails to fulfill their obligations, EKMAKE may impose sanctions. These can include development and support costs incurred by EKMAKE to rectify the situation, but will not exceed the total amount of the original purchase.

By listing or purchasing software on EKMAKE, users agree to these listing and sales policies. These policies are designed to maintain a fair, transparent, and efficient marketplace for all users.

#### Liability and Disclaimer of Warranties at EKMAKE

EKMAKE's Liability and Disclaimer of Warranties policy is designed to clarify our position regarding guarantees and responsibilities associated with the use of our marketplace and the software available on it, while ensuring users are aware of the scope of our liability.

1. **Limited Guarantee of Functionality:** EKMAKE guarantees that the software listed on our platform functions as described at the moment of purchase. This guarantee means that the software will perform in accordance with its description provided by the seller on EKMAKE at the time of sale. However, this guarantee does not extend beyond the point of sale. Once the software is purchased and delivered, EKMAKE does not warrant its ongoing functionality, compatibility with other systems, or its suitability for any particular purpose beyond what is described at the time of purchase.
2. **"As Is" and "As Available" Basis:** Beyond the initial guarantee of functionality at the point of sale, EKMAKE provides its services, platform, and all associated software and content on an "as is" and "as available" basis. This means we do not represent, warrant, or guarantee the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of our services, the platform, or any software or content therein after the point of sale.
3. **Limitation of Liability:** EKMAKE shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of our services or any software obtained through our services, after the point of sale.
4. **No Liability for Post-Purchase Software Use:** Users acknowledge that once software is purchased and downloaded, EKMAKE is not responsible for any damages, liabilities, or losses that may arise from the use, misuse, or inability to use the software.
5. **Indemnification:** Users agree to indemnify and hold EKMAKE harmless from any claims, demands, losses, liabilities, and expenses arising out of or in connection with their use of the software, any software-related damages, or violations of these terms.
6. **Changes and Interruptions to Service:** EKMAKE does not guarantee uninterrupted or error-free operation of its services and reserves the right to modify or discontinue the services at any time.

By using EKMAKE, users acknowledge and accept these terms, understanding the limited scope of our liability and the extent of the warranties we provide. These terms are intended to clearly define the limits of our responsibilities in relation to the software and services offered on our platform.

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**Privacy Policy Reference**

At EKMAKE, we are committed to safeguarding the privacy and security of our users' data. The privacy of our users is of utmost importance, and we have established comprehensive policies and practices to protect personal information. This section of our Terms of Service provides a reference to our Privacy Policy, which outlines how we collect, use, and protect user data on our platform.

**Privacy Policy Overview:** Our Privacy Policy, accessible at [https://ekmake.com/privacy](https://ekmake.com/privacy), details the types of information we collect from our users, how this information is used, and the steps we take to protect it.

**Information Collection:** The policy explains the kinds of personal and non-personal information collected by EKMAKE, which may include user names, email addresses, transactional data, and other details necessary for the functioning of the marketplace.

**Use of Information:** We detail how collected information is used, such as for account management, service improvement, communication with users, and other operational purposes.

**Data Protection and Security:** Our Privacy Policy describes the measures EKMAKE takes to protect user data from unauthorized access, disclosure, alteration, and destruction.

**User Rights and Choices:** Users are informed of their rights regarding their personal data, including the right to access, correct, or delete their information, as well as how to exercise these rights.

**Policy Updates:** The Privacy Policy may be updated periodically to reflect changes in our practices or regulatory changes. Users will be notified of significant changes as required by law.

**Contact Information:** For any questions or concerns about our privacy practices, users are encouraged to contact us through the channels provided in the Privacy Policy.

By using EKMAKE, users acknowledge that they have read, understood, and agreed to the terms outlined in our Privacy Policy. We encourage all users to review the policy to understand how their personal information is handled on our platform.