Terms of Service

For purposes of these Terms:

• “Acceptable Use Policy” means the MachGen Acceptable Use Policy, available at the URL designated by MachGen, as updated from time to time.
• “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• “Authorized User”means an individual whom Customer authorizes to access the Services on Customer’s behalf, including Customer’s employees, contractors, and agents.
• “Customer Content” means any content, data, files, prompts, inputs, datasets, source code, text, images, audio, and video that Customer or an Authorized User submits to, uploads to, or generates through the Services, excluding Outputs.
• “Documentation” means the technical and operational documentation made available by MachGen for the Services.
• “DPA” means the Data Processing Addendum incorporated into these Terms by reference, available upon request from MachGen.
• “End User” means a third party that accesses or uses any product, application, or platform built by Customer using the Services.
• “Fees” means the amounts payable by Customer for access to and use of the Services, as set forth on the MachGen website, in an Order, or in another writing executed by the parties.
• “Intellectual Property Rights” means all worldwide rights in patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, and other intellectual or proprietary rights, whether registered or unregistered.
• “Model Provider” means a third party that owns or controls an artificial intelligence model made available through the Services.
• “Order” means an order page, order form, statement of work, or similar document by which Customer subscribes to or purchases the Services.
• “Outputs” means the text, images, audio, video, and other content generated by the Services in response to a prompt, input, or other instruction submitted by Customer or an Authorized User.
• “Services”means MachGen’s generative media platform, websites, application programming interfaces, hosted inference services, software development kits, and related products and services made available by MachGen, including any Documentation.

You must be at least 18 years of age (or such higher minimum age as may apply in your jurisdiction) to access or use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You will promptly notify MachGen of any unauthorized access or suspected security incident affecting your account. You will provide accurate, current, and complete information when creating an account and will keep that information up to date.

You will not share your account credentials with any unauthorized person, allow more than one individual to use the same account, or create an account using false identity or false contact information. If you access the Services through an account provided to you by your employer or another organization, that organization may have administrative rights with respect to your account, including the ability to suspend or terminate it.

Access. Subject to your compliance with these Terms and payment of applicable Fees, MachGen grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Term solely for your internal business or personal purposes and in accordance with the Documentation.

Modifications. MachGen may modify, enhance, suspend, or discontinue any feature, function, or component of the Services at any time, in its sole discretion, with or without notice to Customer.

Third-Party Models. Certain Services rely on artificial intelligence models provided by Model Providers. Your use of those models is subject to any additional terms, acceptable use policies, watermarking obligations, or restrictions imposed by the applicable Model Provider, which are incorporated into these Terms by reference. You will comply with all such Model Provider terms. MachGen is not responsible for the acts or omissions of any Model Provider, except as expressly set forth herein.

Beta Features.MachGen may make pre-release, beta, alpha, evaluation, or preview features available to you. Such features are provided “as is” without warranty of any kind, may be modified or discontinued at any time, and may have limited or different terms applicable to their use. MachGen has no liability arising from your use of beta features.

Service Levels.Service level commitments, if any, are described in the applicable Order or in a service level agreement separately executed by the parties. Customer’s sole remedy for any failure to meet such service levels is as set forth in the applicable service level agreement.

Rate Limits and Quotas.The Services are subject to usage limits, rate limits, and quotas as described in the Documentation. MachGen may modify rate limits or quotas at any time, in its sole discretion, with or without notice to Customer. Customer is responsible for ensuring that its and its Authorized Users’ use of the Services remains within applicable limits.

Your use of the Services is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting the Acceptable Use Policy, you will not, and will not permit any Authorized User or End User to:

• (a) access or use the Services in violation of applicable law;
• (b) reverse engineer, decompile, disassemble, or extract the weights, parameters, or architecture of any model accessible through the Services;
• (c) use the Services or any Outputs to develop, train, fine-tune, or improve a competing artificial intelligence model, product, or service;
• (d) circumvent any rate limit, safety filter, watermarking system, or other technical safeguard;
• (e) resell, sublicense, or otherwise transfer access to the Services to a third party except as expressly permitted;
• (f) interfere with or disrupt the integrity or performance of the Services;
• (g) use the Services in any manner that infringes any third party’s rights; or
• (h) use the Services in connection with any High-Risk Use (as defined in Section 5).

The Services are not designed, intended, or authorized for use in any application or environment in which the failure or inaccuracy of the Services or any Output could result in death, personal injury, or severe property or environmental damage, or in which decisions are made about a person’s rights, opportunities, or access to essential goods or services without meaningful human review (collectively, “High-Risk Uses”). High-Risk Uses include, without limitation:

• operation of medical devices, life-support systems, or the provision of diagnostic, therapeutic, or treatment recommendations without licensed human review;
• operation of aircraft, motor vehicles, weapons systems, or other systems where failure could result in physical harm;
• fully automated decisions affecting an individual’s eligibility for employment, credit, housing, insurance, education, healthcare benefits, public benefits, or critical infrastructure access;
• biometric identification or categorization of natural persons in publicly accessible spaces, except as expressly permitted by applicable law;
• social scoring or predictive policing in violation of the EU AI Act or similar laws;
• the creation, development, or deployment of weapons of mass destruction or any chemical, biological, radiological, or nuclear weapons or precursors thereto; and
• any use that constitutes a “prohibited AI practice” under Article 5 of the EU AI Act or a comparable provision under any other applicable law.

If Customer’s intended use falls within a High-Risk Use, Customer must obtain MachGen’s prior written consent and may be required to enter into a separate written agreement with additional terms.

Fees.Pricing for the Services may be based on compute time (e.g., per second) or by model output (e.g., by size of generated image, or per video), as described on the website. To utilize the Services, Customer will be required to purchase credits in advance. Each time Customer uses the Services (whether through the user interface or through an API call) the cost for such use will be deducted from Customer’s credit balance. Customer is solely responsible for maintaining a sufficient credit balance to use the Services. Credits expire 365 days from the date of purchase. If Customer receives free or other promotional credits, they expire in 30 days. These credits can be used only for the consumption of Services and are non-refundable (except as otherwise expressly provided in these Terms or otherwise agreed to by MachGen in its sole discretion), non-transferable, and cannot be exchanged for currency.

Payment. Customer authorizes MachGen and its third-party payment processors to charge the payment method on file for all applicable Fees, including recurring subscription Fees and any overage charges arising from usage in excess of applicable quotas. Customer is responsible for ensuring that valid and current payment information is on file.

Taxes. Fees are exclusive of all taxes, duties, levies, and similar charges (“Taxes”), except taxes based on MachGen’s net income. Customer is responsible for all such Taxes, except for any Taxes to which Customer is exempt and for which Customer provides MachGen valid documentation of exemption. If withholding is required, Customer will gross up payments such that MachGen receives the full amount stated in the applicable Order, except as otherwise expressly agreed in writing.

Late Payments.Undisputed Fees that are not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is lower. MachGen may suspend or terminate access to the Services at any time if Fees are overdue, with or without notice to Customer, and may recover its costs of collection, including reasonable attorneys’ fees.

Price Changes. All Fees are subject to change at any time without notice, and any new pricing will be posted on the MachGen website. Modifications take effect on the date posted unless MachGen specifies a different effective date.

Free Trials and Promotional Credits. MachGen may offer free trials, evaluation periods, or promotional credits, in each case subject to terms posted at the time of the offer. Unless otherwise stated, free trials and promotional credits are non-transferable, may not be combined with other offers, expire on the date stated, and may be modified or terminated by MachGen at any time.

Refunds.Except as expressly provided in these Terms or required by applicable law, Fees are non-refundable. Any refunds are at MachGen’s sole discretion as to form, timing, and amount.

Ownership.As between the parties, Customer retains all right, title, and interest in and to Customer Content, subject to MachGen’s rights under these Terms.

License to MachGen.Customer grants MachGen and its Affiliates a worldwide, non-exclusive, royalty-free, sublicensable (to MachGen’s service providers and Model Providers as necessary) license to host, store, transmit, display, reproduce, modify (solely for formatting or display purposes), and otherwise process Customer Content as necessary to provide the Services, to enforce the Acceptable Use Policy, and to comply with applicable law.

Customer Representations. Customer represents and warrants that (a) Customer has all rights, consents, and authorizations necessary to submit Customer Content to the Services and to grant the license in Section 7.2; (b) Customer Content will not infringe any third-party Intellectual Property Right, right of publicity, or right of privacy, and will not violate the Acceptable Use Policy or any applicable law; and (c) where Customer Content includes personal data, Customer has provided all required notices and obtained all required consents under applicable privacy and data protection laws.

Backups. MachGen is not obligated to back up Customer Content. Customer is responsible for maintaining its own backups of Customer Content.

Ownership of Outputs.Subject to Customer’s compliance with these Terms and payment of applicable Fees, and to the extent permitted by applicable law and the terms of the applicable Model Provider, MachGen assigns to Customer all right, title, and interest in and to the Outputs generated by Customer’s use of the Services. Customer is solely responsible for evaluating the Outputs for fitness for Customer’s intended use.

Similar Outputs. Because of the nature of artificial intelligence, similar or identical Outputs may be generated for different users in response to similar prompts. MachGen makes no representation that any Output is unique to Customer or that no other user will receive substantially similar Outputs.

Accuracy and Reliance.Outputs are generated by statistical models and may be inaccurate, incomplete, biased, offensive, or otherwise unsuitable for a particular purpose. Outputs do not constitute legal, medical, financial, accounting, tax, or other professional advice. Customer is responsible for independently verifying Outputs before relying on them or disseminating them, and for ensuring that Customer’s use of Outputs complies with applicable law, including laws governing synthetic media, deepfakes, and the rights of publicity.

Watermarking and Provenance. Outputs may be marked, watermarked, or otherwise identified as artificially generated, including through the use of provenance standards such as C2PA. Customer will not remove, obscure, alter, or interfere with any such marking, and will comply with applicable transparency obligations, including under the EU AI Act, California AB 2655, the Tennessee ELVIS Act, and similar laws.

MachGen IP.MachGen and its licensors retain all right, title, and interest in and to the Services, the Documentation, the underlying technology, MachGen’s trademarks, logos, and brand features, and all related Intellectual Property Rights. No rights are granted to Customer except those expressly set forth in these Terms. All rights not expressly granted are reserved.

Feedback.Customer may, but is not required to, provide MachGen with suggestions, comments, or other feedback regarding the Services (“Feedback”). MachGen may use Feedback for any purpose without obligation or restriction, provided that MachGen will not identify Customer as the source of the Feedback without Customer’s consent.

Usage Data. MachGen may collect and use de-identified or aggregated technical and usage data relating to the operation of the Services for the purposes of operating, analyzing, securing, and improving the Services and developing new products and services. MachGen owns all such de-identified or aggregated data.

Open Source Components. The Services may include open-source software components, each of which is licensed under its own license terms. Nothing in these Terms restricts your rights under, or imposes obligations on you in addition to those imposed by, the applicable open-source license.

If Customer uses the Services to build products, applications, or platforms made available to End Users, Customer will:

• require each End User to agree to terms of use that are at least as protective of MachGen and its Model Providers as these Terms and the Acceptable Use Policy;
• provide End Users with privacy notices and obtain any consents required under applicable privacy and data protection laws in respect of personal data processed through Customer’s product;
• implement appropriate technical and operational measures to monitor, prevent, and remediate End User conduct that would violate these Terms or the Acceptable Use Policy, including age-gating where required;
• where required by applicable law, disclose to End Users that content has been artificially generated; and
• be solely responsible for the products, applications, or platforms Customer makes available to End Users, including for any End User content, claims, or disputes.

MachGen’s collection, use, and disclosure of personal information in connection with the Services is described in the Privacy Policy, which is incorporated into these Terms by reference. Where MachGen processes personal data on behalf of Customer as a processor or service provider, that processing is governed by the DPA, which the parties will execute upon Customer’s request. The DPA includes provisions on sub-processing, international data transfers, data subject rights, personal data breach notification, return or deletion of personal data, and (where applicable) standard contractual clauses for restricted transfers.

Customer is responsible for ensuring that personal data processed through the Services has been collected with appropriate notice and on a valid lawful basis, and for notifying MachGen of any personal data breach known to Customer that involves Customer Content or Authorized Users.

“Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential under the circumstances. Recipient will (a) use Confidential Information only for purposes of performing under these Terms, (b) protect Confidential Information using the same degree of care it uses to protect its own confidential information of like importance, and in no event less than reasonable care, and (c) limit disclosure to its employees, contractors, and Affiliates who have a need to know and who are bound by confidentiality obligations no less restrictive than those in these Terms. Confidential Information does not include information that is or becomes generally known to the public through no breach of these Terms, was known to Recipient before disclosure without an obligation of confidentiality, is rightfully received from a third party without restriction, or is independently developed by Recipient without reference to Discloser’s Confidential Information. Recipient may disclose Confidential Information to the extent required by law, provided that Recipient gives Discloser prompt notice (to the extent legally permissible) and reasonably cooperates in any effort by Discloser to limit the disclosure.

Neither party will use the other party’s name, logo, or trademarks in publicity, marketing, press releases, or customer lists without the other party’s prior written consent, except that MachGen may identify Customer as a customer in a customer-list or case-study format, and Customer may identify MachGen as a vendor, in each case without prior consent.

Customer Warranties. Customer represents and warrants that (a) Customer has the authority to enter into these Terms; (b) Customer will use the Services in accordance with these Terms, the Documentation, the Acceptable Use Policy, and all applicable laws; (c) Customer is not located in, ordinarily resident in, or accessing the Services from a country, territory, or region subject to comprehensive U.S. sanctions, and is not listed on any U.S. government denied-party list; and (d) Customer will comply with all anti-corruption and anti-bribery laws applicable to Customer, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

Disclaimer.EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. MACHGEN DOES NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE.

MachGen is not Customer’s fiduciary, lawyer, doctor, accountant, financial advisor, or other professional advisor. The Services and Outputs are not a substitute for professional advice. Customer is responsible for obtaining any professional advice it requires in connection with its use of the Services.

By Customer.Customer will defend MachGen against any third-party claim arising from or relating to (i) Customer Content; (ii) Customer’s or any Authorized User’s or End User’s use of the Services in violation of these Terms, the Documentation, the Acceptable Use Policy, or applicable law; (iii) Customer’s use of Outputs; (iv) any product or service Customer offers to End Users that incorporates or is built on the Services; or (v) any High-Risk Use undertaken without MachGen’s prior written consent, and will indemnify MachGen for amounts finally awarded by a court of competent jurisdiction or paid in settlement approved by Customer.

Procedure.MachGen will (a) promptly notify Customer of the claim in writing, (b) give Customer sole control of the defense and settlement (provided that no settlement may impose any non-monetary obligation on MachGen without MachGen’s prior written consent, such consent not to be unreasonably withheld), and (c) provide reasonable cooperation at Customer’s expense.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY CUSTOMER TO MACHGEN UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS DO NOT APPLY TO (I) CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 6, (II) CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 16, (III) WILLFUL BREACHES OF SECTION 12 (CONFIDENTIALITY), (IV) CUSTOMER’S VIOLATION OF SECTION 4 OR SECTION 5, OR (V) LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

To the extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Services must be brought within one (1) year after the cause of action accrues. After such period, any such claim or cause of action is permanently barred.

Term. These Terms commence on the date you first accept them and continue until terminated in accordance with this Section.

Termination for Convenience. MachGen may terminate these Terms or any Customer Account at any time, in its sole discretion, with or without notice to Customer and without any liability to Customer or any third party. Customer may terminate these Terms by providing notice to MachGen, subject to the terms of any active Order.

Termination for Cause. Customer may terminate these Terms upon written notice if MachGen materially breaches these Terms and fails to cure that breach within thirty (30) days after receiving written notice of the breach. MachGen may terminate these Terms or any portion thereof at any time, in its sole discretion, with or without notice or cure period and without any liability to Customer or any third party, including (without limitation) upon any actual or suspected breach by Customer of these Terms, the Documentation, the Acceptable Use Policy, or applicable law.

Suspension.MachGen may suspend, limit, or restrict Customer’s access to the Services, in whole or in part, at any time, in its sole discretion, with or without notice to Customer and without any liability to Customer or any third party. Circumstances in which MachGen may exercise these rights include, but are not limited to: (a) Customer’s use of the Services poses an actual or suspected threat to the security, integrity, or availability of the Services or any third party; (b) Customer is violating, or MachGen suspects Customer is violating, the Acceptable Use Policy or these Terms; (c) Customer’s account is delinquent; or (d) suspension is required or advisable in MachGen’s judgment to comply with applicable law or any governmental request.

Effect of Termination.Upon termination, all rights and licenses granted to Customer will immediately cease, Customer will cease all use of the Services, and each party will return or destroy the other party’s Confidential Information in its possession, subject to legal and recordkeeping retention obligations. Sections that by their nature should survive termination will survive, including Sections 1, 6, 7.3, 8, 9, 12, 13, 14.2, 15, 16, 17, 18, 19.5, 19.6, 22, and 23.

Data Export.Following termination, MachGen may, in its sole discretion and upon Customer’s written request, make Customer Content available for export through the Services or an alternative mechanism, for such period as MachGen determines. MachGen may delete Customer Content at any time in accordance with its data retention policies, with or without notice to Customer.

MachGen respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that material accessible through the Services infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) to our designated agent at legal@machgen.ai. Your notice must include the information required under 17 U.S.C. § 512(c)(3).

If you are a user whose content has been removed pursuant to a DMCA notice and you believe the removal was in error, you may submit a counter-notice in accordance with 17 U.S.C. § 512(g). MachGen may, in its discretion, terminate the accounts of users who are determined to be repeat infringers. Submission of a false notice or counter-notice may result in liability under 17 U.S.C. § 512(f).

The Services and Outputs may be subject to U.S. export control laws (including the Export Administration Regulations), U.S. economic sanctions administered by the Office of Foreign Assets Control, and the export control and sanctions laws of other jurisdictions. You will not, directly or indirectly, export, re-export, or otherwise transfer the Services, Outputs, or any technical data derived from the Services to any country or person prohibited under such laws, or to any person designated on any U.S. government denied-party list. You represent that you are not located in, ordinarily resident in, or accessing the Services from any country or region subject to comprehensive U.S. sanctions.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MACHGEN AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

Informal Resolution. Before commencing any formal dispute resolution proceeding, each party will provide the other with written notice describing the dispute and the relief sought, and the parties will attempt in good faith to resolve the dispute through informal negotiation for at least thirty (30) days.

Arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved through informal negotiation will be resolved exclusively by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (or, for consumer disputes, its Streamlined Arbitration Rules). The arbitration will be conducted by a single arbitrator. The seat of arbitration will be San Francisco, California, and the proceedings will be conducted in English. The arbitrator’s award will be final and binding, and judgment may be entered on the award in any court of competent jurisdiction.

Class-Action Waiver. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties or preside over any class or representative proceeding. If this class-action waiver is held unenforceable, the entirety of this Section 22 is null and void.

Carve-Outs. Notwithstanding the foregoing, either party may (a) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the infringement or misappropriation of its Intellectual Property Rights, the breach of confidentiality obligations, or the violation of applicable law, and (b) bring an individual action in small-claims court for claims within the jurisdictional limits of that court.

Opt-Out. You may opt out of this Section 22 by sending written notice of your decision to opt out to legal@machgen.ai within thirty (30) days after first accepting these Terms. The notice must include your name, account email address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not opt you out of the class-action waiver in Section 22.3.

Governing Law. Subject to Section 22, these Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any judicial proceeding permitted under these Terms will be brought exclusively in the state and federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and venue of those courts.

Force Majeure. Neither party will be liable for any delay or failure to perform under these Terms (except for payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, public health emergencies, governmental action, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, cyberattacks, failures of cloud or infrastructure providers, or failures of any Model Provider.

Assignment.Customer may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without MachGen’s prior written consent. MachGen may assign these Terms freely. Any attempted assignment in violation of this Section is void.

Independent Contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship.

Notices. Notices to MachGen must be sent in writing to legal@machgen.ai or to the mailing address set forth in the introduction to these Terms. Notices to Customer may be sent to the email address associated with Customer’s account or, where applicable, to the address in the applicable Order.

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

Waiver. The failure of a party to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

U.S. Government Restricted Rights.The Services and Documentation are “commercial computer software” and “commercial computer software documentation” as those terms are defined in 48 C.F.R. § 2.101. Any use, modification, reproduction, release, performance, display, or disclosure of the Services or Documentation by or for the U.S. Government is subject solely to these Terms.

Modifications to These Terms.MachGen may modify these Terms at any time in its sole discretion. Modifications are effective immediately upon posting the updated Terms on the MachGen website with a revised Effective Date, and MachGen is not required to provide any other notice. Customer’s continued use of the Services after the revised Effective Date constitutes acceptance of the updated Terms. If Customer does not agree to the updated Terms, Customer must stop using the Services.

Order of Precedence. In the event of any conflict, the order of precedence is: (a) the signed Order, (b) the DPA, (c) these Terms, and (d) the Acceptable Use Policy, except that the Acceptable Use Policy controls to the extent it imposes more restrictive obligations on Customer.

Entire Agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, the DPA (if executed), and any applicable Order, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous understandings.

Counterparts and Electronic Signatures. These Terms may be accepted electronically, including through click-acceptance, and may be executed in counterparts, each of which is deemed an original.

Language. These Terms are entered into in the English language. Any translation provided is for convenience only, and the English-language version controls in the event of any conflict.