Terms of Use
Last Updated: September 4, 2025
These Terms of Use and our Privacy Policy (together, these “Terms”) set forth the terms and conditions on which Machinify, Inc. and its affiliates (collectively, “Machinify,” “we,” “us,” “our”) offer you access to www.machinify.com, www.rawlingsgroup.com, and all other Machinify owned or operated websites, including online applications and social media channels (collectively, the “Site”).
- Acceptance of Terms and Jurisdiction.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE BECAUSE THEY FORM A LEGAL AGREEMENT BETWEEN MACHINIFY AND YOU. THESE TERMS CONTAIN PROVISIONS THAT LIMIT MACHINIFY’S LIABILITY TO YOU.
BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, YOU WILL COMPLY WITH THESE TERMS, AND YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. NOTHING IN THESE TERMS WILL BE DEEMED TO CONFER ANY THIRD-PARTY RIGHTS OR BENEFITS. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
The Site is controlled and operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Site, you do so at your own risk, and you are solely responsible for complying with all local laws, rules, and regulations. We reserve the right to limit Site availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. Access to the Site from territories where the content is illegal is prohibited.
- Changes to Terms.
We reserve the right to change or modify any provisions of these Terms at any time, in our sole discretion. We will notify you of such changes by posting the revised Terms on the Site. When we change or modify these Terms, we will update the “Last Updated” date referenced at the top of these Terms on our Site. BY ACCESSING OR USING THE SITE AFTER THE “LAST UPDATED” DATE, YOU AGREE TO THE CHANGES AND MODIFICATIONS TO THESE TERMS. The changes and modifications to the Terms supersede all previous versions of the Terms.
- Additional Terms.
Additional terms and conditions may apply. Machinify may present additional terms through the Site or offline. You must agree to the additional terms before using the Site to which they relate. These Terms and any of the additional terms apply equally. If any of the additional terms are irrevocably inconsistent with any provision of these Terms, the additional terms will prevail, but only for the Site to which the additional terms apply.
- Intellectual Property.
Except as otherwise provided, the Site and all of the content and material included in or made available through the Site, including, the effects, text, designs, graphics, page headers, button icons, scripts, product and service names, images, photographs, icons, artwork, page layout, look and feel designs, sounds, video and audio clips, podcasts, videos, webinars, digital downloads, publications, blog posts, data compilations, software, code, directories, listings, documents, trademarks, service marks, logos, and other Machinify identifiers (collectively, “Machinify Content”), together with all copyrights, trademark rights, trade dress, and other intellectual property rights therein and thereto, are the exclusive property of Machinify and may not be copied, reproduced, used or exploited without the express prior written permission of Machinify. All rights, title, and interest not expressly granted with respect to the Site and content provided on or made available through the Site are reserved and retained by Machinify, its licensors, and content providers. All other names, logos, product and service names, designs, and slogans that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Machinify. You may not use any metatags or other “hidden text” utilizing “Machinify” or any other name, trademark, or product and service name of Machinify, without the prior written permission of Machinify. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Nothing contained in these Terms grants, by implication, estoppel, or otherwise, any license or right in or to Machinify’s trademarks, logos, trade dress, service marks, patents, trade secrets, or other intellectual property embodied in the Site (“Machinify IP”). Unauthorized use of any of the Machinify IP may violate the law.
- Access and Use of the Site.
When you access or use the Site, you will do so only for the purposes permitted by these Terms and any applicable law or regulation in relevant jurisdictions. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences of any such breach. As a condition of your use of the Site, you warrant to Machinify that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you agree not to:
- Use any script, robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, data mine, or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly-available, searchable indices of such materials, but not caches or archives of such materials, solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
- Engage in any activity that disrupts or otherwise interferes with the Site or the servers or networks used to make the Site available;
- Duplicate, reproduce, copy, republish, incorporate, modify, adapt, reverse engineer, distribute, republish, extract, upload, display, post, transmit, license, sell, trade, or resell the Site or any Machinify Content for any purpose, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Machinify;
- Frame or mirror any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without express prior written approval by an authorized representative of Machinify;
- Divert or attempt to divert Machinify customers or prospects to another website, mobile application, or service;
- Use any program, application, script, or other means to transmit any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware, or other computer code, file or program that is or is potentially harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- Send any unauthorized advertisement, junk mail, or other unsolicited or unauthorized commercial or promotional content to Machinify;
- Impersonate any person or entity, including Machinify and its affiliates and employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Incorporate any Machinify Content or Machinify Resources into any other work or use Machinify Content or Machinify Resources in any public or commercial manner;
- Use the Site in any manner that could damage, disable, overburden, or impair Machinify’s servers or networks, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to the Site, other users’ accounts, or Machinify computer systems or networks through hacking, password mining, or any other means;
- Use the Site, Machinify Resources or Machinify Content for any purpose that is unlawful, tortious, fraudulent, or otherwise prohibited by these Terms;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of any of the Site;
- Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, threatening, harassing, degrading, hateful, defamatory, libelous, obscene, disruptive, harmful, or otherwise objectionable (as determined by Machinify);
- Remove or change any copyright, trademarks, or other intellectual property rights notice from the Site, Machinify Resources, or Machinify Content; or
- Assist any person or entity in engaging in any of the activities described above.
While using the Site, you will comply with all applicable laws and regulations. Your use of the Site is conditioned on your compliance with these Terms. Your failure to comply with these Terms may result in termination of your access to the Site.
You are responsible for obtaining the internet access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply if you use or access the Site from a mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site. Machinify does not guarantee that the Site or any portion thereof will function on any particular hardware or device. Additionally, the Site may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
- User Submissions.
Machinify may offer areas where you and others can post or otherwise submit information, photos, graphics, creative suggestions, ideas, notes, concepts, or other materials on or to the Site (collectively, “Submissions”). You retain ownership of your Submissions, but, by sending, posting or transmitting Submissions to or through the Site, you grant Machinify and our designees a worldwide, non-exclusive, fully sub-licensable (through multiple tiers), transferable, royalty-free, fully paid-up, perpetual and irrevocable license, without additional consideration to you or any third party, to use, display (publicly or otherwise), reproduce, sub-license (through multiple tiers), distribute, create derivative works of, adapt, modify and otherwise use, analyze, exploit, perform and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. Under no circumstances are you entitled to payment if Machinify uses one of your Submissions. In addition, if you provide us with any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is gratuitous, unsolicited, and without restriction. All Submissions are deemed non-confidential and non-proprietary.
You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity;
- You own or otherwise control all of the rights to your Submissions, including all copyrights and trademarks; and
- Your Submission complies with applicable laws and regulations.
You acknowledge and agree that Machinify has the right, but not the obligation, to alter, remove, or refuse to post or allow to be posted any Submissions. You also may have the right to request that Machinify remove your Submission. Machinify takes no responsibility and assumes no liability for any Submission posted by you or any third party. Machinify strongly encourages you not to disclose any personal or identifying information in your Submission, because other people can see and use the information in your Submission. Machinify is not responsible for information that you communicate in any of your Submissions.
You represent and warrant that you have all rights necessary to grant the licenses granted in this Section 6, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
- Machinify Resources.
Information provided in the Machinify Resources section of the Site, including case studies, webinars, Ebrief posts, podcasts, blog, and other materials (collectively, the “Machinify Resources”), is for general informational purposes only and does not constitute professional advice. The views expressed are those of the author, presenter, host, and interviewees and do not necessarily represent those of Machinify. Machinify Resources are not intended to be a substitute for professional advice in medical, legal, or business matters. While we strive for accuracy, we make no representations or warranties regarding the completeness, reliability, or suitability of this information. Any reliance you place on such information is strictly at your own risk. Machinify is not liable for any losses or damages in connection with the use of the Machinify Resources. The artificial intelligence capabilities and technologies described within Machinify Resources may be subject to limitations and should not be used as the sole basis for decision-making. Machinify expressly disclaims all liability in respect to actions taken or not taken based on any Machinify Resources and Machinify Content.
- Third Party Websites.
The Site may contain links to other websites, products, services, materials, information, and social media made available by third parties (collectively, “Third Party Sites”). Machinify provides links to Third Party Sites for your convenience only. You access Third Party Sites at your own risk. By using this functionality, you are directing us to access, route, and transmit to you the applicable Third Party Sites. Third Party Sites are not controlled by Machinify, and Machinify is not responsible for any Third Party Sites or their content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. Unless expressly stated, Machinify does not endorse and is not affiliated with any of the Third Party Sites. Machinify does not investigate, verify, or monitor the Third Party Sites. Please check the URL address provided in your browser to see if you have moved to another website. We may block or disable access to any Third Party Sites (in whole or in part) through the Site at any time.
- Information Privacy and Protection.
Please carefully read the Privacy Policy to learn about the information that Machinify collects on the Site and how we process it. Machinify reserves the right at all times to disclose any information as Machinify deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise described in the Machinify Privacy Policy. Our Site is primarily intended for individuals within the United States. However, if you are a resident of any country outside the United States, you acknowledge that your personal information will be transferred to, processed, and stored in the United States. By using our Site, you consent to this transfer, processing, and storage of your personal information.
Machinify takes reasonable precautions intended to help protect information that we process. Unfortunately, no security measure is one hundred percent secure. We cannot guarantee the security of the information we process. You are responsible for using the precautions best suited for your intended use of the Site.
- Disclaimers, Warranties, and Limitation of Liability.
You and Machinify warrant that you and Machinify have validly entered into these Terms and have the legal power to do so.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MACHINIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. MACHINIFY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MACHINIFY CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT MACHINIFY IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION), OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, MACHINIFY RESOURCES OR MACHINIFY CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT MACHINIFY IS NOT AND WILL NOT BE LIABLE FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, MACHINIFY RESOURCES OR MACHINIFY CONTENT.
WITHOUT LIMITING THE FOREGOING, MACHINIFY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MACHINIFY RESOURCES, MACHINIFY CONTENT, THIRD PARTY SITES, OR OTHER INFORMATION OR MATERIALS ON THE SITE, INCLUDING FROM ANY VIRUS OR MALWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY MACHINIFY RESOURCES, ANY MACHINIFY CONTENT, THIRD PARTY SITES, OR OTHER INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE IS TO STOP USING THE SITE.
THE MAXIMUM AGGREGATE LIABILITY OF MACHINIFY AND ITS AFFILIATES IN CONNECTION WITH THE SITE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE, AND (2) TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION 10 AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF MACHINIFY AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Machinify would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
- Indemnification.
You agree to indemnify and defend Machinify and our investors, officers, directors, employees, affiliates, parents, subsidiaries, licensors, partners, licensees, consultants, contractors, and agents (collectively, the “Indemnified Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense, and reasonable attorneys’ fees brought against Machinify by any third party arising from your use of, or activities in connection with, the Site, Machinify Resources, or Machinify Content by or on behalf of you; Machinify’s use of your Submission; or your breach or violation of these Terms, the rights of a third party, or applicable law. Machinify reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Machinify may be made without Machinify’s prior written approval.
- Termination.
These Terms are effective until terminated. Machinify may, at any time and for any reason, terminate or suspend your access to or use of the Site, or any files, information, or materials. Upon any such termination or suspension, your right to use the Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete all associated files, information, and materials. If we terminate or suspend your use of the Site, you hereby waive any claims against Machinify with respect to such termination or suspension. Machinify will not be liable for any termination or suspension of your access to the Site or to any such files, information, or materials, and (except as may be required under mandatory applicable law) will not be required to make such files, information, or materials available to you after any such termination or suspension. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms. Termination will not limit any of Machinify’s other rights or remedies. This Section 12, along with Sections 4, 6, 7, 10, 11, 13, 14, 15, and 16, will survive termination of these Terms.
- Governing Law and Jurisdiction.
These Terms are governed by and construed and enforced in accordance with the laws of the U.S. State of Texas, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Machinify agree to be subject to the exclusive jurisdiction of state and federal courts located in Dallas County, Texas. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
- Claims of Copyright Infringement.
We respond to notices of alleged infringement as required by the US Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Machinify’s DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
If you have a good faith belief that your work was copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise were violated on or through the Site, please send your claim or notice of infringement to Machinify’s designated DMCA Agent at: [email protected]. Please do not send any other correspondence or inquiries to our DMCA Agent.
To be effective, the notification must be a written communication that includes all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (ii) A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) A description of where in the Site the material that you claim is infringing is located; (iv) Contact information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and an email address; (v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you, made under penalty of perjury, that the information in the notification to Machinify is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Electronic Signature.
Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
- Miscellaneous.
If you acquire or download any software from the Site, you acknowledge that your access and use of the software is also subject to the terms and conditions of the applicable agreement that was executed before you gained account access to the software.
These Terms do not and will not be construed to create any partnership, joint venture, employer-employee, or agency relationship between you and Machinify.
These Terms hereby incorporate by this reference any additional terms that we post on the Site. Except as otherwise expressly stated herein, these Terms are the entire understanding by and among Machinify and you with respect to the subject matter contained herein, and there are no promises, covenants, or undertakings other than those expressly set forth herein. These Terms supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. These Terms (i) are binding upon and will inure to the benefit of and will be binding upon Machinify and you and your successors and assigns, respectively; and (ii) may be assigned, transferred, or sublicensed by Machinify without restriction. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without the prior express written consent of Machinify. Notice to you may be made by posting on the Site or by email (including via links), at our discretion. You agree to receive all current and future notifications, disclosures, communications, and information electronically. The aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt, as evidenced by such email or the day of posting.
If any provision of these Terms is or becomes invalid, illegal, or incapable of being enforced, all remaining provisions of these Terms will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein. No waiver by either Machinify or you of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”
If you have any questions, complaints, or concerns regarding the Site, you may email us at [email protected] or contact us by mail at:
Attn: Legal Department
Machinify, Inc.
8333 Douglas Ave., Suite 750
Dallas, Texas 75225