Website Terms of Use

1. About these Terms

These Website Terms of Use ("Terms") govern your access to and use of the Makimoto website at makimoto.ai (the "Website"), operated by Toku Ltd. ("Toku", "we", "us", or "our") through its subsidiary Makimoto Technology Pte. Ltd.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

These Terms apply only to your use of the Website itself. They do not govern your use of the Kawa API or any other Makimoto product or service. Use of the Kawa API will be governed by separate Service Terms, which will be published when the API launches.

2. Who can use the Website

The Website is intended for individuals aged 18 or older. By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into binding agreements.

If you are using the Website on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and references to "you" include that organisation.

3. The Waiting List

The Waiting List allows you to register your interest in early access to the Kawa API ahead of its launch. By signing up for the Waiting List, you agree that:

• Registration on the Waiting List does not guarantee access to the Kawa API or any other Makimoto product or service.
• Early access, if granted, will be subject to the separate Service Terms in force at the time access is granted.
• We may grant early access to Waiting List members on a rolling basis, in any order we determine, including based on the use case information you provide. We may also choose not to grant early access at all.
• We may close the Waiting List, change the terms of early access, or discontinue the Makimoto initiative at any time.
• Your personal data submitted through the Waiting List will be handled in accordance with our Privacy Notice.

4. Acceptable use

You agree not to use the Website for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Website or interfere with any other party's use of it. In particular, you agree not to:

• Submit false, misleading, or fraudulent information through any form on the Website
• Submit personal data of a third party without that person's consent
• Attempt to gain unauthorised access to any part of the Website, our systems, or any related systems or networks
• Use any automated system (including robots, spiders, or scrapers) to access the Website, except for legitimate search-engine indexing
• Reproduce, copy, sell, resell, or exploit any part of the Website without our prior written consent
• Use the Website to transmit any malicious code, virus, or other harmful component
• Use the Website in a manner that violates any applicable law or regulation

5. Open-source materials

Some materials referenced on the Website, including the source code for the Kawa orchestration layer, are made available under open-source licences. Your use of those materials is governed by the terms of the applicable open-source licence, which is published alongside the source code (typically in the LICENSE file of the relevant repository on GitHub). These Terms do not modify or override any open-source licence applicable to those materials.

6. Intellectual property

The Website and its content, including text, graphics, logos, images, and software, are owned by Toku Ltd., Makimoto Technology Pte. Ltd., or their licensors, and are protected by intellectual property laws. The names "Toku", "Makimoto", and "Kawa", and any associated logos, are trademarks of Toku Ltd. or Makimoto Technology Pte. Ltd.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website for your personal or internal business purposes. This licence does not include any right to reproduce, distribute, modify, or create derivative works of the Website, except as expressly permitted by these Terms or by the applicable open-source licence for any open-source materials referenced on the Website.

7. Disclaimer of warranties

The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties or representations, express or implied, regarding the Website, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or availability.

Information about the Kawa API and the Makimoto initiative is provided for informational purposes only. Product features, release dates, and technical specifications described on the Website may change without notice. Nothing on the Website constitutes a binding offer to provide any product or service.

8. Limitation of liability

To the maximum extent permitted by law, neither Toku Ltd., Makimoto Technology Pte. Ltd., nor any of their directors, officers, employees, or affiliates will be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Website, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or in connection with these Terms or your use of the Website will not exceed one hundred Singapore dollars (SGD 100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

9. Third-party links

The Website may contain links to third-party websites or services, including GitHub and Discord. These links are provided for convenience only. We do not control, endorse, or take responsibility for the content, privacy practices, or availability of any third-party websites or services. Your use of those websites or services is governed by the terms and policies of the relevant website or service.

10. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the Terms were last revised. If we make material changes, we will take reasonable steps to bring those changes to your attention, including by posting a notice on the Website or sending an email to Waiting List members.

Continued use of the Website after revised Terms have been posted constitutes your acceptance of the revised Terms.

11. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, including if we believe you have violated these Terms.

12. Governing law and jurisdiction

These Terms are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms or your use of the Website will be subject to the exclusive jurisdiction of the courts of Singapore.

13. Contact

If you have questions about these Terms, please contact us at hello@makimoto.ai.