Terms of Service

Effective Date: March 2026

Last Updated: May 2026

These Terms of Service (“Terms”) govern your access to and use of the Makk Technologies website, portal, software, mobile features, notifications, and related services (collectively, the “Services”).

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

1. Who We Are

Makk Technologies provides vehicle safety and monitoring software and related services, including account management tools, notifications, customer records, device-related workflows, and billing-related features.

2. Eligibility and Authorized Use

You may use the Services only if you are authorized to do so and can form a binding agreement under applicable law.

You agree to use the Services only for lawful purposes and in accordance with these Terms.

3. Accounts and Account Security

To use certain parts of the Services, you may be required to create or be assigned an account. You are responsible for:

  • Providing accurate account information
  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account
  • Promptly notifying us of any unauthorized use of your account

We may suspend or terminate accounts that are unauthorized, insecure, inactive, or used in violation of these Terms.

4. Acceptable Use

You agree not to:

  • Use the Services in violation of any law or regulation
  • Attempt to gain unauthorized access to systems, accounts, or data
  • Interfere with or disrupt the operation of the Services
  • Upload malicious code, malware, or harmful content
  • Misuse data, reports, media, or records obtained through the Services
  • Copy, modify, reverse engineer, or exploit the Services except as permitted by law
  • Use the Services in a way that infringes the rights of others

5. Customer Data and User Content

The Services may allow the submission, storage, display, or processing of account data, customer records, device-related records, schedules, event history, messages, photos, videos, and other materials (“User Content”).

You are responsible for ensuring that you have the rights and authority to submit and use any User Content you provide through the Services.

You grant us a limited right to host, store, process, transmit, and display User Content as necessary to provide, maintain, and improve the Services and to comply with legal obligations.

6. SMS / Text Message Program

Program Name and Description

Makk Technologies Account & Service Notifications is a non-marketing SMS program operated by Makk Technologies. Through this program, we send account-related and service-related text messages to users who have provided their mobile phone number, including test reminders, scheduling notifications, account notices, billing notifications, event alerts, customer support replies, and messages from your supervising party or program staff.

Consent

By providing your mobile phone number when creating or updating your account, you consent to receive text messages from Makk Technologies related to your account and use of the Services. SMS messaging is part of the Service and is not a marketing program.

Message Frequency

Message frequency varies depending on your account activity, scheduled tests, and supervising-party communications.

Message and Data Rates

Message and data rates may apply. Charges are billed by and payable to your mobile service provider. For questions about your text plan or data plan, contact your wireless provider.

Opt-Out Instructions

You can cancel the SMS service at any time. Simply text STOP to our number. Upon sending STOP, we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.

Rejoining Instructions

To rejoin after opting out, reply START to our number, sign up as you did initially, or contact support to be re-added. We will resume sending SMS messages to you.

Help Instructions

If you experience issues with the messaging program, reply HELP to any message for support information, or contact us directly at info@makktechnologies.com or 713-205-5235.

Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

Privacy

For information about how we handle your mobile information, see our Privacy Policy. No mobile information, including phone numbers and SMS opt-in data, will be shared with or sold to third parties or affiliates for marketing or promotional purposes at any time.

Compliance

We operate our SMS program in compliance with applicable industry standards and regulations, including TCPA and CTIA guidelines, and our carrier-approved messaging campaign.

7. Billing and Payments

Certain features of the Services may require payment, subscription fees, service fees, or other charges.

By using paid features, you agree to pay applicable fees as described at the time of purchase or under your service agreement.

We may use third-party payment processors to handle billing and payment transactions. Payment terms, renewal terms, invoice timing, and any late payment consequences may be governed by separate order forms, invoices, or service agreements where applicable.

8. Intellectual Property

The Services, including the software, design, text, graphics, branding, logos, interfaces, and related materials, are owned by or licensed to Makk Technologies and are protected by applicable intellectual property laws.

Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you.

9. Availability and Changes

We may update, modify, suspend, or discontinue all or part of the Services at any time, with or without notice.

We do not guarantee that the Services will always be available, uninterrupted, error-free, or suitable for every use case.

10. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by law, Makk Technologies and its affiliates, officers, employees, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities arising out of or related to your use of the Services.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid us, if any, for the Services giving rise to the claim during the 12 months before the event giving rise to liability.

12. Indemnification

You agree to defend, indemnify, and hold harmless Makk Technologies and its affiliates, officers, employees, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

13. Suspension and Termination

We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, created risk, failed to pay applicable fees, or if suspension is necessary to protect the Services, users, or third parties.

Upon termination, your right to use the Services will stop immediately, but provisions that by their nature should survive termination will remain in effect.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be brought in the appropriate state or federal courts located in Texas, unless applicable law requires otherwise.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.

16. Contact Us

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

Makk Technologies

5244 Elm St.

Houston, Texas 77081

info@makktechnologies.com

713-205-5235