Terms of Use
Last updated June 26th, 2025.
Welcome to Matik! Matik provides software that helps users automate the generation of presentations that contain data. In this Agreement, all these functions are included in the term “Services.” The term “Services” also includes all of Matik’s website (the “Website”), mobile applications and related players, widgets, tools, software, personalized content, and other applications, as well as any other services and tools now known or later developed by Matik.
We hope you will carefully read through these Terms of Service (“Agreement”), since it is a binding agreement between you and Matik, Inc. (“Matik,” “Company,” “we,” “us,” “our”), which owns and operates the Services. References to “you” or “your” in the Agreement shall mean the customer identified in the signature blocks. This Agreement is effective when you sign up or otherwise use any of the Services or access any content or material that is made available by Matik through the Services (the “Content”).
This Agreement incorporates our Privacy Policy. You acknowledge that you have read and understood the Agreement and agree to be bound by it. If you don’t agree with (or cannot comply with) the Agreement, then you may not use the Service or consume any Content.
For purposes of clarity, the term “Services” includes all functionality made available through the Services, such as the help desk system, connectivity API’s, and related support services. Any new features which augment or enhance the current Services, including the release of new features or products, are also governed by this Agreement. Company reserves the right at any time to change or discontinue the Services with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services; provided, that if any such modification, suspension, or discontinuance materially degrades the performance of the Services compared with the performance of the Services on the effective date of this Agreement, you may, within thirty days following the implementation of such modification, suspension, or discontinuance, terminate this Agreement upon written notice to the Company and the Company shall refund you any prepaid fees paid by you for the Services not received prior to the effective date of such termination.
You may sign up using an online form, paper agreement, or other paper or electronic means acceptable to Matik (“Order Form”). Each Order Form that you and Matik execute is incorporated into this Agreement, and you agree to its provisions as if it were fully set forth herein. To the extent any provision of a duly executed Order Form accepted by Matik conflicts with the provisions of this Agreement, the provisions of the Order Form will prevail.
We have also adopted a Data Processing Agreement (“DPA”) that places further restrictions and requirements on how we process personal data. We make the DPA available separately to individuals and companies who wish to enter into a DPA with us. If you have entered into such an agreement with us, either by executing the DPA in hard copy or by clicking “I Accept” or similar language online, the DPA will apply to both parties’ actions under this Agreement.
When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In the event you or any of your users provide any suggestions, enhancement requests, recommendations or other feedback relating to the Services (“Feedback”), you hereby grant to Company a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, copy, modify, or distribute such Feedback, including by incorporating such Feedback into the Services.
At certain times, we may in our discretion need to make revisions to this Agreement. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. If you continue using the Services after the effective date of the changes, you will be deemed to have accepted the revisions. If you do not agree to the revisions, you may terminate this Agreement by notifying us via e-mail at contact@matik.io. Any other changes to this Agreement must be in writing signed by both parties.
Certain of our Services are offered without charge. For others, you are required to pay a subscription fee (“Fee”). The description of which Services are free and which Services require the payment of Fees is set forth in the Order Form describing the Services when you sign up, and the Services and the Fees payable may change upon renewal of the then-current term with prior notice to you of such change.
The term of this Agreement shall be the period set forth in the Order Form, or if no term is set forth in the Order form, a period of one year, with renewal occurring automatically at the end of each year unless a party notifies the other not less than 30 days prior to the end of the then-current term that it intends to terminate this Agreement.
Except as otherwise expressly set forth herein, we do not issue refunds. If you cancel a subscription, you will not be entitled to a pro rata refund of the Fees paid for any period in which you are not using the Services. We may make exceptions to this policy at certain times in our sole and absolute discretion without waiving any of our rights under this section. Notwithstanding the foregoing, if you terminate this Agreement or an Order due to our uncured material breach, we will issue a pro rata refund of the Fees paid for any period in which you are not using the Services.
From time to time, we or others on our behalf may offer access to beta models of the Services or trials of paid subscriptions for a specified period without payment or at a reduced rate (each, a “Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. Any Trial version of any software or service is provided without any warranty whatsoever.
Company hereby grants you, subject to this Agreement, a limited non-exclusive, non-sublicensable, non-transferable, license to use the Services. You may not download any portion of the Website or use of any Services other than for your own internal business use. You may not use any data mining, robots, or similar data gathering tools within the Services. You may not use any of the trademarks, logos, or other proprietary graphics included in the Content or Services without express written permission from the Company, which may be denied in Company’s absolute discretion. Company’s logos and product and service names are trademarks of Company. All other trademarks appearing on the Website or in connection with the Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
In addition to any other things that might constitute a misuse of the Services, you must not, and must not attempt to do the following things:
The Services may be integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
The Services allow you to upload or post your data, information or other content (collectively, “User Content”) to the Services. Subject to the terms and conditions of this Agreement, you grant us a non-exclusive, transferable, assignable, royalty-free, worldwide license during the term of this Agreement to use User Content for the purpose of providing you the Services. You represent that you have full right to upload or post such User Content to the Services and that such User Content does not (a) violate this Agreement, applicable law, or the intellectual property or other rights of others or (b) imply any affiliation of the Company with or endorsement by Company of you or your User Content.
You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account.
Company may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites or resources. You may create a link to the Website so long as the link does not portray Company or its products or services in a false, misleading, derogatory, otherwise offensive manner. You may not use any of Company’s logos, trademarks, or other proprietary graphics as part of your link.
This Agreement is not intended to grant rights to anyone except you and Company, and in no event shall the Agreement create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of this Agreement are not subject to the consent of any other person.
The Services and all copyrights, trade secrets and other proprietary rights therein, including any derivative work and any data or information collected by Company relating to the provision, access, use, operation, or performance of the Services, are, and will remain the sole property of Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Services are licensed, not sold, to you. This Agreement confers no title of ownership in the Services and are not a sale of any rights in the Services, including any intellectual property rights related thereto.
Each party represents and warrants to the other party that (a) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation or other organization, (b) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; and (c) when executed/electronically accepted and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee. Any warranties made in this Agreement are for your benefit only.
EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.
Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand and agree that Company has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. Company and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
We may terminate this Agreement or suspend your access to the Services at any time in the event of your actual or reasonably suspected unauthorized use of the Services and/or Content or non-compliance with this Agreement. You may terminate this Agreement at any time. Any sections of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
The Services are operated by Company from its offices in California in the United States. The validity, construction, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to choice of law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with Company, this Agreement, or relating in any way to your use of the Services resides in the federal and state courts located in the State of California, and you do hereby submit to and consent to jurisdiction and venue in the courts of that state. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
In case of an action to enforce any rights or conditions of this Agreement, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
This Agreement, together with the Privacy Policy and DPA (if applicable), is a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only in accordance with Section 4 of this Agreement.
No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. This Agreement shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
Company will not be liable for or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond Company’s reasonable control.
(a) In addition to the other provisions of this Agreement, you agree to defend Company from any actual or threatened third party claim arising out of or based upon your use of the Services, the User Content or other information you provide through the Services, your failure to comply with any provisions of applicable law, or your material breach of any of the provisions of this Agreement, including the DPA. In addition, you agree to indemnify, defend, and hold harmless Company from and against: (i) all damages, costs, and attorneys’ fees finally awarded against Company in any proceeding under this subsection (a); (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by Company in connection with the defense of such proceeding (other than after you have accepted defense of such claim); and (iii) if any proceeding arising under this subsection (a) is settled, any amounts to any third party agreed to by you in settlement of any such claims.
(b) In addition to the other provisions of this Agreement, Company agrees to defend you from any actual or threatened third party claim (i) that the Services (when used in accordance with the terms of this Agreement) infringe upon or misappropriate the intellectual property rights of such third party or (ii) arising out of or based upon Company’s failure to comply with any provisions of applicable law, or Company’s material breach of any of the provisions of this Agreement, including the DPA. In addition, Company agrees to indemnify, defend, and hold you harmless from and against: (i) all damages, costs, and attorneys’ fees finally awarded against you in any proceeding under this subsection (b); (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by you in connection with the defense of such proceeding (other than after Company has accepted defense of such claim); and (iii) if any proceeding arising under this subsection (b) is settled, any amounts to any third party agreed to by Company in settlement of any such claims.
(c) The party seeking indemnification under this Section 25 shall (i) provide prompt notice of any applicable claim to the indemnifying party; provided, that the failure to provide such notice shall not relieve the indemnifying party of its indemnification obligations hereunder except to the extent the indemnifying party can show that the lack of such notice was materially prejudicial to the indemnifying party, (ii) permit the indemnifying party to assume sole control of the defense and settlement of such claim; provided, that the indemnifying party may not settle any claim without the indemnified party’s consent (not to be unreasonably withheld, conditioned, or delayed), unless such settlement does not impose any obligations on the indemnified party and includes an unconditional release of claims in favor of the indemnified party, and (iii) reasonably assist the indemnifying party, at the indemnifying party’s request and expense, in the defense and settlement of such claim.
Company does not tolerate content that appears to infringe any copyright or other intellectual property rights or otherwise violates this Agreement and will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices can be reported by contacting us at the address below. We reserve the right to delete or disable content alleged to violate this Agreement and to terminate repeat infringers. Our contact information for notice of alleged copyright infringement is:
565 Commercial Street, floor 2
San Francisco, CA 94111
In connection with this Agreement each party (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”). For purposes of this Agreement, “Confidential Information” means information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, or information that a reasonable person would consider confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as “confidential”. Without limiting the foregoing, the Content, the Services and the underlying data (including de-Identified data and usage data collected by or on behalf of the Company) are the Confidential Information of Company and User Content is your Confidential Information.
Notwithstanding the foregoing, Confidential Information does not include information that: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party’s noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that was not known to the Receiving Party to be under any obligation to maintain its confidentiality; or (d) was or is independently developed by the Receiving Party without reference to or use of any Confidential Information of the Disclosing Party.
Neither party shall use the Confidential Information of the other party for any purpose except to exercise its rights and perform its obligations under this Agreement. Neither party shall disclose, or permit to be disclosed, either directly or indirectly, any Confidential Information except to its employees or contractors who: (i) need to know such Confidential Information for purposes of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party’s obligations under this Section 27; and (iii) are bound by confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 27. Each party shall safeguard the other party’s Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care, shall promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and cooperate with the Disclosing Party to prevent further unauthorized use or disclosure.
If the Receiving Party or any of its representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If after providing the notice and assistance required under this Section 27, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose.
