Terms of Service

Last updated Jul 1, 2026

These Terms of Service ("Terms") govern your access to and use of the Maketio service (the "Service") operated by Ing. Jakub Havej, a sole trader (OSVČ) registered in the Czech Republic, IČO 01491563, with registered place of business at Lužice 115, 435 24 ("Maketio", "we", "us", "our").

By creating an account or using the Service, you ("you", the "Merchant") agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Maketio provides tools that let you:

  • create an online store and product pages hosted on a maketio.com subdomain or a custom domain;
  • connect your Instagram professional account and automatically send a direct message containing a product link to people who comment on your enabled posts; and
  • accept payments for your products through Stripe.

We may add, change, or remove features. The Service is provided on an "as available" basis.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract. You must use the Service only for lawful business purposes and only for physical or otherwise permitted products you are entitled to sell.

3. Your account

You are responsible for the accuracy of your account information, for maintaining the confidentiality of your login credentials, and for all activity under your account. Notify us promptly of any unauthorized use.

4. Instagram / Meta integration

  • To use the automation features you must connect an Instagram professional account and grant the permissions the Service requests (instagram_business_basic, instagram_business_manage_comments, instagram_business_manage_messages).
  • Your use of Instagram through the Service is also subject to Meta's and Instagram's terms and policies. You are responsible for complying with them, including the Meta Platform Terms and Instagram's Community Guidelines.
  • You authorize Maketio to access and process your Instagram data and to send direct messages on your behalf to people who comment on posts you have enabled. You confirm that this automated messaging, as configured by you, complies with applicable law and Meta's policies.
  • Meta may change or restrict its APIs at any time, which may affect or suspend the automation features. We are not liable for changes made by Meta.

5. Your content and responsibilities

You are solely responsible for:

  • your store, products, prices, descriptions, images, and all content you upload ("Merchant Content"), and for ensuring you hold the necessary rights;
  • the legality, safety, and accuracy of the products you sell and of your advertising;
  • fulfilling orders, handling returns, and providing customer support to your Buyers;
  • your own tax, consumer-protection, labeling, and other legal obligations toward your Buyers; and
  • the content and lawfulness of any automated messages you send through the Service.

You grant us a non-exclusive, worldwide license to host and display Merchant Content solely to operate the Service for you.

6. Acceptable use

You must not use the Service to:

  • send spam or unsolicited messages, or to message people who have not interacted with your posts;
  • sell illegal, counterfeit, dangerous, or prohibited goods;
  • infringe intellectual property or privacy rights;
  • violate Meta's, Instagram's, or Stripe's terms; or
  • attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service.

We may suspend or terminate accounts that breach this section.

7. Payments and fees

7.1 Storefront sales (Stripe Connect)

  • To sell, you must create and connect your own Stripe account. You are the merchant of record for your sales, responsible for the transaction, the product, refunds, chargebacks, and related taxes. You can access all your payment data in your Stripe dashboard.
  • Your use of Stripe is governed by the Stripe Connected Account Agreement and Stripe's other terms.
  • Maketio charges a platform fee on each sale, currently up to 3% (a 1% application fee at launch), applied automatically through Stripe. We will give notice before increasing the fee.

7.2 Maketio subscription

  • The Service is offered with a free tier and one or more paid tiers. Current prices and features are shown in the app. Paid subscriptions are billed in advance through Maketio's Stripe account and renew automatically until cancelled.
  • You can cancel at any time; cancellation takes effect at the end of the current billing period. Except as required by law, fees already paid are non-refundable.
  • Consumer withdrawal: if you qualify as a consumer under Czech/EU law, you have a 14-day right of withdrawal from a paid subscription. By starting to use a paid feature within that period you request immediate performance and acknowledge that your withdrawal right ends once the service is fully provided.
  • We may change prices, tiers, or fees with reasonable prior notice; changes apply from your next billing period.

8. Data protection

The roles of the parties for the different categories of personal data are set out in our Privacy Policy. In respect of your Buyers' personal data, Maketio and you are joint controllers under Article 26 GDPR. This section allocates our respective responsibilities. (For Instagram commenter data, Maketio is the controller; for your own account data, Maketio is the controller — see the Privacy Policy.)

8.1 Allocation of responsibilities (joint controllers of Buyer data)

  • Maketio is responsible for: the storefront and checkout technology; providing the Buyer-facing Privacy Policy, Storefront Terms of Use, and Return & Warranty Policy; information security (Article 32); data retention and deletion; and acting as the single point of contact for Buyers exercising their data-protection rights, including the Data Deletion process. Maketio engages the sub-processors listed in the Privacy Policy and will give you reasonable notice of changes.
  • You (the Merchant) are responsible for: being the seller of record; any use of Buyer data for your own commercial or marketing purposes; ensuring you have a lawful basis and any required consent (including marketing consent) for such use before using the Service or its email features; and the accuracy of the instructions and content you provide.
  • Cooperation: each party will inform the other without undue delay of any personal-data breach, data-subject request, or regulator contact relating to Buyer data, and will provide reasonable assistance so the other can meet its obligations under Articles 32–36. Regardless of this allocation, a Buyer may exercise their rights against either of us (Article 26(3)).

8.2 Buyer-facing legal documents ("legal layer")

  • Maketio provides a standardized Buyer-facing legal pack — Storefront Terms of Use, Privacy Policy, Data Deletion Instructions, and a configurable Return & Warranty Policy — that applies to your Store. This relieves you of drafting your own, but you remain the seller of record.
  • The Return & Warranty Policy is a configurable template, not legal advice. You are responsible for setting its merchant-specific options correctly for the goods you sell (including which withdrawal-right exceptions apply, e.g. for perishable, custom-made, or hygiene-sealed goods) and for honouring returns, refunds, and warranty claims as the seller.
  • Consumer rights (returns, warranty, conformity, and any right of withdrawal) are owed by you to your Buyers under applicable law. Maketio is not the seller and does not assume these obligations.

9. Intellectual property

The Service, including its software, design, and trademarks, is owned by Maketio and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain all rights in your Merchant Content.

10. Third-party services

The Service integrates with third parties (Meta/Instagram, Stripe, and others). Your use of those services is governed by their terms, and we are not responsible for them.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that the Instagram automation will operate without disruption, particularly where Meta changes its platform.

12. Limitation of liability

To the maximum extent permitted by law, Maketio will not be liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) EUR 100. Nothing in these Terms limits liability that cannot be limited under applicable law, including for intentional harm or gross negligence.

13. Indemnification

You will indemnify and hold Maketio harmless from claims arising out of your Merchant Content, your products, your messages, your breach of these Terms, or your violation of any law or third-party right.

14. Suspension and termination

  • You may stop using the Service and close your account at any time.
  • We may suspend or terminate your access if you breach these Terms, if required by law or by Meta/Stripe, or to protect the Service or other users.
  • On termination, your right to use the Service ends. We will handle your data as described in the Privacy Policy and Data Deletion Instructions.

15. Changes to these Terms

We may update these Terms from time to time. For material changes we will notify Merchants by email or in the app before they take effect. Continued use after the effective date constitutes acceptance.

16. Governing law and disputes

  • These Terms are governed by the law of the Czech Republic, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
  • The courts having jurisdiction at Maketio's registered seat have exclusive jurisdiction, subject to any mandatory consumer-protection rules that give a consumer the right to bring proceedings in their place of residence.
  • If you are a consumer, you may also use the Czech Trade Inspection Authority (Česká obchodní inspekce, coi.cz) for out-of-court dispute resolution, or the EU ODR platform.

17. Miscellaneous

If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor. These Terms, together with the Privacy Policy, are the entire agreement between us regarding the Service.

18. Contact

Ing. Jakub Havej — IČO 01491563 Lužice 115, 435 24, Czech Republic Email: legal@maketio.com