Terms of Service
Effective Date: July 1, 2025
Last Updated: July 1, 2025
1. Introduction and Acceptance
Welcome to Machine Octopus. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using Machine Octopus, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, please do not use our services.
2. Service Description
Machine Octopus is a marketplace platform that connects buyers and sellers of used industrial machinery, primarily from Germany and the United Kingdom. We provide:
- A platform to browse and search for used industrial machinery
- Communication tools to connect buyers with sellers
- Information about available machinery and equipment
- A secure messaging system for inquiries
We are an intermediary platform and do not own, sell, or warranty any machinery listed on our website.
3. User Responsibilities
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using our services on behalf of a company, you represent that you have the authority to bind that company to these Terms.
3.2 Accurate Information
You agree to provide accurate, current, and complete information when using our services and to update such information as necessary.
3.3 Prohibited Uses
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit spam, viruses, or other harmful content
- Engage in fraudulent or deceptive practices
- Harass, abuse, or harm other users
- Attempt to gain unauthorized access to our systems
- Use our platform for any illegal or unauthorized purpose
4. Terms for Buyers
4.1 Inquiry Process
When you submit an inquiry about machinery, we will forward your contact information and message to the relevant seller. This facilitates direct communication between you and the seller.
4.2 Due Diligence
You are responsible for conducting your own due diligence before purchasing any machinery, including:
- Inspecting the machinery in person or through qualified representatives
- Verifying the condition, specifications, and functionality
- Confirming ownership and legal title
- Arranging appropriate transportation and installation
- Ensuring compliance with local regulations and safety standards
4.3 Direct Transactions
All transactions occur directly between buyers and sellers. Machine Octopus is not a party to any sale and does not handle payments, shipping, or delivery arrangements.
5. Terms for Sellers
5.1 Listing Requirements
Sellers must provide accurate and complete information about their machinery, including:
- Truthful descriptions of condition and specifications
- Current and accurate photographs
- Legitimate ownership or authorization to sell
- Compliance with applicable laws and regulations
5.2 Response to Inquiries
Sellers agree to respond to legitimate buyer inquiries in a timely and professional manner.
6. Disclaimers and Limitations
6.1 Platform Disclaimer
Machine Octopus provides the platform "as is" without warranties of any kind. We do not warrant the accuracy, completeness, or reliability of any information on our platform.
6.2 No Warranty on Machinery
We do not inspect, test, or warranty any machinery listed on our platform. All warranties, if any, are provided directly by the seller.
6.3 Limitation of Liability
To the maximum extent permitted by law, Machine Octopus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
7. Intellectual Property
The Machine Octopus website, including its design, logos, text, graphics, and software, is owned by Machine Octopus and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
8. Indemnification
You agree to indemnify and hold harmless Machine Octopus, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your transactions with other users
- Your violation of any law or third-party rights
9. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you consent to our privacy practices.
10. Termination
We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. You may also stop using our services at any time.
11. Governing Law and Disputes
These Terms are governed by German law. Any disputes arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of German courts.
12. Force Majeure
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
13. Changes to Terms
We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be effective 30 days after posting. Your continued use of our services after such changes constitutes acceptance of the updated Terms.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15. Contact Information
If you have questions about these Terms of Service, please contact us:
Machine Octopus
Email: legal@machineoctopus.com
General Email: info@machineoctopus.com
Subject Line: Terms of Service Inquiry
Acknowledgment
By using Machine Octopus, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These documents constitute the entire agreement between you and Machine Octopus regarding your use of our services.