1. Acceptance of Terms
By accessing or using any MaxQ product, service, website, or application (collectively, “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.
If you do not agree to these Terms, do not use the Services.
2. Who May Use MaxQ Products
MaxQ products are available to:
- Businesses (B2B): Companies, organizations, and teams that use MaxQ products for commercial purposes. Business accounts may be governed by additional terms in a separate agreement.
- Consumers (B2C): Individuals who use MaxQ products for personal or professional purposes outside of a formal business agreement.
To use the Services, you must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding legal agreement. If you are under 18, you may not use the Services.
Where a separate enterprise or business agreement exists between MaxQ and your organization, that agreement controls to the extent it conflicts with these Terms.
3. Account Registration and Security
Some MaxQ products require you to create an account. When you do:
- Accurate information: You agree to provide truthful, current, and complete information during registration and to keep it updated.
- Account security: You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Use a strong, unique password. Enable multi-factor authentication if available.
- Notify us: If you believe your account has been compromised, contact us immediately at hello@gomaxq.com.
- One person, one account: Do not share account credentials with others unless the product explicitly supports team accounts.
MaxQ is not liable for any loss or damage arising from unauthorized use of your account where you have failed to maintain reasonable security of your credentials.
4. User Responsibilities and Acceptable Use
You agree to use the Services in good faith and in compliance with all applicable laws. This includes:
- Using the Services only for their intended purposes.
- Respecting the rights, privacy, and dignity of other users.
- Not attempting to access the Services through any means other than the interfaces we provide.
- Complying with any usage limits, rate limits, or fair-use guidelines we publish.
- Taking responsibility for the content you submit, upload, or transmit through the Services.
5. Prohibited Conduct
You may not use the Services to:
- Violate any law, regulation, or third-party right.
- Transmit malware, viruses, or other harmful code.
- Attempt to gain unauthorized access to any part of the Services, other users’ accounts, or any systems or networks connected to the Services.
- Scrape, crawl, or harvest data from the Services without our written permission.
- Reverse-engineer, decompile, or disassemble any part of the Services.
- Use the Services to send unsolicited communications (spam).
- Impersonate any person or entity, or misrepresent your affiliation.
- Interfere with or disrupt the integrity or performance of the Services.
- Use the Services to develop a competing product or service.
- Use automated tools (bots, scripts, etc.) to access the Services in ways that exceed normal human usage, unless expressly permitted.
- Circumvent any access controls, usage limits, or security measures.
- Use the Services in any way that could harm MaxQ, its users, or its reputation.
We reserve the right to determine, in our sole discretion, whether conduct violates these Terms.
6. Subscriptions, Billing, and Payments
Subscriptions
Some MaxQ products are offered on a subscription basis. When you subscribe:
- You agree to pay the fees associated with your selected plan.
- Subscription terms (monthly, annual, etc.) will be clearly stated at the time of purchase.
- Features and limits vary by plan.
Billing and Payment Processing
- Payment processor: Payments are processed securely through a third-party payment processor (currently Stripe, where payments are offered). MaxQ does not directly store your full payment card information. The processor’s terms and privacy policy apply to your payment transactions.
- Billing cycle: You will be billed at the start of each billing period (monthly or annually, depending on your plan).
- Taxes: Prices may not include applicable taxes. You are responsible for any taxes associated with your use of the Services, except where MaxQ is legally required to collect them.
Renewals and Price Changes
- Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
- We may change prices from time to time. We will notify you at least 30 days before a price change takes effect, and it will apply starting with your next renewal, never mid-cycle. If you do not agree with a new price, cancel before the renewal date.
Cancellations
- You may cancel your subscription at any time through your account settings or by contacting us at hello@gomaxq.com.
- Cancellation takes effect at the end of your current billing period. You will continue to have access until then.
Refunds
- MaxQ generally does not offer refunds for partial billing periods.
- If you believe you are entitled to a refund due to a billing error or service issue, contact us at hello@gomaxq.com and we will review your request in good faith.
- Refund policies may vary by product. Any product-specific refund terms will be stated at the point of purchase.
Chargebacks
- If you think a charge is wrong, talk to us first. Nearly every billing issue is faster to fix over email than through your bank.
- We may suspend access to paid Services while a payment dispute is pending, and we may treat a chargeback of validly incurred fees, made without first contacting us, as a violation of these Terms.
7. Trials, Promotions, and Beta Features
Free Trials
- MaxQ may offer free trials for certain products. Trial terms (duration, feature access, etc.) will be stated at the time of signup.
- Unless otherwise noted, trials may automatically convert to paid subscriptions at the end of the trial period. We will notify you before this happens.
- You can cancel during the trial period to avoid being charged.
Promotions and Discounts
- Promotional pricing or discounts are subject to the specific terms stated at the time of the offer.
- Promotions cannot be combined unless explicitly stated.
Beta Features
- MaxQ may offer beta or early-access features. These features are provided “as is” and may be incomplete, unstable, or subject to change.
- Beta features may be discontinued at any time without notice.
- By using beta features, you acknowledge the inherent risks and agree that MaxQ’s liability for beta features is limited to the fullest extent permitted by law.
- Feedback on beta features is welcome and subject to Section 17 (Feedback).
8. Ownership and Intellectual Property
MaxQ’s Ownership
MaxQ and its licensors own all rights, title, and interest in the Services, including but not limited to:
- Software, code, algorithms, and architecture.
- Designs, interfaces, and user experience.
- Trademarks, logos, and brand elements (including the MaxQ name and brandmark).
- Documentation, marketing materials, and written content.
- Any improvements, modifications, or derivative works of the foregoing.
Nothing in these Terms grants you ownership of any MaxQ intellectual property. Your use of the Services does not transfer any rights to you beyond the limited license described below.
Your License to Use the Services
Subject to your compliance with these Terms, MaxQ grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose during your subscription or authorized access period.
This license does not include the right to:
- Sublicense, resell, or redistribute the Services.
- Modify or create derivative works of the Services (except as expressly permitted for customer content).
- Use MaxQ’s intellectual property outside of the Services without written permission.
9. Customer Content and User Data
Your Content
“Customer Content” means any data, text, images, files, or other materials you submit, upload, or transmit through the Services.
- You own your content. MaxQ does not claim ownership of Customer Content.
- Limited license: By submitting Customer Content, you grant MaxQ a limited, non-exclusive license to use, process, store, and display that content solely as necessary to provide, maintain, and improve the Services for you. This license terminates when you delete your content or close your account, except where retention is required by law or described in our data retention practices.
- Your responsibility: You are responsible for ensuring that your Customer Content does not violate any law or third-party right. You represent that you have the necessary rights to submit any content you provide.
User Data
MaxQ collects and processes certain data related to your use of the Services. Our collection and use of this data is described in our Privacy Policy.
11. Professional Services and Engagements
In addition to software products, MaxQ provides professional services: strategy, design, and engineering engagements (for example, brand strategy, product strategy, and coherence work).
Engagement Documents Control
- Professional services are governed by these Terms plus any proposal, statement of work, or engagement letter we both agree to (an “Engagement Document”). If an Engagement Document conflicts with these Terms, the Engagement Document controls for that engagement.
- Scope is what the Engagement Document says it is. Work outside that scope requires a new or amended Engagement Document.
Deliverables and Ownership
- You own the deliverables. Upon full payment, MaxQ assigns to you the deliverables created specifically for you under an engagement.
- We keep our tools. MaxQ retains ownership of pre-existing materials, frameworks, methods, templates, software, and general know-how, including improvements to them made during an engagement. To the extent any of these are embedded in a deliverable, you get a perpetual, non-exclusive license to use them as part of that deliverable.
- Portfolio use: We will only identify you as a client, or show work we did for you, with your prior written consent.
Your Side of the Engagement
- You are responsible for the accuracy of materials and information you provide, and you represent that providing them to us does not violate any law or third-party right.
- Timelines assume timely feedback and approvals from you. Delays on your side may shift the schedule.
No Guaranteed Outcomes
We bring judgment, craft, and experience. We do not guarantee business results: revenue, funding, search rankings, conversion rates, or any other outcome. Recommendations and deliverables are professional work product, not professional advice (legal, financial, or otherwise), and decisions you make based on them are yours.
12. Outreach and Communications Products
Some MaxQ products help you research prospects, draft communications, or send messages to your audience. For those products:
- You are the sender. Messages are sent from your accounts, under your name, after your approval. You are the sender of record for every message you approve or send.
- Compliance at send time is yours. You agree to use these features in compliance with applicable communications and marketing laws (including CAN-SPAM, the TCPA, CASL, and their equivalents), to honor unsubscribe and do-not-contact requests promptly, and to contact only people you may lawfully contact.
- Your lists: Contact information you provide or approve for use must be lawfully obtained, and you must have the right to use it for outreach.
- We can decline: We may refuse, pause, or suspend drafting or sending that we reasonably believe violates law, these Terms, or basic decency.
- No result promises: We do not guarantee deliverability, open rates, replies, meetings, or revenue.
13. Third-Party Services and Integrations
Third-Party Services
The Services may integrate with, link to, or rely on third-party services, including payment processors, analytics providers, hosting and infrastructure providers, and AI model providers. The specific providers we use are listed in our Privacy Policy.
MaxQ is not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is governed by their respective terms of service and privacy policies.
Customer-Configured Integrations
Some MaxQ products allow you to connect third-party services of your choosing. When you do:
- You are responsible for authorizing and managing those connections.
- Data shared with third-party services through your integrations is subject to those services’ terms and privacy policies.
- MaxQ is not liable for how third-party services handle your data once it leaves our platform.
14. Service Availability and Changes
Availability
MaxQ strives to keep the Services available and reliable, but we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:
- Scheduled maintenance (we will provide reasonable notice when possible).
- Unscheduled maintenance or emergency repairs.
- Factors beyond our control (internet outages, hosting provider issues, natural events, etc.).
Product Changes
MaxQ is always improving. We may:
- Add, modify, or remove features.
- Change the design, functionality, or scope of any product.
- Discontinue a product or service with reasonable notice.
We will make reasonable efforts to notify you of material changes. For changes that significantly reduce the functionality of a paid product, we will provide notice and, where appropriate, offer options such as plan adjustments or pro-rated credits.
15. Security
MaxQ implements reasonable administrative, technical, and physical safeguards to protect the Services and your data. However, no system is perfectly secure.
- We use encryption in transit and at rest where appropriate.
- We regularly review and update our security practices.
- We promptly investigate and respond to security incidents.
You also play a role in security:
- Use strong, unique passwords.
- Enable multi-factor authentication if available.
- Report any suspected vulnerabilities or incidents to hello@gomaxq.com.
16. Confidentiality
Where MaxQ and a customer exchange confidential information in the course of using the Services or during a business relationship:
- Each party agrees to treat the other’s confidential information with reasonable care and to use it only for the purpose of the business relationship.
- Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from a third party without restriction.
- This section does not replace or override any confidentiality terms in a separate written agreement between MaxQ and a customer.
17. Feedback
If you provide MaxQ with feedback, suggestions, ideas, or recommendations about the Services (“Feedback”):
- You grant MaxQ a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate that Feedback into the Services or any other MaxQ product without obligation to you.
- Providing Feedback is voluntary. You are not required to share ideas with us.
- MaxQ is not obligated to act on any Feedback.
18. DMCA and Copyright Concerns
MaxQ respects intellectual property rights. If you believe that content on or accessible through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:
MaxQ, LLC
Email: hello@gomaxq.com
Subject line: DMCA Notice
Your notice should include:
- A description of the copyrighted work you believe is infringed.
- A description of where the allegedly infringing material is located within the Services.
- Your contact information (name, address, phone number, email).
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
- Your physical or electronic signature.
MaxQ will review valid DMCA notices and take appropriate action, which may include removing or disabling access to the allegedly infringing content. We may terminate the accounts of repeat infringers.
19. Termination and Suspension
By You
You may stop using the Services at any time. To close your account, contact us at hello@gomaxq.com or use your account settings (where available).
By MaxQ
MaxQ may suspend or terminate your access to the Services, in whole or in part, if:
- You violate these Terms.
- Your use of the Services poses a security risk or could harm other users.
- Your account has been inactive for an extended period (we will attempt to notify you first).
- We are required to do so by law.
- We discontinue the Services (with reasonable notice).
Effect of Termination
Upon termination:
- Your license to use the Services ends immediately.
- You remain responsible for any outstanding fees.
- We may delete your account data after a reasonable period, subject to our data retention practices and legal obligations.
- Sections of these Terms that by their nature should survive termination will continue to apply (including, but not limited to, Sections 8, 9, 10, 17, 20, 21, 22, 23, 24, and 25).
20. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory.
MaxQ disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Warranties that the Services will be uninterrupted, error-free, or completely secure.
- Warranties regarding the accuracy or reliability of any content, data, or output provided through the Services, including AI-generated content.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law.
21. Limitation of Liability
To the fullest extent permitted by law, MaxQ and its officers, directors, employees, partners, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services.
MaxQ’s total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid to MaxQ in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if MaxQ has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. In jurisdictions that do not allow limitations on certain types of liability, MaxQ’s liability is limited to the minimum extent permitted by law.
22. Indemnification
You agree to indemnify, defend, and hold harmless MaxQ and its officers, directors, employees, partners, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of any law or third-party right.
- Customer Content you submit through the Services.
- Communications you approve or send using the Services, including any violation of anti-spam or telemarketing laws.
MaxQ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
23. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict-of-law principles.
Subject to Section 24 (Dispute Resolution and Arbitration), any claim that proceeds in court rather than arbitration must be brought exclusively in the state or federal courts located in Indiana, and both parties consent to personal jurisdiction and venue in those courts.
24. Dispute Resolution and Arbitration
Informal Resolution First
Before initiating any formal dispute resolution, you agree to contact MaxQ at hello@gomaxq.com and attempt to resolve the dispute informally for at least thirty (30) days. This is a condition of starting arbitration: the notice must include your name, a description of the dispute, and the resolution you are seeking.
Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable).
- The arbitration will take place in Indiana, unless the parties agree otherwise or the arbitrator determines a different location is appropriate. Where the rules allow, either party may elect to proceed by video, phone, or written submissions.
- The arbitrator’s decision will be final and binding and may be enforced in any court of competent jurisdiction.
- MaxQ will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator determines the claim is frivolous. For claims above $10,000, the parties will share costs as determined by the AAA rules.
Class-Action Waiver
You and MaxQ agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, both parties waive any right to a class action.
If the class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remainder of this section continues to apply to all other claims.
Coordinated Filings
If twenty-five (25) or more arbitration demands raising similar claims are filed against MaxQ by the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules will apply, and the parties agree to a staged process: a first batch of up to ten (10) cases proceeds while the remaining demands are held in abeyance (with filing fees deferred for held cases), and the parties will use the results of the first batch to attempt in good faith to resolve the remaining cases before further batches proceed. A court may enforce this subsection, and the statute of limitations is tolled for held cases.
Jury-Trial Waiver
To the fullest extent permitted by law, you and MaxQ waive the right to a jury trial for any dispute arising out of or related to these Terms or the Services.
Small Claims Court Exception
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court’s jurisdictional limits.
Opt-Out Period
You have the right to opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@gomaxq.com with the subject line “Arbitration Opt-Out.” If you opt out, you may pursue claims in court, but the class-action waiver and jury-trial waiver still apply to the extent permitted by law.
Changes to This Section
If we materially change this Dispute Resolution section, the change will not apply to disputes that arose before the change took effect, and we will give you notice and at least 30 days to reject the change by emailing us, in which case the prior version continues to apply to you.
25. General Terms
- Entire agreement: These Terms, together with the Privacy Policy and any Engagement Documents or product-specific terms, are the entire agreement between you and MaxQ about the Services, and they supersede any prior discussions or understandings.
- Severability: If any provision of these Terms is found unenforceable, that provision is modified to the minimum extent necessary (or severed if it cannot be saved), and the rest of the Terms remain in full effect.
- No waiver: If we do not enforce a provision right away, we are not giving up the right to enforce it later.
- Assignment: You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Notices: We may give you notice by email to the address on your account or by posting within the Services. Legal notices to MaxQ go to hello@gomaxq.com.
- Electronic communications: You consent to receive communications from us electronically, and electronic communications satisfy any legal requirement that a communication be in writing.
- No third-party beneficiaries: These Terms are between you and MaxQ. They do not give anyone else the right to enforce them.
- Force majeure: Neither party is liable for delay or failure to perform caused by events beyond its reasonable control (natural disasters, war, terrorism, labor disputes, internet or utility failures, governmental action), except for your payment obligations.
- Export and sanctions: You may not use the Services in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed country or on any U.S. government restricted-party list.
- Time to bring claims: To the fullest extent permitted by law, any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the claim arose; otherwise it is permanently barred.
26. Changes to These Terms
MaxQ may update these Terms from time to time. When we do:
- We will update the “Effective Date” and “Last Updated” date at the top of this page.
- For material changes, we will provide notice through the Services, by email, or by other reasonable means at least 30 days before the changes take effect where practicable.
- Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
- If you do not agree to the updated Terms, you should stop using the Services.
We encourage you to review these Terms periodically.
27. Contact Information
If you have questions about these Terms, contact us:
MaxQ, LLC
Email: hello@gomaxq.com
Website: gomaxq.com