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: All payments are processed securely through Stripe. MaxQ does not directly store your full payment card information. Stripe’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
- Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
- We will notify you before any price changes take effect on renewal.
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.
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 15 (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. Third-Party Services and Integrations
Third-Party Services
The Services may integrate with, link to, or rely on third-party services. These include but are not limited to:
- Stripe for payment processing.
- Google Analytics and PostHog for usage analytics.
- Other integrations that vary by product and customer configuration.
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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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, 18, 19, 20, 21, and 22).
18. 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.
19. 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.
Some jurisdictions do not allow limitations on certain types of liability. In those jurisdictions, MaxQ’s liability is limited to the minimum extent permitted by law.
20. 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.
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.
21. 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.
22. 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.
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.
- 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.
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.
23. 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.
- 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.
24. Contact Information
If you have questions about these Terms, contact us:
MaxQ, LLC
Email: hello@gomaxq.com
Website: gomaxq.com