Terms of Service

1. Introduction

These terms constitute a legal agreement between you and Maxxing ("we," "us," or "our"). Your use of maxxing.ai (the "Site") and the services made available on the Site (the "Services") is subject to these Terms of Service (these "Terms"). By using the Site and any of our Services, you:

Acknowledge that you have read and understood these Terms
Agree to be bound by these Terms
Agree to our Privacy Policy
Commit to comply with all applicable laws and regulations

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

We may revise these Terms at any time by posting updated terms on the Site or providing you with notice. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

2. Definitions

"Customer Data" means any content, code, text, images, files, or other data that you input, upload, submit, host, or generate through the Services, including applications you create using the Platform.
"Platform" means our software platform, accessible through the Site, that lets you create applications and websites by interacting with artificial intelligence.
"Services" means the Platform and all related features, tools, modules, integrations, and support services we make available to you under these Terms.
"Site" means maxxing.ai and any associated domains or subdomains we control.
"Usage Data" means telemetry, logs, performance data, usage metrics, and other technical data generated by or in connection with your use of the Services.

3. License to Use Our Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, as permitted by your subscription plan. This license does not give you any ownership interest in the Services, and all rights not expressly granted are reserved by us. This license terminates immediately if you violate these Terms or your account is terminated for any reason.

4. License Restrictions

You agree not to, and not to allow others to:

Copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Services except as expressly permitted
Resell, provide, or make the Services available to any third party on a service bureau or time-sharing basis
Share your account credentials or allow unauthorized access to your account
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code
Bypass or disable any security, usage, or access controls
Use automated tools (such as bots, scrapers, or crawlers) without our written permission
Upload, transmit, or distribute any malicious code, viruses, or harmful content
Overload, disrupt, or interfere with the normal operation of the Services
Use the Services to harass, defame, impersonate, or otherwise harm others
Use the Services in violation of applicable laws, regulations, export controls, or sanctions
Use the Services to generate or disseminate harmful, misleading, unlawful, or infringing content

5. Billing & Payments

You can use the Platform under a free or paid plan, as described on the Site. Paid plans are billed in advance on a monthly or annual basis and renew automatically unless you cancel before the renewal date in your account settings.

Plan limits (for example, seats, features, or usage thresholds) are described on the Site and may change from time to time. Except where required by law, subscription fees are non-refundable.

Fees are exclusive of taxes. You're responsible for any taxes, duties, or government charges that apply, other than taxes based on our income.

6. AI Use Disclaimer

The Services may use artificial intelligence models to generate code, content, or other outputs ("AI Output"). AI Output may contain errors, inaccuracies, or other issues and should not be relied upon without independent review and testing.

You are solely responsible for reviewing, validating, and using any AI Output. You assume full responsibility for your use of AI Output and agree not to rely on it for critical or high-risk functions (including medical, legal, financial, or safety-related purposes) without appropriate safeguards. We do not guarantee that AI Output will be unique, free of third-party rights, accurate, or suitable for any particular purpose.

7. Customer Data and Privacy

No Sensitive Data

You agree not to upload, input, or otherwise provide any protected health information under HIPAA, or any other sensitive categories of data (such as financial account numbers, government identifiers, or biometric data). Our Services are not designed to handle that type of data.

Rights in Customer Data

As between us, you own your Customer Data, including the applications, websites, or other projects you build using the Services. You also own any AI Output generated for you through the Services, subject to any third-party rights in the underlying models, training data, or outputs.

8. Ownership

Our Rights

We (and our licensors) own all rights, title, and interest in and to the Services. This includes the Platform, Site, all underlying software, infrastructure, technology, databases, APIs, models, algorithms, interfaces, and tools. Except for the limited license we grant you under these Terms, we reserve all rights in and to the Services.

Usage Data

We own all Usage Data generated by or in connection with your use of the Services. We may use Usage Data for any business purpose, including monitoring, analytics, benchmarking, improving the Services, and developing new features or offerings.

9. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE AND OUR LICENSORS AND PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES OR ANY RESULTS YOU MAY OBTAIN. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT AI OUTPUT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INTENDED USE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS, PROVIDERS, AFFILIATES, AND OFFICERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL. IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to: your misuse of the Services; your failure to comply with applicable laws or regulations; any content or Customer Data you provide, including claims of infringement, misappropriation, or violation of third-party rights.

12. Term and Termination

These Terms begin when you first accept them or start using the Services and continue until terminated.

You may terminate your account and stop using the Services at any time through your account settings.

We may terminate your account or access to the Services for convenience by providing you with advance notice, or immediately if we reasonably believe you have violated these Terms.

Upon termination, your right to access the Services ends immediately. You remain responsible for all fees and charges incurred up to the date of termination.

13. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to them, the Services, or your use of the Services will be governed by and construed under the laws of the State of Delaware, without regard to its conflict of law principles.

You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over all disputes and claims arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts.

14. Eligibility

You may use the Services only if you are at least eighteen (18) years old or the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a company or other entity, you further represent that you have authority to bind that entity to these Terms.

15. Miscellaneous

Entire Agreement

These Terms are the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings relating to the Services.

Assignment

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign, delegate, or transfer these Terms, in whole or in part, without restriction.

Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Contact Information

If you have questions about these Terms, please contact us:

Email: [email protected]