1. Acceptance of Terms
This document constitutes an agreement (“Agreement”) between Maximiz.ai, the proprietor and operator of the website www.maximiz.ai, including its applications, software, mobile applications, components, and any associated services (collectively referred to as the “Services”), and you (“User”). By accessing or using the Services, you (“you,” “your”) agree to comply with and be bound by these terms and conditions of use (“Terms of Use”). Your adherence to these Terms of Use is a prerequisite for your utilization of the Services. For information regarding our privacy practices, please refer to our Privacy Policy available at https://www.maximiz.ai/privacy-policy/.
Maximiz.ai offers services to proprietors of third-party websites (“Third Party Sites”) that identify email addresses and other contact information of anonymous visitors to these Third Party Sites. These Terms of Use govern both general visitors to our website (“Site”) and the owners of Third Party Sites (“Site Owners”) who purchase or otherwise utilize our services. The term “you” encompasses both general visitors to our Site and Site Owners. By clicking “I agree” when subscribing, accessing, or using our services, you consent to be bound by this Agreement and our Privacy Policy. We reserve the right to amend this Agreement or the Privacy Policy and will notify you of any such changes. If you do not agree to be bound by these Terms of Use, you must immediately discontinue the use of our services.
2. Ownership of the Site
All pages within this Site (including the Services) and any material made available for download, are the property of Maximiz.ai, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
In accordance with this Agreement, access to our Services may be provided to you following registration and payment, as applicable. Our Services are offered as a licensed subscription (“Subscription”), and such Subscription does not confer any ownership rights to you. Where you download any feature of our Services, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use a single copy. You acknowledge that the structure, organization, and code of our Services, any hosted services, and all related software components are proprietary to Maximiz.ai and/or its licensors. Maximiz.ai and/or its licensors retain exclusive ownership of our Services, including all documentation, information, and intellectual property rights related to our Services, encompassing all modifications, copies, enhancements, derivatives, and other software and materials developed by Maximiz.ai.
You are prohibited from removing any proprietary, copyright, trademark, or service mark legend from any feature of our Services, including any modifications, enhancements, derivatives, and other software and materials developed by Maximiz.ai. All rights not expressly granted in this Agreement are reserved by us. You may only access our Services as authorized by us. Please note that we are not responsible for any User Content (as defined below) encountered on our Services. All features of our Services are provided on an “as is” basis, and Maximiz.ai makes no representations or warranties regarding any feature of our Services. Maximiz.ai reserves the right to modify, change, and/or discontinue any features of our Services at any time and may remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates Maximiz.ai to make any previously available feature of our Services available to the Subscriber or to offer any types of compatibility or versioning.
3. Account Access, Registration and Restrictions
Users are granted access to our Services subject to our discretion. Where applicable, Users must complete the registration process to access certain features of our Services. During registration, personal information will be collected and processed in accordance with our Privacy Policy. Users are required to provide accurate, current, and truthful information during registration and must be at least 18 years old to create an account. We reserve the right to verify the credentials of all Users and to deny access to any User at our discretion. Additionally, we may request further information or conduct a background check before activating an account.
We reserve the right, at our discretion, to deny or restrict your account. You are solely responsible for maintaining the confidentiality of your account login ID and password, and for all activities that occur under your account. You agree to promptly notify Maximiz.ai of any unauthorized use of your account or any other security breach. Maximiz.ai will not be liable for any losses incurred due to the use of your account credentials by others, with or without your knowledge. Each User is entitled to only one account and may not share accounts with third parties. If you are creating an account on behalf of an organization, you confirm that you have the authority to bind the organization, and the organization will be responsible for each authorized user’s use of our Services.
4. User Responsibilities
User hereby represents, warrants, and covenants that:
User agrees to indemnify and hold Maximiz.ai harmless from any breach of the provisions of this section. In the event of a violation of this Agreement, we reserve the right to disclose User’s information to law enforcement authorities to assist with any investigation at our discretion.
Where required, User shall conspicuously post a privacy policy (in compliance with the laws of User’s local jurisdiction) prior to collecting any information and shall inform its Customers (as defined below) of how such personal information may be shared with third parties, providing Customers with the option to opt-out where applicable. Additionally, where mandated by local applicable law, User shall ensure that its Customers have opted in to receive communications from User and shall furnish evidence of such opt-ins upon request by Maximiz.ai.
5. Permitted Uses
Each Site Owner is authorized to use the Maximiz.ai Services to obtain email addresses of unidentified visitors to the Owners’ sites. Site Owner shall utilize the Services in strict compliance with all applicable laws and Data & Marketing Association (DMA) guidelines. Site Owner shall not use or permit the Services to be used:
Maximiz.ai reserves the right to suspend the Services (or any feature thereof) without notice if the Site Owner’s use of the Services is in violation of this section. Repeated violations of this section may result in the termination of the Agreement.
Site Owner is permitted to place code (a “Pixel Tag”) on Site Owner’s Third-Party Site to collect relevant information about visitors to the site (“Visitors”), aiding Site Owner in reaching its customers and intended audiences. Maximiz.ai hereby grants Site Owner a nontransferable, non-exclusive license to the data obtained through the use of Maximiz.ai Services (“Licensed Data”). Site Owner shall utilize the Licensed Data solely for marketing and management purposes and shall not transfer possession, rights, or title of such data to any third parties for any other purpose.
Site Owner shall maintain a privacy policy on its Site(s), mobile applications, or other digital platforms or assets, which complies with all applicable laws. This policy must specifically inform Visitors about the placement of Pixel Tags, the data collected through these Pixel Tags, and the intended use of the collected data.
In jurisdictions requiring informed consent for storing and accessing cookies or other information on an end user’s device (such as the European Union), Site Owner must ensure, in a verifiable manner, that end users provide the necessary consent before using Pixel Tags to enable the storage and access of cookies or other information on the end user’s device.
Site Owner shall provide Visitors with a link to the privacy policy and the opportunity to “opt out” or disable Pixel Tags. Pixel Tags shall only be posted on Sites owned by Site Owner and shall not be deployed on any website primarily engaged in pornography, gambling, or the sale of tobacco products.
The Site Owner represents and warrants that it has implemented and will undertake the following actions in connection with this Agreement:
1. Notice and Choice:
2. Mandatory Privacy Policy Language:
6. Prohibited Uses
Maximiz.ai and any related Services shall not be used to send Emails in violation of the laws of the United States of America, including but not limited to the following:
7. Requirements of Use
It is important to ensure that any emails sent to contacts acquired via Maximiz.ai include clear information on how recipients can unsubscribe from future emails. This typically involves providing an unsubscribe option and a link that allows recipients to easily indicate that they no longer wish to receive such emails (an "Opt Out Request").
It is essential to have a reliable procedure in place to promptly process and implement Opt Out Requests. This means ensuring that recipients who opt out are promptly removed from email lists and no longer receive commercial emails.
Additionally, it is crucial to comply with all applicable federal and state laws related to email communications, including but not limited to the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,).
8. Personal Information
You are responsible for the handling of personal information which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using our Services, you will ensure that any retention and use of such personal information is compliant with all applicable laws and regulations.
Maximiz.ai will not keep any personal information after the emails have been sent, unless it’s necessary for compliance with laws or regulations. If you provide personal information in violation of any agreement or law, you agree to indemnify and protect us from any claims or costs that arise from this violation.
9. User Communications
When using our Services or when using information derived from our Services to send communications, you agree to abide by all relevant laws including but not limited to Telephone Consumer Protection Act 47 USC § 227 (“TCPA”) and the Controlling the Assault of Non-Solicited Pornography and Marketing of 2003 (“Can-Spam”).
To be compliant with Can-Spam and TCPA you agree to do the following: (i) Maintain and honor opt-out requests from users and remove users who do not wish to receive further communications; (ii) collect opt ins and consents where required; and (iii) address any complaints related to TCPA or Can-Spam promptly. Where we believe that you are non-compliant, we may suspend services. You shall fully indemnify Maximiz.ai for any claims related to TCPA and CAN-SPAM violations.
10. User’s Customers
Users are solely responsible for any interactions with customers that they have received consumer information from through our services. Users agree to hold Maximiz.ai free from responsibility for any liability or damage that may arise from their access to or interactions with any customers. Maximiz.ai is not accountable for the conduct of any customer, whether online or offline, and will not be liable for any claims, injuries, or damages related to encounters with any other party on our services, including customers. Users are solely responsible for any opinions, advice, or information communicated to customers. Any agreements made between users and any party, including customers, are solely between the parties, and Maximiz.ai is not a party to such agreements. Users are required to indemnify and hold Maximiz.ai harmless from any claims related to customers in accordance with the agreement. Users are solely responsible for resolving any issues with customers.
11. User Content
If you submit or upload any content to our Site, such as post or send any Emails, comments, ideas, suggestions, information, files, videos, images or other materials, you agree not to share any User Content that is (1) defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) transmits harmful components such as viruses.
You agree not to contact other Site users through unsolicited methods of communication, such as e-mail, telephone calls or mailings. You must ensure you have the legal right and authorization to provide any User Content to Maximiz.ai for the purposes outlined in the agreement. By providing User Content, users grant Maximiz.ai a royalty-free, irrevocable license to use the content in various ways, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world. Maximiz.ai is not obligated to maintain User Content in confidence, provide compensation for User Content, or respond to User Content. Users should carefully review and understand the terms and conditions regarding User Content provided to Maximiz.ai.
Maximiz.ai does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant Maximiz.ai the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and shall remain solely responsible for the content of any User Content you make. Users are solely responsible for the content they create and submit, and Maximiz.ai and its affiliates are not liable for any User Content submitted by users or third parties.
Users should understand their responsibilities and potential liabilities related to the content they post and be prepared to defend, indemnify, and hold Maximiz.ai harmless in accordance with the terms of use.
12. Electronic Communications
You agree to receive electronically all communications, documents, notices and disclosures (collectively, “Communications”) that Maximiz.ai provides (by email, posting on Maximiz.ai or otherwise) in connection with the Site and Services. Users should ensure that their primary email address is kept up to date to receive important notifications and updates from Maximiz.ai. It is also your responsibility to periodically check the Maximiz.ai website for updates and notifications. Additionally, users should be aware that agreements with Maximiz.ai can be entered into and signed electronically in accordance with applicable laws.
13. Use of our Services
When using our Services , you are responsible for your actions. It is prohibited to violate the security of the site, including, but not limited to, accessing data not intended for you, logging onto unauthorized servers or accounts, probing system or network vulnerabilities, or using the site without proper authorization. Violating these terms may result in consequences as per the applicable law.
You are not permitted to use the services to develop a similar or competitive product, engage in unlawful activities that violate jurisdictional laws, or impose an unreasonable load on our infrastructure. Additionally, using automated means such as scrapers, crawlers, spiders, or robots to access or copy data, deep-link to features, or bypass security measures is strictly prohibited. Compliance with these terms is essential to maintain the integrity and functionality of the platform.
Any violations of system or network security may lead to civil or criminal liability. Maximiz.ai reserves the right to investigate any such occurrences and collaborate with law enforcement authorities to prosecute individuals involved in such violations. By using the site, you agree not to use any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the site or any activities taking place on the site.
Engaging in any of the prohibited actions mentioned may result in the termination or suspension of your privileges to use our Services. If your actions are deemed harmful to the platform or a third party, we reserve the right to suspend or terminate your access and may pursue legal remedies as per the law. While we typically provide an explanation for any suspension or termination, please note that Maximiz.ai retains the discretion to suspend or terminate accounts without prior notice if necessary.
When accessing protected areas of the site that require a user ID and password, it is crucial to use only the credentials provided by Maximiz.ai. Safeguarding the confidentiality of your user ID and password is essential, and you must not share or disclose this information to any third party. You are accountable for all activities conducted under your user ID, and Maximiz.ai reserves the right to revoke your access to the site at any time, with or without cause. By agreeing to these terms, you commit to defending, indemnifying, and holding Maximiz.ai harmless from any third-party claims, damages, or expenses resulting from your breach of the Terms of Use, violation of applicable laws, or unauthorized access to the site using your user ID and password.
14. Accuracy and Integrity of Information
All content provided by Maximiz.ai on our Services is intended for general information and educational purposes only. The content is offered "as-is" and without any warranty. While Maximiz.ai strives to maintain the integrity and accuracy of the site, it does not guarantee the correctness or accuracy of the content. Your use of our services is at your own risk. There may be typographical errors, inaccuracies, or unauthorized alterations made by third parties on the site. If you come across any inaccuracies, please inform Maximiz.ai for correction. Maximiz.ai reserves the right to unilaterally correct any inaccuracies without prior notice. Information on the site may be subject to change or updates without notice. Maximiz.ai is not liable for any information or content posted by non-affiliated third parties on the site.
15. Results Generated
Maximiz.ai is not responsible for any information or results generated via our Services. Users should be aware that they are solely responsible for the information they provide and the results generated from using such services. Users use our Services at their own risk and hold the service provider free from any liability or damage that may arise from their use of the Services or results generated. Users should be aware that there are no guarantees of specific results, endorsements, or recommendations associated with the use of our Services.
16. Equipment and Connections
Users may be required to purchase equipment, such as a computer or other device, to access our Services. It is the user's responsibility to acquire and properly connect such Equipment for accessing our Services. Some features of our Services may involve real-time notifications through internet or telecommunications systems (“Connection(s)"), and users are solely responsible for purchasing and maintaining such Connections. Standard data, calling, and message rates may apply, and users should consult their Connection provider for a comprehensive list of fees and charges. Maximiz.ai will not be held liable for any failures or issues related to the Connections or equipment used by users to interact with our Services.
17. User Account Suspension
Maximiz.ai reserves the right to freeze or suspend (“Suspend”) a User’s account. Reasons for imposing a Suspend on a User’s account may include, but are not limited to, the following:
If a User has questions about a Suspend placed on their account or needs information on how to resolve the Suspend, they should contact us. Additionally, we may restrict the User’s access to all our Services while the Suspend is in effect.
18. Availability of our Services
While we endeavor to maintain the general availability of our Services, we do not warrant or guarantee 100% uptime. Specifically, we make no guarantees regarding the uptime or specific availability of our Services. By using our Services, you acknowledge and agree that they may not always be fully reliable or available. Access to our Services is restricted to eligible users, and we reserve the right to refuse service or terminate access at our discretion. Furthermore, we do not warrant that any aspect of our Services will meet your functionality requirements or achieve your desired results.
19. Services Issues
If you have any queries or issues, regarding accessing or using our Services, please contact us through the Support portal.
20. Modification of Our Services
We reserve the right, at our sole discretion, to alter, modify, update, or remove our Services or any features thereof at any time. We may discontinue previously offered features or functionality without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any feature or component of our Services. Additionally, we reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by our Services without notice to you.
21. Third Party Content and Websites Disclaimer
Maximiz.ai does not endorse or warrant any Third-Party Content, including but not limited to materials, results, information, or other data provided by third parties (collectively, “Third-Party Content”). We do not assume responsibility for any Third-Party Content encountered through our Services or otherwise. Your use or access of any Third-Party Content is at your own risk. We recommend that you independently evaluate Third-Party Content and not solely rely on it for making decisions. For more information regarding any Third-Party Content, please contact the owner of such content. Maximiz.ai assumes no liability for inaccuracies or misstatements made by third parties responsible for such Third-Party Content.
Through the use of our Services, users may connect to third-party software or websites (“Third-Party Websites”). Maximiz.ai does not warrant, endorse, or assume any responsibility for any Third-Party Websites made available through our Services. Users access and use any Third-Party Websites at their own risk.
All Third-Party Websites are operated by independent third parties, who are solely responsible for any claims, offerings, or content provided through such websites. Users are advised to take necessary precautions to ensure that any materials they choose to use or download are free from viruses, worms, Trojan horses, and other harmful components.
Should users decide to access any Third-Party Websites linked through our Services, they do so entirely at their own risk. Any issues related to the transmission, processing, or storage of user content by Third-Party Websites must be resolved directly between the user and the respective third-party entity.
Maximiz.ai disclaims any liability for connectivity issues or disruptions related to Third-Party Websites and our Services. Users’ access to Third-Party Websites is governed by the terms and conditions of the respective third-party owners. By using our Services, users agree not to violate any terms or conditions of such Third-Party Websites.
22. Idea Submission Policy
Maximiz.ai and its employees do not accept or consider unsolicited ideas, including but not limited to ideas related to processes, technologies, product enhancements, or product names. Please refrain from submitting any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) to Maximiz.ai in any form. This policy aims to prevent potential misunderstandings or disputes when Maximiz.ai’s products or services might appear similar to ideas submitted to Maximiz.ai.
Any Submissions, whether solicited or unsolicited, will be treated as follows:
23. Disclaimer of Warranties
Maximiz.ai does not guarantee that access to or use of the site, including its services, will be uninterrupted or error-free, nor that any defects will be corrected. This site, along with any content or information contained within it or any site-related service, is provided on an “as is,” “as available,” and “with all faults” basis. Maximiz.ai makes no representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Furthermore, Maximiz.ai does not warrant the accuracy, completeness, or timeliness of the information obtained through the site, including its services.
By accessing and using this website, its related services, and any linked websites, you acknowledge and accept full responsibility and risk. Maximiz.ai makes no representations or warranties that any files available for download from this site are free from viruses, worms, Trojan horses, or other harmful code. You are solely responsible for implementing adequate procedures and checkpoints to satisfy your particular requirements for data backup and security.
24. Limitation of Liability
Under no circumstances shall Maximiz.ai, including its officers, directors, employees, affiliates, or agents, be held liable for any indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, damages arising from warranty, contract, tort (including negligence), or any other legal theory, regardless of whether Maximiz.ai has been informed of the possibility of such damages. This limitation of liability shall be enforced to the maximum extent permitted by applicable law.
Certain jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. Additionally, you may have other legal rights that vary by jurisdiction.
In jurisdictions where liability cannot be excluded, Maximiz.ai does not disclaim liability for: (1) death or personal injury caused by the negligence of Maximiz.ai or its officers, employees, or agents; (2) fraudulent misrepresentation; or (3) any liability that cannot be lawfully excluded now or in the future.
Where a complete disclaimer of liability is not permitted, you agree that Maximiz.ai’s total liability to you shall not exceed the greater of the amounts you have paid to use our services in the past six months or one hundred United States dollars (USD 100).
25. Indemnification and Defence Clause
You hereby agree to defend, indemnify, and hold harmless Maximiz.ai, including its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorney’s fees) arising from:
This defence and indemnification obligation shall survive the termination of this Agreement and your use of the Maximiz.ai Services. You further agree to defend us against such claims and acknowledge that we may require you to cover the costs of an attorney(s) of our choosing in such cases. This indemnity extends to include the payment of our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim as described herein, we reserve the right to settle with the party or parties making the claim, and you shall be liable for the damages as if the matter had proceeded to trial.
26. Terms of Use Revisions
Maximiz.ai reserves the right, at its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Should any provision of these Terms of Use be deemed unenforceable by a court or other tribunal of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
These Terms of Use constitute the entire agreement between Maximiz.ai and you regarding the subject matter herein. Maximiz.ai may, at its sole discretion, periodically revise these Terms of Use by updating this posting. Upon amending this Agreement, we will update this page and indicate the date of the last modification, or we may notify you via email. Therefore, you should periodically visit this page to review the current Terms of Use and stay informed of any revisions to which you are bound.
Your continued use of the Site following any revisions to these Terms of Use shall constitute your acceptance of the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on specific pages within this Site. If you do not agree to the amendments, you must immediately cease using our Services and delete your account via the Account dashboard.
27. Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Services, please send us a notification containing the following information:
Please sign this notification and submit it via our ‘Contact Us’ form.
Counter Notice
If you receive a notification from Maximiz.ai indicating that content you posted has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must include the following information:
Please note that we may not take any action regarding your counter-notice unless it strictly complies with the above requirements. Submit this counter-notice via our ‘Contact Us’ form.
28. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California. The offer and acceptance of this contract are deemed to have occurred in California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is expressly excluded.
29. Disputes
This Agreement, and any dispute arising out of or in connection with this Agreement (hereinafter referred to as a (“Dispute”), shall be resolved through arbitration as specified herein.
Binding Arbitration
The parties agree that any Dispute related to the use of our Services shall be submitted to confidential, binding arbitration. In the event of a disagreement regarding the enforceability or applicability of this arbitration provision to the Dispute, the arbitrator shall have the authority to resolve such issues. Notwithstanding the foregoing, any claims challenging the enforceability, conscionability, or validity of the Class Action Waiver, in whole or in part, shall be adjudicated exclusively by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement shall be governed by the Federal Arbitration Act, which oversees the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their Streamlined Arbitration Rules (the “Rules”) currently in effect, found at https://www.jamsadr.com/. The arbitration shall be conducted by a single arbitrator selected pursuant to the Rules. The arbitrator’s award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall take place in Los Angeles, California.
Each party shall bear its own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be consolidated with any other arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of our Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. If the law does not permit the aforementioned dispute to be resolved through arbitration, any actions shall be brought exclusively in a court of competent jurisdiction located in Los Angeles, California.
You have the right to opt out of binding arbitration within thirty (30) days from the date you first accepted this Agreement. To exercise this right, you must notify us via our ‘Contact Us’ form. The opt-out notice must include your full name, any relevant account information, and a clear statement of your intent to opt out of binding arbitration.
If you opt out of binding arbitration, all Disputes shall be resolved exclusively in a court of competent jurisdiction located in Los Angeles, California.
30. Class Action Waiver
You and Maximiz.ai agree that any proceedings to resolve or litigate any dispute, whether in a court of law or through arbitration, shall be conducted solely on an individual basis. You agree not to seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
31. Severability
If any provision of this Agreement is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the remainder of the Agreement shall continue in full force and effect as if the unenforceable provision had never been included.
In the event of any conflict between two or more provisions of this Agreement or any other agreement you have with Maximiz.ai, we shall have the exclusive authority to determine which provision shall prevail and remain in effect.
32. Non-Waiver
We retain all rights granted to us under this Agreement and applicable law. The failure to enforce any specific provision of this Agreement or applicable law shall not be interpreted as a waiver of our right to enforce the same provision under identical or different circumstances in the future.
33. Assignment and Survival
You are prohibited from assigning your rights and/or obligations under this Agreement to any third party without our prior written consent. Conversely, we reserve the right to assign our rights and/or obligations under this Agreement to any third party at our discretion. All provisions of this Agreement that are reasonably expected to survive termination shall continue to be in effect post-termination, including but not limited to the sections on Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration.
34. Entire Agreement and Notices
This Agreement, together with the Privacy Policy, constitutes the entire and exclusive agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous agreements, whether written or oral, related to its subject matter. In the event of any direct and express conflict between this Agreement and the Privacy Policy, the terms of this Agreement shall prevail. Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if made in writing and signed by a duly authorized representative of each party. All notices required under this Agreement shall be delivered to 1999 Avenue of the Stars, Los Angeles, CA 90067, with delivery confirmation required. Notices to the User shall be delivered either electronically via email or to the User’s account within our Services.
35. Termination of Agreement
We reserve the right to terminate this Agreement under the following circumstances: (1) if you violate any applicable laws while using our Services; (2) if you breach any provisions of this Agreement or any of our Service policies; or (3) if we determine, at our discretion, that your current or future actions may legally harm Maximiz.ai, our business interests, or a third party. In the event of account termination, we will endeavor to provide you with a timely explanation; however, we are not obligated to do so. Please note that upon termination of your account, access to all or certain features of our Services may be immediately disabled, and any User Content stored on our Services may become inaccessible or deleted. We shall have no liability to you for retaining any of your User Content.
36. Payments for Subscriptions
Any User purchasing a Subscription (hereinafter referred to as a “Subscriber”) agrees to pay all costs, fees, and taxes specified at the time of purchasing any Subscription to our Services or for any additional purchases. The Subscriber authorizes Maximiz.ai or its third-party payment providers to charge the payment method on file at the time of purchase. Where applicable, the Subscriber must agree to the terms and conditions of our third-party payment providers for processing payments. All prices are listed in U.S. Dollars. All information provided by the Subscriber in connection with a purchase or transaction must be accurate, complete, and current. All plans are monthly payments; these charges persist regardless of whether your script is on or off or if you are actively collecting contacts; Monthly plans can include additional overage fees. If you opt to enable overages, you will be billed for overages according to the rate included in your plan. The number of overages is uncapped.
37. Free Trials
Maximiz.ai may, at its discretion, offer Services on a free trial basis. Maximiz.ai reserves the right to discontinue or modify any free trials at any time without liability. By enrolling in a free trial, the Subscriber acknowledges and agrees that, upon the expiration of the free trial period, the Subscriber may be automatically charged for continued use of the Services in accordance with Maximiz.ai’s prevailing pricing structure.
38. Taxes
Where Maximiz.ai does not charge you taxes for any Subscriptions, you agree to pay all applicable taxes.
39. Subscription Plans and Renewals
To access certain functionalities within our Services, you may be required to purchase a Subscription. Please note that multiple Subscriptions may be necessary where applicable. When you purchase a Subscription, your payment information will be stored for your convenience. If your account is set up for automatic payments, Maximiz.ai may charge you automatically and on a recurring basis, unless you notify us via your account dashboard that you wish to cancel automatic payments.
By purchasing a Subscription, you authorize us to bill you on a recurring basis and agree that your selected Subscription will automatically renew for additional periods of the same length as your initial Subscription, unless we are notified otherwise. You agree that no additional consent is required to charge your preferred payment method automatically and on a renewable basis for the selected Subscription.
If we are unable to process your payment method, we will attempt to contact you via email and suspend account usage until payment can be processed. For prepaid, pay-as-you-go accounts, credits will roll over and do not expire. However, if you do not log in to your account at least once within a 12-month period, your account and all its contents may be permanently deleted from our system. For any Subscription-related queries, please use the Support Portal or ‘Contact Us’ form.
40. Pricing and Price Increases
The pricing for all paid Subscriptions is listed on the Maximiz.ai website or within your account. Maximiz.ai reserves the right to increase the price of any paid Subscriptions at its discretion and at any time. In the event of a price increase, Maximiz.ai will notify you by posting the updated fee structure on our website and/or sending you a notification via email. You will have the opportunity to accept or reject any price increase before the renewal of your paid Subscription.
Upon receipt of such notice, please notify us if you intend to reject the price increase. If you reject a price increase, upon the expiration of your paid Subscription, certain features of our Services may become immediately unavailable. You agree that Maximiz.ai is under no obligation to offer any Subscriptions at the original price offered to you at sign-up.
41. Refunds
We aim for your satisfaction with your Subscription to our Services. All refunds are at our sole discretion. Refunds are not offered for accounts suspended or terminated for compliance reasons, nor for non-use. This means that if you pay for Maximiz.ai but do not log in, turn off your script, or do not collect contacts for any period, you are not entitled to a refund. If you believe you are entitled to a refund, please use the Support Portal or the ‘Contact Us’ form. We will review each request on a case-by-case basis within 30 days.
42. Affiliate Payments
To ensure clarity and compliance with legal standards, please note the following requirements: