MaxAI.me

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Terms of Service

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.

These Terms of Use (the "Terms") are a binding contract between you and MaxAI.me ("MaxAI.me", "we" and "us"). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at hello@maxai.me.

You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the MaxAI.me website, and/or by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

General Philosophy

We strive to make MaxAI.me as easy-to-use as possible and as ethical a business operation as possible. The terms will ensure a good experience for you, our users, and us, the creators of MaxAI.me. You must agree to these terms before using MaxAI.me.

Content

You understand and agree that the content and information you use on the MaxAI.me Services are your responsibility. You represent that you either own or have the necessary rights and permissions to use the content and information you make available through the Services. You agree that you will not use the Services to upload, post, transmit, or otherwise make available any content that:

- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

- Is fraudulent, false, misleading, or deceptive;

- Is defamatory, obscene, pornographic, vulgar, or offensive;

- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

- Is violent or threatening or promotes violence or actions that are threatening to any other person;

- Promotes illegal or harmful activities or substances;

MaxAI.me reserves the right to remove any content or information you make available through the Services if it believes it violates these Terms.

Warranties and Disclaimers

THE MAXAI.ME SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MAXAI.ME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND MAXAI.ME DOES NOT WARRANT THAT ANY ERRORS WILL BE CORRECTED. MAXAI.ME DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

Liability Limitation

MAXAI.ME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAXAI.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES.

THE TOTAL LIABILITY OF MAXAI.ME FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR USE OF THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

Usage Requirements

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

(c) Restrictions. The Services are intended for human use only. By using the Services, you agree to the following restrictions:

(i) You shall not use the Services in any manner that infringes, misappropriates, or violates the intellectual property rights or other rights of any third party.

(ii) You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying components, or algorithms of the Services, except to the extent such restrictions are expressly prohibited by applicable law.

(iii) You shall not share your account with multiple individuals or entities to circumvent or exceed the limitations set forth by us.

(iv) You shall not employ any automated or programmatic methods, including but not limited to scraping, web harvesting, or data extraction, to access the Services, extract data, or bypass the official user interface.

(v) You shall not provide us with any personal information of children under the age of 13 or the applicable age of digital consent in your jurisdiction.

You agree to adhere to any rate limits and other requirements specified in our documentation. The Services may only be accessed and used in geographies currently supported by us.

In the event that you violate these terms of normal usage, we reserve the right, at our sole discretion, to suspend or terminate your account. Furthermore, if your violation results in actual losses or damages, we reserve the right to pursue legal action and seek appropriate compensation to the fullest extent permitted by law.

Paid Accounts

Billing: You can enjoy our premium features and services by upgrading to a Paid Account. We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.

Cancellation: You may cancel your Paid Account at any time. However, please be aware that we practice a no-refund policy.

Changes: We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions.

Fair Usage Policy

MaxAI.me is designed for individual human use. To ensure optimal service quality and equitable access for all premium users, we implement the following Fair Usage Policy:

1. Query Limits: Premium accounts are allocated a specified number of smart AI or image queries per month. MaxAI.me may implement rate limiting on queries that exceed typical human usage patterns.

2. Content Volume: Queries involving large amounts of text or sizeable file attachments may require significant computational resources. Sudden large requests or extremely frequent queries can impact system performance for all users. Therefore, we implement soft limits to maintain consistent service quality.

3. Human-Paced Usage: Our service is optimized for human-paced interactions. Queries at a rate exceeding typical human capacity may be classified as unauthorized programmatic usage.

4. Individual Use: MaxAI.me accounts are for individual use only. Usage patterns suggesting shared accounts or multiple users on a single account are prohibited.

5. Time-based Monitoring: Usage is monitored across various time frames to ensure it aligns with expected patterns of individual human use.

6. Prohibited Usage: Any attempt to access the Services through automated means, extract data, or bypass the official user interface is strictly prohibited. All interactions must be initiated directly through the MaxAI.me user interface by an individual user.

7. Service Adjustments: MaxAI.me reserves the right to adjust service performance or access for accounts that consistently exceed normal human usage patterns or violate this Fair Usage Policy.

8. Compliance: Violation of this Fair Usage Policy may result in temporary service limitations or, in severe cases, account suspension or termination.

We strive to provide high-quality service to all users while managing the intensive computational demands of AI technology. Our Fair Usage Policy helps ensure that the actions of any single user do not negatively impact the experience of others or the overall system performance.

If you have specific high-volume needs that may not align with typical individual use, please contact our sales team to discuss custom solutions tailored to your requirements.

MaxAI.me reserves the right to modify this Fair Usage Policy at any time. Continued use of our services following any such changes constitutes your acceptance of the new Fair Usage Policy.

Miscellaneous

These Terms and the relationship between you and MaxAI.me shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MaxAI.me agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.

These Terms constitute the entire agreement between you and MaxAI.me with respect to the use of the Services and supersedes all prior or contemporaneous communications, understandings, and agreements, whether written or oral, between you and MaxAI.me.