Terms of Service
PLEASE READ CAREFULLY BEFORE USING THIS SITE OR THE SERVICE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
Max (“Max” or “us”, “our”, “we”) provides a chat add-on that helps users create, organize and manage events and meetings with their friends. We provide reminders and help our users keep track of various ongoing matters in the chat. Our Internet website is located at http://maxApp.com (the “Site”, and together with any service we provide, the “Service”). These Terms of Service (the “Terms”) govern your access and use of the Service. “You” or “Your” means a user of the Service.
You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.
Use of Service
Subject to the terms and conditions hereof, during the period these Terms are in effect, Max allows you to use the Service on a non-exclusive basis. Max may change, modify or update the Service at any time without prior notice to you, including to remove functionality. Currently, Max makes the Service available free-of-charge to you, but Max may choose at any time to charge for your future use of the Service. In order to use the Service, you must be 18 years of age or older, or have the permission of your parent or guardian. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms.
Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.
We allow you to access the Service if you are an active member of a chat group to which Max was added as a member. We reserve the right to refuse to allow a user and/or a chat group to use the Max for any reason in our sole discretion.
Your use of Max is at risk if you let someone use your device inappropriately and your use of Max is subject to termination if you or anyone using your device violates our Terms. If we terminate your use of Max, you may not join our Service again without express permission.
You agree to immediately notify us of any unauthorized use of your computer or device. You are fully and solely responsible for the security of your computer system and mobile phone and all activity from your computer or device, even if such activities were not committed by you. We will not be liable for any losses or damage arising from unauthorized use of your computer or device, and you agree to indemnify and hold us harmless for any improper or illegal use of your computer or device, unless you have notified us via email to [email protected] that your use of Max has been compromised. This includes illegal or improper use by someone to whom you have given permission to use your computer or device. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.
Messaging App and Internet Access Required
You must have a third party mobile messaging app (the “Messaging App”) installed in order to use the Service. Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for downloading a Messaging App, enabling Internet connectivity and any fees or costs you incur to use the Messaging App and/or access the Service through any wireless or other communication service.
Termination of Use
You agree that Max may for any reason, in its sole discretion and without notice, terminate your use of Max, and remove from the Service any content associated with your computer, device and/or chat group. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Max, or (v) behavior that violates the privacy of other users or third parties.
If Max believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may terminate your use of Max at any time and for any reason by leaving the chat group or by removing Max from such group. Any suspension, termination, or cancellation shall not affect your obligations to Max and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
All elements comprising the Service, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Max or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any Max content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of Max unless otherwise stated and may not be used without the express written consent of Max. All rights not expressly granted herein are reserved to Max, its affiliates and its licensors.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Max or any other third parties' intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.
The software and technology underlying the Service is the property of Max, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (e) harvest, collect or mine information about other users of the Service.
Max shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. Max will not be liable to you as a result of temporary service interruptions. You acknowledge that Max may, in its sole discretion and at any time, modify or discontinue providing the Service or any part thereof without notice.
Disclaimers & Disclaimer of Warranty
Your use of the Service is at your sole discretion and risk. The Service are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Max. Max EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND TO THE GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Max DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.
Max IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY OTHER USERS WHEN USING THE SERVICE AND/OR BY MEANS OF THE MESSAGING APP. Max IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF THE MESSAGING APP. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Max content information at any time without prior notice.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
In addition, Max helps you plan events, provides you with reminders and ways to increase communication with members of your chat groups, but cannot and does not accept any responsibility for the actions of any members of the chat group, participants in the events or meetings or other users. USE OF THE SERVICE IS AT YOUR OWN RISK AND Max SHALL NOT HAVE ANY LIABILITY THEREFOR.
No advice or information, whether oral or written, obtained by you from Max, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
Max assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Max is not responsible for any problems or technical malfunction of any telephone network or lines, Messaging App, computer online systems, servers or providers, computer equipment, software, failure of any email or message due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person's mobile phone related to or resulting from participation or downloading materials in connection with the Service. Max cannot and does not warrant that any Messaging App or device shall transmit any information to us, correct or otherwise. Under no circumstances shall Max be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL Max OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Max HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL Max'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO Max FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO Max FOR THE USE OF THE SERVICE, THEN Max SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Max and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your device; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the Service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Service shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the mobile phone number or other contact information you have provided to us.
Updated: March 2015
Information We Collect
You may use the Service by participating in a chat by means of a third party Messaging App to which Max has been added as a contact. By using the Service by means of the Messaging App as a member of the chat group, we will receive Personal Information about you. This Personal Information includes such information that is accessible to the members of the group using the Messaging App for group chats, and presently includes: the name of the group, the group icon, list of members, the members’ names or usernames, mobile phone numbers, photographs, videos, locations, custom notifications, statuses, members who joined or left the group, whether the message was viewed, as well as the content of all of the chats. We receive such information that is available or accessible from the time when Max was added as a member of the chat. Please check the relevant Messaging App’s policies in order to further understand what information we receive. Please note that if such policies change, we may receive different information. Some of the information collected during use of the Service is Personal Information. “Personal Information” means information that can be directly associated with a specific person. We also collect Personal Information when you contact us for any reason. It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information your use of the Service may be limited.
In addition, when you use the Site, certain information may be automatically gathered about your computer, browser, operating system, geo-location, IP address, IP blocking, or mobile device.
How we Protect Information
We make efforts to follow generally accepted industry standards to protect Personal Information, both during transmission and once we receive it. However, you must realize that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.
We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information that we have deleted.
How we Use Information
We also use information we collect from your chats and groups in order to assist in creating, organizing and managing events and meetings. In order to do so, we may post comments in the chat.
We may share your Personal Information with:
• Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our Service. You can tell when a third party is involved in a product or service because their name will appear, either alone or with ours. If you choose to use these products or services, we may share information about you, including your Personal Information, with those partners. Please note that we do not control the privacy practices of these third party business partners. If you wish to no longer allow that third party to use your information, please contact that third party directly.
• Referring websites. If you were referred to this Site from another website (for example, through a link), we may share some information about you with that referring website. We encourage you to review the privacy policies of any website that referred you here. Additionally, when you link to one of our partners from our Service, we provide that partner with a unique identifier so they know that you were referred from our Service. This unique identifier will not contain any of your Personal Information.
Online Links to Other Websites
Use of Max by Children
We do not knowingly collect personally identifiable information from children under the age of 14. In the event you become aware that somebody under the age of 14 has enrolled without parental permission, please inform us immediately.
Correcting or Updating your Information.
We allow you to view your Personal Information and to alter any data, inaccuracies or errors. To request such access, or correct, update, or amend your Personal Information please contact us at the following email address: [email protected].
We will retain your information for as long as you use the Service or as needed to provide you the Service. If you wish to request that we no longer use your information to provide you the Service, please contact us at the email address listed above. We will retain Statistical Information indefinitely. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Other Uses or Transfer of Your Information
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any user suspected to have engaged in illegal or infringing behavior.
We may use subcontractors that are located in countries other than your own, and send them information we receive. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.
We may transfer our databases containing your Personal Information if we sell our business or part of it.
Comments and Questions
Last updated: March 2015