Terms of Service

Please review these terms and conditions carefully. 

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN MAXIMUM LOCAL TECHNOLOGIES, INC. D/B/A MAXLO (“MAXLO”, “WE”, “US”, AND/OR “OUR”) AND YOU. BY REGISTERING FOR OR USING THE SERVICES (DEFINED BELOW) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS, HAVE TAKEN THE TIME AND ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THESE TERMS, AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS HEREIN TO THE EXCLUSION OF ALL OTHER TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

Maxlo and you are hereinafter referred to from time to time, individually as “Party” and collectively as “Parties”.

1. About the Service

Maxlo provides shared local/cloud data services, including data storage, management, and transfer solutions via its owned and operated website, currently located at https://www.maxlo.io/ (the “Site”); its Software-as-a-Service web platform, currently located at https://www.maxlo.app/ (the “Platform”); its downloadable desktop application (the “App”); and related content, features, applications, and other services, including, without limitation, any new features and applications (collectively; with the Site, Platform, and App; the “Services”). 

2.     Acceptance

2.1   Representations. By accessing or using our Services, including by browsing our Site, creating an account, or by clicking a button or checking a box marked “I agree” (or an equivalent phrase), you accept these Terms of Service (“Terms”) as binding and confirm:

• You are of legal age in the jurisdiction in which you reside to form a contract with us; 

• You have not been previously suspended or banned from using the Services; 

• Your use of the Service is in compliance with any and all applicable laws and regulations (including laws and regulations governing cannabis and cannabis-derived products); and

• You have the authority to enter into these Terms.

2.2   Privacy Notice. Our Privacy Notice is hereby incorporated into and forms an integral part of these Terms. Please read this notice carefully as it describes how we handle the personal information we collect from and about you in connection with your use of and access to the Services. Where processing is based on consent and to the extent permitted by law, by entering into these Terms, you consent to Maxlo’s collection, use, and disclosure of your personal information as described in the Privacy Notice.  

3.     Modifications

3.1 Changes to Terms. To the extent allowed by law, we reserve the right, in our sole discretion, to modify these Terms or our Privacy Notice at any time. You should review these Terms and our Privacy Notice regularly. If we make material changes, we will provide you with additional notice, such as posting a statement on our Site or sending you an email notification, if we have your email address on file. Your continued use of the Services on or after such changes have become effective constitutes acceptance of those changes, to the extent permitted by law. We will not have any liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to stop using our Services. 

3.2 Changes to Service. Maxlo reserves the right to modify or discontinue the Services (or any part thereof) at any time. This may include adding new features, updating existing features, or removing features or functionality from the Services, temporarily or permanently. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Service. Continued use of the Services after the date any such changes take effect constitutes your agreement to such changes. 

4.     Accessing the Services 

4.1 General. In exchange for your payment of the Fees (defined in Section 5 below) and subject to your full compliance with these Terms, Maxlo will provide you with the Services, in accordance with any limitations applicable to the plan you have selected. 

4.2 Registration. In order to access and use certain features of the Services (including the Platform and App), we require that you register for an account. It is a condition of your use of the Services that the information you provide about yourself is accurate, current, and complete and that you to maintain and promptly update such information to keep it accurate, current, and complete. You may be asked to verify that you are over the applicable age limit to access our Services and you hereby agree that you shall not misrepresent your age. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the Services upon discovery (or reasonable suspicion) that any information you have provided via the Services is not true, accurate, or complete, or otherwise violates these Terms.  

4.2 Use. Except as otherwise required by law, you are responsible for all activity that occurs via your Account, whether or not authorized by you. It is your responsibility to maintain the confidentiality of your account and the information in your account. You may never use another person’s account and you may not provide another person with the username and one-time log-in code (“Account Credentials”) used to access your account. You understand and agree that use of a single account by multiple people to access our Services is prohibited. You must notify use immediately of any unauthorized use (or suspicion of unauthorized use) of your Account Credentials or your account, or any other breach of security related to your use of the Services. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account, regardless of whether you have notified us of such use. 

4.3 Acceptable Use. You may use our Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us now if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.   

You agree not to, and will not assist, encourage, or enable others to use our Services as follows: 

• For any commercial purpose, except as expressly permitted under these Terms.  

• For competitive analysis or to build competitive products. 

• To violate any applicable national, regional, federal, state, local, or international law or regulation.

• To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which: 

  • Is, or contains any material which is, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person; 

  • Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Notice; or 

  • Is likely to deceive or confuse any person. 

• In violation of these Terms or any other rules or policies posted by us on the Services.

• To reverse engineer any portion of the Services.

• To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Maxlo. 

• To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services. 

• To record, process, harvest, collect, or mine information about other users. 

• To access, retrieve, or index any portion of the Services for the purposes of constructing or populating a searchable database. 

• To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose. 

• To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature. 

• To use the Services to violate the security of any computer network, crack passwords, or security encryption codes. 

• To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services. 

• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 

• To attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 

• To otherwise attempt to interfere with the proper working of the Services.

4.3 Suspension or Termination of Access. If we determine (or reasonably believe) that you have breached the acceptable use terms set out in Section 4.2 above or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us or our other users; or (iii) are violating the intellectual property rights of Maxlo or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify relevant third parties, including law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at info@maxlo.io.  

4.4 Performance Metrics. You agree that Maxlo has the right to monitor, collect, and analyze statistical and performance information based on and/or relating to your use of the Services, and is free (during the Term and thereafter) to (i) use such data and other information to improve Maxlo’s products and services, and (ii) disclose such data and information in an aggregated and anonymized format that does not identify you or any other individuals. 

5. Fees

5.1 Subscription Plans. To access Maxlo’s Platform, you must select and purchase a plan that sets the scope, term, and pricing of any Services to be provided (“Maxlo Plan(s)”). You agree that you will pay Maxlo the fees specified for the selected Maxlo Plan at the then-applicable rates published at https://maxlo.app/signup, at the time you first subscribe, subject to any additional pricing terms, discounts, or credits agreed to by you and Maxlo in writing. Except as otherwise specified herein (i) fees are quoted and payable in United States dollars, and (ii) payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable. 

5.2 Payment. To purchase a Maxlo Plan, you will be required to provide a third-party payment processor with information such as your name, payment card details, and billing address in order to facilitate payment. You represent and warrant to Maxlo that such information is true and that you are authorized to use the payment instrument. You must promptly update such information to account for any changes such as a change in your billing address or credit card expiration date. You hereby authorized Maxlo to bill your payment instrument in accordance with the terms of the applicable Maxlo Plan, and you agree to pay any charges so incurred. 

5.3 Recurring Plans. If you select a Maxlo Plan with an auto-renewal feature (“Recurring Plans”), you authorize Maxlo to charge your payment instrument automatically upon the renewal of the Recurring Plan you chose with no further action required by you. A Recurring Plan will automatically renew for successive renewal terms equal to the length of the initial term. Price changes for Recurring Plans will take effect at the start of the next renewal period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Plan after the price change takes effect. If you do not agree with the price changes, you may cancel your Recurring Plan before the price change goes into effect. 

5.4 Taxes. All amounts payable hereunder are exclusive of any sales, use, and other taxes or duties, however designated (collectively, “Taxes”). You are responsible for payment of all Taxes, except for those taxes based on Maxlo’s income. You may not withhold any taxes from any amounts due to us. 

5.5 Disputed Charges. If you dispute any charges, you must notify Maxlo within thirty (30) days after the date that Maxlo charges you. Once this period has expired, the charge will be deemed to have been accepted in full. 

5.6 Cancellation. A Maxlo Plan will commence on the date such plan is selected and will continue for the period set forth therein. You may cancel a Maxlo Plan (including Recurring Plan) at any time by contacting us at billing@maxlo.io. If you cancel before the end of the term for your Maxlo Plan (“Term”), we will not refund any fees already paid, however, you will continue to have access to the Services through the end of the Term. 

5.7 Credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances. 

5.8 Price Changes. Maxlo reserves the right to change its prices for Services. You may lock in at the then-current subscription rates by electing an annual plan. If Maxlo does change prices, Maxlo will provide notice of the change at least thirty (30) days before the change is to take effect. Your continued use of the Services after the revised price becomes effective constitutes your agreement to pay the changed amount. 

5.9 Late Payments; Chargebacks. Unpaid and undisputed invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If Maxlo does not receive payment from you due to a charge being declined, charged back, or otherwise reversed, your account shall be deemed to be in Default. Upon Maxlo’s written notice to you (email is sufficient0, you have ten (10) days to cure the Default. If the Default remains uncured after ten (10) days, Maxlo may, without liability immediately suspend your right to access or use any portion or all of the Services. Maxlo may, but is under no obligation to, defer any suspension or other remedies described above given active progress by you to rectify the issue. 

6. Intellectual Property Rights  

6.1 Services IP. Intellectual property rights, titles, and interests in and to all text, images, graphics, logos, button icons, photographs, video and audio files, data associated the Services and the selection, arrangement, structure, coordination, and “look and feel” thereof, as well as the Maxlo name and logo belong to Maxlo, its licensors, or other content suppliers (“Services IP”). Unless otherwise expressly authorized herein or by us in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, creative derivative works from, modify, sell, resell, exploit, transfer, or upload the Services IP or any portion thereof. 

6.2 License to Services IP. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Services IP solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Maxlo, its licensors, or other content suppliers.  

6.3 User Content. With respect to (i) any content or other materials you upload through the Services, and (ii) any photos, videos, or other content you share on your social media accounts using our branded hashtags, including, without limitation #Maxlo, #MaximumLocal, #MaximumEfficiency, #LocalMeetsGlobal (collectively, the “Maxlo Hashtags”), or in which you tag our branded social media accounts (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violating any third party’s rights. You understand and agree that any liability, loss, or damage arising from or relating to any User Content that you post, upload, link to, or otherwise make available via the Service or your social media accounts, as described above, is solely your responsibility. By making available such User Content, you hereby grant Maxlo a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes. You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of our Services, in the form of testimonials or showcased users of the Service, and other reasonable promotional activities. 

6.4 Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Maxlo shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without notice to you or acknowledgement or compensation to you. 

6.5 Complaints and Copyright Takedown Requests. If you believe your intellectual property is being violated via our Services, please submit a complaint and request for takedown of specific material to info@maxlo.io. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. 

Please note that this procedure is exclusively for notifying Maxlo that your copyrighted material has been infringed. The preceding requirements are intended to comply with Maxlo’s rights and obligations under the Digital Millennium Copyright Act (DMCA), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 

In accordance with the DMCA and other applicable law, Maxlo has adopted a policy of blocking, in appropriate circumstances, users who are deemed to be repeat infringers. Maxlo may also in its sole discretion limit access to the Site or any other portion of the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

7. Links to Other Websites and Third-Party Content

We may provide links to third-party websites, services, and applications that are not operated or controlled by Maxlo. These Terms do not apply the practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the terms of use and privacy policies of any third-party service before using such service or providing any personal information to or through them. 

8. Consent to Receive Communications in Electronic Form

For all notices and communications relating to these Terms, you (i) consent to receive communications from us in electronic form via the email you have submitted; and (ii) agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights. 

We may also use your email address to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at info@maxlo.io. 

You may have the opportunity to opt in to receiving certain information, updates, and/or offers from us via text communications by providing us with your mobile telephone number. Consent to receiving text communications is not required as a condition of purchasing any Products or using our Services. If you choose to opt in to receive such communications, you represent and warrant that the telephone number you have provided is yours and not someone else’s. You understand and agree that you may receive recurring promotional and personalized marketing messages from Maxlo, in the form of text messages or automated or pre-recorded phone calls, and standard message and data rates apply. You can opt out of receiving these messages at any time by texting STOP or by contacting us at Maxlo. 

9. Warranty Disclaimer

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICE IP MADE AVAILABLE VIA THE SITE OR OTHER SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”.  WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE SUCH MATERIALS ARE ACCURATE AND RELIABLE WHEN POSTED, THE MATERIALS MIGHT NOT BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTIES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE), IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OR MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. MAXLO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAXLO’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. 

10. Indemnification

You agree to release, indemnify, and hold harmless Maxlo against all losses, damages, expenses (including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) made or brought against us by a third party arising out of (i) your breach of these Terms; (ii) your violation of applicable laws; (iii) your violation of the rights of any third party, including intellectual property rights; and (ii) your negligence or willful misconduct. 

11. Limitation of Liability

MAXLO ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (I) CONTENT POSTED BY ANY USER OR OTHER THIRD PARTY, (II) ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICES INTEGRATED IN, LINKED TO, OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES, OR (III) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXLO WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT MAXLO SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

12. Term and Termination

12.1 Term. Subject to the early termination rights set forth herein, these Terms are in effect for the applicable plan period you have selected (the “Initial Term”). If you select a recurring plan, the “Initial Term” will automatically renew for additional periods of the same duration (“Renewal Terms”, and collectively with the Initial Term, the “Term”). 

12.3 Termination for Cause. Each Party may immediately terminate this Agreement at any time if the other party: (i) breaches this Agreement and fails to cure the breach within ten (10) days after receiving written notice of such breach; (ii) makes, or attempts to make, an assignment for the benefit of its creditors; (iii) commences proceedings for relief under any bankruptcy, insolvency, or debtor’s relief law; (iv) is the subject of a bankruptcy, insolvency, or debtor’s relief proceedings, and fails to have such proceedings dismissed within sixty (60) days; or (v) liquidates or dissolves or attempts to liquidate or dissolve. 

5.5 Effect of Termination. The expiration or termination of this Agreement shall not discharge or relieve either Party from any obligation which accrued prior to termination and shall not relieve any breaching party from liability for damages resulting from such breach. Any termination rights contained in this Section are in addition to, and not in lieu of, any remedies available at law or in equity or otherwise. 

13. Miscellaneous 

12.1 Survival. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of Maxlo to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms to the extent necessary to give full effect to their intended purpose. 

12.2 Choice of Law. These Terms and your use of the Services are governed by the federal and state laws of Delaware without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in Delawre for the adjudication of any disputes arising from or relating to the Services or these Terms. 

12.3 Assignment. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without our prior written consent, and any unauthorized assignment and delegation by you shall be void. 

12.4 Entire Agreement. These Terms, together with the Privacy Notice, represent the complete and exclusive understanding of the agreement between us and you regarding the Service and supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Services. 

12.5 Notices. All notices permitted or required under these Terms must be sent in writing (i) if to you by us, then via email to any address you have provided, and (ii) if to us by you, then via info@maxlo.io. Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us.  

12.6 Contact Us. If you have comments or questions or would like to report violations of these Terms, please contact us at info@maxlo.io or 95 Harbor Rd, 2ND FL,  Southport, CT 06890.