Terms of Service
Terms of Service
Effective Date: August 1, 2024
Last Updated: March 1, 2026
These Terms of Service ("Terms") govern your access to and use of MAXXAM.ai's services, website, and AI-powered automation solutions (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
2. Description of Services
MAXXAM.ai provides AI-powered automation solutions, voice AI technology, and business process automation tools designed for small to medium-sized businesses. Our Services include but are not limited to:
• AI voice automation systems
• Business process automation tools
• Workflow automation and integration services
• Customer interaction automation
• Custom AI solution implementation
• Consulting and technical support services
The specific features and functionality available to you depend on your subscription plan and service agreement.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
3.2 Account Registration
To access certain features of our Services, you must create an account. You agree to:
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
3.3 Business Accounts
If you are registering on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
4. Acceptable Use Policy
4.1 Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You may use our Services to automate business processes, improve customer interactions, and enhance operational efficiency.
4.2 Prohibited Activities
You agree NOT to:
• Use our Services for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems, networks, or data
• Reverse engineer, decompile, or disassemble any part of our Services
• Interfere with or disrupt the integrity or performance of our Services
• Transmit viruses, malware, or other harmful code
• Use our Services to harass, abuse, or harm others
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information from other users without consent
• Use our AI systems to generate content that is defamatory, discriminatory, or violates the rights of others
• Attempt to manipulate or game our AI algorithms or systems
• Use our Services in a manner that could damage our reputation or business interests
4.3 Content Standards
When using AI-generated content or automation features, you are responsible for ensuring that all content complies with applicable laws and does not infringe on intellectual property rights, privacy rights, or other legal protections.
5. AI-Specific Terms
5.1 AI System Use and Limitations
Our Services utilize artificial intelligence and machine learning technologies. You acknowledge and agree that:
• AI systems may produce errors, inaccuracies, or unexpected results
• AI-generated outputs should be reviewed and verified before use in critical applications
• Our AI systems improve over time through learning, but accuracy is not guaranteed
• AI decisions are based on algorithmic processing and may require human oversight
• We provide tools for monitoring and controlling AI automation, and you are responsible for implementing appropriate oversight
5.2 Training Data and Model Improvement
Unless otherwise specified in your service agreement or you opt out:
• We may use aggregated, anonymized usage data to improve our AI models and Services
• We will NOT use your confidential business data or customer personal information to train models accessible to other clients without your explicit consent
• You retain ownership of all data you input into our Services
• We implement technical and organizational measures to protect data used in model training
5.3 Automated Decision-Making
When our AI systems make automated decisions that may significantly affect individuals (such as customer interactions, lead qualification, or scheduling), you must:
• Inform affected individuals that automated decision-making is in use
• Provide a mechanism for human review when requested
• Ensure compliance with applicable laws regarding automated decision-making
• Implement appropriate safeguards against bias and discrimination
5.4 Transparency Obligations
You acknowledge that you are interacting with AI-powered systems when using our Services. We commit to clearly identifying when interactions are AI-generated or AI-assisted.
6. Subscription Plans and Pricing
6.1 Subscription Terms
Our Services are offered on a subscription basis with various pricing tiers. By subscribing, you agree to pay the applicable fees for your selected plan.
6.2 Billing and Payment
• Subscription fees are billed in advance on a monthly or annual basis, as selected
• Payment is due immediately upon subscription or renewal
• All fees are non-refundable except as expressly stated in these Terms or required by law
• You authorize us to charge your designated payment method for all fees
• If payment fails, we will attempt collection for 7 days before suspending your account
6.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled at least 48 hours before the renewal date. Renewal will be at the then-current pricing, and we will provide notice of any price changes at least 30 days in advance.
6.4 Price Changes
We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect your current billing period but will apply to subsequent renewals.
6.5 Refund Policy
• New subscribers may request a full refund within 14 days of initial purchase
• Refunds are not available for subscription renewals
• Refunds for custom implementation services are subject to your service agreement
• To request a refund, contact [email protected]
7. Intellectual Property Rights
7.1 Our Intellectual Property
All content, features, functionality, software, code, algorithms, AI models, designs, graphics, logos, and trademarks included in our Services are owned by MAXXAM.ai or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.
7.2 Your Content and Data
You retain all ownership rights to the data, content, and information you upload, submit, or transmit through our Services ("Your Content"). By using our Services, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely to provide and improve our Services.
7.3 AI-Generated Content
Content generated by our AI systems based on your inputs and instructions is considered work product created for you under your direction. You own the output, subject to:
• Our underlying intellectual property rights in the AI models and systems
• Your compliance with these Terms and applicable laws
• Third-party rights in any content used as inputs
7.4 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without compensation or obligation to you.
8. Data Privacy and Security
8.1 Privacy Policy
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
8.2 Data Security
We implement industry-standard security measures to protect your data, including:
• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security audits and vulnerability assessments
• Incident response and breach notification procedures
• Secure development practices and code reviews
8.3 Your Responsibilities
You are responsible for:
• Maintaining the security of your account credentials
• Ensuring you have proper authorization to upload and process data through our Services
• Complying with applicable data protection laws when using our Services
• Obtaining necessary consents from individuals whose data you process through our Services
9. Third-Party Integrations
Our Services may integrate with third-party platforms, APIs, and services (e.g., CRM systems, communication platforms, payment processors). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.
10. Service Availability and Modifications
10.1 Service Availability
We strive to provide reliable, uninterrupted access to our Services. However, we do not guarantee that our Services will be available at all times or error-free. We may experience downtime for maintenance, updates, or due to factors beyond our control.
10.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that significantly affect your use of the Services.
10.3 No Liability for Interruptions
We will not be liable for any interruption, delay, or failure to perform resulting from causes beyond our reasonable control, including technical failures, natural disasters, or third-party service disruptions.
11. Disclaimers and Warranties
11.1 "As Is" Provision
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.
11.2 AI Limitations
WE DO NOT WARRANT THAT:
• AI-GENERATED OUTPUTS WILL BE ACCURATE, RELIABLE, OR ERROR-FREE
• OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
• ANY ERRORS OR DEFECTS WILL BE CORRECTED
• OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL COMPONENTS
• RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE
11.3 Professional Advice Disclaimer
Our Services are not intended to provide legal, financial, medical, or other professional advice. Any content generated by our AI systems should not be relied upon as professional advice without independent verification.
12. Limitation of Liability
12.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXXAM.AI'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
12.2 Exclusion of Damages
IN NO EVENT SHALL MAXXAM.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
• Loss of profits, revenue, or business opportunities
• Loss of data or business information
• Cost of substitute services or products
• Business interruption or operational delays
• Damages resulting from AI errors or inaccuracies
• Reputational harm or loss of goodwill
EVEN IF MAXXAM.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless MAXXAM.ai, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your infringement of any third-party rights
• Content you submit or actions you take using our Services
• Your implementation or use of AI-generated content or automation
• Any breach of your representations and warranties
14. Term and Termination
14.1 Term
These Terms remain in effect while you use our Services or maintain an account with us.
14.2 Termination by You
You may terminate your account at any time by:
• Cancelling your subscription through your account settings
• Contacting our support team at [email protected]
• Providing written notice of termination
Termination does not entitle you to a refund of any prepaid fees unless otherwise specified.
14.3 Termination by Us
We may suspend or terminate your access to our Services immediately, without prior notice or liability, if:
• You breach any provision of these Terms
• Your account has been inactive for an extended period
• We are required to do so by law or regulatory authority
• Your use of our Services poses a security risk or potential liability
• You engage in fraudulent or illegal activities
14.4 Effect of Termination
Upon termination:
• Your right to access and use our Services immediately ceases
• We may delete your account and data in accordance with our data retention policies
• You remain liable for any fees accrued prior to termination
• Provisions that by their nature should survive termination (including intellectual property, limitations of liability, and dispute resolution) will continue to apply
14.5 Data Retrieval
You may request an export of your data within 30 days of termination. After this period, we may delete your data in accordance with our retention policies.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at [email protected] to seek an informal resolution. We will attempt to resolve disputes through good faith negotiations for at least 30 days.
15.2 Binding Arbitration
If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or our Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration will be conducted in Atlanta, Georgia, or another mutually agreed location. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver
YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
15.4 Exceptions
Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.
15.5 Small Claims Court
You may bring claims in small claims court if they qualify and remain in that court.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, for any disputes not subject to arbitration.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and MAXXAM.ai regarding our Services and supersede all prior agreements and understandings.
17.2 Amendments
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.
17.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
17.4 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
17.5 Assignment
You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign our rights and obligations without restriction.
17.6 Force Majeure
We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, internet service failures, or equipment failures.
17.7 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated.
17.8 Notices
All notices to MAXXAM.ai must be sent to:
MAXXAM.ai
Legal Department
Email: [email protected]
Notices to you may be sent to the email address associated with your account and will be deemed delivered 24 hours after sending.
17.9 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and MAXXAM.ai.
18. Contact Information
If you have questions about these Terms of Service, please contact us:
Email: [email protected]
Support: [email protected]
Website: https://maxxam.ai
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