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TERMS OF SERVICE
Last updated: 12/01/2018
1. Introduction
Welcome to MAX INSTANT FEEDBACK SL (“Company”, we”, our”, us”)! As you have
just clicked to our Terms of Service, please make a pause, grab a cup of coffee and carefully
read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, Terms of Service”) govern your use of our web pages
located at https://max-index.com and our mobile application MAX (together or individually
Service”) operated by MAX INSTANT FEEDBACK SL.
Our Privacy Policy also governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our web pages. Please read
it here https://max-index.com/privacy.html.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You
acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at hello@max-index.com so we can try to find a
solution. These Terms apply to all visitors, users and others who wish to access or use
Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt out of
receiving any, or all, of these communications from us by following the unsubscribe link or by
emailing at.
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card, your billing address,
and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other
payment method(s) in connection with any Purchase; and that (ii) the information you supply
to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right to provide the
information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in the description or price of the product or
service, error in your order or other reasons.
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We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, Promotions”) made available
through Service may be governed by rules that are separate from these Terms of Service. If
you participate in any Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will
apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed
in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on
a monthly or annual basis, depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact
same conditions unless you cancel it or MAX INSTANT FEEDBACK SL cancels it. You may
cancel your Subscription renewal either through your online account management page or by
contacting MAX INSTANT FEEDBACK SL customer support team.
A valid payment method, including credit card, is required to process the payment for your
subscription. You shall provide MAX INSTANT FEEDBACK SL with accurate and complete
billing information including full name, address, state, zip code, telephone number, and a valid
payment method information. By submitting such payment information, you automatically
authorize MAX INSTANT FEEDBACK SL to charge all Subscription fees incurred through
your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MAX INSTANT FEEDBACK SL will issue
an electronic invoice indicating that you must proceed manually, within a certain deadline
date, with the full payment corresponding to the billing period as indicated on the invoice.
6. Free Trial
MAX INSTANT FEEDBACK SL may, at its sole discretion, offer a Subscription with a free trial
for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged
by MAX INSTANT FEEDBACK SL until Free Trial has expired. On the last day of Free Trial
period, unless you cancelled your Subscription, you will be automatically charged the
applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, MAX INSTANT FEEDBACK SL reserves the right to (i) modify
Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
MAX INSTANT FEEDBACK SL, in its sole discretion and at any time, may modify Subscription
fees for the Subscriptions. Any Subscription fee change will become effective at the end of
the then-current Billing Cycle.
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MAX INSTANT FEEDBACK SL will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your Subscription before such
change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes
your agreement to pay the modified Subscription fee amount.
8. Refunds
Except when required by law, paid Subscription fees are non-refundable.
9. Content
Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are responsible for
Content that you post on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours
(you own it) and/or you have the right to use it and the right to grant us the rights and license
as provided in these Terms, and (ii) that the posting of your Content on or through Service
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the account of anyone found
to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through
Service and you are responsible for protecting those rights. We take no responsibility and
assume no liability for Content you or any third party posts on or through Service. However,
by posting Content using Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through Service. You
agree that this license includes the right for us to make your Content available to other users
of Service, who may also use your Content subject to these Terms.
MAX INSTANT FEEDBACK SL has the right but not the obligation to monitor and edit all
Content provided by users.
In addition, Content found on or through this Service are the property of MAX INSTANT
FEEDBACK SL or used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for commercial
purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not
to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
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(d) To impersonate or attempt to impersonate Company, a Company employee, another user,
or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
Service, or which, as determined by us, may harm or offend Company or users of Service
or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or
interfere with any other party’s use of Service, including their ability to engage in real time
activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for
any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or database
connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
11. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website
traffic. Google uses the data collected to track and monitor the use of our Service. This data
is shared with other Google services. Google may use the collected data to contextualise and
personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
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We also encourage you to review the Google's policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as
your device advertising settings or by following the instructions provided by Google in their
Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google
Privacy Terms web page: https://policies.google.com/privacy?hl=en
Piwik / Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here:
https://matomo.org/privacy-policy
Cloudflare analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy
Policy here: https://www.cloudflare.com/privacypolicy/
Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out.
To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on what type of information Mixpanel collects, please visit the Terms of
Use page of Mixpanel: https://mixpanel.com/terms/
12. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By
accessing or using any of Company, you warrant and represent that you are at least eighteen
(18) years of age and with the full authority, right, and capacity to enter into this agreement
and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18)
years old, you are prohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and
that the information you provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of your account
on Service.
You are responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur under your account
and/or password, whether your password is with our Service or a third-party service. You must
notify us immediately upon becoming aware of any breach of security or unauthorized use of
your account.
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You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or entity
other than you, without appropriate authorization. You may not use as a username any name
that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of MAX INSTANT FEEDBACK SL and
its licensors. Service is protected by copyright, trademark, and other laws of foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of MAX INSTANT FEEDBACK SL.
15. Error Reporting and Feedback
You may provide us directly at hello@max-index.com with information and feedback
concerning errors, suggestions for improvements, ideas, problems, complaints, and other
matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall
not retain, acquire or assert any intellectual property right or other right, title or interest in or
to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii)
Feedback does not contain confidential information or proprietary information from you or any
third party; and (iv) Company is not under any obligation of confidentiality with respect to the
Feedback. In the event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable,
irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including
copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any
manner and for any purpose.
16. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or
controlled by MAX INSTANT FEEDBACK SL.
MAX INSTANT FEEDBACK SL has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT MAX INSTANT FEEDBACK SL SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR
RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR
THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY
POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY
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AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES
OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE
ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR
NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT
WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,
AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
19. Termination
We may terminate or suspend your account and bar access to Service immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
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All provisions of Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
20. Governing Law
These Terms shall be governed and construed in accordance with the laws of Spain without
regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any prior
agreements we might have had between us regarding Service.
21. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide
via Service, in our sole discretion without notice. We will not be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of Service, or the entire Service, to users, including registered
users.
22. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
23. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of Company to assert a right or provision under Terms shall not constitute a waiver
of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue in full force
and effect.
24. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY
THEM.
25. Contact Us
Please send your feedback, comments, requests for technical support:
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By email: hello@max-index.com.