TERMS OF SERVICE MAXIMIZEX PLATFORM

TRACKZEN INC. (“Company,” “we,” “us,” “our“) welcomes our users.

These Terms of Service (the “Terms“) govern your access to and use of the Maximizex – subscription-driven Software as a Service (SaaS) platform available at the following link: https://app.maximx.app/ (the “Platform“). The Platform is owned and controlled by the Company.

These Terms, any operating rules, and policies regarding relations with you, or related to the Platform, constitute a legally binding agreement made between you and the Company (the “Agreement“).

By accessing or using the Platform, you, acting on behalf of yourself or the business entity you represent (“you,” or “your“), confirm:

• you have read, understood, and agreed to be legally bound by all of Terms in full;
• you have the right, authority, and capacity to enter into Agreement;
• you have full legal capacity, which means you have reached the legal age and are not restricted otherwise; 
• you will comply with Terms and all applicable laws and regulations. 

IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Terms from time to time. We will alert you about any significant changes by updating the “Last updated” date of the Terms. It is your responsibility to periodically review the Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

The Platform are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to the Terms prior to using the Platform.

We recommend that you print a copy of the Terms for your records.

1. OUR SERVICES

The Platform provides you with the functionality for collecting, processing, analyzing, and visualizing data related to the activity of the e-commerce industry and the effectiveness of advertising campaigns as detailed at the following link https://app.maximx.app/ (the “Services”). Services are provided on a paid basis, subject to the monthly subscription, with features, data volume, and integrations determined by your chosen pricing plan, as detailed and updated at the following link https://app.maximx.app/.

The information provided when using the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Platform and related Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Platform. You may not use the Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner of all intellectual property rights to materials that belong to or included in our Platform and Services, including, but not limited, all source code, databases, functionality, software, algorithms, analytics models, format, structure, and presentation of outputs generated by Platform, documentation, manuals, instructional materials, designs, audio, sounds, video, text, information, photographs, and graphics (collectively, the “Content“), as well as the trademarks, service marks, and logos contained therein (the “Marks“).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

Your use of the Platform

Subject to your compliance with Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, non-transferable, revocable, worldwide license to:

• access and use the Platform; and
• use the Content or Marks to which you have properly gained access, solely in the manner provided for in these Terms.

Except as set out in this section or elsewhere in Terms, Platform, Content, or Marks or any of their elements may not be copied, modified, reproduced, aggregated, republished, uploaded, posted, publicly displayed, disclosed, decompiled, disassembled, translated, reverse engineered, encoded, translated, transmitted, distributed, sold, leased, licensed, sublicensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Company may release upgrades, modifications, updates, or enhancements to the Platform, Content, and Marks during the term of this license. Unless a separate license is provided with such changes, the terms of this license will apply to them.

The Company retains full ownership of all rights, title, and interest in the Platform, Contents and Marks, including the original version, any copies, and all related information, improvements, enhancements, or derivatives. All intellectual property rights associated with the software, in whole or in part, are and will remain the exclusive property of the Company.

If we grant you the permission to post, reproduce, or publicly display any part of our Platform, Content, or Marks you must identify us as the owners or licensors of the Platform, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Platform, Content or Mark.

We reserve all rights not expressly granted under the Terms to you in and to the Platform, Services, Content, and Marks.

Any breach of our intellectual property rights will constitute a material breach of the Terms, and your right to use the Platform will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using the Platform to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Platform.

By providing us any question, comment, suggestion, idea, feedback, or other information about the Platform or Services (“Submissions“), you agree to grant to us to the maximum extent permitted under applicable law a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, transferable, perpetual license to reproduce, distribute, perform, display, adapt, incorporate, modify or otherwise use and exploit Submissions.

You are responsible for what you post or upload. By sending us Submissions through any part of the Services, you:

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Platform or directly to us any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Platform and/or Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Platform. By submitting such data for registration, you confirm that you have the authority to represent the business entity and provide that data. If your authorization is revoked or expires, you must promptly notify us in writing and provide details of the new authorized representative.

You agree to keep your password confidential and will be responsible for all use of your account and password. 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

To get access to the Platform, you must purchase a monthly subscription, subject to the then-current subscription fee. The subscription fees are indicated on the pricing page following the link https://maximizex.com/. 

All payments for subscriptions are in US dollars.

We process your subscription payments via a third-party payment provider (specifically, Stripe) or through Visa/Mastercard. You may incur additional fees from Stripe, your bank, intermediary banks, or other financial service providers. If your local currency differs from the currency in which prices are listed, your bank or Stripe will apply the exchange rate effective on the purchase date, which is outside our control. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. 

You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  

We may change subscription prices at any time, provided we give you adequate prior notice of the increase before it takes effect. By continuing to use the Platform after the change becomes effective, you agree to pay the updated fees. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per business entity, or per order. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.If your sales volume exceeds the allocated limit for your plan in any billing cycle, you agree to pay additional overage charges at the rates outlined on the pricing page following the link https://maximizex.com/.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions regarding subscriptions, please email us at support@maximizex.com.

7. PROHIBITED ACTIVITIES

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content, Marks or enforce limitations on the use of the Platform and/or the Content, Marks contained therein.
• Use any information obtained from the Platform in order to harass, abuse, or harm another person.
• Make improper use of our support services, including intentionally submitting false reports of abuse or misconduct.
• Use the Platform or Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Platform.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content and Mark.
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or Services connected to the Platform.
• Harass or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Services.
• Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Platform.
• Create user accounts by automated means or under false pretenses.
• Use the Platform or Services as part of any effort to directly compete with us. 
• Sell or otherwise transfer your profile.

8. USER-GENERATED CONTRIBUTIONS

The Platform allows you to submit, upload, or provide data, materials, or any other information to use Services (collectively, “Contributions“). Contributions may be processed, analyzed, or shared as part of the Services or integrations with third-party systems, as permitted by these Terms. When you create or make available any Contributions, you thereby represent and warrant that:

• Your Contributions do not and will not infringe the intellectual property rights, including but not limited to the copyright, patent, trademark, trade secret, proprietary, or moral rights of any third party.
• You are the owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and third-party systems to use your Contributions in any manner contemplated by the Services and these Terms.
• Your Contributions comply with all applicable data protection and privacy laws.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not contain malicious code, viruses, or other harmful elements that could disrupt the Platform’s functionality or security
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of Terms, or any applicable law or regulation.

Any use of the Platform or Services in violation of the foregoing rules results in a breach of the Terms and may result in, among other things, termination, or suspension of your rights to use the Platform.

You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. You agree to grant us, to the maximum extent permitted under applicable law a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, transferable, perpetual license to reproduce, analyze, display, use, and exploit such Contributions in any other way to fulfil our obligations under the Terms.

9. THIRD PARTY INTEGRATIONS

As part of the functionality of the Platform, you may link your Platform’s account with online accounts you have with third-party service providers (each such account, a “Third-Party Account“) by either: (1) providing your Third-Party Account login information through the Platform (e.g. API or other secure method); or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. 

You represent and warrant that you are entitled to grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) data that you have provided to and stored in your Third-Party Account (the “Third-Party Data“) so that it is available on and through the Services via your Platform’s account. We will only access and process the Third-Party Data necessary to provide the Services (such as advertising campaign metrics, audience insights, sales, or customer metrics, etc.) in accordance with the Terms and applicable legislation.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Data may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Third-Party Data for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Third-Party Data. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

10. THIRD-PARTY WEBSITES AND CONTENT

The Platform may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware Terms no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. 

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

11. PLATFORM AND SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor your use of the Platform and Services for violations of Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

12. DATA PROTECTION

We care about data privacy and security. By using the Platform, you agree to be bound by our Privacy Policy posted on the Platform, which is incorporated into the Terms.

The Parties acknowledge and agree that, with respect to any personal data processed through the Platform, the Company acts as a data processor on behalf of you, the data controller. The Company will process personal data solely in accordance with your documented lawful instructions as outlined in the Terms, to comply with applicable law, or as otherwise agreed in writing. You shall ensure that the Company’s processing of your personal data, pursuant to your instructions, complies with all applicable laws, regulations, and rules.

You will not provide (or cause to be provided) any sensitive data (as defined in applicable data protection legislation) to Company for processing under the Terms, and Company will have no liability whatsoever for sensitive data, whether in connection with a data breach or otherwise. For the avoidance of doubt, Terms will not apply to sensitive data. Please be advised that the Platform is hosted in the United States. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical.

13. TERM AND TERMINATION

Terms shall remain in full force and effect while you use the Platform and Services. 

WITHOUT LIMITING ANY OTHER PROVISION OF TERMS, WE RESERVE THE RIGHT TO, AT ANY TIME IN OUR SOLE DISCRETION, WITH PRIOR  NOTICE AND WITHOUT OUR LIABILITY, TERMINATE OR DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party at the Platform. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS

We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Platform and Services, including correcting any typographical errors, inaccuracies, or omissions in the information provided at any time or for any reason at our sole discretion. We will provide prior notice for any modifications or corrections that significantly affect your rights and interests. Nothing in these Terms will be construed to obligate us to maintain and support the Platform and Services or to supply any corrections, updates, or releases in connection therewith.

We cannot guarantee the Platform or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform or Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services.

15. GOVERNING LAW

Terms and your use of the Platform are governed by and construed in accordance with the laws of the Delaware, USA, without regard to its conflict of laws principles, regardless of whether Delaware law otherwise governs the respective rights, remedies, liabilities, powers, or duties under Terms.

16. DISPUTE RESOLUTION

You agree that any dispute, controversy, or claim (collectively, “Dispute”) arising out of or relating to Terms — including disputes regarding their validity, interpretation, or enforceability — shall first be attempted to be settled through good-faith negotiations directly with us. If those negotiations fail, the Dispute shall be finally resolved exclusively by binding arbitration pursuant to the Delaware Rapid Arbitration Act, 10 Del. C. §§ 5801 et seq. (“DRAA”). Unless all parties otherwise agree in writing, the rules and procedures governing arbitration under the DRAA as adopted or interpreted by the Delaware courts (the “Arbitration Rules”) shall apply to the fullest extent permitted. If, for any reason, the arbitration clause is found to be inapplicable or unenforceable, you agree to the exclusive jurisdiction of the state or federal courts located in Delaware for the resolution of any Dispute. Any cause of action or claim you may have arisen out of or relating to these Terms must be commenced within one (1) year after the cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY. FURTHERMORE, NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.

17. DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE SPECIFIC OUTCOMES, INCLUDING CAMPAIGN PERFORMANCE OR DATA ACCURACY, AS OUTCOMES DEPEND ON YOUR CONFIGURATIONS AND EXTERNAL FACTORS. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM, SERVICES, CONTENT AND MATERIALS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN PLATFORM OR ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, fine, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform; (2) your breach of Terms; (3) any breach of your representations and warranties set forth in Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY, DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of the Terms or use of the Platform. You agree that the Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of Terms and the lack of signing by the parties hereto to execute Terms.

23. CONTACT US

Company Name: TRACKZEN INC.
File number: 4531425
Address: 30815 Phillips Branch Road, Millsboro, Delaware, zip code 19966

In order to resolve a complaint regarding the Platform or to receive further information regarding the use of the Services, please contact us at: support@maximizex.com.