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MAXER TERMS OF SERVICE

Last Updated: November 8, 2025

These Terms of Service ("Terms," "Agreement") govern your access to and use of the Maxer mobile application, website, content, products, and related services (collectively, the "App," "Service," or "Services") provided by Maxer Inc., a Delaware corporation ("Maxer," "we," "our," or "us").

By downloading, installing, accessing, or using the App, you ("you," "your," "User") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the App.

1. ELIGIBILITY

1.1 You must be at least 18 years old and capable of forming a binding contract under applicable law to use the App.

1.2 By creating an account, you represent and warrant that all information you provide is true, accurate, and complete, and that you will maintain it accordingly.

1.3 The App is not available to individuals previously suspended or removed by Maxer.

2. DESCRIPTION OF SERVICE

2.1 Overview. Maxer is a performance-and-wellness application that analyzes facial imagery and user inputs through artificial-intelligence ("AI") technology to generate indicators of hydration, stress, recovery, and sleep, and to deliver personalized workout or recovery plans.

2.2 Non-Medical Nature. The App provides wellness information only. It is not a medical or diagnostic device and does not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before making health decisions.

2.3 Third-Party Integrations. The App integrates third-party services including Firebase, Google Sign-In, Apple Sign-In, RevenueCat, and Superwall for authentication, analytics, cloud storage, and subscription management. Your use of these features may also be subject to the terms and privacy policies of those providers.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 To access certain features, you must register for a Maxer account using an email address or social-login credentials (Apple ID / Google ID).

3.2 You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify Maxer immediately of any unauthorized access.

3.3 Maxer is not liable for losses resulting from unauthorized account use. We may suspend or terminate any account that appears compromised, inactive, or in violation of these Terms.

4. LICENSE GRANT AND RESTRICTIONS

4.1 Subject to your compliance with these Terms, Maxer grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a compatible iOS device solely for personal, non-commercial purposes.

4.2 You may not:

  • (a) copy, modify, reverse-engineer, decompile, or disassemble the App;
  • (b) use the App for illegal, harmful, or deceptive purposes;
  • (c) use any automated means to access or collect data;
  • (d) remove proprietary notices or branding; or
  • (e) interfere with security features or integrity of the Service.

4.3 All rights not expressly granted are reserved by Maxer.

5. USER CONTENT AND CONDUCT

5.1 User Content. Certain App features may allow you to submit, upload, or transmit content ("User Content"), such as photos, face scans, text entries, or feedback.

5.2 You retain ownership of your User Content but grant Maxer a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, process, display, and analyze that content solely to operate, improve, and provide the Services.

5.3 You represent that your User Content does not infringe any third-party rights and complies with all laws.

5.4 Prohibited conduct includes (without limitation):

  • Posting false or misleading information;
  • Attempting to gain unauthorized access to systems;
  • Harassing, abusing, or threatening others;
  • Uploading malware or malicious code;
  • Using the Service to collect data about others without consent.

5.5 Maxer reserves the right to remove any User Content or terminate accounts that violate these Terms.

6. SUBSCRIPTIONS, PAYMENTS, AND BILLING

6.1 In-App Purchases. Certain features require a paid subscription. Purchases are processed via the Apple App Store using RevenueCat and Superwall for entitlement validation.

6.2 Billing. When you subscribe, you authorize Apple to charge your payment method according to App Store terms. Maxer itself does not directly store credit-card information.

6.3 Auto-Renewal. Subscriptions renew automatically unless canceled at least 24 hours before the renewal date. You may manage or cancel via your Apple ID settings.

6.4 Free Trials. Trial offers are available once per user. If you do not cancel before the trial ends, your subscription will convert to a paid plan.

6.5 Refunds. All purchases are subject to Apple's refund policy. Maxer cannot issue refunds directly.

6.6 Price Changes. Maxer may change subscription fees with prior notice; continued use after notice constitutes acceptance.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual-property rights in the App and its contents—including software, design, algorithms, graphics, and text—are owned by Maxer or its licensors.

7.2 Nothing in these Terms transfers any intellectual-property ownership to you. You receive only a limited license to use the App as described above.

7.3 You may not use Maxer's trademarks, logos, or branding without prior written permission.

8. PRIVACY AND DATA PROCESSING

8.1 Your use of the App is governed by the Maxer Privacy Policy, which forms part of these Terms.

8.2 By using the App, you consent to the collection and processing of personal and biometric-style data as described in the Privacy Policy.

8.3 You acknowledge that while Maxer employs industry-standard safeguards, no system is perfectly secure, and you use the App at your own risk.

9. AI-GENERATED OUTPUTS AND LIMITATION OF RELIANCE

9.1 The App uses machine-learning algorithms to generate insights. These are estimates, not facts.

9.2 Outputs may vary due to device differences, lighting, or algorithmic limitations.

9.3 Maxer makes no warranty regarding the accuracy, reliability, or completeness of any AI-generated data.

9.4 You agree not to rely on the App for medical, diagnostic, or safety-critical decisions. All actions you take based on App information are at your sole risk.

10. TERMINATION

10.1 You may terminate your account at any time through the in-App "Delete Account" function or by contacting support@maxer.pro.

10.2 Maxer may suspend or terminate your access immediately, without notice, if you:

  • (a) breach these Terms;
  • (b) engage in fraudulent or illegal activity; or
  • (c) create risk or possible legal exposure for Maxer.

10.3 Upon termination, your right to use the App ceases immediately, and you must delete all copies of the App. Certain obligations (e.g., indemnities, limitations of liability) survive termination.

11. DISCLAIMER OF WARRANTIES

11.1 As-Is Service. The App and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied.

11.2 No Medical Warranty. Maxer makes no representation that the App's metrics, analyses, or recommendations are accurate, complete, or medically reliable. Maxer disclaims any responsibility for medical decisions or outcomes derived from App insights.

11.3 Third-Party Systems. Maxer is not responsible for the performance, accuracy, or availability of third-party services such as Apple, Google, Firebase, RevenueCat, or Superwall.

11.4 No Guarantee of Results. Maxer does not warrant that use of the App will produce specific performance, fitness, or wellness results.

11.5 Service Interruptions. Maxer does not guarantee uninterrupted or error-free operation and may temporarily suspend access for maintenance or updates.

12. LIMITATION OF LIABILITY

12.1 To the maximum extent permitted by law, Maxer and its officers, directors, employees, affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or in connection with:

  • (a) your use or inability to use the App;
  • (b) any reliance on App data or insights;
  • (c) unauthorized access or use of servers or data;
  • (d) service interruptions, bugs, or system failures;
  • (e) user content, conduct, or third-party links; or
  • (f) any loss of profits, revenue, data, goodwill, or other intangible losses.

12.2 In no event shall Maxer's total liability exceed the amount you paid (if any) for Services in the 12 months preceding the claim, or USD $50, whichever is less.

12.3 The limitations above apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if Maxer has been advised of the possibility of such damages.

13. ASSUMPTION OF RISK

13.1 You acknowledge and agree that:

  • AI-generated data may include inaccuracies or bias.
  • Using biometric analysis carries inherent technological and privacy risks.
  • Physical activity, exercise, and wellness routines involve risks of injury.

13.2 You voluntarily assume all risks arising from your use of the App and release Maxer from any liability related to such use.

14. INDEMNIFICATION

14.1 You agree to indemnify, defend, and hold harmless Maxer and its affiliates, officers, employees, and partners from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) resulting from or arising out of:

  • (a) your use or misuse of the App;
  • (b) your violation of these Terms;
  • (c) your violation of any law or third-party rights; or
  • (d) any User Content you submit.

14.2 Maxer reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in such defense.

15. INTELLECTUAL PROPERTY COMPLAINTS

15.1 Maxer respects intellectual-property rights. If you believe content on the App infringes your IP rights, please notify us at support@maxer.pro with detailed evidence.

15.2 We may remove or disable access to alleged infringing content and may terminate repeat infringers' accounts under the Digital Millennium Copyright Act (DMCA) and applicable laws.

16. APP MODIFICATIONS AND SERVICE CHANGES

16.1 Maxer may modify, update, or discontinue any part of the App at any time, with or without notice.

16.2 We may release software updates, bug fixes, or new versions that alter functionality. Continuing to use the App after updates constitutes acceptance of the modified Service.

16.3 Maxer is not liable for any modification, suspension, or discontinuance of the App.

17. DISPUTE RESOLUTION AND ARBITRATION

17.1 Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

17.2 Arbitration shall occur in Delaware, USA, before a single arbitrator, and the proceedings shall be conducted in English.

17.3 Waiver of Jury Trial. You waive the right to a trial by jury in any proceeding related to these Terms.

17.4 Injunctive Relief. Either party may seek injunctive or equitable relief in court for unauthorized use of intellectual property or confidential information.

17.5 Confidentiality. All arbitration proceedings are confidential and may not be disclosed without written consent.

17.6 Costs. Each party bears its own costs unless the arbitrator decides otherwise under applicable rules.

18. CLASS-ACTION WAIVER

You and Maxer agree that all claims will be brought on an individual basis only. No arbitration or court proceeding shall be combined with another without the prior written consent of all parties. You waive any right to participate in a class, collective, or representative action.

19. GOVERNING LAW

19.1 These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

19.2 For matters not subject to arbitration, you consent to exclusive jurisdiction of the state and federal courts located in Delaware.

20. FORCE MAJEURE

Maxer shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, pandemics, or governmental actions.

21. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any additional agreements or disclosures within the App, constitute the entire understanding between you and Maxer and supersede all prior or contemporaneous communications, representations, or agreements.

23. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Maxer's prior written consent. Maxer may freely assign its rights and obligations to any affiliate, successor, or acquirer.

24. NOTICES

All notices or communications under these Terms must be sent to support@maxer.pro. We may provide notices to you via email, in-App notifications, or postings within the App.

25. EXPORT COMPLIANCE

You agree to comply with all applicable export and re-export restrictions and regulations. You represent that you are not located in a country subject to U.S. sanctions and are not a person or entity prohibited from receiving U.S. exports.

26. NO WAIVER

Failure by Maxer to enforce any right or provision shall not constitute a waiver of such right or provision.

27. INTERPRETATION

Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. "Include" means "include without limitation."

28. CONTACT INFORMATION

Maxer Inc.
Email: support@maxer.pro
Website: https://maxer.pro

29. ACKNOWLEDGEMENT

By creating an account, scanning your face, or using any Maxer feature, you acknowledge that you have read, understood, and agree to these Terms of Service and the incorporated Privacy Policy.

© 2025 Maxer Inc. All Rights Reserved.