Terms of Service

01 Acceptance of Terms

By creating a Maxflow account, accessing our platform, or clicking "I Agree," you ("Customer" or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use Maxflow. We may update these Terms from time to time. Continued use after changes take effect constitutes acceptance.

02 Description of Service

Maxflow ("we," "us," "our") provides an AI-powered marketing automation platform for small and medium-sized businesses. Features include:

• AI content generation (text, images, video scripts) powered by Google Gemini and other AI providers
• Lead capture, scoring, and CRM pipeline management
• Automated SMS and email follow-up via an AI agent ("Max")
• Social media scheduling and campaign management
• Analytics and performance reporting

We reserve the right to add, modify, or remove features at any time. We will provide reasonable notice for material changes that affect existing functionality.

03 Accounts & Eligibility

To use Maxflow you must: (a) be at least 18 years old; (b) be a legal business entity or sole proprietor; (c) provide accurate registration information; and (d) keep your account credentials confidential.

You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We are not liable for losses caused by unauthorized use of your account.

04 Subscriptions & Billing

Subscription Plans

Maxflow is offered on monthly or annual subscription plans. Current pricing is available at getmaxflow.com/#pricing. Prices are in USD and exclude applicable taxes.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will send a renewal reminder 7 days before annual subscriptions renew.

Free Trial

We offer a 14-day free trial with full access to all Growth plan features. No credit card is required to start a trial. At the end of the trial, your account will be downgraded to a free tier (with limited features) unless you enter payment information and subscribe.

Refunds

Monthly subscriptions are non-refundable after the billing date. Annual subscriptions may be refunded on a pro-rated basis within 30 days of the annual payment date, minus any credits consumed. To request a refund, contact [email protected].

Price Changes

We may change subscription prices. We will give you at least 30 days' notice before a price increase takes effect. Your continued use after the effective date constitutes acceptance of the new price.

Taxes

You are responsible for all applicable taxes, levies, duties, or similar governmental charges. Where required by law, we may collect and remit sales tax on your behalf.

Payment Processor

Payments are processed by Stripe. By subscribing, you also agree to Stripe's Terms of Service.

05 Credit System

Some Maxflow features (such as AI content generation) consume credits. Credits are included with your subscription plan or may be purchased as add-ons.

• Credits are non-transferable and have no cash value.
• Unused credits do not roll over between billing periods unless stated in your plan description.
• Credits consumed for AI-generated content are not refundable if you are dissatisfied with the output.
• We reserve the right to adjust credit costs for features with reasonable notice.

06 Acceptable Use Policy

You agree not to use Maxflow to:

• Send unsolicited bulk messages (spam) to people who have not opted in to hear from you.
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, CASL, or any other applicable communication and privacy law.
• Upload, generate, or distribute content that is illegal, defamatory, harassing, hateful, obscene, or that infringes third-party rights.
• Impersonate any person or entity or misrepresent your affiliation.
• Attempt to reverse-engineer, decompile, or extract our source code or AI models.
• Use the platform to develop a competing product or service.
• Introduce malicious code, viruses, or disrupt the platform's operation.
• Harvest or scrape user data from Maxflow without authorization.
• Use the service for any unlawful purpose or in violation of these Terms.

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

07 AI Features & Content

AI-Generated Content

Maxflow uses third-party AI models (including Google Gemini) to generate content. You own the content generated for your account. However, you are responsible for reviewing AI output before publishing, sending, or using it commercially.

Content Restrictions

You may not use Maxflow's AI features to generate content that: (a) violates our Acceptable Use Policy; (b) infringes third-party intellectual property rights; (c) is deceptive, misleading, or designed to manipulate; (d) facilitates discrimination; or (e) is prohibited by the terms of the underlying AI provider.

Automated Agent Actions

Max (our AI agent) can take actions on your behalf including sending messages and updating your pipeline. You authorize these actions by configuring and enabling automations. Review your automation settings regularly to ensure they reflect your current business intent.

08 Your Data

You retain all ownership rights to the data you upload, import, or create in Maxflow ("Customer Data"). You grant Maxflow a limited, non-exclusive, worldwide license to process and store Customer Data solely to provide the service to you.

Maxflow does not claim ownership of your Customer Data and will not use it for any purpose other than providing the service, except as described in our Privacy Policy. You represent and warrant that you have the right to provide the Customer Data to Maxflow and that its use as described herein will not violate any third-party rights.

Upon termination, we will make your Customer Data available for export for 30 days. After that period, we will delete it in accordance with our data retention policy.

09 Intellectual Property

Maxflow and its licensors own all rights to the platform, including software, designs, trademarks, and AI models. Nothing in these Terms grants you any rights in our intellectual property except the limited right to use the service as described herein.

You retain all rights in your brand assets, customer data, and AI-generated content produced in your account. The Maxflow name, logo, and "Max" agent are our trademarks and may not be used without our written permission.

10 Third-Party Services

Maxflow integrates with third-party services (Facebook, Instagram, Google Ads, Twilio, Stripe, etc.). Your use of those integrations is also governed by the third party's terms and privacy policies. Maxflow is not responsible for the availability, accuracy, or conduct of third-party services.

11 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

We do not guarantee specific business outcomes, lead volumes, revenue increases, or conversion rates from using Maxflow. Results vary by business, market, and use of the platform.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXFLOW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MAXFLOW IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13 Indemnification

You agree to indemnify, defend, and hold harmless Maxflow and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the service; (b) your violation of these Terms; (c) your Customer Data; (d) your violation of any third-party rights; or (e) your violation of applicable law, including TCPA violations.

14 Termination

By You

You may cancel your subscription at any time from your account settings. Cancellation stops future billing but does not entitle you to a refund of amounts already charged, except as stated in our refund policy.

By Us

We may suspend or terminate your account immediately if: (a) you violate the Acceptable Use Policy; (b) you breach any material term of these Terms; (c) we are required to do so by law; or (d) your account has been inactive for more than 12 months on a free plan.

For non-material breaches, we will give you 14 days' notice and an opportunity to cure before terminating.

Effect of Termination

Upon termination, your right to use the service ends immediately. Provisions that should survive termination (including Sections 8, 9, 11, 12, 13, 15) will survive.

15 Dispute Resolution

Informal Resolution

Before initiating formal proceedings, please contact us at [email protected]. We will attempt to resolve any dispute informally within 30 days.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of Maxflow shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), not in court. The arbitration shall be conducted in English in the State of Delaware.

Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm. Small claims court claims within applicable jurisdictional limits may also be brought in small claims court.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16 General Provisions

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Maxflow regarding the service.
• Severability: If any provision is unenforceable, the remaining provisions remain in full effect.
• No Waiver: Our failure to enforce any right or provision is not a waiver of that right.
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for failures caused by events outside our reasonable control (natural disasters, internet outages, government actions, etc.).
• Notices: We will send legal notices to the email address on your account. You may send legal notices to [email protected].