Terms of Service

Last Updated: 1 September, 2024

1. Overview

Welcome to MaxGuard!

This document constitutes the Terms of Use (“Terms”) between you (“User”) and MaxGuard, or any authorized company by MaxGuard (“Company”, “us”, “we”). By accessing the Company’s website at https://maxguard.io/ (including all subdomains, collectively the “Website”) and/or using the Company’s services, features, technologies, or functionalities (“Services”), you agree to these Terms.

 

This legally binding contract governs your use of all MaxGuard internet services, applications, and related cloud services (collectively “Services”).

 

Involved Parties:

  • MaxGuard: A Hong Kong-based Limited Liability Corporation, referred to as “MaxGuard,” “Us,” or “We.”
  • User: The party submitting an application to use MaxGuard’s services, referred to as the “User” or “Client.”

 

By creating an account or using any services offered by MaxGuard, you agree to be bound by these Terms of Service (“Terms & Conditions,” “Terms,” or “TOS”). These Terms govern your engagement and utilization of specific services or features offered through the MaxGuard Platform, owned and operated by MaxGuard.

 

By completing the registration process or utilizing the MaxGuard Platform, you agree to be legally bound by these Terms. These Terms take effect upon your registration as a user. The Data Processing Agreement and End User Privacy Policy of MaxGuard are integral parts of these Terms. MaxGuard’s privacy policy, governing the processing of personal data, is accessible at https://maxguard.io/privacy-policy/ (“Website Privacy Policy”), and is hereby incorporated by reference into this Agreement, constituting an integral part of these Terms.

 

Please read these Terms carefully. They outline the rights and obligations between you and MaxGuard, including limitations and exclusions of liability. By creating an account or continuing to use any of the Services, you indicate your acceptance and agreement to comply with these Terms and Conditions. If you do not agree with any part of these Terms, do not create an account or continue to use the Services.

 

These Terms of Service represent a legally binding agreement that applies to all users of MaxGuard’s Services. Whether you are an individual or representing an entity, you acknowledge and agree to be bound by these Terms.

 

It is important to note that these Terms may be updated from time to time. The most recent version will always be available on the MaxGuard website or platform. You are responsible for reviewing and familiarizing yourself with any changes to the Terms. If MaxGuard considers a modification to be material, such as changes that significantly impact your rights or obligations, we will notify you via email or through other means provided in the Services. By continuing to access or use the Services after the modified Terms have come into effect, you affirm your acceptance of the revised Terms. If you do not agree to the amended conditions, you must discontinue use of the Services.

 

By creating an account or utilizing any of the Services, you confirm that you have reached the legal age required to enter into a binding agreement in your jurisdiction. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and to act on its behalf.

 

These Terms constitute the entire agreement between you and MaxGuard regarding the Services and supersede any prior communications, discussions, or agreements, whether oral or written, relating to the subject matter of this Agreement.

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect. The failure of MaxGuard to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

By creating an account or logging into the Service, you acknowledge that your electronic acceptance of these Terms signifies that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these Terms, do not create an account or use any MaxGuard Services.

These Terms become effective upon your first access to the Website or use of Services. If you disagree with any provision, you must immediately cease using the Website and Services. If you use Services on behalf of an entity, you confirm you are authorized to accept these Terms on its behalf, making the entity responsible for any breaches by you or its agents.

2.User's Acknowledgment and Acceptance of Terms

MaxGuard, referred to as “MaxGuard,” “Us,” or “We,” provides the MaxGuard.io site and a range of related services (collectively referred to as the “Site” or “Services”) to you, the User, Client, or Customer (collectively referred to as the “User” or the “Client”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (referred to as the “Terms of Service,” “Terms and Conditions,” “Agreement,” or “Terms”), as well as any other written agreement between us and you. Additionally, while utilizing specific services or materials on this website, users are subject to any stated rules relevant to such services or content, which may contain additional terms and conditions. All such policies or guidelines are hereby incorporated by reference into these terms and conditions.

 

BY USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

 

These Terms of Service are effective as of July 1, 2024. We reserve the right to modify these Terms of Service at any time without prior notification. You understand and agree that it is your responsibility to regularly review this site and these Terms of Service to become familiar with any updates. Your continued use of this website after any adjustments constitutes your acceptance of the revised Terms of Service and your commitment to abide by and be bound by them.

 

For the purpose of these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers. It encompasses all parties involved in creating, producing, and/or delivering this site and/or its contents, without limitation.

 

By accepting these Terms of Service, you acknowledge that you have read, understood, and agreed to be bound by all the provisions set forth in this Agreement. These Terms of Service govern your use of the MaxGuard site and Services, establishing the legal relationship between you and MaxGuard. It is essential that you read these Terms carefully and ensure that you comprehend all aspects before using the Site or any associated Services.

 

In the event of any conflict or inconsistency between these Terms of Service and any other agreement between you and MaxGuard, these Terms of Service shall prevail unless expressly stated otherwise.

 

If you do not accept or agree to these Terms of Service or any part thereof, or if you are not authorized to do so, please refrain from accessing or using the MaxGuard Site and Services. Your continued use of the Site and Services implies your consent and acceptance of these Terms, as well as your commitment to comply with all applicable laws and regulations.

3.Description of Services

MaxGuard provides a comprehensive, cloud-based platform designed to enable clients to analyze, track, and filter incoming website traffic for the purpose of improving security, optimizing user experience, and protecting against fraudulent activity. The “MaxGuard Platform” refers to MaxGuard’s proprietary web application, which offers a suite of tools for real-time traffic monitoring, detailed visitor analysis, and advanced traffic filtering. These services include, but are not limited to, bot detection, proxy/VPN identification, geolocation-based content customization, and fraud prevention measures.

The MaxGuard Platform is hosted on secure servers managed by MaxGuard, and is accessible to Clients via the website MaxGuard.io (hereafter referred to as the “Website”). Clients access the Platform through a secure, encrypted connection, ensuring the integrity and confidentiality of their data.

In order to utilize the MaxGuard Platform effectively, clients must have a stable internet connection and a modern web browser. The platform is compatible with most contemporary browsers, and requires JavaScript to be enabled for full functionality. Additional compatibility may be required for certain advanced features, which will be communicated to the client during service onboarding.

Clients who wish to access and use MaxGuard’s services are required to purchase a subscription plan (referred to as the “Subscription”), which outlines the specific terms, service levels, and duration under which they are entitled to use the MaxGuard Platform. The Subscription Plans vary based on factors such as the number of visitors filtered, the level of traffic analysis provided, and the degree of fraud protection required. Clients must carefully review and select the Plan that meets their needs, understanding that MaxGuard’s obligations are limited to the scope and services outlined in the selected Plan.

MaxGuard reserves the right to update or modify the features and functionality of the Platform to ensure the service remains current and in line with industry standards. Any significant changes to the core functionality of the Platform will be communicated to Clients in advance.

MaxGuard is built on the premise that website operators have a fundamental right to control access to their platforms and customize the content presented to their visitors. This right extends to blocking unwanted visitors, including competitors, spy tools, or fraudulent actors, to maintain the integrity and security of their website. While we acknowledge that our platform could potentially be used in ways that conflict with the policies of other entities, MaxGuard is not designed for such purposes and cannot autonomously monitor user activity. Users are expected to adhere to our Terms of Service, with Sections 6, 7, 55, 56, and 57 explicitly prohibiting the use of our platform to breach the security or terms of other companies. Legitimate use cases, such as blocking competitors’ media buying teams, are permissible, provided they are non-nefarious and comply with ethical and legal standards.

In general, many large websites utilize traffic filtering and cloaking techniques to enhance user experiences and secure their platforms. These methods, such as geolocation, device identification, and content optimization, are commonly used to deliver personalized content and protect against malicious visitors. Without such tools, the dynamic nature of websites would be compromised, leaving them vulnerable to abuse and fraud.

It is important to note that MaxGuard is not a web hosting service and does not host the content (landing pages, web sites etc.) of the Client. Instead, our focus is to provide clients with a range of powerful tools and APIs that can be easily implemented on their web hosting servers.

Our service is hosted on our secure servers and can be accessed by the Clients through the domain www.MaxGuard.io and other associated domains. The MaxGuard.io website offers a diverse array of services aimed at enhancing the security and efficiency of online operations. These services include but are not limited to Fraud Detection, Data Validation, Click Quality, Traffic Filtering, User & Payment Screening, and similar solutions. To utilize our services, you are responsible for providing all necessary equipment, including a computer, modem, and Internet access, as well as ensuring the payment of any fees associated with such access.

Please be aware that we reserve the right, with or without prior notice, to modify or discontinue any aspect of the site, including specific services offered, at our discretion. In exercising this right, we shall not be held liable to you or any third party for any resulting consequences. Additionally, any new features or functionalities that are introduced to augment or expand the existing services on our website will also be subject to these Terms of Service.

At MaxGuard, we are committed to continuously improving and evolving our services to meet the needs of our clients. Therefore, while we strive to provide a stable and reliable platform, we may make updates, enhancements, or adjustments to our services from time to time. We will make reasonable efforts to notify you of any significant changes that may impact your use of our services, but it remains your responsibility to stay informed about any updates to these Terms of Service and any relevant policies or guidelines.

By accessing and using our services, you acknowledge and agree that MaxGuard retains full ownership and control over the platform, including the website, infrastructure, technology, and intellectual property associated with our services. You further understand that the provision of our services is subject to compliance with applicable laws, regulations, and these Terms of Service.

It is important to note that our services are intended for lawful purposes only. You must not use our services for any illegal, unauthorized, or prohibited activities. This includes but is not limited to activities that violate intellectual property rights, infringe upon the privacy of individuals, engage in fraudulent behavior, or distribute malicious software.

We value the privacy and security of our clients’ data. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information. By using our services, you consent to the collection and processing of your data as described in our Privacy Policy.

MaxGuard reserves the right to refuse service to anyone at any time for any reason. We may, at our sole discretion, terminate or suspend your access to our services if we believe that you have violated these Terms of Service or engaged in any activities that may harm the integrity or security of our platform or the experience of other users.

We are constantly striving to improve our services and welcome any feedback or suggestions you may have. If you have any questions, concerns, or inquiries regarding our services or these Terms of Service, please contact us through the designated channels provided on the MaxGuard.io website. We will make reasonable efforts to address your inquiries promptly and efficiently.

By utilizing our services, you affirm that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to these terms or any part of them, or if you are not authorized to do so, please discontinue your use of the MaxGuard platform and services. Your continued use of our services signifies your acceptance of these Terms of Service and your commitment to comply with all applicable laws and regulations.

Nature of Services Provided by MaxGuard

MaxGuard’s Service Scope

MaxGuard is dedicated to providing robust digital solutions, including advanced tools and APIs, designed to enhance and secure the online presence of our clients. It is crucial for users and clients to understand that MaxGuard is not a web hosting provider and does not host any content such as landing pages, websites, or any other form of digital content that belongs to the client.

Clarification of Services:
– Tools and API Integration: MaxGuard offers a suite of powerful tools and APIs that clients can integrate into their existing web hosting environments. These tools are designed to optimize and protect your digital operations without taking on the role of a hosting provider.
– No Content Hosting: MaxGuard does not store or serve any client content on its servers. All client content must be hosted independently on the client’s own web hosting services. MaxGuard’s role is strictly limited to providing tools that operate on your existing infrastructure.
– Client Responsibility: It is the responsibility of each client to secure appropriate web hosting services for their digital content. MaxGuard’s services are to be seen as enhancements to your existing infrastructure, designed to improve functionality and security based on the tools and APIs we provide.

Purpose of Service Limitation:
– Focus on Enhancement and Security: The primary focus of MaxGuard is to enhance the security and efficiency of client websites through specialized tools and applications. By maintaining a clear boundary between tool provision and content hosting, MaxGuard ensures that clients receive specialized support that complements their chosen hosting solutions.
– Legal and Operational Clarity: This distinction helps prevent any misunderstandings about the nature of our services and ensures legal clarity. It defines the operational boundaries within which MaxGuard and its clients operate, thus safeguarding both parties against potential disputes over service expectations.

4. Services

The provision of Services by MaxGuard is subject to certain limits and conditions that are tied to the specific service being offered. These limits may include factors such as the duration of the license (e.g., 1 month) or the maximum number of usages allowed (e.g., 10,000 clicks). It is important to note that each purchased license will come with its own terms of usage and limitations, which will be clearly outlined and communicated to you.

 

These terms and limitations associated with the Services are put in place to ensure fair usage and to maintain the quality and availability of the Services for all users. By accepting the license for a particular service, you agree to adhere to the specified terms and limitations.

 

MaxGuard reserves the right to update and modify the Services periodically at its sole discretion. These updates may include changes to features, functionality, or performance enhancements. MaxGuard may make these updates with or without prior notice to users. It is recommended that you regularly review the terms and conditions associated with the Services to stay informed of any changes.

 

While MaxGuard strives to provide a reliable and uninterrupted service, it is important to acknowledge that occasional disruptions or temporary unavailability of the Services may occur due to maintenance, upgrades, or unforeseen circumstances. MaxGuard will make reasonable efforts to minimize any potential downtime and restore the Services as quickly as possible.

 

It is important to use the Services in compliance with applicable laws, regulations, and industry standards. You are responsible for ensuring that your use of the Services is lawful and does not infringe upon the rights of others. Any misuse, abuse, or unauthorized use of the Services is strictly prohibited and may result in the termination or suspension of your account and access to the Services.

 

By using the Services, you acknowledge and agree that MaxGuard has the right to collect and use certain information related to your usage of the Services. This information may include, but is not limited to, usage statistics, system logs, and diagnostic data. The collection and use of this information are subject to MaxGuard’s Privacy Policy.

 

MaxGuard will make reasonable efforts to provide technical support and assistance for the Services. The level of support and available channels of communication may vary depending on the specific service and your license type. Details regarding support options will be provided along with the specific service offering.

 

Please be aware that while MaxGuard endeavors to provide accurate and up-to-date information, the Services may contain errors, inaccuracies, or typographical errors. MaxGuard does not warrant the accuracy or completeness of the information provided through the Services and disclaims any liability for any such errors or inaccuracies.

 

By using the Services, you agree to release and hold harmless MaxGuard, its officers, directors, employees, and agents from any claims, damages, or losses arising out of or in connection with your use of the Services. This includes, but is not limited to, any direct, indirect, incidental, consequential, or punitive damages.

 

It is important to carefully review the Terms associated with each specific service offered by MaxGuard to fully understand the rights, limitations, and obligations applicable to your use of the Services. Your continued use of the Services constitutes your acceptance of these terms and conditions.

 

Third-Party Services and API Domains

MaxGuard utilizes third-party services, including CDN providers, for managing API domains. These domains are not owned or controlled by MaxGuard, and access is restricted to paid members only. Users acknowledge and agree that MaxGuard is not responsible for the actions or policies of these third-party services. By using our Services, you agree to abide by our Terms of Service and not to use the platform for any nefarious purposes, including circumventing the security and terms of other companies.

5. Conduct on the Site

Your use of the MaxGuard website and API/bulk services is subject to compliance with all applicable laws and regulations. You are solely responsible for the content of your website-based communications. By using any communications service, chat room, message board, newsgroup, software library, or other interactive service available on or through the MaxGuard site, you agree not to upload, share, post, or distribute any content (including text, communications, software, images, sounds, data, or other information) that violates the following terms and conditions:

 

1) The content is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates MaxGuard’s rules or policies.
2) The content victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
3) The content knowingly infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
4) The content constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
5) The content knowingly contains software viruses or any other computer code, files, or programs designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party.
6) The content impersonates any person or entity, including any of MaxGuard’s employees or representatives.

We do not endorse or assume responsibility for the content uploaded or contributed by third-party users. While we do not typically pre-screen, monitor, or edit user-submitted content on communications services, chat rooms, bulletin boards, newsgroups, software libraries, or other interactive services available through the MaxGuard website, we reserve the right, at our sole discretion, to delete any content that we believe violates these Terms of Service, our rules of behavior, or is otherwise harmful, objectionable, or inaccurate. We are not liable for any failure or delay in removing objectionable content. By using the MaxGuard website, you consent to the removal of such content and waive any claims against MaxGuard related to the removal of said content. For information on addressing any concerns regarding content infringement, please refer to the sections 11 and 12 below.

 

Furthermore, you may not use your account to compromise the security of another account or gain unauthorized access to another network or computer. Please note that certain portions of the site may not be accessible to you or other authorized users. You shall not interfere with the use and enjoyment of the website or similar services by others. Users who breach the security of a system or network may be subject to criminal or civil penalties.

 

Moreover, you agree to comply with all applicable state and federal regulations, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act of 1991. MaxGuard services must not be used to circumvent these regulations.

 

You agree that we may, at any time and in our sole discretion, without prior notice, cancel your membership, account, or other association with our site for violating any of the aforementioned terms. In addition, you accept that we shall cooperate completely with investigations of suspected criminal violations of system or network security at other locations, including working with law enforcement agencies.

6. Restrictions on Use

At MaxGuard, we have developed our platform with the fundamental belief that website operators should have the autonomy to regulate and block unwanted visitors, including competitors, spy tools, and fraudulent individuals. Our comprehensive suite of fraud prevention tools is designed to streamline quality control measures, ensuring the prevention of bots, fake accounts, fraudsters, suspicious transactions, and malicious users, all while maintaining a seamless user experience.

 

With MaxGuard, you can effectively combat various forms of fraudulent activities, such as fake user accounts, abusive bots, chargeback fraud, affiliate and ad fraud, proxy and bot misuse, fabricated click activities, credit card fraud, deceptive applications, and the misuse of virtual private networks (VPNs) and the TOR network. Our intuitive tools and APIs empower you to tackle these issues effortlessly, providing you with a robust defense against potential threats.

 

It is important to note, however, that while our platform exists to protect your websites and online assets, it is essential to respect the policies and terms of others. As an independent and highly autonomous platform, we do not actively monitor user activity. Instead, we rely on our users to uphold and abide by our Terms of Service, which explicitly states in Section 6,7, 8 and 9 that our platform may not be utilized to breach the security measures and terms of other companies.

 

We emphasize the importance of responsible and ethical usage of our platform. By incorporating MaxGuard into your website operations, you gain a powerful ally in maintaining the integrity and security of your online presence. We trust that our users will utilize our services in a manner that aligns with legal and ethical standards, fostering a digital ecosystem built on trust and mutual respect.

 

Should any misuse or violation of our Terms of Service occur, we reserve the right to take appropriate action, which may include the suspension or termination of user accounts. Furthermore, we may cooperate with relevant authorities and affected parties to ensure accountability and adherence to the law.

 

At MaxGuard, we remain committed to providing a reliable and effective solution to safeguard your digital assets while promoting responsible and lawful usage of our platform.

Except as specifically provided in this Agreement, you are not permitted to:

1) Use, reproduce, modify, or create derivative works of the Service.
2) Use or allow the use of the Service or any MaxGuard Technology, except in accordance with the limited rights expressly set out in this Agreement.
3) Use the Service in any manner inconsistent with the user documentation, if provided by MaxGuard, or inconsistent with MaxGuard’s standard security procedures, if applicable.
4) Attempt to reverse engineer, hack into, or compromise any aspect of the Service or MaxGuard Technology, or attempt to access data of any other MaxGuard customer.
5) Remove, obscure, or alter any legal notices, including notices of intellectual property rights, appearing in or on any materials provided by MaxGuard.
6) Use, post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Service.
7) Use any automated data gathering or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor the MaxGuard.io website or any portion thereof without express written consent from MaxGuard, which may be withheld at MaxGuard’s sole discretion.
8) Modify, translate, reverse engineer, decompile, or disassemble the Services; directly or indirectly export or re-export the Services.
9) Transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell, or otherwise distribute or allow third-party access to all or any portion of the Service, including sharing your access username and/or password.
10) Otherwise misuse MaxGuard’s website and its Services, including but not limited to:
a) Breaching or circumventing any security or authentication measures.
b) Probing, scanning, or testing the vulnerability of any system or network.
c) Planting malware or using the Services to distribute malware.
d) Accessing, tampering with, or using non-public areas of the Services, shared areas of the Services you have not been invited to, or MaxGuard systems.
e) Interfering with or disrupting any user, host, or network, such as sending a virus, overloading, flooding, or spamming any part of the Services.
f) Accessing or searching the Services by any means other than MaxGuard’s publicly supported interfaces.
g) Sending altered, deceptive, or false source-identifying information, including “spoofing” or “phishing.”
h) Sending unsolicited communications, promotions, advertisements, or spam.
i) Promoting or advertising products or services other than your own without appropriate authorization.
j) Publishing anything that is fraudulent, misleading, or infringes the rights of any other party.
k) Impersonating or misrepresenting your affiliation with any person or entity.
l) Publishing or sharing materials that are unlawfully pornographic or indecent or advocate bigotry, religious, racial, or ethnic hatred.
m) Violating the law in any way, violating the privacy of others, or defaming others.

 

Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. Additionally, you agree to comply with any and all applicable third-party network terms and conditions, as well as the rules and policies associated with such programs.

7. Further Restrictions

1) You are prohibited from engaging in the following activities:
1) Modifying, translating, reverse engineering, decompiling, or disassembling the Services;
2) Directly or indirectly exporting or re-exporting the Services;
3) Disclosing the Services to any third party;
4) Assigning, selling, leasing, renting, sublicensing, distributing, or otherwise transferring or attempting to transfer the Services, except as otherwise provided herein. If you have a license to the Services under Section 10, they are non-transferable.

 

2) You must not misuse MaxGuard’s website and its Services. Specifically, you must not use the Services to:
1) Probe, scan, or test the vulnerability of any person’s system or network.
2) Breach or otherwise circumvent any security or authentication measures.
3) Access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, another person’s MaxGuard account, or MaxGuard’s systems.
4) Interfere with or disrupt any user, host, or network, for example, by sending a virus, overloading, flooding, or spamming any part of the Services.
5) Plant malware or use the Services to distribute any software, computer code, data, or information containing malware, viruses, corrupt files, or programs intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
6) Access or search the Services by any means other than MaxGuard’s publicly supported interfaces (e.g., “scraping”).
7) Send unsolicited communications, promotions, advertisements, or spam.
8) Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing.”
9) Publish anything that is fraudulent, misleading, or infringes on another’s rights.
10) Promote or advertise products or services other than your own without appropriate authorization.
11) Impersonate or misrepresent your affiliation with any person or entity.
12) Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial, or ethnic hatred.
13) Violate any applicable law or regulation, violate the privacy of others, or defame others.
14) Engage in advertising fraud.

 

IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL, OR OTHER REMEDIES AVAILABLE TO MAXGUARD.

8. Prohibited Activities

At MaxGuard, we uphold a strong commitment to maintaining a safe and lawful environment for all users. As such, we strictly prohibit the use of our website and services for engaging in any illegal activities. These prohibited activities include, but are not limited to:

1) Criminal Activity: You must refrain from using our website/service to engage in any form of criminal activity or to promote such activities. This includes, but is not limited to, activities that involve theft, fraud, hacking, unauthorized access to computer systems, or any other unlawful actions.
2) “Tech Support” Campaigns: Our platform must not be utilized for promoting or engaging in activities related to “tech support” campaigns. This includes activities that deceive or defraud individuals through misleading or false claims regarding computer security or technical assistance.
3) Violation of Privacy Rights: It is strictly prohibited to use our website/service for activities that violate the privacy rights of others. This includes unauthorized access, disclosure, or distribution of personal information without proper consent or legal authority.
4) Defamatory, Harassing, or Hateful Activities: Engaging in activities that are defamatory, harassing, or hateful towards individuals or groups is strictly prohibited. This includes posting or transmitting content that contains false statements, malicious intent, or discriminatory language.
5) Promotion of Violence or Discrimination: Our platform must not be used to promote or incite violence, hatred, or discrimination based on factors such as race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic. We prioritize fostering an inclusive and respectful community.
6) Harmful Activities Involving Minors: Any activities that are harmful to minors in any way are strictly prohibited. This includes, but is not limited to, engaging in child exploitation, sharing explicit or inappropriate content involving minors, or any other activity that poses a risk to the well-being of children.
7) Promotion of Illegal Drugs or Controlled Substances: Using our website/service to promote or facilitate the use, sale, or distribution of illegal drugs or controlled substances is strictly prohibited. We adhere to applicable laws and regulations regarding controlled substances.
8) Promotion or Distribution of Malware: It is strictly prohibited to engage in activities that involve the promotion, distribution, or creation of malware, viruses, or any malicious software that can harm computer systems, networks, or compromise user data.
9) Promotion of Phishing: The use of our website/service for promoting or engaging in phishing activities, which involve deceiving individuals into revealing sensitive information such as passwords, financial details, or personal data, is strictly prohibited.

We enforce these prohibitions to ensure the integrity, safety, and ethical use of our platform. Violations of these prohibited activities may result in the termination of your account and may be reported to the appropriate legal authorities.

9. Grant of License

1) Beta/Trial
MaxGuard grants you a non-exclusive, non-transferable license, subject to the terms and conditions of this Agreement, to access and use the licensed services provided through MaxGuard’s cloud services for the duration of the beta/trial program or until MaxGuard terminates the program at its discretion. This license is granted solely for your internal business purposes. The rights and access granted under this section (a) will terminate as outlined in sections 6, 7, 8, 9, 11 and 12. Upon termination, your access to the services will be discontinued.

 

2) Full License
Upon payment of the applicable license fee for the Services, MaxGuard will grant you a non-exclusive, non-transferable license, subject to the terms and conditions of this Agreement, to access and use the licensed services solely for your internal business purposes. The license granted under this section (b) is effective upon payment of the license fee and will continue until terminated as set forth in sections 6, 7, 8, 9, 11 and 12. Upon termination, your access to the Services will be terminated.

 

3) Accounts
Each purchased license for the services is tied to a single account. It is required that each business or operation maintains its own separate account for private or business usage. Customers of a business should not be added to the business’ account as MaxGuard users. Additionally, MaxGuard users created within an agency account should only consist of individuals who are employees of the respective business or operation. Failure to comply with these guidelines may result in the termination of the account, licenses, and/or users associated with it.

 

All rights not expressly granted to you under this Agreement are reserved by MaxGuard. The licenses granted to you are effective until their expiration or termination. You have the right to terminate your license(s) at any time by submitting a request for termination and removal of your MaxGuard account.

 

It is important to note that during the beta/trial period, the access and usage of the licensed services may be subject to certain limitations, including but not limited to functionality, availability, and support. MaxGuard reserves the right to modify or discontinue the beta/trial program, in whole or in part, at any time without prior notice. The beta/trial program is provided on an “as-is” basis, and you acknowledge that the services may contain errors or inaccuracies.

 

By accepting and using the licensed services, you acknowledge and agree to abide by the terms and conditions of this Agreement, including the specific provisions related to beta/trial access and full licenses. Your compliance with these terms and conditions is essential to maintaining your rights and access to the licensed services provided by MaxGuard.

10. Proprietary Rights; Compliance

1) Proprietary Rights and Restrictions
Except for the limited licenses expressly granted under this Agreement, MaxGuard explicitly reserves all rights, title, and interest in and to the Service, the content of the MaxGuard website, and all data, analytics, processing, and other software and technology used by MaxGuard in providing the Service (“MaxGuard Technology”). This includes, without limitation, any derivatives, extensions, improvements, or enhancements to the MaxGuard Technology developed on or for MaxGuard’s behalf. All such intellectual property rights, including but not limited to copyright, patent, trademark, or other proprietary rights, pertaining to the MaxGuard Technology are valuable assets of MaxGuard.

 

2) Compliance
You are solely responsible for ensuring your compliance with all applicable laws, regulations, and third-party terms and conditions while using the Services. MaxGuard reserves the right to monitor your use of the Services to ensure compliance with this Agreement. Failure to comply with any of the terms and restrictions set forth in this Agreement may result in the termination of your license, in addition to other remedies available to MaxGuard, including criminal or civil actions.

11. Copyright and Intellectual Property

Copyright (c) 2024 MaxGuard.

All Rights Reserved. For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of MaxGuard and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

You acknowledge that MaxGuard’s trademarks, service marks, logos, and trade names used on or in connection with the Services are proprietary to MaxGuard and shall not be used, copied, or imitated, in whole or in part, without prior written permission from MaxGuard.

All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of MaxGuard or its affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of MaxGuard or its affiliates.

MaxGuard retains all title, interest, and proprietary rights in and to the Services. You may not copy all or any part of the Services. You shall not remove any copyright or other proprietary notice from the Services, and you must reproduce all copyright and other proprietary rights notices on any copy you make.

MaxGuard retains all ownership, rights, and interests in and to the Services. You are prohibited from reproducing, duplicating, or replicating the Services, either in whole or in part. Furthermore, you may not remove or alter any copyright notices or other proprietary rights notices from the Services. It is mandatory to include all copyright notices and other proprietary rights notices on any copies you make of the Services.

Any unauthorized use of the Services, including but not limited to unauthorized reproduction or distribution, may violate copyright laws, trademark laws, and other applicable intellectual property laws. Such unauthorized use may result in severe civil and criminal penalties.

You agree not to use any automated tools or software to scrape or download content from this website, except for internet search engines, non-commercial archives or other publicly available tools and technologies that are used to crawl, index, or analyze the content of websites, or if we have given you our express prior written consent. In the event that we detect unauthorized scraping or downloading of content from our website, we may take legal action to enforce our rights, including seeking injunctive relief and/or damages.

MaxGuard respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing:

1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon;
2) a description of where the material that you claim is infringing is located on the site;
3) your address, telephone number, and e-mail address;
4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our designated copyright agent for notice of claims of copyright infringement on the site can be reached at the following e-mail address: legal@maxguard.io

We may, in our sole discretion, terminate the accounts or access rights of users who infringe or are believed to be infringing the copyrights or other intellectual property rights of others.

12. Infringement

At MaxGuard, we are committed to ensuring that our services do not infringe upon any patents, trademarks, copyrights, or misappropriate trade secrets. We take intellectual property rights seriously and strive to provide our users with reliable and legally compliant solutions.

 

In the event that any of our services is found, or there is a reasonable belief that it may be found, to infringe upon a patent, trademark, copyright, or misappropriate a trade secret, MaxGuard will take appropriate actions to address the situation. Our priority is to resolve such matters in a fair and lawful manner.

 

To handle infringement cases, MaxGuard has established a comprehensive approach to safeguarding intellectual property rights. Depending on the circumstances, we may exercise the following options, at our sole discretion:

1) Obtain a License: If an infringement is identified, MaxGuard may choose to obtain a license that allows us to continue operating the services without violating any intellectual property rights. This approach ensures that our users can continue to benefit from our services while respecting the rights of intellectual property holders.
2) Provide a Substitute: In some instances, MaxGuard may determine that it is necessary to provide a substitute service that offers comparable or even better functionality and performance characteristics. This ensures that our users can seamlessly transition to a service that does not infringe upon any intellectual property rights.
3) Terminate the Agreement: In more severe cases of infringement or if mutually agreed upon, MaxGuard may decide to terminate the agreement and the user’s license to the infringing service. This course of action ensures compliance with intellectual property laws and protects the rights of all parties involved.

Our commitment to addressing infringement matters is rooted in our dedication to maintaining a trustworthy and legally compliant platform. We strive to resolve any intellectual property concerns promptly and professionally to protect the rights of both our users and intellectual property holders.

It is important to note that we take proactive measures to prevent infringement issues from arising. We conduct thorough research and due diligence to ensure that our services do not infringe upon any existing intellectual property rights. However, in the unlikely event that an infringement matter arises, we are fully prepared to address it swiftly and responsibly.

 

If you believe that any of our services may be infringing upon your intellectual property rights, we encourage you to reach out to us immediately. We have established procedures to handle infringement claims and will take prompt action to investigate and resolve the issue.

 

At MaxGuard, we are committed to upholding the principles of intellectual property rights and promoting a fair and respectful business environment. We value the importance of innovation and creativity, and we work diligently to ensure that our services comply with all applicable laws and regulations.

 

Please contact us if you have any questions, concerns, or reports of potential infringement. We are here to assist you and maintain the integrity of our services while respecting the rights of intellectual property owners.

13. Third-Party Sites and Information

This website may provide links to other Internet sites or references to information, documents, software, materials, and services offered by third parties. These third-party websites may contain content that some individuals may find inappropriate or objectionable. You acknowledge and agree that we do not endorse, control, or have any responsibility for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third-party sites.

 

You further acknowledge and agree that any references to third parties or their goods and services are provided for your convenience only. Such references do not constitute an endorsement, affiliation, or warranty of any kind, either explicit or implied, on our part. We are not liable for any mistakes, omissions, or inaccuracies in the content provided by third-party websites or for any damages or losses incurred as a result of your use of or reliance on such content.

 

It is your responsibility to exercise caution and discretion when accessing and using third-party sites or relying on their content. We encourage you to review the terms of use and privacy policies of any third-party websites you visit.

14. Representations and Warranties; Disclaimers; Limitations of Liability

MaxGuard strives to provide a reliable and accurate Service, but it is important to acknowledge certain representations, warranties, disclaimers, and limitations of liability associated with its use. By accessing and utilizing the Service, you agree to the following terms:

The Service is provided on an “as is” basis. While MaxGuard endeavors to maintain the accuracy and integrity of the information, reports, and services included in or available through the Service, there may be inadvertent inaccuracies or typographical errors. MaxGuard reserves the right to make revisions and improvements to the information and Service at its discretion, without prior notice to users.

 

MaxGuard and its third-party partners make no warranties, claims, or representations, whether express, implied, or statutory, including but not limited to the following:

1) MaxGuard does not warrant that the Service will be error-free or uninterrupted at all times.
2) MaxGuard does not guarantee that any defects in the Service will be corrected.
3) MaxGuard does not warrant that the Service or the server that makes it available are free from viruses or other harmful components.
4) MaxGuard does not guarantee that the use or results of the Service or the materials provided as part of the Service will be correct, accurate, timely, or otherwise reliable. You acknowledge that MaxGuard shall not be held responsible for any unauthorized access to or alteration of your data.
5) MaxGuard does not provide any representations or warranties regarding non-infringement or merchantability.

 

You expressly agree that MaxGuard shall not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages. This includes damages based on claims or actions of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or any other legal theory, even if MaxGuard has been notified of the possibility of such damages. The exclusions and disclaimers stated herein are essential elements of this Agreement and form the basis for determining the price charged for the Service. However, in jurisdictions where the exclusion of implied warranties is not permitted, this disclaimer may not apply to you. It is important to note that the exclusion of liability contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.

 

Notwithstanding anything stated in this Agreement to the contrary, MaxGuard’s cumulative liability to you or any other party for any loss or damages resulting from claims, demands, or actions arising out of or relating to this Agreement shall not exceed the sum of $50 (fifty United States Dollars).

 

These representations, warranties, disclaimers, and limitations of liability are fundamental components of this Agreement, and you acknowledge and accept them as reasonable and fair in light of the nature of the Service provided. It is recommended that you review and understand these terms before using the Service.

15. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of individuals or entities not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized MaxGuard spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of using this site, and therefore, delays and disruptions of other network transmissions are completely beyond our control.

 

You understand and agree that the services available on this site are provided “AS IS,” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MAXGUARD’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

 

You acknowledge and agree that your use of the Services is at your own risk. In no event shall MaxGuard, its directors, officers, employees, or agents be liable to you or any other person or entity for any damages, including but not limited to consequential, incidental, special, indirect, or exemplary damages, lost profits, lost savings, lost data, loss of goodwill, or any other intangible losses, whether arising out of the use or inability to use the Services, even if MaxGuard has been advised of the possibility of such damages.

 

MaxGuard’s aggregate liability for all claims under this agreement shall not exceed the total amount received by MaxGuard from you for the Services licensed hereunder in the twelve (12) months preceding the claim. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

You acknowledge that the license fee for the Services has been calculated by MaxGuard based, in part, upon your agreement to the warranty and liability limitations set forth herein. You further acknowledge that these limitations reflect the allocation of risk between the parties and are an essential basis of the bargain between you and MaxGuard.

You acknowledge and agree that the limitations and exclusions of liability set forth in this Agreement represent a fair and reasonable allocation of risk between you and MAXGUARD, and that the fees payable by you reflect such allocation of risk. You also agree that these limitations and exclusions of liability shall apply even if any remedy fails its essential purpose.

 

Nothing in this Agreement shall limit or exclude liability for death or personal injury caused by the negligence of MAXGUARD or its employees, agents or representatives, or for any other liability that cannot be excluded or limited by applicable law.

 

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you. In such cases, MaxGuard’s liability will be limited to the maximum extent permitted by law.

17. Warranty Disclaimer

MAXGUARD PROVIDES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAXGUARD DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

YOU ACKNOWLEDGE THAT MAXGUARD DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MAXGUARD IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, MAXGUARD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

18. No Other Warranties

EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND MAXGUARD EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SERVICES OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

MAXGUARD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT THEREIN. MAXGUARD WILL NOT BE LIABLE FOR ANY HARM OR DAMAGE ARISING OUT OF YOUR USE OF THE SERVICES OR ANY CONTENT THEREIN.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH A CASE, THE DURATION AND APPLICABILITY OF IMPLIED WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

19. Remedies for Breach

In the event of any breach of this Agreement by MaxGuard, your sole and exclusive remedy shall be as follows:

1) MaxGuard will make reasonable efforts to retrieve any lost or corrupted content that MaxGuard was responsible for preserving. However, you acknowledge and agree that the recovery of lost or corrupted content is not guaranteed.
2) If MaxGuard is unable to retrieve the lost or corrupted content in a proper format, MaxGuard shall, at its discretion, reimburse you an amount equal to the most recent licensing price paid for the Services.

This remedy shall be your sole and exclusive remedy for any breach of this Agreement by MaxGuard.

You acknowledge that the above remedy is fair and reasonable considering the nature of the Services provided by MaxGuard. In no event shall MaxGuard be liable for any additional damages, whether direct, indirect, incidental, consequential, or otherwise, arising out of or in connection with any breach of this Agreement.

20. Indemnification

You agree to indemnify, defend, and hold MaxGuard, its officers, directors, employees, agents, and affiliates harmless from any and all third-party claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys’ fees) incurred by MaxGuard or its representatives, arising out of or relating to:

1) Your breach of any term or condition of this Agreement;
2) Your use of the Service; or
3) Your unauthorized use of the Service.

In the event of such claims, suits, or actions, MaxGuard will provide you with written notice. You agree to cooperate fully in the defense of any claim and to bear the expenses incurred in such defense, including attorneys’ fees. MaxGuard reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

You understand and acknowledge that this indemnification provision shall survive the termination or expiration of this Agreement and your use of the Service.

21. Participation in Promotions

From time to time, this website may contain advertisements or promotions presented by third parties. Should you decide to engage in any correspondence with or participate in the promotions offered by these advertisers, please be aware that such activities are solely at your own discretion and risk. Any communication or involvement in promotions, including the purchase, delivery, and payment for goods and services, as well as any associated terms, conditions, warranties, or representations, are strictly between you and the advertiser.

 

MaxGuard assumes no liability, obligation, or responsibility for any aspect of the aforementioned correspondence or promotions. We do not guarantee the accuracy, quality, safety, or legality of the products or services advertised on our website, nor do we endorse or warrant any claims made by the advertisers. Any disputes or issues arising from your interaction with advertisers or their promotions should be resolved directly between you and the advertiser. We are not liable for any loss, damage, or inconvenience incurred as a result of such correspondence or promotions.

 

It is important to exercise caution and conduct your own due diligence before entering into any transactions or providing personal information to third-party advertisers. We recommend reviewing the terms and conditions, privacy policies, and other relevant information provided by the advertisers before engaging with them.

22. API & Data Usage

1) Subject to compliance with the following provisions, you are granted the privilege to utilize MaxGuard’s APIs and access the associated data. However, it is essential to note that such usage is expressly conditional upon refraining from engaging in the following prohibited activities:

1) Reverse Engineering: You shall not, under any circumstances, attempt to reverse engineer or extract the source code from any API or any related software, except to the extent that such restriction is expressly prohibited by applicable law.

2) Interference and Abuse: It is strictly forbidden to interfere with, abuse, or disrupt the APIs or the servers or networks that provide the APIs. Any actions that hinder or compromise the performance, stability, or security of the APIs or related infrastructure are prohibited.

3) Sublicensing: You are expressly prohibited from sublicensing an API for use by a third party. Consequently, you shall not create an API Client that functions substantially the same as the APIs and offer it for use by third parties without obtaining prior written approval from MaxGuard.

4) Replication or Competition: Usage of the APIs must not be employed to replicate or compete with core products or services offered by MaxGuard, unless explicit written approval has been granted by MaxGuard.

5) High-Risk Activities: The APIs must not be used for any activities where the use or failure of the APIs could potentially lead to death, personal injury, or environmental damage. This includes, but is not limited to, critical operations such as the operation of nuclear facilities, air traffic control systems, or life support systems.

It is imperative to comply with these conditions in order to maintain your access to MaxGuard’s APIs and data. Failure to adhere to these provisions may result in the immediate termination of your access privileges, and you may be held liable for any damages or losses incurred as a result of your non-compliance.

 

2) Restrictions on API Usage

1) Request Rate Limit:- To ensure optimal performance and prevent server overload, MaxGuard has implemented a request rate limit. Users are required to adhere to the following guidelines:

  1. Each IP address should not exceed a maximum of 20 requests per second. This limit is in place to maintain the stability and reliability of our servers.
  2. Requests that surpass this limit may not be fulfilled, and the service will only be restored once the request rate falls below the specified limit.

2) Caching Recommendations:-To minimize the number of requests sent to the APIs, MaxGuard strongly advises users to implement result caching for a period of 12 to 24 hours. Caching allows you to store and reuse previously retrieved data, reducing the need for frequent API calls.
This caching policy serves two purposes: firstly, it helps to improve the efficiency of your application by reducing reliance on API calls, and secondly, it ensures that the MaxGuard service remains consistently available and accessible to all users.

3) Request Rate Limit Exception:- If your specific use case requires you to exceed the request rate limit outlined in this policy, MaxGuard understands that certain applications or scenarios may warrant a higher volume of requests. In such cases, we encourage you to contact us and provide details about your unique requirements.

Our dedicated MaxGuard staff will carefully evaluate your request, taking into consideration the nature of your use case, and determine whether an exception to the request rate limit can be granted.

 

We value your feedback and understand that certain applications may require additional flexibility. MaxGuard strives to accommodate such needs while ensuring the overall stability and fairness of our services.

 

It is important to note that any exceptions granted are at the sole discretion of MaxGuard and will be evaluated on a case-by-case basis.

By utilizing MaxGuard’s APIs, you agree to comply with the request rate limit and caching recommendations outlined in this Terms of Service. These guidelines are designed to maintain the quality and availability of our services, ensuring a positive experience for all users.

 

Please feel free to reach out to us if you have any questions, concerns, or if you require further clarification regarding these terms. Our team is here to assist you and provide the necessary support to optimize your integration with MaxGuard’s APIs.

 

Furthermore, MaxGuard reserves the right to monitor and audit your usage of the APIs to ensure compliance with these terms. If any unauthorized or prohibited activities are detected, we may take appropriate legal action and seek remedies to protect our rights and interests.

 

By utilizing MaxGuard’s APIs and accessing the associated data, you expressly acknowledge and agree to abide by these restrictions. These provisions are put in place to safeguard the integrity, security, and confidentiality of MaxGuard’s systems, data, and intellectual property.

23. Access

1) MaxGuard hereby confers upon the Client an exclusive, non-assignable, and non-transferable right throughout the designated Term (as defined in section 50) to access and employ the MaxGuard Platform, subject to strict adherence to all the conditions delineated herein.

2) Prior to the issuance of the initial invoice by MaxGuard, it is incumbent upon the Client to furnish accurate and comprehensive information, encompassing their company name (inclusive of the legal form of the company), the company’s address, TAX/VAT ID, the first and last name of the authorized individual registering the account on behalf of the Client, as well as the Client’s contact details.

3) Gaining access to the MaxGuard Platform necessitates the Client’s utilization of their designated email address and password. The Client’s email address must correspond to the one associated with the Client’s website domain name. Failure to comply with this requirement shall oblige the individual registering the MaxGuard account to provide MaxGuard with appropriate evidence, such as a written authorization, to substantiate their entitlement to act on behalf of the Client. MaxGuard reserves the right to request such verification at any given time.

4) The Client bears exclusive responsibility for their usage of the MaxGuard Platform. Under no circumstances should the Client allow any third party to access or utilize the MaxGuard Platform, and it is incumbent upon the Client to implement reasonable security measures to safeguard against unauthorized usage or access. The Client assumes full responsibility for the actions of their employees or any unauthorized individuals utilizing the MaxGuard Platform.

5) MaxGuard shall not access the Client’s accounts for any purposes other than administrative or support-related matters.

6) As a general rule, each Client is permitted to possess only one account at any given time, unless expressly agreed upon by MaxGuard. The account owner is the Client whose data is provided in accordance with the provisions outlined in section 23 (2) of this TOS, as well as indicated on the invoices issued by MaxGuard. The Client must refrain from creating a new account if there are any outstanding balances owed for the usage of the MaxGuard Platform. However, in the event that the Client does create a new account, they authorize MaxGuard to charge any outstanding amount from the previous account to the Client’s credit card linked to the new account. MaxGuard is obligated to initiate the provision of MaxGuard Platform services only when all outstanding amounts owed by the Client have been settled.

7) In the event that an individual acting on behalf of one Client proceeds to open a new MaxGuard Platform account on behalf of another Client, MaxGuard reserves the right to exercise its sole discretion in refusing to provide MaxGuard Platform services to the second Client. The second Client shall have no claims against MaxGuard with regards to the denial of service provision.

8) Each Client is required to utilize their business credit cards as the chosen payment method. Should the Client opt to use a consumer card instead of a business credit card, they undertake the responsibility to reimburse MaxGuard for all costs, expenses, or lost benefits incurred as a result of payments made using the consumer card. By doing so, the Client relinquishes their right to seek damages, particularly in relation to any commissions paid that exceed the amount specified in relevant legal provisions. Additionally, the Client grants authorization for MaxGuard to charge the relevant amounts to their credit card.

9) To facilitate the Client’s use of the MaxGuard Platform and management of their campaigns, MaxGuard provides the Client with a domain exclusively assigned to their account, known as the “Dedicated Domain.”

MaxGuard retains sole ownership of the Dedicated Domain, which is assigned to the Client solely for the purpose of utilizing MaxGuard Platform services within the chosen Plan. The Client is prohibited from using the Dedicated Domain for any purposes other than the utilization of the MaxGuard Platform during the selected Plan.

MaxGuard reserves the right to decline the provision of the Dedicated Domain or block its usage if the Client breaches the Terms and Conditions, particularly if the Dedicated Domain is employed for illicit purposes. The Client assumes full liability for all activities associated with the Dedicated Domain, including the content redirected through it.

10) MaxGuard retains the prerogative to equip the Dedicated Domain with an SSL certificate to facilitate the usage of HTTPS in the Client’s campaigns utilizing the Dedicated Domain. MaxGuard remains the sole owner of the SSL certificate.

MaxGuard maintains the right to select the SSL certificate for the Dedicated Domain, a condition that the Client acknowledges and accepts. The Client is not entitled to demand that MaxGuard select a specific SSL certificate specified by the Client.

The Client is permitted to utilize the SSL certificate exclusively within the Dedicated Domain for the duration of the Plan, solely for the purpose of using the MaxGuard Platform. The Client is strictly prohibited from utilizing this certificate for any other purposes.

The Client bears sole responsibility for the usage of the SSL certificate and ensuring compliance with the Terms and Conditions and applicable legal provisions.

MaxGuard reserves the right to refuse the issuance of an SSL certificate for the Dedicated Domain or to deactivate an SSL certificate if the Client fails to use it for a period exceeding 60 days or if the Client breaches the Terms and Conditions or employs the SSL certificate in an unlawful manner.

11) MaxGuard affords the Client the opportunity to incorporate their own domain into their account, known as the “Custom Domain,” and to utilize an SSL certificate for the Custom Domain. This feature may be available as an additional package not included in the pricing plan (for more information, refer to the ‘Pricing’ section).

12) In order to upgrade to the custom Plan with the Custom Domain and the SSL for the Custom Domain, the Client must follow the instructions outlined in doc.MaxGuard.io, specifically in the ‘Enabling SSL Custom Domain’ section. It is crucial that the Custom Domain be CNAME’d to the Dedicated Domain to ensure proper functionality. By CNAME’ing the Custom Domain to the Dedicated Domain for the purpose of utilizing MaxGuard Platform services, the Client authorizes MaxGuard to request an SSL certificate to enable the use of HTTPS in the Client’s campaigns utilizing the Custom Domain, upon the Client’s demand. To initiate the usage of the SSL certificate for the Custom Domain, the Client must manually request it through the MaxGuard Platform panel.

13) Upgrading to the custom Plan (including the SSL certificate for the Custom Domain) may necessitate an additional monthly payment (for more information, refer to the ‘Pricing’ section).

14) The Client retains full ownership of the Custom Domain.

15) The Client may utilize the Custom Domain with the SSL certificate exclusively for the purpose of utilizing MaxGuard Platform services throughout the duration of the Plan. The Client is not entitled to employ the Custom Domain for any purposes other than using the MaxGuard Platform during the Plan’s duration. MaxGuard reserves the right to refuse the Client’s request for the usage of the Custom Domain or block the Custom Domain from MaxGuard Platform services if the Client breaches the Terms and Conditions, particularly if the Custom Domain is used for illegal purposes. The Client assumes sole responsibility for all activities associated with the Custom Domain, including the content redirected through it.

16) The Client may delete or replace the Custom Domain with the SSL certificate only with prior approval from MaxGuard. Such changes (deletion or replacement of the Custom Domain for which the SSL certificate was issued) may require an additional payment, as determined on a case-by-case basis by MaxGuard. MaxGuard also reserves the right to refuse the Client’s request for deletion or replacement of the Custom Domain, to which the SSL certificate was issued, with another/new Custom Domain, based on valid reasons determined by MaxGuard. This includes instances where the Client’s requests for changing or replacing the Custom Domain occur more than once within the billing period. For further information on this matter, the Client should contact MaxGuard’s Customer Support Team.

17) MaxGuard reserves the right to select an SSL certificate for the Custom Domain, and the Client is not entitled to request a specific SSL certificate of their choosing. The Client is permitted to utilize the SSL certificate issued for the Custom Domain solely for the duration of the Plan, exclusively for using the MaxGuard Platform. The Client is prohibited from employing this certificate for any other purposes.

18) The Client assumes full responsibility for the usage of the SSL certificate and ensuring compliance with the Terms and Conditions and applicable legal provisions.

19) MaxGuard reserves the right to refuse the Client’s request for an SSL certificate for the Custom Domain and to deactivate the SSL certificate if the Client fails to utilize it for a period exceeding 60 days or if the Client breaches the Terms and Conditions or employs the SSL certificate in an unlawful manner.

24. Security and Password

You are responsible for ensuring the confidentiality and security of your password and account information. You are solely responsible for any and all actions taken under your account, and MaxGuard will not be liable for any loss or damage arising from unauthorized use of your account. Please take all necessary steps to prevent others from gaining access to your account information, such as choosing a strong password and not sharing your account information with anyone. Our personnel will never ask you for your password.


MaxGuard shall maintain strict administrative, physical, and technical controls to safeguard your data, including incident response policies and procedures, and an architecture designed for high-availability that is tailored to the nature and complexity of the services provided. We will take all reasonable steps to ensure the security and confidentiality of the services and your data, protect against any anticipated threats or hazards to the security or integrity of the services and your data, and prevent unauthorized access that could result in substantial harm or inconvenience to you, your affiliates, or your clients or agents.


We will comply with all applicable privacy laws and regulations, to the extent that those laws apply to the services provided hereunder. If you become aware of any unauthorized use of your account or other security breach, please notify us immediately.

25. The Client's Obligations and Responsibilities

1) The Client is required to provide accurate and current information to MaxGuard and keep their account information up to date. The Client is fully responsible, including financially, for any inaccurate or incorrectly provided information or data.

2) The data provided by the Client must match the information indicated on the invoice issued by MaxGuard. The Client is not allowed to enter another entity’s data without MaxGuard’s consent. If there are any changes to the provided data, including email address, the Client must inform MaxGuard and provide accurate documentation to support the changes.

3) If the Client is an individual, they represent and warrant that they are at least 18 years old, legally capable of entering into contracts, and operating as a business entity (not as a consumer).

4) If a person signing up for the MaxGuard Platform is acting on behalf of their employer or another entity, they represent and warrant that they have the legal authority to bind their employer or the entity to these Terms and Conditions. MaxGuard may request proof of authorization from the person acting on behalf of the Client if there are any doubts.

5) The Client must access MaxGuard Platform only through the means provided by MaxGuard and not attempt to access it through unauthorized methods.

6) The Client must not obstruct, disrupt, or interfere with the operation of MaxGuard Platform or any other services provided by MaxGuard. The Client must not interfere with the website or services in any way, including using automation software, bots, spamming, hacking, uploading viruses or time bombs, or any unauthorized third-party software that modifies or interferes with the website or services. MaxGuard reserves the right to determine what conduct violates the Terms and Conditions and may control and verify compliance with these restrictions.

7) The Client must not attempt to gain unauthorized access to other Clients’ accounts or any servers, systems, or networks connected to MaxGuard Platform or MaxGuard’s websites.

8) The Client must not obtain or attempt to obtain any information from MaxGuard Platform, intercept proprietary communications protocols used by MaxGuard Platform or MaxGuard’s websites or servers, or use software designed to provide unauthorized access to, distort, delete, damage, or disassemble MaxGuard Platform or MaxGuard’s websites or servers.

9) The Client must not use MaxGuard Platform services, including domains and SSL certificates assigned to their account, for illegal, offensive, obscene, immoral, or publicly objectionable purposes or activities that may degrade the quality, value, and reputation of MaxGuard or its services. Prohibited activities include, but are not limited to, using MaxGuard Platform for pornography (including child pornography), promoting prohibited products or substances, infringing upon the rights of others, harassment, threats, phishing, money laundering, impersonation, committing crimes or offenses, and violating applicable laws or good practices. MaxGuard reserves the right to monitor compliance with these restrictions and limitations. Any breach of these rules will be considered a material breach of the Terms and Conditions, and MaxGuard may immediately suspend services and block the Client’s account. The Client acknowledges and agrees that in such cases, they have no claims against MaxGuard regarding the suspension or blocking of services, accounts, domains, or SSL certificates.

10) The Client must ensure that all materials they provide are free from viruses, worms, Trojan horses, and other malicious code.

11) In the event of a breach of the Terms and Conditions by the Client, MaxGuard has the right to ban the Client’s account, resulting in the Client losing access to their account and the use of MaxGuard’s services. No refund will be provided in case of banning. In exceptional cases, MaxGuard may restore service according to the chosen Plan.

26. Free Account Limitations

In order to ensure fair and equitable usage of our services, users are strictly prohibited from creating multiple accounts with the intention of obtaining duplicate monthly free credits. This practice, commonly known as “credit stacking,” is considered an abuse of our system and undermines the integrity of our offerings.

 

We maintain a monthly free credit limit to provide users with an opportunity to experience and evaluate our services without financial commitment. However, it is crucial to recognize that this limit is intended to be a one-time provision for each individual user or team.

 

Engaging in the unauthorized creation of multiple accounts to exploit the monthly free credit limit is a violation of our terms and conditions. As such, we reserve the right to take appropriate action, including the suspension of accounts and services, to address instances of credit stacking or any other form of abuse.

 

We understand that some teams may require multiple accounts due to legitimate business needs or collaboration requirements. If your team necessitates the use of several accounts, we encourage you to reach out to our support team for assistance. They will be more than happy to explore suitable options and provide guidance on how to best meet your specific requirements within the boundaries of our policies.

 

By adhering to these guidelines, we can maintain a fair and equitable environment for all users, ensuring that our services remain accessible and beneficial to everyone. We appreciate your cooperation in upholding the integrity of our platform and fostering a positive user experience.

27. Payments

1) It is a requirement for the Client to provide MaxGuard with a currently valid and accepted method of payment, referred to as the “Payment Method,” along with the necessary billing details. This is necessary to access and utilize the services offered by the MaxGuard Platform, subject to the provisions mentioned in section 25 (2).

2) Upon registration and at the commencement of each Plan, the Client’s Payment Method will be charged with the subscription fee as outlined in the “Pricing” section or as individually agreed upon with the Client. The Subscription Fee represents the cost for the chosen Plan and covers the entire duration of the purchased Billing Cycle. The Client will gain access to their account once the full amount of the Subscription Fee is successfully credited to MaxGuard’s account. In situations where the Billing Cycle begins on a day that does not exist in a given month, MaxGuard reserves the right to determine the end date of the Billing Cycle at its sole discretion. The subsequent Billing Cycle will commence accordingly, although changes in the Subscription, such as upgrades, may result in adjustments to the starting date of the Billing Cycle.

3) All Plans adhere to a usage structure defined as an “Event.” An Event can be classified as a visit, click, or conversion, and the total number of these Events will be tallied to calculate the final costs. The number of Events included in the Client’s Subscription depends on the chosen Plan. If the total number of Events exceeds the limit specified in the selected Plan, the Client will be billed additionally for the extra Events, referred to as “Overages,” accumulated during the previous Billing Cycle. Events and Overages are calculated on a monthly basis. However, MaxGuard reserves the right, on an individual basis, to exclude and disregard any Events that surpass the limit specified in the chosen Plan. The charges for Overages are determined based on the corresponding Plan and are outlined in the ‘Pricing’ section or as individually agreed upon with the Client.

4) The total amount of the Subscription Fee varies depending on the Client’s chosen Plan, the cost of Overages, and any additional features, services, or modifications to the Client’s account that were not included in the standard pricing plan. For more detailed information, please refer to the ‘Pricing’ section.

5) In order to ensure uninterrupted service, the monthly Subscription is set to renew automatically, and the Subscription Fee will be charged on a monthly basis according to the Client’s chosen Payment Method as specified during registration and at the beginning of each Billing Cycle. If the Billing Cycle begins on a day that is not included in a given month, MaxGuard reserves the right to bill according to the chosen Payment Method and point 2 of this section.

6) The Subscription Fee for annual and longer-term Plans is required to be paid in full and in advance. Overage charges also apply to annual Plans and are settled as described in point 3 above. In certain cases, MaxGuard may choose to enter into additional agreements, referred to as “Insertion Orders,” particularly with Clients who opt for Plans longer than 12 months or in cases where the Plan is individually agreed upon. MaxGuard also reserves the right to apply discounts to the Client’s Subscription Fees at the time of Subscription. The price listed on the invoice will be adjusted to reflect the granted discount.

7) Each Subscription that consists of an annual or longer-term Plan will automatically renew for a successive term corresponding to the duration of the chosen Plan. For example, a Subscription with an annual Plan will automatically renew for another one-year term. To prevent automatic renewal, the Client must provide written notice of their intention not to renew the Subscription at least sixty (60) days prior to the end of the current Plan. If the Client terminates the Agreement, the Subscription Fee for any Plan, including annual or longer, is non-refundable. Additionally, the Subscription Fee paid in advance for the current Plan is also non-refundable if the Client terminates the Subscription earlier.

8) Upgrading to a different Plan is possible, and the new Plan will take effect immediately upon the upgrade. However, downgrading the Plan is only applicable at the end of its validity period and is not subject to refund.

9) The Client must cancel (terminate) the Subscription either through the MaxGuard Platform panel under the Settings/Billing & Subscription tab or by contacting MaxGuard’s Customer Support Team via email at support@maxguard.io before the next Billing Cycle begins in order to avoid being billed for the subsequent period.

10) If payment cannot be successfully charged to the Client’s credit card, MaxGuard reserves the right to suspend or terminate the Client’s account. In such cases, the Client will be responsible for all reasonable expenses, including attorneys’ fees, incurred by MaxGuard in collecting the outstanding amounts. Additionally, interest will be charged at the highest rate permissible under Hong Kong law.

11) All payments are to be made in United States Dollars (USD). The Client’s account will be debited with the corresponding fees based on the current exchange rates.

12) MaxGuard retains the right to modify its payment policies at any time at its sole discretion.

13) As a general rule, MaxGuard does not grant refunds. Under no circumstances, while utilizing MaxGuard Platform services, is the Client entitled to a refund of any expenses, costs, or other amounts incurred due to the use of services provided by MaxGuard. This includes the Subscription Fee, which is non-refundable if the Client terminates the Subscription prior to the end of the chosen Plan’s duration.

14) Certain transactions may require Strong Customer Authentication (SCA) in accordance with the relevant payment providers’ policies. SCA involves multi-factor authentication to enhance the security of electronic payments.

15) By accepting the Terms and Conditions, the Client enters into an agreement with MaxGuard authorizing the company to charge variable recurring amounts from the Client’s card each month to cover the Subscription Fee and potential Overages. This authorization allows for merchant-initiated transactions without the need for further action from the Client. In most cases, only the first transaction will require SCA.

16) The variable recurring amounts charged to the Client’s card are determined based on the chosen Plan and the calculated amount of Overages as explained in point (3) above.

17) The type of multi-factor authentication required, including the necessity of SCA, depends on the policies set by the relevant payment provider used by the Client for making payments.

18) The implementation of SCA requirements may involve the processing of an increased amount of the Client’s Personal Data by these payment providers and the transfer of such data by MaxGuard to these payment providers. It is recommended to review the privacy policies available on their respective websites, as well as the Privacy Policy of MaxGuard, to gain a comprehensive understanding of these processes.

28. Premium Plans & Queries

In order to provide our users with a comprehensive and efficient experience, it is important to understand the dynamics of our premium plans and query usage. When utilizing our tools and services, each query made by a user deducts a certain number of query credits from their account balance. However, it is essential to note that accessing historical account data does not consume additional query credits.

 

To enable users to familiarize themselves with our services and gauge their suitability for their needs, we offer eligible user accounts a monthly allocation of free credits. These free credits can be used to test the functionality and performance of our tools and services before committing to a premium plan. It is important to acknowledge that the allocation of free credits is at the discretion of MaxGuard, and we reserve the right to refuse or adjust the availability of free credits for any reason. This includes cases where we suspect the creation of duplicate accounts or the engagement of abusive practices.

 

To ensure optimal resource allocation and system performance, we allocate server resources based on the current volume of premium plans and query packs. This allows us to maintain a high level of service quality and responsiveness. It is worth noting that each premium account plan imposes escalating restrictions on the user’s ability to access and examine historical data from previous queries via the user dashboard. These restrictions are designed to strike a balance between providing users with access to relevant historical information while also optimizing resource utilization.

 

While the majority of our users find the current restrictions on historical data access to be sufficient for their needs, we understand that certain users may have specific requirements to store historical data for a longer period of time. If you are interested in extending the retention period of your historical data, we encourage you to reach out to our team. We will be more than happy to discuss your requirements and explore potential solutions that align with our capabilities and policies.

 

By offering a range of premium plans and optimizing query usage, we strive to meet the diverse needs of our user base while maintaining the efficiency and reliability of our services. We appreciate your understanding and cooperation in adhering to these guidelines, and we are committed to providing you with an exceptional experience as you leverage our tools and services to enhance your operations.

29. Billing Commitments

Certain Services offered by MaxGuard may come with minimum billing commitments that are necessary to qualify for bulk discounts or other benefits. These commitments are designed to provide cost savings and incentives for customers who commit to a certain duration of service usage.

 

In the event that a recurring payment profile is canceled before the minimum commitment period is fulfilled, adjustments will be made to the account balance to reflect the usage and the appropriate charges. Clicks or usage associated with the service will be retrospectively calculated and deducted from the account balance.

 

The reduction in clicks or usage will be determined based on the service tiers that were achieved at a lower level. This means that the account will be adjusted to reflect the service tier that would have been applicable if the minimum commitment had been met. It is important to note that any adjustments made to the account balance will be in accordance with Section 4 of the terms and conditions.

 

It is the responsibility of the account holder to ensure that the account has sufficient balance to maintain the desired functionality and usage of the Services. MaxGuard shall not be held liable for any accounts whose functionality ceases or is affected due to decreased balances after adjustments have been made.

 

It is essential to carefully review the terms and conditions associated with the Services that require minimum commitments to understand the obligations and potential adjustments that may apply. By purchasing and using these Services, you acknowledge and accept the commitment requirements and the consequences of not fulfilling the minimum commitment period.

 

MaxGuard is committed to providing transparency and clarity regarding billing commitments and adjustments. If you have any questions or concerns about your account’s billing commitments or adjustments, please reach out to our customer support team for assistance.

30. Registration Data and Privacy

To access certain services offered on this site, it is necessary to create an account and provide specific information and data by completing our online registration form. This information, collectively referred to as “Registration Data,” includes details such as your name, email address, contact information, and other relevant data. By providing this Registration Data, you acknowledge and agree that it is accurate, truthful, and complete, and you commit to maintaining its accuracy by updating it as necessary.

 

We understand the importance of safeguarding your personal information and respecting your privacy. We are committed to protecting the confidentiality and security of the information you provide during the registration process. We adhere to applicable privacy laws and regulations and have implemented robust measures to ensure the protection of your data.

 

By registering and providing your Registration Data, you consent to our collection, use, and processing of this information for the purpose of providing and improving our services, communicating with you, and fulfilling any related transactions. Please refer to our Privacy Policy, which is an integral part of these Terms of Service, for a detailed explanation of how we collect, store, use, and protect your personal information.

 

As part of our commitment to providing excellent customer support and keeping you informed about our products and services, our support or marketing staff may contact you through automated or manual methods after you have completed the registration process. However, we respect your preferences, and if you wish to opt out of receiving such communications, you may do so by submitting a support ticket or sending a letter to us indicating your request to opt out. We will make reasonable efforts to promptly process your opt-out request.

 

It is important to note that while we take extensive measures to ensure the security and confidentiality of your Registration Data and other personal information, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. Therefore, you acknowledge and accept that any information you transmit to us is done so at your own risk.

 

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must not share your account information with any third party, and you are fully responsible for any activities that occur under your account. If you suspect any unauthorized use of your account or any breach of security, it is your responsibility to notify us immediately.

 

We may periodically send you important updates, announcements, or service-related information via the contact details you provide during registration. These communications are essential for the proper functioning and administration of our services, and by using our site and registering an account, you agree to receive such communications. Please note that you may not be able to opt out of receiving these essential service-related communications.

 

At times, we may offer additional optional communications, such as newsletters or promotional materials, to keep you informed about new features, updates, or special offers. If you wish to receive these optional communications, you can provide your consent during the registration process or adjust your communication preferences in your account settings. You may also choose to unsubscribe from these communications at any time by following the instructions provided in the emails or by contacting our support team.

 

Your Registration Data and other personal information will be handled in accordance with our Privacy Policy and applicable data protection laws. We encourage you to review our Privacy Policy to understand how we collect, use, disclose, and protect your information.

 

By completing the registration process and providing your Registration Data, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this section, as well as our Privacy Policy. If you do not agree with any of these provisions or are not authorized to provide the Registration Data, please refrain from registering and using our services.

31. Privacy

At MaxGuard, we understand the importance of your privacy and are committed to protecting your personal information. We have implemented robust security measures and have established practices to safeguard the confidentiality and integrity of the data you share with us.

 

We encourage you to review our comprehensive Privacy Policy, which can be accessed on the internet at https://MaxGuard.io/privacy-policy/. Our Privacy Policy provides detailed information about the types of data we collect, how we use and store it, and the measures we take to ensure its protection.

 

In our Privacy Policy, you will find details about the purpose for which we collect your personal information, including but not limited to transactional or user data such as IP addresses, names, email addresses, billing information, phone numbers, and similar user information. We outline how we process this information to analyze behavioral intent, evaluate transactional risk, and identify patterns of fraud within our system. Rest assured that we handle your data with utmost care and in compliance with applicable data protection laws and regulations.

 

Furthermore, our Privacy Policy explains the circumstances under which we may share your data with third parties. We want to assure you that we never sell or disclose any of your account’s data or transaction and user information handled by our APIs and risk analysis tools. Any information provided to MaxGuard is treated as confidential and is kept private, encrypted, and maintained in a manner that exceeds industry standards.

 

By accessing and using our services, you acknowledge that you have read, understood, and agreed to the terms and practices outlined in our Privacy Policy. We recommend reviewing the Privacy Policy periodically as it may be updated to reflect changes in our data handling practices or legal requirements.

 

If you have any questions or concerns about our privacy practices or the handling of your personal information, please do not hesitate to contact our dedicated privacy team. We are here to address any inquiries and ensure that your privacy is protected.

 

Protecting your privacy is of utmost importance to us, and we are committed to maintaining the trust you place in us by providing transparency and secure data handling practices.

32. Data Protection and Privacy

MaxGuard values the privacy and security of your data and is fully committed to ensuring its protection in compliance with applicable privacy regulations. To provide transparency and assurance, we have established a comprehensive Data Processing Agreement (DPA) that governs our data protection practices.

 

Our DPA outlines the rights and responsibilities of both MaxGuard and our users, establishing the legal basis for data processing, the purposes of processing, the types of personal data collected, data retention duration, and the security measures in place to safeguard your information.

 

When you engage with MaxGuard and provide personal data, rest assured that we handle it responsibly and in strict compliance with data protection laws. We have implemented robust security measures and industry-standard techniques to protect your data from unauthorized access, alteration, disclosure, or destruction.

 

By utilizing our services and sharing your personal data, you acknowledge and agree to the terms and conditions set forth in our DPA. This agreement ensures that your data is processed lawfully, fairly, and transparently, while respecting your rights as a data subject.

 

We encourage you to review our DPA, available on our website or upon request, to understand how we collect, use, store, and protect your data, as well as your rights regarding its processing.

 

Please note that by using our services and entrusting us with your personal data, you expressly consent to the processing of your information as outlined in our DPA. If you disagree with any provisions or are not authorized to provide personal data on behalf of your organization, please refrain from using our services.

 

MaxGuard continuously monitors and enhances its data protection practices to ensure compliance with privacy laws. If you have any questions or concerns regarding the processing of your personal data or our data protection practices, please contact our dedicated privacy team. Our contact details can be found in our DPA.

 

1) Transactional and User Data

At MaxGuard, we understand the importance of privacy and the sensitivity of the data you provide. As part of our service, clients may share transactional or user data with us, such as IP addresses, names, email addresses, billing details, phone numbers, and similar user-related information. This data allows us to analyze user behavior, assess transactional risk profiles, and detect patterns of fraud.

 

We handle this data with utmost care and respect for your privacy. It helps us identify fraudulent behavior, enhance machine learning algorithms, and provide accurate risk assessments and insights to protect your business.

 

MaxGuard is committed to safeguarding your data and maintaining its confidentiality. We never sell or disclose your account’s data or any transaction and user information handled by our APIs and risk analysis tools to third parties. We employ encryption techniques, limit access to authorized personnel, and regularly update our security protocols to ensure data protection.

 

By utilizing our services, you can trust that your data is handled securely and with utmost privacy. We are dedicated to providing a trustworthy platform for analyzing transactional and user data while upholding the highest standards of data protection and privacy.

 

Please note that while we take extensive measures to protect your data, no security system can guarantee absolute protection. We recommend reviewing our Privacy Policy for a comprehensive understanding of how we handle and protect your information.

 

2) Third-Party Vendors

MaxGuard values your data privacy and assures you that we will never sell or disclose your account’s data or transaction and user information handled by our APIs and risk analysis tools. We adhere strictly to data privacy laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)..

 

While we do not share or sell your data, we may engage third-party vendors to assist us in providing services. In such cases, we ensure that these vendors comply with industry standards for data privacy and security, and they handle your data in accordance with our privacy policy and applicable laws.

 

3) Data Processing Agreement (DPA)

MaxGuard understands the significance of data processing and takes its responsibility as a trusted data processor seriously. We prioritize the security and integrity of the data entrusted to us and adhere to stringent data protection standards and regulations.

 

To provide detailed information about our data handling processes, we have established a comprehensive Data Processing Agreement (DPA). This agreement outlines the terms and conditions governing the processing of personal data when using our services.

 

We encourage you to review our DPA, which can be accessed on our website at https://maxguard.io/data-processing-agreement/. It provides insights into how we process personal data, the purposes of processing, the categories of data we handle, and the rights and obligations of both parties.

 

Our DPA emphasizes our commitment to maintaining the confidentiality, security, and privacy of the data you share. We implement technical and organizational measures to protect against unauthorized access, disclosure, alteration, and destruction of data, aligning with industry best practices and regulatory requirements.

 

By reviewing and accepting our DPA, you acknowledge and consent to the terms and conditions governing the processing of personal data. Familiarize yourself with the DPA to understand how your data is handled and the rights you have in relation to its processing.

 

Please note that our DPA is an integral part of our commitment to data protection and privacy. It works alongside our Privacy Policy and other legal documents to ensure transparency and accountability in our data processing activities.

 

If you have any questions or concerns about the processing of your personal data or the provisions outlined in our DPA, please contact us. Our dedicated professionals are available to address your inquiries and provide further assistance.

 

4) Your Trust Matters

At MaxGuard, we recognize the importance of data privacy and protection. We are fully committed to maintaining the confidentiality and security of your data, continuously improving our data processing practices to meet evolving legal and industry requirements.

 

Take the time to review our Data Processing Agreement for a comprehensive understanding of how we handle and process your personal data. Your trust and satisfaction are of utmost importance to us, and we remain dedicated to providing secure and reliable data processing services.

 

If you have any questions or concerns about how we process or use your data, please contact us. We are committed to transparency and addressing any concerns you may have.

 

Thank you for choosing MaxGuard. We appreciate the trust you place in us to handle your data securely and responsibly.

33. Data Ownership

As the account owner and licensee of the Services, you retain full ownership of any data that you create or upload to MaxGuard’s platform. MaxGuard acknowledges and respects your data ownership rights, and we make no claim to any of the data or content stored within your account(s).

 

We understand the importance of data privacy and protection, and we are committed to safeguarding your data. MaxGuard will only access your data and utilize it for support or system improvement purposes. This may include activities such as troubleshooting technical issues, providing assistance, or enhancing the performance and functionality of our services.

 

It is important to note that MaxGuard will never use your data for data mining purposes or to improve other MaxGuard products or services. Your data is treated with utmost confidentiality and will not be shared or sold to any third party unless we have obtained your prior consent. We respect your privacy and understand the sensitivity of the information you entrust to us.

 

In the event that MaxGuard requires access to your data for support or system improvement purposes, we will ensure that appropriate security measures are in place to protect the confidentiality and integrity of your data. We adhere to industry best practices and implement robust security protocols to safeguard your information from unauthorized access, loss, or alteration.

 

Our commitment to data ownership and privacy extends beyond the duration of your engagement with our services. Even after termination or expiration of this Agreement, your data will remain confidential and protected according to the terms outlined in our Privacy Policy and any applicable data protection laws.

 

If you have any concerns or questions regarding data ownership or our data handling practices, we encourage you to review our Privacy Policy or contact our support team for further clarification. We are dedicated to maintaining the trust and confidence you have placed in us by entrusting us with your data.

 

By continuing to use our Services, you acknowledge and agree that you retain ownership of your data and that MaxGuard will handle your data in accordance with this Agreement and our Privacy Policy. Your data is an essential asset, and we are committed to upholding the highest standards of data protection and privacy throughout our relationship with you.

34. Data Retention

MaxGuard understands the importance of data retention and the need for a balance between preserving data and managing storage resources effectively. As part of our commitment to transparency and accountability, we provide you with information regarding our data retention practices.

 

Any data acquired or created by the Services on behalf of the account holder, including logs and statistics, may be subject to erasure at MaxGuard’s sole discretion. We recognize that data retention requirements can vary depending on the nature of the data and applicable legal obligations. Therefore, we reserve the right to determine the appropriate retention period for different types of data.

 

In general, MaxGuard strives to maintain data for as long as necessary to fulfill the purposes for which it was collected and to comply with legal obligations. However, we also understand that excessive data retention can pose potential risks and burdens, including increased storage costs and potential exposure to security breaches.

 

With regards to clicks data generated on behalf of clients, MaxGuard typically retains this data for a period of up to three months. This duration allows sufficient time for data analysis, performance evaluation, and troubleshooting. After this period, the clicks data may be permanently erased from our systems.

 

It is important to note that the specific data retention periods may vary depending on factors such as the type of data, the purpose for which it was collected, and any legal or regulatory requirements that apply. We regularly review and assess our data retention practices to ensure compliance with applicable laws and industry standards.

MaxGuard maintains robust data protection measures to safeguard the data during the retention period. We employ industry-standard security protocols, encryption techniques, and access controls to prevent unauthorized access, loss, or alteration of the data in our custody. Our commitment to data security extends to both technical and organizational measures to ensure the confidentiality, integrity, and availability of your data.

 

Should you have any specific data retention requirements or concerns, we encourage you to reach out to our support team. While we strive to accommodate reasonable requests, please note that certain legal or technical limitations may affect our ability to fulfill all requests regarding data retention.

 

By continuing to use our Services, you acknowledge and agree to MaxGuard’s data retention practices as outlined in this section. We remain committed to handling your data responsibly and in compliance with applicable data protection laws and regulations. Our commitment to data privacy and security is fundamental to our relationship with you, and we will continue to implement appropriate measures to safeguard your information throughout its lifecycle.

35. Governing Law

This website is managed by us from our headquarters in Hong Kong, excluding any externally connected sites. It is designed to be accessible from various locations worldwide, with the exception of certain jurisdictions with which we do not conduct business. It is important to note that each of these jurisdictions may have its own laws and regulations that may differ from those of Hong Kong.

 

By accessing this website and using our services, both you and MaxGuard agree that the statutes and laws of Hong Kong, without regard to its conflict of laws principles and the United Nations Convention on the International Sale of Goods, will govern all matters relating to the use of this website and the purchase of products and services available through this website.

 

This choice of law is intended to provide a clear legal framework and promote consistency in the application and interpretation of the terms and conditions outlined on this website. By agreeing to these terms, you consent to the application of Hong Kong law to any dispute, claim, or legal proceedings arising from or related to your use of this website and our services.

 

In the event of any legal action or proceeding arising from or related to your use of this website, both you and MaxGuard hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction in Hong Kong. This means that any legal disputes or claims will be resolved in accordance with the laws and judicial system of Hong Kong.

 

We believe that this choice of law and jurisdiction provides a fair and neutral framework for resolving any potential disputes and ensures consistency in the application of legal principles. We want to emphasize that our commitment to providing quality services and maintaining a positive user experience remains unaffected by the choice of law and jurisdiction.

 

If you have any concerns or questions regarding this governing law provision or its implications, we encourage you to seek independent legal advice. We are dedicated to ensuring transparency and clarity in our legal terms and want to ensure that you fully understand the implications of agreeing to these provisions.

36. International Use

While this website may be accessible from various locations around the world, we cannot guarantee that the materials and services provided on this site are appropriate or available for use in every jurisdiction. It is your responsibility to ensure that accessing and using the content and services offered on this site comply with the laws and regulations of your specific location.

 

By choosing to access this site from any other region or country, you do so at your own initiative and are solely responsible for complying with the local laws and regulations that may apply. We make no representation or warranty regarding the legality, appropriateness, or availability of the materials and services provided on this site in any particular jurisdiction.

 

Please note that if you access this site from a location where the contents are considered illegal, you are strictly prohibited from doing so. Any use of this site in violation of applicable laws is not authorized and may result in legal consequences.

 

It is important to understand that any offers, promotions, products, services, or information provided on this site are void where prohibited by law. We do not intend to make any offers or solicitations that would violate the laws of any jurisdiction.

 

We recommend that you familiarize yourself with the laws and regulations of your location before accessing or using this site. We disclaim any liability or responsibility for any unauthorized access or use of this site in violation of applicable laws.

 

By accessing and using this site, you agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, or expenses arising out of or related to your non-compliance with local laws and regulations.

37. Assignment

MaxGuard, as the provider of the services, reserves the right to assign this Agreement, as well as the associated rights and obligations, to a third party at any time, without prior notice to you. This means that MaxGuard may transfer its contractual position, including all rights, benefits, and responsibilities, to another entity or individual.

The ability to assign this Agreement allows MaxGuard to collaborate with strategic partners, undergo corporate restructuring, or transfer ownership of the services while ensuring a seamless continuation of service provision. This assignment does not affect your rights or obligations under this Agreement, and the new entity or individual assuming MaxGuard’s position will be bound by the terms and conditions of this Agreement.

 

MaxGuard will exercise due diligence in selecting the assignee and will ensure that the assignee is capable of meeting the obligations set forth in this Agreement. However, please note that you do not have the right to assign this Agreement or any of your rights or obligations under it without the prior written consent of MaxGuard.

 

In the event of an assignment, MaxGuard will make reasonable efforts to notify you of the assignment and provide you with any relevant information or instructions regarding the transfer of services. However, MaxGuard is not obligated to obtain your consent or provide detailed notice of the assignment.

 

It is important to note that any assignment of this Agreement by MaxGuard will not affect your rights or the quality of service you receive. The assignee will assume all rights, obligations, and responsibilities of MaxGuard under this Agreement, and you can expect a seamless continuation of service provision without disruption or degradation.

 

If you have any questions or concerns regarding the assignment of this Agreement, please contact us for further clarification. Our goal is to ensure transparency and maintain a high level of service throughout any assignment process.

 

Please be aware that any attempt by you to assign this Agreement without MaxGuard’s prior written consent will be considered null and void. MaxGuard’s right to assign this Agreement is reserved, and any assignment by you without consent will not bind MaxGuard or the assignee to the terms and conditions of this Agreement.

 

By continuing to use our services, you acknowledge and accept the potential assignment of this Agreement by MaxGuard and understand that it does not alter your rights or obligations under this Agreement.

38. Terms and Termination

MaxGuard understands that circumstances may arise that necessitate the suspension or termination of the Services. Therefore, MaxGuard reserves the right to suspend or end the Services at any time, with or without cause, and with or without prior notice to you. This action may be taken in situations such as the following:

 

1) Your failure to comply with these Terms and Conditions;

2) Your usage of the Services in a manner that could potentially lead to legal liability for MaxGuard or disrupt the experience of other users; or
3) Failure to maintain a balance of clicks in your account for a period of 7 days or longer.

 

Furthermore, either party has the right to terminate this Agreement at any time and for any reason. In the event of termination, the following provisions shall apply:

1) MaxGuard will immediately cease providing the Service to you, and your access to the Services will be discontinued.
2) Any outstanding balance of Service Fees owed by you to MaxGuard shall become immediately due and payable upon termination.
3) You will not be entitled to any refunds of Service Fees or any other fees, as detailed in the Refund Policy that forms an integral part of this Agreement. Additionally, any outstanding balance for the use of the Services until the date of termination, as well as any other unpaid payment obligations for the remainder of the billing period, will become immediately due and payable in full.
4) It is important to note that upon termination, your historical data in its entirety will no longer be accessible to you. MaxGuard reserves the right to delete all data, files, or other information stored in your account after termination. However, MaxGuard may retain certain data related to your use of MaxGuard, excluding any personal information. This retained data will solely be used to enhance the performance and quality of the MaxGuard service.

 

Termination of the Services is a serious matter, and while MaxGuard strives to maintain a reliable and uninterrupted experience, certain situations may warrant the discontinuation of the Services. Both parties must understand and accept the consequences of termination as outlined in this Agreement. It is advised that you carefully review these terms and conditions before utilizing the Services.

39. Termination of Use

You acknowledge and agree that we retain the exclusive right, at our sole discretion, to terminate or suspend your access to all or part of the site, including its services and features, at any time and for any reason, with or without prior notice. This termination or suspension may occur if we determine, in our reasonable judgment, that you have violated these Terms of Service or engaged in any suspected fraudulent, abusive, or illegal activities. Additionally, we reserve the right to refer any such activities to the appropriate law enforcement authorities for further investigation and action.

 

Upon the occurrence of termination or suspension, regardless of the reasons underlying such action, you expressly acknowledge and agree that your right to use the services available on this site will immediately cease. Consequently, we reserve the right to deactivate or delete your account, as well as all associated information and files stored within your account. Furthermore, we may also prohibit any future access to such files or the site itself. In no event shall we be held liable to you or any third party for any claims, damages, or losses arising from or related to any termination or suspension of your access or any other actions taken by us in connection with such termination or suspension.

 

It is important to note that in the event of termination, you understand and agree that you shall not be entitled to receive any refunds of fees previously paid. Moreover, any outstanding balance for MaxGuard services that have been rendered up until the date of termination, including any unpaid payment obligations for the remaining billing period, shall become immediately due and payable in full.

 

We explicitly reserve the right to suspend or terminate the provision of the Services at any time, with or without cause, and with or without prior notice. This encompasses situations where we reasonably believe that you are not in compliance with these Terms & Conditions, where your use of the Services poses a potential legal liability for us or disrupts the use of the Services by others, or in the case of an “inactive” account. An account shall be deemed inactive if it fails to process clicks and does not have an active subscription.

 

Upon termination, you acknowledge and agree that we may, at our sole discretion, delete all data, files, or any other information that is stored in your account subsequent to such termination. However, we reserve the right to retain selected data pertaining to your use of MaxGuard, excluding any personal data, for the sole purpose of enhancing the performance and quality of our services.

 

It is crucial to recognize that the termination of your account and the consequent loss of access to the Services may result in the permanent loss of data stored within the MaxGuard platform. Therefore, it is your responsibility to regularly back up any important data and files to prevent any potential loss or inconvenience. We shall not be held responsible for any loss of data or any adverse consequences arising from the termination of your account or the discontinuation of the Services.

 

Further:

1) The Subscription, which grants access to the MaxGuard Platform services, will continue until either MaxGuard terminates it or the Client cancels it through the MaxGuard Platform panel/Settings/Billing & Subscription tab or by contacting MaxGuard’s Customer Support Team via email at support@MaxGuard.io. It is important to note that regardless of the circumstances, MaxGuard shall not be held liable for such termination.

a) To prevent the automatic renewal of an annual or longer Plan, the Client must provide written notice of their intention not to renew the Subscription at least sixty (60) days prior to the end of the current Plan.

2) In the event of termination, the Client will not be entitled to any refunds of fees already paid. Any outstanding balance for the use of the MaxGuard Platform up to the date of termination, as well as any other unpaid obligations for the remainder of the billing period, shall become immediately due and payable in full. All data, files, or other information stored in the Client’s account will no longer be accessible to the Client, except as provided in the Data Processing Addendum (DPA).

3) The termination of this Agreement will automatically and without further action by MaxGuard, terminate the Client’s right to use the MaxGuard Platform.

4) MaxGuard reserves the right to suspend or terminate the Client’s access to the MaxGuard Platform at any time, without prior notice, for valid reasons determined at MaxGuard’s sole discretion. These reasons may include, but are not limited to, the following situations:

a) The Client is found to be in breach of the Terms and Conditions or any other terms related to additional services provided by MaxGuard under separate agreements, or there is a suspicion of such breach.

b) The Client engages in activities that are not fully compliant with applicable local, state, federal, and foreign laws, rules, and regulations.

c) The Client fails to make payment for the usage of the MaxGuard Platform within 7 days from the payment due date.

d) The Client’s overage charges (as defined in section 27.3 of these Terms and Conditions) exceed four times the pricing plan chosen by the Client.

 

Furthermore, MaxGuard may take such action if there is an account takeover or suspicion of fraud, such as payment reversals or initiated chargebacks.

40. Statute of Limitations

To ensure the prompt resolution of disputes and to maintain clarity regarding claims or causes of action arising from the use of the Website, the Materials, or these Terms of Service, it is important to establish a time limit for such claims. Therefore, any claim or cause of action that arises out of or is related to the use of the Website, the Materials, or these Terms of Service must be filed within a period of one (1) year from the date on which the claim or cause of action arose. This time limit applies regardless of any status or law that may suggest otherwise.

 

It is essential for all parties to understand and adhere to this statute of limitations. Failure to file a claim or cause of action within the specified one (1) year period will result in the claim or cause of action being forever barred. Once the statute of limitations has expired, the affected party will no longer be able to pursue legal action or seek remedies for the claim or cause of action.

 

The establishment of this statute of limitations ensures that claims and causes of action are addressed in a timely manner and prevents undue delay or uncertainty in resolving disputes. Therefore, it is strongly recommended that any party wishing to assert a claim or cause of action arising from the use of the Website, the Materials, or these Terms of Service do so within the prescribed one (1) year period.

 

It is important to note that this provision does not affect any other limitations or timeframes set forth by applicable laws or regulations that may govern specific types of claims or causes of action. However, with respect to claims or causes of action related to the use of the Website, the Materials, or these Terms of Service, the one (1) year statute of limitations outlined in this section shall apply.

 

By agreeing to these Terms of Service, you acknowledge and agree that any claim or cause of action you may have against MaxGuard or its affiliates arising out of or related to the use of the Website, the Materials, or these Terms of Service must be filed within the specified one (1) year period, or else it will be forever barred. It is your responsibility to ensure timely filing of any such claims or causes of action in accordance with this provision.

41. Service Level Agreement (SLA)

MaxGuard is committed to providing a reliable and stable service to its customers. As part of this commitment, MaxGuard guarantees an uptime of 99.5% for the Customer’s Service throughout each calendar quarter of the Term, excluding planned maintenance windows.

 

The uptime guarantee of 99.5% means that the Service may experience a maximum downtime as follows:

  • Downtime per year: 1.83 days
  • Downtime per month: 3.65 hours
  • Downtime per week: 50.40 minutes
  • Downtime per day: 7.20 minutes

 

In the event that MaxGuard fails to meet this uptime commitment during any calendar quarter and the Customer’s access to the Service is negatively impacted (e.g., attempted logins or access to the Service failed due to unscheduled downtime), MaxGuard will provide a service credit as the sole and exclusive remedy. The service credit will be equal to one day’s fee for the use of the Service.

 

1. Scheduled and Unscheduled Maintenance Scheduled maintenance time, when properly communicated in advance, does not constitute downtime. MaxGuard typically plans and schedules maintenance windows at least two full working days in advance. Regularly planned maintenance time is usually notified at least one week in advance and is scheduled to occur overnight on the weekend, typically lasting for less than 10 to 15 hours. As a standard practice, MaxGuard designates every Saturday night between 10:00 pm and 10:20 pm UTC for normal scheduled maintenance.

 

In the event of unplanned maintenance, MaxGuard reserves the right to suspend the Service. However, MaxGuard will make reasonable efforts to contact the client in accordance with the Notification section outlined below. Unscheduled maintenance events will be counted against the uptime guarantee.

 

2. Credit Request To request a credit under this service level agreement, the Customer must send an email to support@MaxGuard.io within five business days after the conclusion of the applicable quarter. If the Customer submits a credit request and does not receive a quick automatic response confirming receipt, the request must be repeated as it may not have been received correctly and will not result in a credit. It is important to note that customers who are delinquent or in default on any payment or significant contractual obligation to MaxGuard are not eligible for credit under this Service Level Agreement. The service credit, if granted, is valid for up to two years from the quarter in which it was granted. MaxGuard will determine any service level downtime based on system logs and other relevant information.

 

3. Updates/Notice MaxGuard reserves the right to modify this Service Level Commitment at its discretion; however, it will provide thirty days’ prior notice for any changes. Notices will be considered sufficient if they are provided to a user designated as an administrator of the Customer’s MaxGuard account either:

a. as a note displayed on the screen immediately after completing the login authentication credentials at the login screen, or
b. by email to the registered email address provided for the administrator(s) of the Customer’s account.

 

4. Exclusion of Sandbox and Beta Accounts This Service Level Commitment does not apply to MaxGuard Sandbox, Beta, Debugger accounts, or other test environments. These accounts are specifically excluded from this and any other service level agreements.

 

MaxGuard is dedicated to delivering a high-quality and reliable service, and this Service Level Commitment is a testament to that commitment. By utilizing the Service, you acknowledge and agree to the terms outlined in this section and understand the remedies available in the event of any downtime that falls short of the guaranteed uptime.

42. Signature

Your electronic signature, as provided during the registration or acceptance process, will be considered legally binding and treated as an original signature. By providing your electronic signature, you acknowledge and confirm your agreement to the terms and conditions outlined in this Agreement. This electronic signature serves as evidence of your acceptance and consent to be bound by the provisions set forth herein.

 

MaxGuard recognizes the validity and enforceability of electronic signatures and understands that they carry the same legal weight as handwritten signatures. You acknowledge that your electronic signature signifies your intent to be legally bound by this Agreement and to fulfill your obligations as outlined within it.

 

It is important to note that by providing your electronic signature, you are attesting to the accuracy and completeness of the information provided during the registration or acceptance process. Any false or misleading information provided in connection with your electronic signature may result in legal consequences and the termination of your access to the Services.

 

Furthermore, you understand that the use of electronic signatures increases the efficiency and convenience of conducting business transactions, eliminating the need for traditional paper-based signatures. You agree that electronic signatures are valid and legally binding in the same manner as handwritten signatures, and you waive any objections to the use of electronic signatures in the formation, execution, or enforcement of this Agreement.

 

Please note that it is your responsibility to safeguard the security of your electronic signature and prevent any unauthorized use. You are advised to keep your login credentials and any associated information confidential and not to share them with any unauthorized individuals. MaxGuard shall not be held liable for any unauthorized use or misuse of your electronic signature.

 

By providing your electronic signature, you affirm that you have read and understood the terms and conditions of this Agreement and that you consent to the use of electronic signatures for all purposes related to this Agreement. You further acknowledge that your electronic signature binds you to the terms and conditions of this Agreement in the same manner as a traditional, handwritten signature.

 

If you do not agree to be bound by the terms and conditions of this Agreement, please refrain from providing your electronic signature and discontinue any use of the Services.

43. Notices & Contact Information

Except as explicitly noted on this site, the services available through this site are offered by MaxGuard. If you need to contact us for any reason, we are here to assist you. You can reach us by email at Support@MaxGuard.io or by sending a message through our contact form on the website.

 

When it comes to providing notices or communicating important information, we may do so through various means, including email, posting on our website, or sending physical mail. It is your responsibility to ensure that the contact information you provide to us is accurate and up to date, so that you can receive any notices or communications from us in a timely manner.

 

If we need to send you a notice, we will use the contact information you have provided to us. Therefore, it is important that you promptly notify us of any changes to your contact information. We shall not be held liable for any failure to deliver notices or communications if you have not kept your contact information current.

 

Any notice or communication sent by us to the email address or physical address you have provided will be considered received and effective upon transmission, unless otherwise specified. It is your responsibility to regularly check your email and other means of communication for any notices or communications from us.

 

If you need to send us a notice or communication, please use the contact information provided above. Any notices or communications sent by you to us shall be considered received and effective upon our actual receipt.

 

Please note that any notice or communication sent by email is not completely secure and may be subject to interception, loss, or alteration. Therefore, we recommend that you exercise caution when transmitting sensitive or confidential information through email.

 

If you have any questions, concerns, or feedback regarding these Terms of Service or any other aspect of our services, please do not hesitate to contact us. We are dedicated to providing excellent customer support and will make every effort to address your inquiries in a timely and satisfactory manner.

 

By using our services and providing your contact information, you consent to receive notices and communications from us electronically or through other means of communication as described in this section.

44. Confidentiality

Both parties to this Agreement acknowledge and agree to the importance of maintaining the confidentiality of certain information shared between them. Each party shall treat as confidential all information disclosed by the other party that is designated as “Confidential Information” or that should reasonably be understood to be confidential given the circumstances of its disclosure. The parties shall take all necessary and reasonable measures to prevent the disclosure and unauthorized use of such Confidential Information.

 

The term “Confidential Information” refers to any information disclosed by one party to the other party in connection with this Agreement, whether in written or oral form, that is identified as confidential or that should be reasonably understood to be confidential based on the nature of the information and the context of its disclosure. This includes, but is not limited to, proprietary business information, trade secrets, technical data, financial information, customer and user data, software code, and any other non-public information relating to the Services provided by MaxGuard. Additionally, any passwords or login credentials provided by MaxGuard shall be considered Confidential Information.

 

Both parties agree that the Confidential Information shared by one party shall be used solely for the purpose of fulfilling their obligations under this Agreement and shall not be disclosed to any third party without the prior written consent of the disclosing party. The receiving party shall exercise the same degree of care in protecting the Confidential Information as it would with its own confidential information of a similar nature, but in no event less than a reasonable degree of care.

 

Notwithstanding the above, the obligations of confidentiality shall not apply to information that:

1) was independently developed by the receiving party without reference to or use of the Confidential Information;
2) becomes publicly known through no fault or breach of the receiving party;
3) is rightfully obtained by the receiving party from a third party without any obligation of confidentiality;
4) was already known to the receiving party prior to its disclosure by the disclosing party, as evidenced by written records; or
5) is required to be disclosed by law, regulation, court order, or government agency, provided that the receiving party gives prompt notice to the disclosing party and makes reasonable efforts to obtain a protective order or other appropriate safeguards to prevent the public disclosure of such information.

 

In the event that either party is required by law or legal process to disclose the Confidential Information of the other party, the disclosing party shall notify the other party prior to making the disclosure, unless prohibited by law. Both parties shall cooperate in seeking any available legal protections or remedies to maintain the confidentiality of the disclosed information.

 

The obligations of confidentiality set forth in this section shall survive the termination or expiration of this Agreement and shall remain in effect for a period of [specify duration] from the date of termination or expiration.

 

By entering into this Agreement, both parties acknowledge the sensitive nature of the Confidential Information exchanged and commit to maintaining its confidentiality with the utmost care and diligence. Any breach of this confidentiality provision may result in irreparable harm for which monetary damages may not be an adequate remedy. In the event of a breach, the non-breaching party shall be entitled to seek injunctive relief and any other remedies available at law or in equity.

 

This section constitutes the entire agreement between the parties regarding the confidentiality of information exchanged between them and supersedes any prior agreements, understandings, or representations, whether written or oral, relating to the subject matter herein. No modification or waiver of this section shall be valid unless in writing and signed by both parties.

 

The rights and obligations regarding the Confidential Information under this section shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, and authorized representatives.

45. Modifications

MaxGuard reserves the right to modify these Terms of Service from time to time in order to adapt to changing circumstances, legal requirements, or to enhance the quality and functionality of the Services. The most recent version of the Terms will always be accessible on the MaxGuard gateway site, and it is your responsibility to review the Terms periodically to stay informed of any updates or changes.

 

In the event that MaxGuard considers a modification to be material, such as a significant change that may affect your rights or obligations under these Terms, MaxGuard will make reasonable efforts to notify you of such modifications. This may include sending an email to the email address associated with your account or providing a prominent notice on the MaxGuard website or within the Services themselves. It is important that you keep your contact information up to date and promptly review any communications from MaxGuard to ensure that you are aware of any material modifications.

 

By continuing to access or use the Services after the modified Terms have come into effect, you are indicating your acceptance of the revised Terms. If you do not agree with the modifications made by MaxGuard, you must discontinue using the Services. Your continued use of the Services following the effective date of the modifications will be considered as your acceptance of the updated Terms.

 

It is your responsibility to regularly review the Terms and familiarize yourself with any changes. MaxGuard shall not be liable for any failure on your part to review and acknowledge the modified Terms. If you have any concerns or objections regarding the modifications, it is important to contact MaxGuard promptly to discuss your concerns. However, MaxGuard reserves the right to make modifications without obtaining your individual consent, except where required by applicable law.

In the event of any conflict or inconsistency between any prior versions of the Terms and the most recent version, the provisions of the most recent version shall prevail. MaxGuard encourages you to retain a copy of each version of the Terms for your records.

 

It is important to note that modifications to the Terms may also affect other agreements or policies referenced within these Terms, such as the Privacy Policy or Service Level Commitment. Therefore, it is recommended that you review all related agreements and policies to ensure a comprehensive understanding of your rights and obligations when using the Services.

 

MaxGuard strives to provide clear and transparent communication regarding any modifications to these Terms. However, it is ultimately your responsibility to stay informed and regularly review the Terms to ensure your ongoing compliance. If you have any questions or need further clarification regarding the modified Terms, please contact MaxGuard’s support team or seek legal advice before continuing to use the Services.

46. General

1) The Client is responsible for the payment of all applicable sales, use, transfer, or other taxes, as well as any duties imposed by any international, national, state, or local authority, arising from the transaction contemplated under these Terms and Conditions. However, income taxes on profits levied against MaxGuard, as well as value-added tax when required by applicable law, shall be excluded. The Client agrees to reimburse MaxGuard for any such taxes or duties paid or accrued directly by MaxGuard as a result of this transaction.

2) All agreements between MaxGuard and the Client shall be governed by and interpreted in accordance with the laws of Hong Kong, without giving effect to any choice of law provisions that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

3) Any litigation arising from or related to these Terms and Conditions or any agreements between MaxGuard and the Client shall be exclusively brought and maintained in the court in Hong Kong that has jurisdiction over MaxGuard’s registered office. The parties explicitly and irrevocably submit to the jurisdiction of the aforementioned court for any such litigation. Furthermore, each party waives, to the fullest extent permitted by law, the application of the procedures for service of process under the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The parties expressly and irrevocably waive any objection to the venue of any such litigation in the specified court and any claim that such litigation has been brought in an inconvenient forum.

4) Each party waives the right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms and Conditions, including any amendment, instrument, document, or agreement delivered or to be delivered in connection with these Terms and Conditions. The parties agree that such action or proceeding shall be tried before a court, and not before a jury.

5) These Terms and Conditions are solely for the benefit of the Client and MaxGuard, as well as their respective successors and assigns. No other person or entity shall have or acquire any right by virtue of these Terms and Conditions.

6) The Client may not assign any of its rights or delegate any of its duties under these Terms and Conditions without the prior written consent of MaxGuard. Even with such consent, no assignment shall release the assignor from its obligations or modify any of its primary obligations under these Terms and Conditions. The Client acknowledges that MaxGuard is entitled to assign any of its rights and obligations under these Terms and Conditions, as well as any additional agreements with the Client, to any third party at any time without requiring separate consent from the Client.

7) Except as otherwise expressly provided in these Terms and Conditions, these Terms and Conditions shall be binding upon and inure to the benefit of the successors, assigns, heirs, executors, and administrators of MaxGuard and the Client.

8) The relationship between the Client and MaxGuard established by these Terms and Conditions is that of independent contractors. Neither party shall be considered an employee, agent, partner, or joint venturer of the other party.

9) Neither party shall be deemed in default of these Terms and Conditions to the extent that the performance of its obligations or attempts to cure any breach are delayed or prevented by an event of force majeure. An event of force majeure refers to an event or circumstance beyond the control and without the fault or negligence of the affected party, which the affected party could not have reasonably prevented. This includes events such as riots, wars, invasions, acts of foreign enemies, hostilities, terrorism, strikes, floods, fires, natural disasters, epidemics, acts or actions of government, or shortages of materials or supplies.

10) No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms and Conditions shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. The failure or delay by MaxGuard in exercising any right, power, or privilege under these Terms and Conditions shall not constitute a waiver, and such right, power, or privilege may be exercised at any time. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

11) Unless otherwise specified in a separate written agreement signed by MaxGuard and the Client, these Terms and Conditions constitute the final, complete, and exclusive statement of the terms governing the use of the MaxGuard Platform and supersede all prior and contemporaneous understandings or agreements between the parties.

12) If any provision of these Terms and Conditions is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions, or portions thereof, shall remain valid and enforceable. If a provision could be more narrowly drafted to avoid being invalid, prohibited, or unenforceable, it shall be interpreted accordingly without affecting the validity or enforceability of the remaining provisions.

13) In the event that MaxGuard prevails in any action, suit, or proceeding arising from or based upon these Terms and Conditions, MaxGuard shall be entitled to recover from the Client its reasonable attorneys’ fees and costs incurred in connection with such action, suit, or proceeding.

14) The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of any provision or the rights and obligations of the parties.

15) Unless otherwise stated in these Terms and Conditions, any notice, communication, or statement relating to these Terms and Conditions shall be sent by email, unless written form is explicitly required. Notice shall be considered effective upon delivery to the contact information provided by the respective party or as indicated in the Client’s account. Non-material changes to the Terms and Conditions, such as editorial changes or correction of typographical errors, shall be effective upon posting on the MaxGuard Platform or MaxGuard Website. Material changes affecting the rights and obligations of the parties shall be effective upon delivery to the Client’s last provided email address. If the Client believes that the Agreement is not being performed in accordance with the provisions of the Terms and Conditions, a complaint may be submitted to MaxGuard within 14 days of noticing the breach. All complaints will be handled within a reasonable timeframe, not exceeding 30 days. Notices and complaints from the Client can be sent to the following email to: legal@maxguard.io.

16) Sections related to Intellectual Property, Confidentiality, Indemnification, and any other obligations explicitly or inherently meant to survive termination, cancellation, or expiration of these Terms and Conditions shall remain in effect after such event.

17) Each party acknowledges and confirms that it has had the opportunity to seek independent legal counsel and has read and understood all the terms and conditions of these Terms and Conditions. These Terms and Conditions shall not be construed against either party solely based on its drafting.

47. Severability

In the event that any provision of this Agreement is found to be void, invalid, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision contained herein. The remaining provisions of this Agreement shall continue to be binding and enforceable to the fullest extent permitted by law.

 

If a provision of this Agreement is deemed void, invalid, or ineffective, the parties agree to negotiate in good faith to replace such provision with a valid and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the void, invalid, or ineffective provision. Such replacement provision shall be interpreted and applied in a manner consistent with the objectives and purposes of this Agreement.

 

The parties acknowledge and agree that the invalidity, illegality, or unenforceability of any provision in this Agreement shall not affect the validity, legality, or enforceability of any other provisions. The parties further agree that if any provision of this Agreement is determined to be void, invalid, or ineffective, they will not seek to challenge the validity or enforceability of the remaining provisions of this Agreement.

 

It is the express intention of the parties that the provisions of this Agreement be enforced to the fullest extent permitted by law. In the event that any provision is found to be unenforceable, the parties agree that such provision shall be modified or interpreted to the extent necessary to make it enforceable while preserving the parties’ original intent to the maximum extent possible under applicable law.

 

The invalidity, illegality, or unenforceability of any provision in this Agreement shall not invalidate or render unenforceable any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been included. The parties hereby waive any right to challenge the enforceability or validity of this Agreement based on the inclusion or exclusion of any particular provision that is found to be void, invalid, or unenforceable.

 

Each party acknowledges that the provisions of this Section 33, regarding severability, are fair and reasonable, and that they have had the opportunity to seek legal advice and have fully considered the consequences of this Agreement, including the provisions of this section, before entering into it.

48. Failure to Enforce

The failure of MaxGuard to enforce any provision of these terms and conditions shall not be construed as a waiver of that provision or any rights associated with it. Any waiver of a provision by MaxGuard must be in writing and shall not be deemed a waiver of any subsequent breach or default.

 

MaxGuard’s failure to enforce any part of these terms and conditions does not diminish or impair its right to enforce that provision or any other provision in the future. MaxGuard reserves the right to exercise its rights and remedies under these terms and conditions at any time and in any manner it deems appropriate, even if it has not enforced those rights or remedies in the past.

 

No course of dealing or conduct between the parties shall operate as a waiver of any provision or constitute a waiver by MaxGuard of any of its rights or remedies. The failure of MaxGuard to insist upon strict adherence to any provision of these terms and conditions shall not be deemed a waiver of its right to require performance of that provision or any other provision in the future.

 

MaxGuard’s exercise or non-exercise of any right or remedy under these terms and conditions shall not preclude the exercise of any other right or remedy available to MaxGuard under these terms and conditions or at law. The rights and remedies of MaxGuard under these terms and conditions are cumulative and not exclusive of any other rights or remedies provided by law.

 

It is expressly understood and agreed that the failure of MaxGuard to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision or any right or remedy available to MaxGuard. The rights and remedies of MaxGuard under these terms and conditions are independent, separate, and cumulative, and the exercise of one right or remedy shall not exclude or prejudice the exercise of any other right or remedy.

 

The failure of MaxGuard to enforce any part of these terms and conditions does not constitute a waiver of its rights, nor does it impair or limit MaxGuard’s ability to enforce any provision in the future. MaxGuard retains the discretion to enforce its rights under these terms and conditions at any time and in any manner it deems appropriate, without waiving or prejudicing any other rights or remedies available to it.

 

No waiver by MaxGuard of any provision of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. Any such waiver shall apply only to the specific instance to which it relates and shall not be deemed a waiver of any other provision or a continuing waiver of the same provision in the future.

 

The parties agree that the failure of MaxGuard to enforce any part of these terms and conditions shall not be interpreted as a waiver of MaxGuard’s right to enforce such provision in the future or to exercise any other rights or remedies available to MaxGuard under these terms and conditions or at law.

49. Anti-Bribery

(1) Each Party affirms and warrants that it shall not engage, either directly or indirectly, in any form of bribery, including but not limited to paying commissions, remuneration, or kickbacks outside of official records, to the employees or officers of the other party or any third party. Furthermore, neither Party shall provide any gifts or hospitality or enter into any arrangements of such nature with the employees or officers of the other party or any third party, except for customary and inexpensive advertising gifts in accordance with commercial practices.

 

(2) Any violation of the provisions stated in this Article shall be considered a material breach of this Agreement. In the event of a breach, the non-breaching Party shall have the right to terminate this Agreement by providing written notice to the breaching party. The non-breaching Party also reserves the right to pursue further legal actions and remedies. The breaching party shall be held responsible for any losses incurred by the non-breaching party as a result of the breach.

 

Both parties acknowledge the importance of maintaining ethical business practices and adhere to strict anti-bribery policies. By agreeing to these terms, each Party affirms its commitment to conducting business in a fair, transparent, and lawful manner, free from any form of bribery or corrupt practices.

 

The Parties recognize that bribery is a serious offense and can have detrimental consequences, including reputational damage, legal repercussions, and erosion of trust. Therefore, both Parties undertake to comply with all applicable anti-bribery laws, regulations, and guidelines, both domestically and internationally, including the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.

 

The Parties shall implement and maintain effective internal controls, policies, and procedures to prevent and detect any potential instances of bribery or corrupt practices. This includes implementing due diligence measures when engaging with third parties and conducting periodic reviews to ensure compliance with anti-bribery regulations.

Furthermore, the Parties shall promptly report any suspicions or knowledge of potential bribery or corrupt practices to the appropriate authorities, as required by law.

The provisions of this Anti-Bribery clause shall survive the termination or expiration of this Agreement, ensuring that the obligations and commitments regarding anti-bribery remain in effect even after the conclusion of the business relationship between the Parties.

 

Both Parties affirm their commitment to upholding the highest standards of integrity, transparency, and compliance with anti-bribery laws, fostering a business environment based on trust, fairness, and ethical conduct.

50. Term

1) These Terms and Conditions shall come into effect upon the date of the Client’s registration as a user of the MaxGuard Platform and acceptance of the herein stipulated conditions. The Agreement between the parties is thereby established simultaneously. Following the Client’s aforementioned actions, MaxGuard creates an account. Therefore, by engaging in or utilizing the services or features of the MaxGuard Platform, you acknowledge your consent to be legally bound by these Terms and Conditions. Additionally, you agree that any agents, representatives, employees, or individuals or entities acting on your behalf in relation to the utilization of the services shall be subject to and comply with these Terms and Conditions.

 

2) The Agreement may be entered into for a specific or indefinite duration as determined by the parties. The services provided by MaxGuard to the Client are offered on a month-to-month basis.

51. Proprietary Rights

1) In the relationship between MaxGuard and the Client, MaxGuard holds exclusive rights to utilize algorithms, computation methods, and data processed by MaxGuard for the purpose of measuring network traffic, Events (as defined in section 27.(3) used for geolocation or categorization of network traffic, and any other statistically relevant data necessary for the proper functioning of the MaxGuard Platform or its features (referred to as the “Processed Data”). These rights include all applicable patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights associated with the Processed Data. Any rights not explicitly granted to the Client under these terms are reserved to MaxGuard and other entitled entities.

 

2) The materials provided by the Client (such as advertisements, campaigns, landers, labels, etc.) are and shall remain the exclusive property of the Client. The Client retains all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights associated with their materials.

52. Support

While MaxGuard is not under any obligation to provide support to the Client, it may choose to do so at its own discretion. If technical support is offered, it will be provided in English and will be subject to the terms of the chosen Plan by the Client. Technical support is available on business days, Monday through Friday, from 9:00 to 17:00 Eastern European Time. For comprehensive details regarding technical support, the Client can refer to the information posted on the MaxGuard website member area.

 

Online support for Services is a privilege, not a right. Support is provided via Telegram and is contingent on available human resources. Users must thoroughly read the online documentation before submitting a support request. Support is limited to technical questions regarding the use of Services. The Company does not provide consultation on digital marketing, website development, programming, or systems administration. The Company reserves the right to refuse support at its discretion, including for failure to read documentation, disrespectful behavior, or any inappropriate conduct by the user.

 

Get It Yourself First: Technical support for our Services is NOT guaranteed. We prioritize efficiency, and online support availability depends on our resources. Before wasting our time and yours, thoroughly review our online documentation. It’s comprehensive, covers features, troubleshooting, and FAQs. You’ll likely find answers there, saving everyone the hassle.

Technical Issues Only: We only assist with technical problems related to using our Services. Need help with digital marketing, website development, or system administration? Look elsewhere. Our support team doesn’t handle that.

We Don’t Babysit: Disrespectful behavior towards our company, Services, or support staff will NOT be tolerated. This includes neglecting to read documentation, being rude, or generally acting inappropriately. Consequences for such behavior? Denied support. Simple as that.

We Call the Shots: We reserve the absolute right to refuse online support at any time. Follow these guidelines to avoid wasting your time and ensure a smoother support experience, if we even have the resources to offer it.

Remember: We prioritize efficiency. If you haven’t followed these instructions, expect a swift denial of support.

53. Temporary Suspension

1) Overview
MaxGuard, in its sole discretion, reserves the right to suspend the Client’s right to access or use the Service with immediate notice if, according to MaxGuard’s sole discretion, any of the following conditions are met:

1) Client’s use of or registration to the Service is found to:
a) Pose a security risk to MaxGuard, its Service, or any third party involved.
b) Potentially have adverse impacts on MaxGuard or its clients, including instances where it may result in blocking a user’s access to specific websites, networks, or services.
c) Subject MaxGuard, its affiliates, or any third party to liability, or if it is in breach of any applicable laws or regulations.
d) Display signs of fraudulent activity.
e) Disparage or devalue MaxGuard’s reputation or goodwill.

2) The Client is deemed to be in breach of this Agreement, including instances where the Client has failed to fulfill its payment obligations, leading to delinquency.

3) The Client has violated any of its representations and warranties as stipulated in this Agreement, as well as any other representations and warranties provided to MaxGuard in connection with the Client’s use of the Service.

4) In certain situations where the Client’s servers are suspected of being compromised, leading to potential Distributed Denial of Service (DDoS) attacks or other activities that jeopardize the integrity of MaxGuard’s services, MaxGuard reserves the right to temporarily suspend the Client’s access to the services.
a) Server Compromise: If MaxGuard reasonably suspects that the Client’s servers have been compromised or are being used in activities that pose a threat to the stability, security, or availability of MaxGuard’s services, including but not limited to DDoS attacks, unauthorized access attempts, or any other malicious activities, MaxGuard may temporarily suspend the Client’s access to the services.
b) Impact on Service Integrity: If the compromised servers or activities originating from the Client’s infrastructure significantly impact the integrity or performance of MaxGuard’s services, thereby posing a risk to other users or MaxGuard’s infrastructure, MaxGuard may temporarily suspend the Client’s access to the services to safeguard the overall stability and security of the system.

 

2) Suspension Process
1) Notice: In the event of a temporary suspension, MaxGuard will promptly notify the Client, providing detailed reasons for the suspension unless immediate suspension is deemed necessary by MaxGuard to prevent further harm or damage. The suspension will remain in effect until MaxGuard, at its sole discretion, determines that the concerns or breaches have been adequately addressed and resolved. During the period of suspension, the Client’s access to and use of the Service will be restricted. The notice may be delivered via email or through other communication channels associated with the Client’s account.

2) Investigation: During the suspension period, MaxGuard will conduct a thorough investigation to assess the nature and extent of the suspected compromise or detrimental activities. This investigation aims to protect both the Client and other users of MaxGuard’s services. It is important to note that the decision to impose a temporary suspension rests solely with MaxGuard and is not subject to dispute or challenge by the Client. Regardless of the circumstances that led to the suspension, MaxGuard shall not be held liable for any damages, losses, or inconvenience incurred by the Client.

3) Restoration: Once the investigation is complete and appropriate remedial actions have been taken to address the identified issues, MaxGuard will restore the Client’s access to the services. The restoration timeline may vary depending on the complexity and severity of the situation, but MaxGuard will make reasonable efforts to minimize the suspension period. Upon resolution of the underlying issues that led to the temporary suspension, MaxGuard may, at its sole discretion, reinstate the Client’s right to access and use the Service, subject to any additional conditions or requirements deemed necessary by MaxGuard to prevent future breaches or misconduct.
This provision regarding temporary suspension does not waive any other rights or remedies available to MaxGuard under this Agreement or applicable laws and regulations.

 

3) Client Cooperation
In the event of a temporary suspension due to suspected server compromise or activities impacting the integrity of MaxGuard’s services, the Client is expected to cooperate fully with MaxGuard’s investigation and take necessary actions to mitigate the identified risks. This may include implementing recommended security measures, providing relevant information or logs, or addressing any vulnerabilities discovered during the investigation process.

 

4) No Liability
MaxGuard shall not be held liable for any losses, damages, or inconveniences resulting from a temporary suspension in accordance with this section. The temporary suspension is a preventive measure taken to protect the overall integrity and security of MaxGuard’s services and the wider user community.

 

MaxGuard reserves the right to modify or update this Temporary Suspension section as deemed necessary, while ensuring compliance with applicable laws and regulations. The Client is encouraged to review this section periodically to stay informed about any changes.

 

Please contact MaxGuard’s support team if you have any questions or require further clarification regarding the Temporary Suspension section or any other aspects of our Terms of Service. Our team is dedicated to assisting you and ensuring a safe and reliable environment for all MaxGuard users.

54. Miscellaneous

In the event that legal action is necessary to enforce these Terms of Service, the prevailing party shall be entitled to recover its reasonable costs and attorney fees incurred in connection with such action. Any cause of action brought by you against us or our Affiliates must be initiated within one year from the date the cause of action arises, otherwise, it shall be deemed forever waived and barred.

 

You are not permitted to assign or transfer your rights and obligations under these Terms of Service to any third party without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be considered null and void. We, however, reserve the right to freely assign or transfer our rights and obligations under these Terms of Service without restriction.

 

Furthermore, we shall not be held liable for any non-delivery or delay in the delivery of products or services available through our site that is caused by circumstances beyond our reasonable control. Such circumstances may include, but are not limited to, labor disturbances, wars, fires, accidents, pandemics, adverse weather conditions, transportation unavailability, government acts or regulations, and other similar causes or events that are beyond our control and not reasonably foreseeable by either party.

If any part of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties to the fullest extent possible. The remaining provisions of these Terms of Service shall continue to be valid and enforceable.

 

Any failure by us to enforce or exercise any provision of these Terms of Service or any related right shall not be deemed as a waiver of that provision or right. Our failure to act in a particular circumstance does not waive our right to act with respect to similar circumstances in the future.

 

These Terms of Service constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous negotiations, agreements, understandings, or representations, whether oral or written, relating to such subject matter. No modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless in writing and signed by both parties.

 

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms of Service shall be brought exclusively in the competent courts of that jurisdiction, and you consent to the personal jurisdiction and venue of such courts.

 

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and any other applicable policies or agreements referenced herein. If you do not agree to these Terms of Service, you should refrain from using the Services.

55. Traffic Filtering, Legitimate Cloaking Practices, and Abuse Database Aggregation

1) Overview of Traffic Filtering and Cloaking
MaxGuard employs Traffic Filtering as an essential mechanism to enhance security and optimize website performance by ensuring that only legitimate users gain access to the intended content. This process enables businesses to block unauthorized visitors such as bots, competitors, and other malicious entities. In certain contexts, this practice may be referred to as Cloaking. However, it is crucial to underscore that MaxGuard’s use of cloaking techniques is exclusively for lawful purposes and is neither intended nor designed to deceive or manipulate any third-party systems, including search engines.

 

Historically, Cloaking has been unfairly associated with deceptive practices employed by certain SEO practitioners in the late 1990s and early 2000s, who manipulated search engine results by displaying different content to bots than to human users. This misuse resulted in a negative perception of cloaking, which has persisted despite significant regulatory measures, such as Google’s Panda and Penguin algorithm updates in 2011 and 2012, that effectively curtailed such practices.

 

It is essential to recognize that cloaking, as employed in the context of traffic filtering and user experience optimization, is not inherently deceptive or fraudulent. Legitimate applications of cloaking—such as tailoring content based on geolocation, device type, or user behavior—are widely used and do not violate search engine guidelines, provided they are not employed to manipulate search engine rankings or mislead users.

 

MaxGuard’s platform adheres strictly to ethical and lawful principles in the implementation of traffic filtering and cloaking. These methods are utilized solely to protect businesses from fraudulent traffic, safeguard sensitive data, and ensure that legitimate visitors can engage with the website in a secure and optimized manner. Therefore, MaxGuard’s cloaking techniques serve a protective, rather than deceptive, function and are aligned with the legitimate interests of website operators to control access to their platforms.

 

Any attempt to characterize these techniques as fraudulent or deceptive would fail to consider their legitimate applications across the broader internet, where similar techniques are regularly employed by major websites for the lawful purposes of security and content customization.

 

2) Practical Use of Traffic Filtering

MaxGuard employs a variety of Traffic Filtering methods, including geolocation-based filtering, device detection, and IP address filtration. These methods allow website owners to control what content is shown to different visitors based on their behavior and origin, ensuring that only authorized visitors can engage with the full content of a site. MaxGuard’s use of Cloaking is strictly for security and optimization, not to deceive ad platforms or bypass reviews.

Cloaking can range from basic content filtering, such as delivering different versions of a website to users based on their device type, to more complex implementations that hide or modify content shown to specific audiences. While cloaking can serve legitimate purposes—such as protecting a website from malicious traffic, improving security, or enhancing user experience—it can also be used maliciously. MaxGuard is firmly against the use of cloaking to deceive ad reviewers or circumvent third-party platform rules.

As part of this, MaxGuard also aggregates and combines data from various trusted abuse monitoring databases across the internet. These databases provide essential information about known malicious IP addresses, abusive traffic patterns, and other security threats, enabling MaxGuard to block or filter out such traffic effectively. This integration enhances the accuracy of our filtering systems and contributes to more robust website protection.

3) Importance of Ethical Traffic Filtering and Cloaking

Although there is no authoritative or universally accepted definition of Cloaking in legal or dictionary sources, its practical use and interpretation vary widely. At MaxGuard, Cloaking is defined as a technique to ensure website security and prevent unauthorized access. It is not intended for deceptive or unethical practices, such as bypassing the ad review processes of platforms like Google or Facebook. MaxGuard strictly prohibits the use of its services for fraudulent or nefarious purposes.

Ad reviewers and certain platforms may view cloaking as a malicious activity, particularly when it is used to bypass content moderation or manipulate ad approval processes. MaxGuard draws a clear line by ensuring that Cloaking is used only for legitimate, ethical purposes. Our platform is designed to help website owners filter traffic for security, performance, and personalization, not for deceptive practices. If a service advertises itself as a way to circumvent ad reviews or hide fraudulent activities, that service crosses the boundary into fraudulent cloaking.

4) Importance of Traffic Filtering and Cloaking with Abuse Database Aggregation

MaxGuard recognizes that Traffic Filtering and Cloaking techniques are used across the internet to protect websites and optimize their performance. However, it is important that these methods are employed responsibly and ethically. MaxGuard empowers users to filter traffic for security purposes only, and any attempt to misuse these techniques to circumvent the terms of other platforms is strictly against our Terms of Service.

MaxGuard’s Traffic Filtering and Cloaking tools are intended to block harmful traffic, prevent bot attacks, and tailor content to legitimate users. We do not condone or support the use of cloaking to circumvent ad platform reviews or violate third-party policies. Any attempt to misuse our platform for such purposes is a direct violation of our Terms of Service. Users must adhere to all legal and ethical standards when using MaxGuard, and we reserve the right to take action against any violations.

MaxGuard recognizes that Traffic Filtering and Cloaking, when paired with real-time abuse database aggregation, are essential for optimizing security and user experience. Many websites rely on these techniques to prevent harmful traffic and protect sensitive data. By aggregating data from multiple abuse sources, MaxGuard enhances its ability to block known malicious visitors, ensuring that legitimate users have uninterrupted access to your website.

5) Ethical Use and Liability

MaxGuard’s platform is designed for security and performance optimization. While MaxGuard provides tools for Traffic Filtering, users are solely responsible for how they implement these technologies. MaxGuard is not liable for any misuse of its services, and users are required to comply with all applicable laws and platform rules. Section 6 and 7 of our Terms of Service explicitly outline that users must not use MaxGuard’s services to breach the security or terms of other companies.

Any attempt to misuse these features for nefarious or deceptive purposes is a direct violation of our Terms of Service. We maintain that the responsibility for proper use of these techniques lies with the user, and we reserve the right to take action against any violations.

6) Examples of Ethical Cloaking Techniques

Below are just a few examples of cloaking techniques used by websites to enhance user experiences, improve engagement, and provide customized content. It’s important to note that the responsible and ethical use of these techniques is crucial to maintain transparency and ensure compliance with legal and industry guidelines. These examples highlight the diverse ways in which cloaking techniques are employed by websites to improve user experiences, personalize content, optimize performance, and provide targeted interactions. It’s important for businesses to implement these techniques responsibly and in alignment with user expectations and legal requirements:

1) Geolocation: Websites can use geolocation data to determine the geographic location of visitors. This information allows them to customize content, language, and offers based on the visitor’s location. For example, an e-commerce website can display prices in the visitor’s local currency or provide location-specific promotions.

2) Device Detection: With device detection, websites can identify the type of device being used by visitors, such as a desktop computer, smartphone, or tablet. This enables them to optimize the website’s layout, design, and functionality to provide an optimal user experience on different devices. For instance, a responsive website design may adjust the layout and content presentation based on the screen size of the device.

3) Multivariate A/B Split Testing: Cloaking techniques also involve conducting multivariate A/B split testing, which allows websites to test different versions of their content, layout, or design with different segments of visitors. By showing different variations to different users, the website can collect data on user behavior and preferences to determine the most effective version for improving conversion rates or user engagement.

4) IP Address Filtration: IP address filtration is a cloaking technique used to block or allow access to a website based on the visitor’s IP address. Website owners can use IP address filtering to block traffic from specific regions, known malicious IP addresses, or anonymous proxy servers. This helps prevent unwanted or malicious visitors from accessing the website.

5) Content Personalization: Cloaking techniques also involve personalized content delivery based on user preferences or behavior. Websites can analyze user data, such as past browsing history or demographic information, to present tailored content, product recommendations, or targeted advertisements. This enhances the user experience and increases the likelihood of engagement and conversion.

6) Dynamic Content Generation: Websites can dynamically generate content based on various factors, such as search queries, user profiles, or real-time data. This allows them to deliver relevant and up-to-date information to visitors. For example, a news website may display different articles or headlines based on the user’s interests or current events.

7) Language Localization: Websites can detect the preferred language settings of visitors and dynamically display content in their preferred language. This is especially useful for international websites or those targeting a diverse audience. By presenting content in the visitor’s preferred language, the website can provide a more personalized and user-friendly experience

8) Adaptive Images: Cloaking techniques can be used to serve adaptive images based on the device’s screen resolution and bandwidth. This ensures that visitors receive images optimized for their specific device, resulting in faster load times and a better browsing experience.

9) User Authentication: Websites often use cloaking techniques to provide personalized content and features to registered users. By authenticating users, websites can display personalized dashboards, saved preferences, order history, or exclusive content tailored to each user’s profile.

10) Price Customization: E-commerce websites frequently employ cloaking techniques to customize prices based on various factors such as location, browsing history, or customer segments. This allows them to offer personalized pricing or discounts to different users, enhancing competitiveness and improving conversion rates.

11) Ad Targeting: Cloaking techniques are utilized in online advertising to deliver targeted advertisements to specific user segments. Websites can collect user data, such as browsing behavior, demographics, or interests, and display relevant ads that are more likely to resonate with the user, increasing the chances of ad engagement and conversions.

12) Search Engine Optimization (SEO): Websites often use cloaking techniques to optimize their content for search engines while still providing relevant and user-friendly experiences. This may involve strategically placing keywords, structuring metadata, or creating alternate versions of content for search engine crawlers.

13) Device-Specific Functionality: Websites can leverage cloaking techniques to offer device-specific functionality. For example, a mobile banking app may provide touch-enabled interfaces and fingerprint authentication for smartphone users, while offering a different set of features and interactions for desktop users.

14) Access Permissions: Cloaking techniques can be used to control access to certain sections or features of a website based on user roles or permissions. This ensures that only authorized users can access sensitive information or perform specific actions, adding an extra layer of security to the website.

15) Progressive Web Apps (PWAs): Cloaking techniques are utilized in PWAs to provide an app-like experience on the web. By leveraging technologies like service workers and caching, PWAs can offer offline functionality, push notifications, and fast loading times, delivering a seamless user experience across devices.

 

7) MaxGuard’s Use Cases for Advanced Traffic Filtering and Fraud Prevention

MaxGuard goes beyond basic traffic filtering by offering a comprehensive set of use cases that make it an advanced traffic filtering and fraud prevention software. Our platform helps businesses and website owners detect and block unwanted visitors, including bots, proxies, and VPN traffic, while offering powerful fraud detection features:

  • Fraud Reduction for E-Commerce Sites: MaxGuard detects proxy, VPN, and bot traffic, significantly reducing fraud on e-commerce platforms through anti-fraud measures.
  • Protection Against Automated Hacking Attempts: Our system prevents a range of automated attacks such as XSS, SQL injection, brute force attempts, and application scanning, enhancing your site’s overall security.
  • Content Theft Prevention: MaxGuard shields your site from malicious crawlers that attempt to steal your content, ensuring your intellectual property is protected.
  • Preventing Abuse of Promotional Offers: Detect and prevent users from abusing promotional offers, multiple sign-ups, and affiliate fraud, keeping your marketing campaigns effective and genuine.
  • Anti-Bot Detection: Serve traffic only to real users, preventing bots from generating fake views, clicks, and activity, which result in click fraud and view fraud.
  • Prevent Account Hijacking: By limiting access to account functions (such as password or email changes), MaxGuard stops malicious users from hijacking accounts and keeps your users safe.
  • Customizable Protection: Adjust your security settings based on traffic conditions, time frames, or specific requirements to provide flexible and dynamic protection.
  • Supplementing Fraud Prevention Tools: MaxGuard can be used alongside other fraud prevention services to enhance detection of proxy, VPN, and bad IPs, providing an additional layer of security.

MaxGuard’s Advanced Traffic Filtering and Fraud Prevention system ensures that legitimate visitors are served while fraudulent or malicious traffic is blocked. Our software is designed to protect businesses from a wide range of threats, allowing you to maintain a secure and fraud-free environment.

56. Prohibition of Deceptive Practices

MaxGuard is strictly intended for legitimate use focused on enhancing website security and optimizing traffic performance. Any attempt to use MaxGuard’s services for deceptive purposes, including but not limited to circumventing ad reviews on platforms such as Google, Facebook, or any other ad networks, is expressly prohibited.

 

MaxGuard does not maintain or provide access to a curated database of ad network reviewers or personnel, nor is it specifically designed to evade such systems. In the event that MaxGuard’s tools are perceived to evade ad review processes, such an outcome is purely coincidental and not the result of deliberate design or intent. The platform’s core function is to protect websites from unauthorized access and unwanted traffic, not to manipulate or bypass the guidelines or review processes of third-party services.

 

Users are required to comply with all applicable laws, regulations, and third-party platform policies when using MaxGuard’s services. Any misuse of the platform, including attempts to deceive or manipulate ad review mechanisms, will be considered a breach of this agreement and may result in immediate termination of services.

 

By using MaxGuard, you agree to these terms and acknowledge that any use of the platform for circumventing ad reviews or engaging in unethical practices is strictly prohibited.

57. Liability Disclaimer - Vicarious Liability and Fraud Disclaimer

MaxGuard expressly disclaims any liability for the actions of third parties, including users and clients of our services. While MaxGuard strives to provide secure and innovative tools designed to enhance online operations, we recognize that no system is impervious to misuse. Consequently, MaxGuard cannot be held responsible for any unauthorized or inappropriate use of our services by third parties. It is the users’ sole responsibility to ensure that their use of our services adheres to all applicable laws and regulations.

1. Overview and Scope of Services:
MaxGuard provides Advance Traffic Filtering and Fraud Prevention Technology Services, which are designed to enhance online security and management. Our services enable users to protect their websites, and we are committed to maintaining a secure and lawful environment.

2. User Responsibilities:
Users of MaxGuard are expected to utilize our services in compliance with all applicable laws and regulations. It is the sole responsibility of each user to ensure that their activities are lawful and do not infringe upon the rights of others. Users must refrain from using our services for illegal, unethical, or unauthorized purposes.

3. Citation of Legal Frameworks and Principles:
Consistent with legal principles established under Section 230 of the Communications Decency Act, the DMCA Safe Harbor provisions, and the EU Directive on E-commerce, MaxGuard is not liable for activities conducted by users of our services. These legal frameworks provide that digital and technology service providers like MaxGuard are not responsible for the actions of their users, provided that the provider does not initiate, contribute to, or modify the content created by users.

4. Application of Legal Precedents:
For instance, in Roommates.com, LLC v. Fair Housing Council, the court differentiated between platform actions that contribute to content creation versus mere facilitation of content. MaxGuard operates under the latter, offering tools without manipulating or initiating user content. Similarly, under the Google Spain ruling, while obligations concerning data handling were outlined, these do not alter our role as an intermediary that does not control user-generated actions.

5. Limitation of Liability:
As such, MaxGuard disclaims all liability related to user-generated content or activities. Our responsibility is limited to providing the platform and tools as described in our services outline. Any misuse by a user leading to legal disputes or damages shall be addressed by the user, as MaxGuard does not monitor or control individual user actions beyond ensuring compliance with our terms and policies.

6. User Indemnification:
Users agree to indemnify and hold harmless MaxGuard from any claims, liabilities, losses, or damages arising from their misuse of our services or any actions that breach our Terms of Service.

7. Legal Context and Evolution:
MaxGuard operates in a rapidly evolving digital ecosystem, one that significantly differs from the environment that predated modern internet technologies. The application of outdated legal frameworks—developed before the advent of smartphones and contemporary internet applications—to current digital platforms can lead to misdirected liabilities. It is our view that using such laws to hold platform operators, including CEOs, criminally responsible for actions committed by third parties on their platforms is not only inappropriate but also misguided.

8. Distinction in Liability:
This platform adheres to the principle that direct actions and management should not be conflated with the independent actions of its users. While MaxGuard is committed to enforcing rules and regulations that govern the use of our services, it is crucial to distinguish the facilitative role of the platform from the autonomous actions undertaken by its users.

9. Advocacy for Modern Legal Interpretations:
MaxGuard advocates for legal interpretations that accurately reflect the current technological landscape and the specific nature of digital interactions. We support legislative and judicial efforts to update and apply legal standards that genuinely correspond to modern digital functionalities and user interactions.

10. Disclaimer on Tool Misuse:

MaxGuard acknowledges the inherent risks associated with the deployment of new and innovative technologies. Just as the manufacturer of a ski mask cannot be held responsible for its misuse in a crime, despite its legitimate and laudable purpose to protect from cold weather, MaxGuard’s tools are designed with legitimate and beneficial uses in mind. The fact that a ski mask can be used to rob a bank does not imply that its manufacturer should be held accountable for such actions; similarly, MaxGuard cannot be held responsible for the misuse of our technology by third parties.

While we strive to provide robust and secure tools for enhancing online security and management, it is fundamentally understood that no tool can be entirely immune to misuse or abuse by third parties. As such, it is explicitly stated that the innovators and developers of MaxGuard, including any associated personnel or entities, cannot be held personally responsible for the unintended or malicious uses of our technology. This stance is essential not only for protecting our developers but also for encouraging ongoing innovation and improvement of technological tools without the fear of undue legal repercussions stemming from their potential misuse.

We assert that liability for the misuse of our services rests solely with the individual or entity committing the misuse, rather than with the creators, developers, or distributors of the technology. Just as a tool with a legitimate purpose should not be condemned for its potential misuse, MaxGuard’s innovations are intended for lawful and ethical use, and responsibility for misuse lies with the user, not the tool itself.

MaxGuard provides tools and services designed for legitimate and lawful purposes, but it is important to acknowledge that any tool, no matter how well-intentioned, can be misused by individuals for unintended purposes. Just as a kitchen knife is designed for preparing food but can be used as a weapon, or a car is meant for transportation but can be used in illegal activities, MaxGuard cannot be held responsible for the misuse of our technology. Similarly, a hammer is intended for construction but could be used to cause harm, and spray paint can be used for creative work or vandalism. A smartphone enhances communication and productivity but may be used in unlawful activities, and a crowbar, while useful in construction, could also be employed in a break-in. Power drills, rope, computer software, and lighters all have legitimate uses, but their potential for misuse does not place the manufacturer or creator at fault. In the same way, MaxGuard’s responsibility lies in providing secure and functional tools, not in policing how these tools are used by third parties. Users are solely responsible for ensuring that their actions comply with applicable laws and regulations. Liability for misuse of our services rests entirely with the individual or entity committing such acts, not with MaxGuard, its developers, or distributors.

MaxGuard does not condone or support the use of its services for fraudulent, illegal, or unethical activities. Liability for misuse of our services rests solely with the individual or entity committing such actions, not with the developers, creators, or distributors of the technology.

By accessing or using MaxGuard Services, you agree to indemnify and hold MaxGuard and its affiliates harmless from any claims, damages, losses, or liabilities arising from your use of the services, including any indirect, incidental, or consequential damages. This indemnification extends to protecting MaxGuard against unwarranted claims of vicarious liability, thus supporting the ongoing innovation and development of new technological tools without the fear of personal liability for the potential abuse of these tools by others.

58. Entire Agreement

1) Illegal and Prohibited Use:

1.1) Representations and Warranties: You expressly represent and warrant to the Company that you will not utilize the Website or Services for any unlawful or prohibited purpose, including (but not limited to) activities associated with:

– Money laundering
– Drug trafficking
– Human trafficking
– Weapon trafficking
– Terrorism
– Securities fraud
– Tax evasion

1.2) Prohibition on Assisting Illegal Activity: You further represent and warrant that you will not utilize the Website or Services to assist any third-party in engaging in such illegal activity.

1.3) Prohibited Conduct: You further represent and warrant that you will not, under any circumstances, utilize the Website or Services to:

– Distribute unsolicited commercial emails (spam), junk communications, or chain letters.
– Reverse engineer, disassemble, or otherwise improperly access any underlying code or technical mechanisms of the Website.
– Cause damage to the Website or Company through any means, including (but not limited to) hacking, malware, viruses, denial-of-service attacks, unauthorized credentials, phishing, brute force attacks, SQL exploits, blockchain and/or cryptocurrency-related attacks, attacks on private keys, attacks on cryptographic algorithms, or any other method intended to detrimentally intercept, interrupt, or damage any information or functionality related to the Website.
– Transfer access to your Client area (as defined below) or any other rights granted to you under these Terms of Service.

2) Eligibility for Discounts:

2.1) Discounts as a Privilege: Access to any discounts offered by the Company, including (but not limited to) promotional codes and similar coupons, is a privilege granted at the Company’s sole discretion and not a right. The Company reserves the absolute right to refuse to provide a discount for any reason whatsoever, without explanation or justification. The mere possession of a promotional code does not guarantee eligibility for a discount.

3) Disclaimer of Professional Advice:

3.1) No Professional Advice Provided: The Company’s provision of Services and/or information, data, or documents located on the Website does not, in any way, constitute legal, financial, or any other form of specialized or expert advice. You expressly acknowledge that you should not rely on any information provided by the Company as a substitute for professional advice.

3.2) User Responsibility: By utilizing the Website and Services, you represent and warrant that you have either:

– Sought legal, financial, or other professional advice from a qualified expert, or
– Possess the sufficient knowledge and experience to independently evaluate the risks and benefits associated with the Services and Website.

3.3) User Reliance on Own Judgment: You further represent and warrant that you understand that any recommendations or commentary made by the Company, its employees, or other users are intended to be general in nature. You agree to exercise your own judgment or seek professional advice before taking any action, regardless of any such statements. The Company makes no guarantee regarding the accuracy or completeness of any such statements.

4) Dispute Resolution and Binding Arbitration

4.1) Dispute Resolution

You and the Company agree to use all reasonable efforts to resolve amicably any dispute arising out of or relating to these Terms of Service or your use of the Website and/or Services.

These Terms of Service are governed by and construed in accordance with the laws of Hong Kong. Any disputes arising out of or related to these Terms, the Website, or the Services shall be resolved exclusively in the courts located within Hong Kong. By accessing or using the Services, you agree that you are not a resident of the United States and that you will comply with this jurisdiction clause.

4.2) Mediation

In the event of a dispute, you and the Company agree to attempt to resolve the dispute through mediation conducted in accordance with the Hong Kong Mediation Ordinance (Cap. 621).

4.3) Binding Arbitration (Last Resort)

If mediation is unsuccessful in resolving the dispute within 30 days of the commencement of the mediation, you and the Company agree to submit the dispute to binding arbitration in accordance with the Arbitration Ordinance (Cap. 609) of Hong Kong. The arbitration shall be conducted by a single neutral arbitrator appointed in accordance with the Arbitration Ordinance. The arbitration shall be conducted in Hong Kong and the language of the arbitration shall be English.

4.4) No Class Actions or Jury Trials

YOU AND THE COMPANY AGREE THAT, TO THE EXTENT PERMITTED BY LAW, NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE AND/OR SERVICES IN COURT OR BEFORE A JURY. YOU AND THE COMPANY AGREE TO WAIVE ALL RIGHTS TO TRIAL BY JURY. FURTHER, YOU AND THE COMPANY AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CONSOLIDATED OR CLASS ACTION PROCEEDING.

4.5) Fees and Costs

If you file an arbitration claim against the Company and the claim is found to be frivolous or brought for an improper purpose (as determined by the arbitrator in accordance with the Arbitration Ordinance), you will be responsible for all fees and costs associated with such arbitration, including the arbitrator’s fees and the Company’s attorneys’ fees.

4.6) Waiver of Class Action: To the maximum extent permitted by applicable law, the Customer expressly waives the right to bring or participate in any dispute related to this Agreement as a class action, either as a class member or as a representative. Any dispute between the parties shall be resolved on an individual basis, and the Customer agrees to pursue any claims solely on their own behalf.

4.7) Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, excluding its conflict of law rules. Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be exclusively brought in the courts located in Hong Kong, and the parties hereby consent to the personal jurisdiction and venue of such courts.

4.8) Business Operations and Legal Entities

The Company operates entirely outside the United States, with all business operations, servers, and legal entities based in Hong Kong. The services provided by this website are designed and intended solely for users located outside the United States. Additionally, the Company does not use US-based registrars or hosting services, further emphasizing our non-US jurisdiction.

4.9) Limitation on Jurisdiction and Minimum Contacts

MaxGuard does not have any physical presence, offices, or representatives in the United States, and does not intentionally target or market its services to US residents. By using MaxGuard’s Services, you acknowledge and agree that MaxGuard does not have sufficient minimum contacts with the United States to be subject to US jurisdiction. Any legal disputes shall be resolved exclusively in the courts of Hong Kong, under Hong Kong law.

5) No Waiver

No failure or delay by any party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of such right, power, or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

 

6) Notices

All notices or other communications required or permitted under this Agreement shall be given by email to the email address provided by the parties during the registration process for the Service. Such notices shall be deemed to have been received upon successful transmission, unless the sender receives a delivery failure notification.

  

7) Modification of Agreement

MaxGuard reserves the right, in its sole discretion, to modify this Agreement at any time. Such modifications may be made with or without notice to the Client. Any modifications will be effective immediately upon public posting on MaxGuard’s website or through the Service. The Client’s continued use of the Systems and Service after the posting of any modifications constitutes acceptance of the modified Agreement. It is the Client’s responsibility to review the Agreement periodically to stay informed of any changes. These Terms may only be modified by a written agreement signed by both parties or by MaxGuard posting an updated version on its website. Any attempt to alter these Terms through other documents is null and void unless explicitly agreed upon in writing.

 

8) Use of Client’s Name and Logo

MaxGuard may, at its sole discretion, use the Client’s name and/or logo in promotional materials and on MaxGuard’s website for the purpose of identifying the Client as a user of the Service. This usage does not grant the Client any right or license to use MaxGuard’s name, logo, or other trademarks or intellectual property without prior written consent from MaxGuard.

9) Entire Agreement
These Terms and Conditions constitute the entire agreement between you and MaxGuard regarding the subject matter herein, superseding all prior agreements and understandings. Any additional or different terms proposed by you are expressly rejected and hold no effect.

10) Precedence
In the event of any conflict between these Terms and any other content on the website, these Terms shall prevail. They govern your use of the website and the purchase of any products or services offered through it.

11) Acceptance and Acknowledgment
By creating an account, logging into the Service, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must not proceed with creating an account or using the Services.

12) Scope of Agreement
This Agreement encompasses the entire relationship between you and MaxGuard regarding the Services. It supersedes any prior discussions, negotiations, or understandings.

13) Regular Review and Updates
You are responsible for regularly reviewing these Terms for any updates or changes.

14) Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, it shall be severed, and the remaining provisions shall continue in full force and effect.

15) Assignment
This Agreement binds and benefits the parties and their respective successors, assigns, and legal representatives. You may not assign your rights or obligations without MaxGuard’s prior written consent. MaxGuard may freely assign its rights and obligations.

16) Headings
Headings are for convenience only and do not affect the interpretation of this Agreement.

17) User Responsibility
Users are responsible for their actions and the content they post or share using the Services. MaxGuard does not endorse any user content and is not liable for any user-generated content.

18) No Third-Party Beneficiaries
These Terms are for the benefit of the parties to this Agreement and do not confer any rights or benefits to any third party.

By accessing the Website and/or using the Services, you are unconditionally bound by these Terms. You forfeit any right to question, dispute, protest, or challenge the absolute authority of these Terms. If you have even the slightest objection to any part of these Terms, you are expressly forbidden from accessing the Website and/or using the Services. Your compliance is mandatory, and your use of our platform signifies your unequivocal acceptance of every stipulation herein.

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