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Terms of Service

These Terms of Service (this "Agreement") govern your access to and use of Maxify's email marketing and deliverability optimization platform, websites, APIs, and related services (the "Services") provided by Maxify.co ("Maxify," "we," "us"). By purchasing or using the Services, you agree to this Agreement. If you accept on behalf of an entity, you represent you have authority to bind that entity.

1. Acceptance & Scope

You may use the Services only in accordance with this Agreement and applicable law. If you do not agree, do not use the Services. This Agreement incorporates by reference any Order (defined below), our Privacy Policy, and any Data Processing Addendum ("DPA"), if applicable.

2. Definitions

Business Data: your employees' contact data, email content, and metadata.

Recipient Data: any information relating to your Authorized Users (submit to or store in the Services (e.g., contact lists, recipient data, content, and other information that enables communication with recipients). Recipient Data does not include Personal Data.

Personal Data: any information relating to an identified or identifiable natural person.

Order: an order form or online checkout that references this Agreement and billing, limits, and fees.

Subscription Term: the period of paid access set in an Order, including renewals.

3. Data Ownership

You own and retain all rights in your Business Data. Maxify does not sell Business Data and does not share Business Data with third parties for their marketing or advertising. You grant Maxify a limited, worldwide, royalty-free license to host, process, transmit, and make inferences from Business Data as needed to provide, maintain, improve the Services, prevent abuse, and comply with law.

We may publish or use within required law all hosted or return Business Data within a reasonable period, subject to legal retention and routine backup cycles. If processing Personal Data is subject to any such as GDPR/UK GDPR, CCPA/CPRA, PIPEDA, or similar, the DPA governs.

4. Acceptable Use & Compliance

You will not use the Services to send spam, phishing, malware, unlawful or deceptive content, or to violate third party's rights or laws. You must comply with messaging laws and standards (including CAN-SPAM, CASL, GDPR/UK GDPR, ePrivacy, CCPA/CPRA), maintain and honor suppression lists, use truthful sender identities and subject lines, and obtain required consent. We may review campaigns, invoke or block sends, or suspend accounts to protect recipients, networks, or reputation if we reasonably believe your use violates this Agreement or law.

5. Billing

Fees are set forth in your Order and are due in advance, non-refundable, unless required by law. If you exceed plan limits, we may upgrade you to an appropriate tier or charge overages for the period exceeded. Subscriptions auto-renew for successive terms equal to the initial Subscription Term unless either party gives notice of non-renewal at least thirty (30) days before the end of the current term (if monthly: at least seven (7) days). We are responsible for applicable sales tax but may adjust or decline to do so if your jurisdiction and use requires it. Pricing may change on renewal with prior notice.

6. Intellectual Property

Maxify and its licensors own the Services and related IP. Except for the limited rights expressly granted, no rights are conveyed by implication. You will not copy, modify, create derivatives, resell, reverse engineer, or circumvent technical controls. If you provide feedback, you grant Maxify a perpetual, royalty-free license to use it without restriction or obligation.

7. Third-Party Services

Integrations with third-party services (e.g., CRMs, analytics, sending infrastructure) are governed by those services' terms. Maxify does not control their availability, security, or data handling. When you enable an integration, you instruct us to exchange Business Data with that service as configured. We may engage subprocessors to support the Services; they are bound by confidentiality and data-protection obligations no less protective than this Agreement.

8. Confidentiality

Each party may receive the other's Confidential Information (including Business Data and non-public technical, financial, or business information). The receiving party will (i) use it only for performance under this Agreement; (ii) protect it using reasonable care; and (iii) disclose it only to those with a need to know under similar obligations. Exceptions include information that is public, already known, independently developed, or rightfully received from a third party. Disclosures compelled by law are permitted with reasonable prior notice when legally permissible.

9. Indemnification

You will defend, indemnify, and hold harmless Maxify and its affiliates, officers, directors, and employees from third-party claims and losses arising out of or your Business Data or messages; (ii) your use of the Services in violation of law or this Agreement; or (iii) our processing performed under your instructions.

10. Changes to Agreement

We may update these terms. For material changes, we will provide notice (e.g., email or in-app). The updated terms become effective on the stated date. If you do not agree, you may terminate before they take effect (fees through the current term remain due). Continued use after the effective date constitutes acceptance.

Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Country or State], without regard to conflict of law principles.