Terms of Service

Thank you for using our products and services ("Services"). By using our Services, you are agreeing to these terms. Please read them carefully.

We offer a wide range of Services, and sometimes additional terms may apply. When you use a MaxLinc Product, you will be subject to the guidelines, terms, and agreements applicable to that Products or Services ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

Electronic Communications

When you use any of MaxLinc Services or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text messages, Phone calls, in-app push notices, or by posting notices and messages on the MaxLinc site or through other MaxLinc Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any MaxLinc Services (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of MaxLinc or its content suppliers and is protected by copyright laws. The compilation of all content included in or made available through any MaxLinc Service is the exclusive property of MaxLinc and protected by international copyright laws.

Using our Services

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms and policies or if we are investigating a suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your MaxLinc Account

You may need a MaxLinc Account in order to use some of our Services. You may create your own MaxLinc Account, or your MaxLinc Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a MaxLinc Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. To protect your MaxLinc Account, keep your password confidential. You are responsible for the activities that happen on or through your MaxLinc Account. Try not to reuse your MaxLinc Account password on third-party applications. If you learn of any unauthorized use of your password or MaxLinc Account, contact us at Support@MaxLinc.com.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, MaxLinc or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the MaxLinc Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by MaxLinc or its licensors, suppliers, publishers, rights holders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of MaxLinc without express written consent. The licenses granted by MaxLinc terminate if you do not comply with these Terms of Use or any Service Terms.

Your Content in our Services

Some of our Services allow you or your devices to measure, record, upload, submit, store, send or receive data to our servers. This data consists of but is not limited to data you enter into our online applications or your devices manufactured by us, measurements using meters and sensors that our devices operate and handle, geographical information, IP, list of wireless networks including WiFi, Bluetooth, and cellular antennas in the proximity of your devices. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive data to or through our Services, you give MaxLinc a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.

About Software in our Services

When a Service requires or includes downloadable software or firmware for your devices, this software or firmware may update automatically on your device once a new version or feature is available. MaxLinc gives you a worldwide non-exclusive license to use the software provided to you by MaxLinc as part of the Services. You may not copy, modify, distribute, sell, or lease any part of our Services or included software and firmware, nor may you reverse engineer or attempt to extract the source code of that software or firmware, unless laws prohibit those restrictions, or you have our written permission.

Subscription Services and Subscription Terms

Upon the purchase of any MaxLinc products, the Customer shall receive an initial trial period of twelve (12) months of full free access (Called Premium Access) to the online application and data history of the device and equivalent to $5 credit for text messages and automated phone call alarms and other paid services in our application. By end of the trial period, access to the history of records will be automatically restricted to the last 45 days. Users can extend their unlimited access by purchasing "Premium Access" online through the "My Profile" Page. MaxLinc has no responsibility for maintaining your data beyond the last 45 days on our servers for users without purchasing extended "Premium Access".

Disclaimer of Warranties and Limitation of Liability

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we will be sorry to see you go. MaxLinc may also stop providing Services to you or add or create new limits to our Services at any time.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, MaxLinc, and their affiliates, officers, directors, employees, agents, suppliers, and distributors disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

• The Services will be uninterrupted, timely, secure, or error-free;
• The data, measurements, readings, or alerts provided by our hardware devices or software will be accurate, complete, or reliable;
• Any hardware devices, sensors, data loggers, or firmware will be free of defects, malfunctions, or failures;
• The Services will meet your specific requirements or expectations;
• Any data stored on our servers will be preserved beyond the retention periods stated herein.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAXLINC, OR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES.

Right to be Forgotten

You can always delete a device under your account. By doing this all the history records of that device will be erased from our database permanently. Please be advised that this procedure is irreversible. To keep sure all the records in the internal memory of your devices are wiped out you need to sync the device with the server via Wi-Fi after un-claiming it under your account. If you need to delete your account itself, please un-claim all the devices under your account and then send an email with the subject "Delete" to Support@MaxLinc.com.

Business Uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will indemnify MaxLinc and its associated companies, affiliates, officers, agents, and employees from any claim, lawsuit, or action arising from or related to the use of the Services or violation of these terms.