Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Maxmodus LLC ("Maxmodus," "we," "us," or "our") concerning your access to and use of the BOS (Business Operating System) service and the Maxmodus website at www.maxmodus.com (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Description of Service

BOS is an AI-powered business operating system designed to help organizations discover, map, and optimize their operational workflows. The Service includes AI-guided discovery sessions, process analysis, findings reports, and related tools provided through the Maxmodus platform.

2. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Be legally capable of entering into binding contracts
• Not be prohibited from using the Service under applicable law

When registering an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Subscription and Payment

Certain features of the Service may require a paid subscription. By subscribing, you agree to pay all applicable fees. Subscription details, including pricing and billing cycles, will be presented at the time of purchase. All fees are non-refundable except as required by law or as expressly stated otherwise.

4. Acceptable Use Policy

You may NOT use the Service to:

• Violate any applicable law or regulation
• Infringe on intellectual property rights of others
• Distribute malware or conduct phishing attacks
• Send unsolicited communications (spam)
• Harass, threaten, or abuse other users
• Attempt unauthorized access to the Service or its systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Misuse AI features to create discriminatory, deceptive, or harmful content
• Interfere with the proper functioning of the Service

5. Intellectual Property Rights

The Service and all related content — including software, text, graphics, logos, and documentation — are owned by Maxmodus and protected by copyright, trademark, and other intellectual property laws.

5.1 Your Content

You retain ownership of any data, text, or materials you submit to the Service. By submitting content, you grant Maxmodus a limited license to use, process, and store that content solely to provide and improve the Service.

5.2 AI-Generated Output

Findings reports, insights, and other AI-generated outputs created through BOS are provided for your use. Maxmodus retains the right to use aggregated, anonymized data to improve its AI models and services.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. MAXMODUS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-generated insights and recommendations are informational in nature and should not be considered professional advice. You are responsible for evaluating and acting on any information provided by the Service.

7. Data Privacy and Security

Your use of the Service is subject to our Privacy Policy. We implement the following measures to protect your data:

• Encryption in transit (TLS 1.3) and at rest (AES-256)
• Role-based access controls and multi-factor authentication
• Regular security audits and vulnerability assessments
• Secure infrastructure hosted on AWS

8. Term and Termination

You may cancel your subscription at any time through your account settings. We may terminate or suspend your account for:

• Violations of these Terms
• Fraudulent activity
• Non-payment of fees
• Conduct harmful to other users or the Service

Upon termination, your data will be retained for 30 days to allow for export, then permanently deleted unless a longer retention period is required by law.

9. Indemnification

You agree to indemnify and hold harmless Maxmodus, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXMODUS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Dispute Resolution

Before filing a formal claim, you agree to contact us at legal@maxmodus.com for informal resolution. We will attempt to resolve the dispute within 30 days.

If informal resolution is unsuccessful, disputes will be resolved through binding arbitration rather than in court, conducted on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law and Venue

These Terms are governed by the laws of the State of New York and the federal laws of the United States. For disputes not subject to arbitration, exclusive jurisdiction is in the state and federal courts located in Suffolk County, New York.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Maxmodus.
• Modifications: We may modify these Terms with 30 days' notice for material changes. Continued use after changes constitutes acceptance.
• Severability: If any provision is found invalid, the remaining Terms continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations at any time.

14. Contact Information

15. Acceptance of Terms

By creating an account or using the Service, you acknowledge that you have:

• Read and understood these Terms
• Agreed to be bound by them
• Authority to enter into this agreement
• Confirmed you are at least 18 years of age
• Agreed to comply with all applicable laws
• Understood the limitations and disclaimers described herein

If you do not agree to these Terms, do not use the Service.