These Terms of Service (the “Terms”) are a binding agreement between you and maxclicks lab, LLC (“maxclicks,” “we,” “us,” or “our”) and govern your access to and use of the maxclicks website at https://maxclicks.ai, our applications, dashboards, public API, SMTP and MCP interfaces, and related products and services (together, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization, and “you” refers to that organization. Your use of the Service is also governed by our Privacy Policy and, for AI features, our maxinja AI Assistant Terms, each of which is incorporated into these Terms by reference.
1. Definitions
- “Customer Data” means the data you and your authorized users submit to the Service, including contacts, objects, events, attributes, segments, email content, templates, workflows, forms, uploaded files, and the personal data of your own contacts and end users.
- “Contacts” means the individuals whose personal data you load into and process through the Service.
- “maxinja” means our AI assistant and the AI features of the Service, including content personalization (Adaptyle) and generated logic.
- “Credits” means the prepaid or plan-allotted units used to meter usage-based features of the Service.
2. The Service
maxclicks is a customer engagement platform: it models your business as data, generates the audiences and fields behind it, and writes each recipient their own message. The Service currently supports email as its sending channel. Features, channels, and limits may change over time as the Service evolves. We may offer features labeled beta, preview, or experimental; those features are provided “as is,” may be changed or withdrawn at any time, and may be subject to additional terms.
3. Accounts and eligibility
You must provide accurate account information and keep it current. Sign-in is available through a work email address and supported identity providers; certain public email domains may be rejected. You are responsible for safeguarding your credentials, API keys, and SMTP secrets, and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
A workspace (a “space”) may have multiple members with different permission levels, including administrators who manage members, billing, and space-wide settings. You are responsible for managing your members and their access, and for their compliance with these Terms. You must be of legal age to form a binding contract to use the Service.
4. Plans, credits, and billing
The Service is offered on free and paid plans. Paid plans carry a recurring subscription fee, may include per-member seat charges, and use Credits for usage-based features such as AI work and email sending beyond plan allowances. Pricing, allowances, and the meaning of a Credit are described on our pricing page, which is incorporated by reference and may be updated from time to time.
- Payments. Paid plans and Credit purchases are processed by our payment processor, Stripe. You authorize us and Stripe to charge your payment method for all applicable fees, including recurring fees and any automatic Credit recharge you enable.
- Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, except taxes based on our net income.
- Non-payment. If a charge fails or your balance falls below required levels, we may suspend usage-based features, pause sending or automations, or suspend the account until amounts are paid.
- Changes. We may change pricing or plan features on a prospective basis with reasonable notice. Continued use after a change takes effect constitutes acceptance.
- Refunds. Except where required by law or expressly stated, fees and Credits are non-refundable, and Credits have no cash value.
5. Customer Data and your responsibilities
As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Service, to prevent abuse, and as otherwise permitted in these Terms and our Privacy Policy. You are responsible for the accuracy, quality, and legality of your Customer Data and for how you obtained it.
With respect to your Contacts, you act as the controller and we act as a processor acting on your instructions, as further described in our Privacy Policy. You represent and warrant that you have all rights, permissions, and a valid legal basis (including any required consent) to load your Contacts into the Service and to send them the communications you create, and that you will honor opt-outs and data subject requests. You are solely responsible for the content of the messages you send.
6. Acceptable use
You agree not to, and not to permit anyone to:
- use the Service in violation of any applicable law, regulation, or third-party right;
- upload or send unlawful, infringing, deceptive, harmful, or malicious content, or content prohibited by our maxinja AI Assistant Terms;
- send unsolicited bulk or commercial messages, use purchased, rented, scraped, or non-consented lists, or otherwise send spam;
- probe, scan, or test the vulnerability of the Service, breach or circumvent security or authentication, or access data not intended for you;
- reverse engineer, decompile, or attempt to extract source code, underlying models, generated expressions, or prompts, except to the extent that restriction is prohibited by law;
- resell, sublicense, or provide the Service to third parties except as expressly permitted, or use it to build a competing product;
- exceed documented rate limits, or place an unreasonable or disproportionate load on the Service, its API, SMTP, or MCP interfaces;
- interfere with or disrupt the integrity or performance of the Service or the data it contains.
7. Email sending and anti-spam compliance
You are solely responsible for compliance with all laws and standards applicable to your communications, including the US CAN-SPAM Act, Canada’s CASL, the EU GDPR and ePrivacy rules, and equivalent laws. At a minimum, you must: send only to recipients who have provided a valid legal basis or consent to be contacted; accurately identify yourself and the nature of the message; include a functioning unsubscribe mechanism in marketing messages; honor opt-out and suppression requests; and include a valid physical postal address where required.
We provide tools to help you comply, including consent records, double opt-in, suppression lists, and unsubscribe handling, but use of these tools does not make us responsible for your compliance. Email is delivered through our infrastructure provider (Amazon Web Services SES), and your sending is also subject to that provider’s acceptable use requirements. To protect deliverability for all customers, we may throttle, pause, or suspend sending that generates excessive bounces or spam complaints, or that we reasonably believe violates these Terms.
8. AI features (maxinja)
The Service includes AI features. AI output can be inaccurate, incomplete, or unsuitable for your purpose, and you are responsible for reviewing and approving anything you act on, including generated audiences, content, and automation logic. Your use of these features is governed by our maxinja AI Assistant Terms.
9. Third-party services and integrations
The Service interoperates with third-party services, including payment processing, AI providers, and integrations you choose to connect (such as commerce, CRM, and data platforms). Your use of a third-party service is governed by that party’s terms, and we are not responsible for third-party services. When you connect an integration, you authorize the exchange of data between that service and your space. The sub-processors we use to operate the Service are described in our Privacy Policy.
10. Intellectual property
The Service, including all software, models, prompts, generated expressions, designs, and documentation, and all intellectual property rights in them, are and remain the property of maxclicks and its licensors. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, subject to these Terms. We reserve all rights not expressly granted.
If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you. You may not use our name, logos, or trademarks without our prior written consent, except as needed to identify maxclicks as your service provider.
11. Confidentiality
Each party may receive confidential information of the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.
12. Service availability and disclaimers
We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free, or secure, or that defects will be corrected. Except as expressly stated in a separate written agreement, the Service is provided “as is” and “as available,” and we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that AI output will be accurate, reliable, or fit for your purpose. You are responsible for maintaining your own copies of data you consider important.
13. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to these Terms or the Service, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months before the event giving rise to the liability. These limitations do not apply to liability that cannot be limited under applicable law.
14. Indemnification
You will defend, indemnify, and hold harmless maxclicks and its officers, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to: your Customer Data; your messages and the way you obtained and use your Contacts; your use of the Service in violation of these Terms or applicable law; or your breach of your representations regarding consent and compliance.
15. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, fail to pay, create risk or legal exposure for us or others, or as needed to protect the Service. Where practical and lawful, we will provide notice and an opportunity to cure.
On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period as described in our Privacy Policy, after which we may delete it in the ordinary course, subject to records we retain for legal, security, or compliance purposes (such as suppression and consent records). Provisions that by their nature should survive termination will survive, including sections on Customer Data ownership, intellectual property, disclaimers, liability, indemnification, and governing law.
16. Changes to the Service and these Terms
We may modify the Service and these Terms from time to time. If we make a material change to these Terms, we will provide reasonable notice, for example by posting the updated Terms with a new effective date or by notifying you in the Service. Changes take effect when posted unless stated otherwise, and your continued use after that constitutes acceptance.
17. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Talk to us first. Before filing anything, the parties will try to resolve the dispute informally. Send a written description of the claim and the relief you want to [email protected]. If it is not resolved within thirty (30) days, either party may proceed.
Where disputes are heard. Any dispute not resolved informally will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming, and each party consents to that jurisdiction and waives any objection to it. Either party may still bring an individual claim in small claims court, and nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.
Individual claims only. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The parties waive any right to participate in a class or representative action, and no court may consolidate one party’s claim with anyone else’s without the written consent of both parties.
Jury trial waiver. To the maximum extent permitted by law, each party waives any right to a jury trial in any proceeding arising out of or related to these Terms or the Service.
Time limit. To the maximum extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the claim arose. Claims brought after that are permanently barred.
If any part of this section is held unenforceable, the rest of the section remains in effect.
18. General
- Entire agreement. These Terms, the Privacy Policy, the maxinja AI Assistant Terms, the pricing page, and any order or plan you accept are the entire agreement between you and us regarding the Service.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Severability and waiver. If any provision is held unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may provide notices through the Service or by email. You may contact us at [email protected] or by mail at maxclicks lab, LLC, 30 N Gould St, Ste R, Sheridan, WY 82801.
19. Contact
Questions about these Terms can be sent to [email protected].