TERMS OF SERVICE

Maxed App, Inc. ("Maxed," "we," "us," "our") provides its services (described below) to you through its website located at maxed.vip (the "Site") and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

By accessing or using the Service you agree to be bound by these Terms of Service. If you disagree with any part of the terms, you may not access the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MAXED ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

The Maxed Privacy Policy is located here.

1. Access and Use of the Service

Services Description: The Service is a platform for athletes and creative professionals ("Creators") to monetize their digital goods, content, and services ("Creator Content") and allows Creators' fans and followers ("Customers") to purchase such Creator Content using the Maxed platform.

Platform Functionality: Except for transactions involving the purchase of a license to use the Services, Maxed is not a party to any transactions regarding the purchase and sale of Creator Content conducted through the Services – such transactions are solely between Creators and Customers. Neither is Maxed the creator or owner of the Creator Content listed on or made available through the Services. Maxed's Services allow Creators to manage and streamline the administrative aspects of their business, including providing Customers with a user-friendly platform through which to purchase Creators' Creator Content. Creators are solely responsible for ensuring that any Creator Content made available through the Services meet all applicable laws, rules and regulations, and that the Creator Content described by Creators are delivered as described in an accurate and satisfactory manner. Maxed has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of Creator Content made available through the Services; (b) the truth or accuracy of Creators' descriptions of the Creator Content made available on or through the Services; (c) the ability of Creators to fulfill purchases as made available through the Services; (d) the ability of Customers to pay for purchases as purchased through the Services; (e) that Creators or Customers will actually complete a transaction through the Services; or (f) the safety, suitability, or legality of communications of users, whether in public or private, via online or offline interactions.

Your Registration Obligations: You may be required to register with Maxed in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Maxed of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Maxed will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Maxed reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Maxed will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Maxed may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Maxed's servers on your behalf. You agree that Maxed has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Maxed reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Maxed reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Maxed and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Maxed account information to ensure that your messages are not sent to the person that acquires your old number.

SMS/MMS/Text Service: By providing us with your phone number, you consent to receive prerecorded calls and information from us via SMS and/or MMS messages sent through an automated telephone dialing system ("Text Service"), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly.

There is no additional charge for the Text Service, but your mobile carrier's standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

As described in the Text Service enrollment and welcome messages, including messages sent to a shortcode associated with the Text Service or by reply to any message you receive from us, you may text "STOP" to cancel or "HELP" for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

You can also invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Services, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.

2. Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Materials") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of Materials and/or use that is illegal or prohibited by Maxed. Maxed reserves the right to investigate and take appropriate legal action against anyone who, in Maxed's sole discretion, violates this provision, including without limitation, removing the offending Materials from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

a) email or otherwise upload any Materials that (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) pose or create a privacy or security risk to any person; (v) constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) are unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (vii) are related to credit monitoring, credit repair and counseling services, adult content and services, pornography or other mature audience content, including but not limited to; literature, imagery, and artificial-intelligence-generated content, or (viii) in the sole judgment of Maxed, are objectionable or which restrict or inhibit any other person from using or enjoying the Service, or which may expose Maxed or its users to any harm or liability of any type;

b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

c) violate any applicable local, state, national or international law, or any regulations having the force of law;

d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e) solicit personal information from anyone under the age of 18;

f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Anti-Spam Compliance. By using the Services, you agree to comply with the U.S. CAN-SPAM Act, Canada's Anti-Spam Law (CASL), and any other applicable laws and regulations in relation to all commercial electronic messages sent by you or on your behalf through Maxed, including for greater certainty, any consent or notice obligations under such legislation. You agree to indemnify and hold harmless Maxed, its affiliates and their respective directors, officers, employees, contractors, agents, representatives, shareholders, successors, and assigns, against any and all loss, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, or expense, including reasonable legal fees and disbursements, and the cost of enforcing any right to indemnification hereunder, arising out of or occurring in connection with your failure to comply with this paragraph.

Permissions Creators Must Maintain. If you are a Creator, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that you will:

a) obtain, prior to the start of offering your Creator Content to Customers through the Service, all applicable licenses, permits, and authorizations (individually and collectively, "Permissions") with respect to Creator Content offered by you and made available to Customers through the Services;

b) comply, and will ensure that the physical and virtual venues for any events or functions hosted by you and offered through the Services will comply, with all applicable laws, regulations, rules and ordinances;

c) only make Creator Content available to Customers through the Service after you have obtained any specific Permissions necessary for making such Creator Content available, including, but not limited to, any state, county, municipal or other local authority's authorization, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and

d) maintain in force throughout the term of your access to the Service the applicable Permissions to promote, produce, sponsor host and sell all Creator Content offered by you on the Services.

This release specifically extends to any claims related to the quality, effectiveness, or safety of any Creator Content or services provided through the Maxed platform, including but not limited to digital products, downloadable content, online resources, training programs, coaching services, and athletic instruction. This includes, but is not limited to:

1. Digital products (such as workout plans, nutrition guides, or training materials)
2. Virtual or in-person coaching sessions
3. Educational content or instructional materials
4. Consultation services
5. Personalized programs or plans
6. Athletic training or instruction of any kind
7. Fitness-related advice or guidance
8. Performance coaching or mentorship

Further, without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Maxed and its officers, directors, agents, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claims related to your athletic services, training programs, or professional qualifications. You agree to provide evidence of current certifications, insurance, and other relevant professional credentials prior to offering athletic training services through the platform and promptly upon the reasonable request of Maxed from time to time.

Creator Membership and Payment Plans: When you sign up as a Creator you will be required to select a membership tier and a payment plan. You agree to pay Maxed the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Services. You hereby authorize Maxed to bill your payment instrument in advance on a periodic basis as further described in our Payments and Fees section below. We reserve the right to change prices and/or fees for membership, as further described in our Payments and Fees section below.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. YOU MAY CANCEL ANY TIME BY VISITING YOUR ACCOUNT AND CLICKING SETTINGS > CANCEL SUBSCRIPTION.

General Terms Regarding Payment and Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Maxed information regarding your credit card or other payment instrument. You represent and warrant to Maxed that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize Maxed to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Maxed know within sixty (60) days after the date that Maxed charges you. We reserve the right to change Maxed's prices. If Maxed does change prices, Maxed will provide notice of the change on the Site or in email to you, at Maxed's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Maxed's net income. If all eligible payment methods we have on file are declined or your payment otherwise fails, we may immediately cancel or revoke your access to the Services or we may contact you to ask you to provide a new eligible payment method before your subscription will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge. If you contact your bank or credit card company to decline or reverse the charge of fees, we may revoke your access to our Services in general. As a Creator on Maxed, you acknowledge that canceling your subscription does not void any obligations you have to existing customers who have purchased your Creator Content or services through the platform.

Payment Processors: If you are billed by us, you will be required to provide information regarding your credit card or other payment instrument to our third party payment processers (the "Payment Processors"). Maxed currently uses Stripe (https://stripe.com/) as its Payment Processor, but reserves the right to change Payment Processors. You will tender payment to the applicable Payment Processor. Fees for the Service will be processed by the applicable Payment Processor. You are bound by the applicable Payment Processor's terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the "Payment Processer Terms"). Information provided to any Payment Processor is governed by the applicable Payment Processor Terms. Stripe's Payment Processer Terms are comprised of Stripe's Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement located at https://stripe.com/legal and Stripe's Global Privacy Policy located at https://stripe.com/privacy. We are not responsible for the performance of any Payment Processor, including Stripe.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3. Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Maxed, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Maxed from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Maxed, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Maxed.

The Maxed name and logos are trademarks and service marks of Maxed (collectively the "Maxed Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Maxed. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Maxed Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Maxed Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Maxed be liable in any way for any content or materials of any third parties (including Creators and other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Maxed does not pre-screen content, but that Maxed and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Maxed and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Maxed, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

License to Materials: With respect to any content you upload or provide to the Service ("Materials"), you represent and warrant that you own all right, title and interest in and to such Materials, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any Materials, you grant Maxed a limited license to store, display, process, and transmit your Materials solely as necessary to provide and maintain the Service. This includes:

1. Displaying your Creator Content on your storefront and other platform surfaces
2. Processing payments for your products and services
3. Storing, caching, and serving your profile information and media
4. Technical processing necessary for platform functionality and improvement
5. Analytics, security, and operational measures required for platform operation
6. Creating backups and maintaining platform integrity
7. Enabling sharing and preview features within the platform
8. Using non-Creator Content (like profile information) for platform promotion

For Creator Content (including but not limited to training programs, digital products, and coaching services), you retain all ownership and intellectual property rights. Maxed's license to Creator Content is limited to:

1. Facilitating its sale and delivery to your customers through our platform
2. Displaying previews and samples you choose to make available
3. Enabling platform features you activate (such as sharing or embedding)
4. Processing content for security and platform optimization
5. Marketing or promotional use only with your explicit consent via platform settings or direct communication

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Maxed are non-confidential and Maxed will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Maxed may preserve and disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Maxed, its users and the public. You understand that the technical processing and transmission of the Service, including your Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Maxed respects the intellectual property 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, or that your intellectual property rights have been otherwise violated, you should notify Maxed of your infringement claim in accordance with the procedure set forth below.

Maxed will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Maxed's Copyright Agent at maxed.vip.official@gmail.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at maxed.vip.official@gmail.com.

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe your content was wrongfully removed or disabled due to a copyright complaint, you may submit a counter-notice to maxed.vip.official@gmail.com with the following information:

1. Your full name and electronic signature
2. Description and location of your removed content (e.g., "My workout program that was at maxed.vip/[your-profile]")
3. A clear statement explaining why you believe the content was removed by mistake or misidentification
4. Your contact information (email, phone, address)
5. Two statements declaring that:
   • You consent to the jurisdiction of the federal court in Northern California
   • You will accept legal notice from the person who filed the original complaint

Upon receiving a valid counter-notice, Maxed will:

1. Forward the counter-notice to the original complainant
2. Wait 10-14 business days
3. Restore your content unless we receive notice that the complainant has filed a court action

Note: False counter-notices may result in account termination and legal liability. If you're unsure about your rights, please consult a legal professional.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Maxed has adopted a policy of terminating, in appropriate circumstances and at Maxed's sole discretion, users who are deemed to be repeat infringers. Maxed may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including sites and services offered by Creators). Maxed has no control over such sites and resources and Maxed is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Maxed will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including those between Customers and Creators) found while using the Service are between you and the third party, and you agree that Maxed is not liable for any loss or claim that you may have against any such third party.

5. Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Maxed's use, storage and disclosure of information related to you and your use of such services within Maxed (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Maxed shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Maxed is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Maxed is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Maxed enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Indemnity and Release

You agree to release, indemnify and hold Maxed and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Service Disclaimer

While we strive to provide the best platform for fitness and creative professionals, you acknowledge and agree that:

YOUR USE OF MAXED.VIP IS AT YOUR OWN RISK. WE PROVIDE THE PLATFORM "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXED MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

1. THE PLATFORM'S SUITABILITY FOR YOUR SPECIFIC BUSINESS NEEDS
2. UNINTERRUPTED ACCESS TO YOUR STOREFRONT OR SERVICES
3. ACCURACY OF USER-GENERATED CONTENT OR ATHLETIC PROGRAMS
4. SUCCESS OF YOUR ATHLETIC BUSINESS OR TRAINING PROGRAMS
5. EFFECTIVENESS OF ANY FITNESS CONTENT OR COACHING SERVICES
6. RELIABILITY OF USER INTERACTIONS OR TRANSACTIONS
7. QUALITY OF THIRD-PARTY INTEGRATIONS OR SERVICES

SPECIFICALLY, WE DO NOT WARRANT THAT:

• Your storefront will generate any specific level of revenue or engagement
• The platform will be error-free or always accessible
• Your content will be delivered without interruption
• Any technical issues will be resolved within a specific timeframe
• The results of using our platform will meet your business expectations

As a platform focused on fitness and creative professionals, we provide the tools and infrastructure, but the success of your business, the quality of your training programs, and the results achieved by your clients are your responsibility. We do not guarantee specific athletic, fitness, or business outcomes from using our platform.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAXED WILL NOT BE LIABLE FOR:

1. BUSINESS LOSSES

   • Lost profits or revenue
   • Missed business opportunities
   • Damage to professional reputation
   • Loss of customer relationships or followers

2. PLATFORM-RELATED ISSUES

   • Service interruptions or downtime
   • Technical problems with your storefront
   • Data loss or security breaches
   • Payment processing issues
   • Problems with third-party integrations

3. CONTENT AND RELATIONSHIP MATTERS

   • Disputes between creators and customers
   • Quality of training programs or services
   • User feedback or reviews
   • Content shared through the platform
   • Actions of other users

MAXIMUM LIABILITY: MAXED'S TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE GREATER OF:

• The amount you've paid us in the last 6 months
• $100 USD

LEGAL NOTES:

1. Some jurisdictions don't allow certain liability limitations. If this applies to you, only the legally permitted limitations will apply.
2. If you're dissatisfied with our service, your sole remedy is to stop using it.
3. For users in New Jersey: These limitations apply only to the extent permitted by New Jersey law.

This section applies to all damages, claims, or losses, whether based on contract, tort, negligence, or other legal theories.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

a) Agreement to Arbitrate

By using our Services, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services will be resolved exclusively through binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify; and (2) either party may seek emergency equitable relief in connection with intellectual property rights.

b) Class Action Waiver

YOU AND MAXED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

c) Arbitration Procedures

The arbitration will be conducted through the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be held in a mutually agreed location. The AAA rules will govern payment of all arbitration fees.

d) Arbitration Costs

Each party will be responsible for their own arbitration costs, including but not limited to filing fees, administrative fees, and attorneys' fees. The allocation of arbitration fees and costs shall be governed by the AAA Rules and applicable law. Nothing in this agreement requires Maxed to pay any portion of your arbitration costs.

e) Changes to this Agreement

We reserve the right to change this arbitration provision. However, any such changes will not apply to disputes arising before the effective date of the amendment. We will notify you of amendments to this arbitration provision by posting the amended terms on our website at least 30 days in advance of the effective date.

f) Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@maxed.vip with your name and a clear statement that you wish to opt out of the arbitration agreement.

9. Termination

You agree that Maxed, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, including but not limited to Creator Content, for any reason, including, without limitation, for lack of use, violation of our community guidelines, or if Maxed believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

Any suspected fraudulent, abusive, or illegal activity, including but not limited to misrepresentation of athletic credentials, unauthorized resale of services, or violation of health and safety guidelines, may be grounds for immediate termination of your use of the Service and may be referred to appropriate law enforcement authorities.

Maxed may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and you acknowledge and agree that Maxed may immediately deactivate or delete your account and all related information, files, and Creator Content in your account and/or bar any further access to such files or the Service.

Further, you agree that Maxed will not be liable to you or any third party for any termination of your access to the Service, including any loss of income, followers, or business opportunities resulting from such termination. If you are a Creator, you acknowledge that termination may result in the immediate cancellation of any scheduled services or pending transactions, and you are responsible for communicating with your Customers regarding such cancellations.

10. User Disputes

Payment Disputes

For payment-related disputes involving transactions processed through our platform, Maxed will handle the dispute resolution process in accordance with our payment processor's (Stripe) policies and procedures. This includes:

• Chargebacks and refund requests
• Payment processing errors
• Unauthorized transactions
• Billing disputes

As a Creator, you acknowledge that Maxed may temporarily withhold funds or adjust payouts during the resolution of a payment dispute. We handle these matters directly to ensure a streamlined experience for our Creators and to maintain the integrity of our payment systems.

Other User Disputes

For all non-payment disputes, you agree that you are solely responsible for your interactions with, and any disputes you may have with, any other user in connection with the Service. This includes, but is not limited to, disputes arising from:

• Quality or delivery of athletic training or coaching services
• Fitness program effectiveness or results
• Scheduling and cancellation of training sessions
• Communication issues between Creators and Customers
• Health and safety concerns during training sessions
• Personal or professional conduct matters

Maxed will have no liability or responsibility with respect to non-payment disputes. While we strive to maintain a high-quality platform for athletic professionals and their clients, Maxed reserves the right, but has no obligation, to become involved in any way with such disputes between you and any other user of the Service. We encourage users to resolve disputes professionally and in accordance with our community guidelines.

For clarity, this distinction means:

• Payment disputes → Handled by Maxed through our payment processing system
• All other disputes → Responsibility of the users involved

11. General

These Terms of Service constitute the entire agreement between you and Maxed and govern your use of the Service, superseding any prior agreements between you and Maxed with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content, or third party software.

These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Maxed agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New Castle County, Delaware.

The failure of Maxed to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign this Terms of Service without the prior written consent of Maxed, but Maxed may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. As a Creator, you agree to maintain an active email address associated with your account and to promptly review all notices sent by Maxed to that email address.

12. Your Privacy

At Maxed, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined therein.

Contact Us

If you have any questions about these Terms of Service, concerns about violations, or need clarification about any aspect of our Service, our team is here to help. You can reach us at maxed.vip.official@gmail.com