LEGAL DOCUMENTATION
Terms of Service
Maxou Voice Assistant platform
These Terms of Service (“Terms”) are a binding agreement between you (“you,” “your,” or “User”) and Maxou Tech Inc., a company incorporated under the laws of Delaware with its registered address at 100 Pine Street, Suite 1200, San Francisco, CA 94111 (“MXB,” “we,” “us,” or “our”). MXB provides the Maxou mobile application and related services (collectively, the “Service”). By downloading, installing, creating an account for, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, available at maxou.ai/privacy, which is incorporated into these Terms by reference. If you are using the Service on behalf of a company or other organization, you confirm that you have authority to bind that organization to these Terms. If you do not agree to these Terms, please do not access or use the Service.
1. Acceptance of Terms
1.1 – By using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms, as they may be updated from time to time under Section 20 (Changes to the Service and These Terms).
1.2 – These Terms apply to all users of the Service, including registered account holders and, to the extent described in our Privacy Policy, anyone whose calls are handled through the Service.
2. Eligibility
2.1 – You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account and use the Service. The Service is not directed at, and is not intended for use by, individuals under that age. The Service is offered solely to users located in the United States and is intended for use only within the United States.
2.2 – By creating an account, you represent that you meet the eligibility requirements above, that your registration information is accurate and current, and that you have the legal capacity to enter into a binding agreement.
2.3 – We may refuse to provide, suspend, or terminate the Service for anyone we reasonably believe does not meet these requirements.
3. Description of the Service
3.1 – Maxou (the “Service”) is a mobile application that uses conditional call forwarding and artificial intelligence to screen, answer, summarize, and otherwise manage incoming calls to your phone number when you are unavailable or choose not to answer, and, where you direct it to, to place outbound calls to complete simple tasks on your behalf.
3.2 – The Service may include features such as a dedicated Assistant Number, call screening and routing, real-time call summaries and transcripts, custom greetings and instructions, and outbound calling.
3.3 – Feature availability may vary by device and mobile carrier. We do not guarantee that every feature is available to every user at all times.
3.4 – We may add, change, or remove features at any time, in accordance with Section 20 (Changes to the Service and These Terms).
4. Account Registration & Security
4.1 – To use most features of the Service, you must create an account and verify your phone number. You agree to provide accurate, current, and complete registration information and to keep it up to date.
4.2 – You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, whether or not authorized by you. Notify us promptly at support@maxou.ai if you suspect unauthorized use.
4.3 – You may not share your account with others or maintain more than one account for the same phone number without our prior written consent.
5. Tokens, Fees & Billing
5.1 – Instead of a recurring subscription, the Service is offered on a pay-as-you-go basis: you purchase tokens (“Tokens”) that are consumed as you use the AI-powered features of the Service, as described at maxou.ai/pricing.
5.2 – Token purchases are one-time transactions and do not renew automatically; each purchase adds Tokens to your account balance. You authorize us, or the applicable app store, to charge your chosen payment method for each Token purchase you make.
5.3 – Tokens are consumed based on your usage of the Service (for example, call minutes or AI processing). If your Token balance is insufficient, features that consume Tokens may be unavailable until you purchase additional Tokens. Purchased Tokens have no cash value, are not transferable, and do not expire. Tokens are generally non-refundable, except where a refund or redemption is required by applicable law.
5.4 – We may change Token pricing or introduce new charges. Price changes apply only to Token purchases made after the change takes effect; Tokens you have already purchased are not affected.
5.5 – If you purchase Tokens through the Apple App Store or Google Play, billing and payment are handled by that platform under its own terms, and refunds follow that platform’s refund policy rather than ours.
5.6 Free Test Call – Before purchasing Tokens, you may try the Service by placing one free test call from your verified phone number to our designated test phone number. The free test call is provided at no charge, is limited to one per user and phone number unless we state otherwise, may be limited in duration and features, and may be modified or discontinued at any time.
6. License Grant & Use Restrictions
6.1 – Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a device you own or control, solely for your personal use (or internal business use, if using the Service on behalf of an organization).
6.2 – You agree not to:
1.
copy, modify, or create derivative works of the Service;
2.
reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law permits;
3.
resell, sublicense, rent, lease, or otherwise make the Service available to third parties;
4.
use any automated means to access or scrape the Service;
5.
circumvent or attempt to circumvent any usage limits, security measures, or access controls;
6.
use the Service to build a competing product or service; or
7.
remove or alter any proprietary notices on the Service.
7. Acceptable Use
7.1 – You agree to use the Service only for lawful purposes. Without limiting the foregoing, you agree not to use the Service to:
1.
violate any applicable law or regulation, including telemarketing, robocall, or do-not-call laws;
2.
harass, threaten, defraud, or impersonate any person;
3.
place unsolicited automated or bulk calls, or use the Service for spam or robocalling;
4.
transmit any virus, malware, or other harmful code;
5.
attempt to gain unauthorized access to another user’s account, our systems, or any connected third-party service; or
6.
interfere with or disrupt the integrity or performance of the Service.
7.2 – You are solely responsible for ensuring that your use of call recording, transcription, and AI features complies with applicable law in your jurisdiction and the jurisdiction of anyone you call, including any requirement to obtain consent from call participants before recording or transcribing a call. In addition, because AI-generated voices are treated as “artificial” voices under the Telephone Consumer Protection Act, you must obtain the recipient’s prior express consent (or prior express written consent, for marketing calls) before directing the assistant to place an outbound AI-voice call, and you represent that you have obtained that consent for every outbound call you initiate.
7.3 – We may investigate suspected violations of this Section and may suspend or terminate access to the Service under Section 19 (Term, Suspension & Termination).
8. Telecommunications & Carrier Dependencies
8.1 – The Service depends on conditional call forwarding set up through your mobile carrier, and on third-party telecommunications infrastructure and providers that we do not own or control.
8.2 – Your carrier may charge separate fees for call forwarding, data usage, or roaming in connection with your use of the Service. These charges are your responsibility and are not included in your Token purchases or other fees you pay to MXB.
8.3 – We do not guarantee that call forwarding, the Service, or any specific feature (including a dedicated Assistant Number) will be available on every carrier, plan, or device, and availability may change if a carrier changes its network, pricing, or policies.
8.4 – To the fullest extent permitted by law, we are not liable for missed, dropped, delayed, or misrouted calls, or any other failure of the Service, to the extent caused by your carrier, network conditions, your device settings, or other circumstances outside our reasonable control.
9. AI-Generated Content, Call Recording & Caller Disclosure
9.1 – The Service uses artificial intelligence to interpret, transcribe, summarize, and respond to calls on your behalf. AI-generated transcripts, summaries, and call-handling decisions may be incomplete or contain errors and should not be relied on as a substitute for your own judgment in important matters.
9.2 – Where required by applicable law, the Service will disclose to callers that they are interacting with an automated or AI-assisted system rather than a human.
9.3 – By using call recording or transcription features, you confirm that you have obtained any consent required by applicable law from call participants before recording or transcribing a call, and you agree to comply with all applicable call-recording and wiretapping laws, including in jurisdictions that require the consent of all parties to a call.
10. Emergency Services Limitation
10.1 – The Service is not a replacement for standard telephone service and cannot be used to contact emergency services (such as 911). Always use your device’s native phone dialer, not the Service, in an emergency.
10.2 – To the fullest extent permitted by law, we disclaim all liability arising from any inability to reach emergency services through the Service.
11. Third-Party Services, Providers & Content
11.1 – We rely on third-party providers — including artificial intelligence and machine learning providers, cloud infrastructure providers, telecommunications carriers, and payment processors — to deliver the Service.
11.2 – We do not control these third-party providers and are not responsible for their acts, omissions, downtime, or changes to their services, except to the extent required by applicable law.
11.3 – The Service may link to, integrate with, or display content from third-party services we do not own or control. We do not endorse and are not responsible for third-party content, products, or services.
12. Intellectual Property Rights
12.1 – The Service, including its software, design, text, graphics, trademarks, and underlying technology, is owned by MXB or our licensors and is protected by intellectual property laws. Except for the limited license granted in Section 6, these Terms do not grant you any right, title, or interest in the Service.
12.2 – “MXB”, “Maxou”, and our logos are trademarks of Maxou Tech Inc.. You may not use our trademarks without our prior written consent.
13. User Content & Feedback
13.1 – “User Content” means information you provide to the Service (such as contacts, custom greetings, or call-handling instructions) and content generated through your use of the Service (such as call recordings, transcripts, and summaries). As between you and MXB, you retain ownership of your User Content.
13.2 – You grant MXB a worldwide, royalty-free license to access, use, host, process, and store your User Content solely as necessary to provide, maintain, and improve the Service, and, in de-identified or aggregated form that does not identify you, to develop and improve our AI models and analytics, except where you have opted out as described in our Privacy Policy.
13.3 – If you send us feedback, ideas, or suggestions about the Service, you agree that we may use them for any purpose without obligation or compensation to you.
14. Privacy & Data Processing
14.1 – Our Privacy Policy, available at maxou.ai/privacy, describes how we collect, use, and share information in connection with the Service, including call data and AI-processed content. By using the Service, you consent to the data practices described in our Privacy Policy.
15. App Store & Platform-Specific Terms
15.1 – If you downloaded the Service from the Apple App Store, you acknowledge that these Terms are between you and MXB only, not Apple, and Apple has no obligation to furnish any maintenance or support for the Service. In the event of any failure of the Service to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the Service to you. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
15.2 – If you downloaded the Service from Google Play, your use is also subject to Google Play’s applicable terms of service.
15.3 – Where these Terms conflict with mandatory terms required by an app store through which you obtained the Service, the app store’s required terms govern solely to the extent of the conflict.
16. Disclaimer of Warranties
16.1 – THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
16.2 – WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE.
17. Limitation of Liability
17.1 – TO THE FULLEST EXTENT PERMITTED BY LAW, MXB AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
17.2 – TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) [USD 100] OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
17.3 – SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Indemnification
18.1 – You agree to indemnify and hold harmless MXB and its officers, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
19. Term, Suspension & Termination
19.1 – These Terms remain in effect for as long as you use the Service. You may stop using the Service and delete your account at any time through the app settings or by contacting us at support@maxou.ai.
19.2 – We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if we suspect fraud or misuse, to comply with legal or regulatory requirements, or after an extended period of inactivity, with notice where practicable.
19.3 – Upon termination, your license to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 12, 16 through 18, 22, and 23 — will survive. Except as required by law or expressly stated in these Terms, fees already paid are non-refundable upon termination.
20. Changes to the Service and These Terms
20.1 – We may add, change, suspend, or discontinue any part of the Service at any time.
20.2 – We may update these Terms from time to time. If we make material changes, we will provide reasonable advance notice — such as an in-app notice or an email to the address on your account — before the changes take effect. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.
21. Export Control & Sanctions Compliance
21.1 – You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive trade sanctions, and that you are not listed on any government restricted-party or denied-persons list.
21.2 – You agree not to use the Service in violation of any applicable export control or economic sanctions law.
22. Governing Law & Dispute Resolution
22.1 Governing Law – These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
22.2 Informal Resolution – Before filing a claim against MXB, you agree to contact us at legal@maxou.ai and attempt to resolve the dispute informally for at least 30 days.
22.3 Binding Arbitration – If a dispute is not resolved informally, you and MXB agree it will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for misuse of intellectual property. If 25 or more similar arbitration demands are filed against MXB by the same or coordinated counsel, you and MXB agree that the arbitration provider’s mass-arbitration or batching procedures will apply.
22.4 Class Action & Jury Trial Waiver – You and MXB agree that any dispute resolution proceedings will be conducted only on an individual basis, not as a class, consolidated, or representative action, and both parties waive any right to a jury trial, to the extent permitted by applicable law.
22.5 – If you are a consumer in a jurisdiction where mandatory pre-dispute arbitration or a class-action waiver is not enforceable against consumers, this Section 22 applies only to the extent enforceable in that jurisdiction, and the courts of the State of California will otherwise have non-exclusive jurisdiction over the dispute.
23. General Provisions
23.1 Entire Agreement – These Terms, together with our Privacy Policy, constitute the entire agreement between you and MXB regarding the Service and supersede any prior agreements.
23.2 Severability – If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
23.3 No Waiver – Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
23.4 Assignment – You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
23.5 Force Majeure – We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, network or utility failures, or acts of government.
23.6 Notices – We may provide notices to you via the Service, the email address on your account, or other reasonable means. Notices to us should be sent to legal@maxou.ai or 100 Pine Street, Suite 1200, San Francisco, CA 94111.
23.7 Headings – Section headings are for convenience only and do not affect interpretation.
24. Contact Us
If you have questions about these Terms, please contact us at:
Maxou Tech Inc.
100 Pine Street, Suite 1200, San Francisco, CA 94111
Support: support@maxou.ai
Legal: legal@maxou.ai