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Terms of Service

We are Cocomango LLC ("Company," "we," "us," "our"). We operate the website https://maxilist.ai (the "Site"), the mobile application Maxilist (the "App"), and any related products and services that link to these terms (collectively, the "Services").

You can contact us by email or mail as detailed in our Contact Us section.

These Terms of Service ("Terms") form a legally binding agreement between you ("you") and Cocomango LLC, concerning your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are expressly prohibited from using the Services and must discontinue your use immediately.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company relating to your use of the Services, superseding any prior agreements between you and the Company.

Changes to Terms of Service​

We may supplement these Terms with additional terms and conditions or documents posted within the Services from time to time. These supplemental terms are hereby expressly incorporated into these Terms by reference. We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Last updated" date at the top or bottom of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms periodically to stay informed of updates. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of those changes.

We recommend that you print a copy of these Terms for your records.

OUR SERVICES​

  • The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  • The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
  • The Services may be subject to U.S. export control laws. You shall not use the Services to export or re-export any content in violation of any applicable laws or regulations.

User Accounts​

  • In order to access certain features of the Services, you may be required to create an account ("Account").
  • When creating an Account, you agree to provide accurate, current, and complete information. You must maintain the accuracy of this information and promptly update any changes.
  • You are responsible for safeguarding your Account credentials (username and password) and for all activities that occur under your Account.
  • You agree not to share your Account credentials with any third party.
  • We reserve the right to refuse to create an Account for any reason.
  • You are solely responsible for all activities that occur under your Account, whether or not you know about them.
  • You agree to notify us immediately of any unauthorized access to or use of your Account.
  • You are responsible for maintaining the confidentiality of your password and other Account information.
  • We may suspend or terminate your Account, at our sole discretion, if we believe you have violated these Terms or for any other reason, without prior notice or liability.
  • If your unpaid Account remains inactive for more than three months, we reserve the right to terminate it without notice. However, we may try to contact you by email with enough notice before doing so.
  • You may terminate your Account at any time by following the account termination procedures provided within the Services, if available.
  • Upon termination of your Account, your access to the Services and any associated content may be terminated or suspended.
  • Sections of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property rights, disclaimers, indemnity, and limitations of liability.
  • By creating an Account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are between the ages of 13 and 18, you may only create an Account and use it with the consent and supervision of your parent or legal guardian.
  • If you are creating an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
  • You acknowledge and agree that, unless otherwise stated in these Terms, you have no ownership rights in your Account.

Use of the Service​

Acceptable Use​

  • You agree to use the Services only for lawful purposes and in accordance with these Terms.
  • You agree not to use the Services:
    • In any way that violates any applicable federal, state, local, or international law or regulation.
    • To engage in any activity that exploits, harms, or threatens to harm anyone.
    • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
    • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services.

Prohibited Activities​

  • You agree not to:
    • Modify, copy, reproduce, reverse engineer, decompile, disassemble, or create derivative works of any part of the Services, except as expressly permitted by these Terms.
    • Use any robot, spider, or other automated device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
    • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Services.
    • Use the Services to transmit any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
    • Use the Services to collect or harvest any personal information of other users.
    • Use the Services for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms.
    • Use the Services in any way that could damage our reputation or the reputation of our Services.

User Content​

  • You are responsible for any content that you post, upload, or otherwise make available through the Services ("User Content").
  • You represent and warrant that:
    • You own or control all rights in and to your User Content and have the right to grant the license granted above.
    • Your User Content does not violate any third-party rights, including copyright, trademark, privacy, or other proprietary rights.
    • Your User Content is not defamatory, obscene, offensive, threatening, or otherwise objectionable.
    • Your User Content complies with these Terms and all applicable laws and regulations.
  • We have the right to remove or disable access to any User Content that we believe violates these Terms, without prior notice or liability.

Monitoring and Enforcement​

  • We have the right to:
    • Monitor your use of the Services to ensure compliance with these Terms.
    • Investigate any suspected violations of these Terms and take appropriate action, including terminating your access to the Services.
    • Disclose your information to any third party if we believe it is necessary to comply with any applicable law, regulation, legal process, or governmental request.
    • Edit or remove any User Content, in whole or in part, that in our sole discretion violates these Terms.

Service Availability​

  • We strive to provide the Services on a continuous basis. However, we do not guarantee that the Services will be available at all times or that access will be uninterrupted.
  • We may, from time to time, perform maintenance on the Services, which may result in temporary interruptions.
  • We will not be liable for any interruptions or disruptions to the Services.

Inventory Data and User-Generated Content​

Inventory Data​

  • As part of the Services, users may provide or input data related to their inventory ("Inventory Data").
  • You retain ownership of your Inventory Data.
  • By providing Inventory Data, you grant us a non-exclusive, worldwide, royalty-free, limited license to access, use, process, and store your Inventory Data solely for the purpose of providing the Services to you and as otherwise permitted by our Privacy Policy.
  • You are solely responsible for the accuracy, quality, and legality of your Inventory Data.
  • You represent and warrant that you have the right to provide your Inventory Data to us and that the use of your Inventory Data by us in accordance with these Terms does not violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws or regulations.
  • We have the right to remove or delete any Inventory Data that we believe violates these Terms or any applicable laws or regulations, without prior notice or liability.
  • We will implement reasonable security measures to protect the confidentiality and security of your Inventory Data, in accordance with our Privacy Policy.
  • We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
  • We will only edit, redact, or change Inventory Data (1) to comply with applicable laws; (2) to correct errors or omissions; or (3) to ensure the data is accurate and not misleading.

User-Generated Content​

  • The Services may allow users to create, post, or share content, including but not limited to text, images, and other materials ("User-Generated Content").
  • You are solely responsible for your User-Generated Content.
  • By creating, posting, or sharing User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User-Generated Content in connection with the Services.
  • You represent and warrant that:
    • You own or control all rights in and to your User-Generated Content and have the right to grant the license granted above.
    • Your User-Generated Content does not violate any third-party rights, including copyright, trademark, privacy, or other proprietary rights.
    • Your User-Generated Content is not defamatory, obscene, offensive, threatening, or otherwise objectionable.
    • Your User-Generated Content complies with these Terms and all applicable laws and regulations.
  • We have the right to remove or disable access to any User-Generated Content that we believe violates these Terms, without prior notice or liability.

Intellectual Property​

Company Ownership​

  • The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • The Company's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (the "Company Trademarks"). You may not use the Company Trademarks without the prior written consent of the Company.

  • You are prohibited from using any Company Trademarks in any manner that could:

    • Imply an affiliation with, sponsorship, or endorsement by the Company.
    • Cause confusion among consumers about the source, origin, or sponsorship of any products or services.
    • Dilute, tarnish, or otherwise harm the reputation of the Company Trademarks.

User License​

  • Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services.

Restrictions​

  • You must not:
    • Modify, copy, reproduce, distribute, republish, download, display, post, transmit, create derivative works from, or sell or exploit in any way any of the material on the Services, in whole or in part, except as expressly permitted by these Terms.
    • Use any trademarks, service marks, trade names, or logos of the Company or third parties without the prior written consent of the Company or the respective owner.
    • Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
  • If you believe that any content on the Services infringes your copyright, you may send us a notice of copyright infringement in accordance with our Copyright Policy.
Amin Hassani
Designated Copyright Agent
P.O. Box 390594
Mountain View, CA 94039
United States

Payment​

Fees​

  • Certain features of the Services may require you to pay fees. You agree to pay all applicable fees for the Services you select.
  • We may change our fees at any time, but we will provide you with reasonable prior notice of any such changes.

Payment Terms​

  • All fees are due and payable as specified in the Services.
  • You agree to provide accurate and complete payment information. You represent and warrant that you are authorized to use the payment method you provide.
  • You are responsible for all charges incurred under your Account, including any applicable taxes.
  • Payments are non-refundable, except as expressly provided in these Terms or as required by applicable law.

Payment Processing​

  • We use third-party payment processors to process payments. Your payment information will be processed in accordance with the terms and privacy policies of the applicable payment processor.
  • We are not responsible for any errors or issues that may arise with the payment processor.
  • If your payment method is declined, we may suspend your access to the Services until payment is received. We will notify you of the declined payment and provide you with an opportunity to update your payment information.

Taxes​

  • All fees are exclusive of any applicable taxes, unless stated otherwise.
  • You are responsible for paying any applicable taxes in connection with your use of the Services.

Subscriptions​

  • If you purchase a subscription, you will be charged the applicable fee at the beginning of your subscription and on a recurring basis, as specified in the Services.
  • You may cancel your subscription at any time, but you will not be entitled to a refund of any prepaid fees, unless required by applicable law.
  • We reserve the right to suspend, terminate, or block your access to the Services if your payment is suspended, declined, or otherwise not received.
  • We may also suspend, terminate, or block your access to the Services if you violate these Terms, including any misuse or unauthorized use of the Services.
  • In the event of termination, you will remain liable for any outstanding fees owed.

Disclaimer of Warranties​

  • THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
  • YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES.
  • THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY WEBSITES OR SERVICES.

Limitation of liability​

  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100.
  • WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  • WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, RIOTS, EPIDEMICS, OR NATURAL DISASTERS.

Indemnification​

User Indemnity​

  • You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
    • Your use of the Services;
    • Your User Content;
    • Your Inventory Data;
    • Your violation of these Terms; or
    • Your violation of any third-party rights, including intellectual property rights or privacy rights.

Company Indemnity​

  • The Company agrees to indemnify, defend, and hold harmless you from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
    • Our violation of these Terms; or
    • Our violation of any third-party rights, including intellectual property rights or privacy rights.

Indemnification Procedure​

  • The indemnified party shall promptly notify the indemnifying party of any claim and cooperate with the indemnifying party in defending the claim.
  • The indemnifying party shall have the sole right to control the defense and settlement of any claim, provided that the indemnifying party shall not settle any claim in a manner that adversely affects the indemnified party without the indemnified party's prior written consent.
  • The indemnified party shall have the right to participate in the defense of any claim with its own counsel at its own expense.

Governing Law​

  • These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of Wyoming, USA, without regard to its conflict of laws principles.
  • You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Wayoming, USA, and you consent to the personal jurisdiction of such courts.

Termination​

  • You may terminate your Account and stop using the Services at any time.
  • We may terminate or suspend your Account or your access to all or any part of the Services, at any time, with or without cause, with or without notice, effective immediately. This includes, but is not limited to, termination or suspension for violation of these Terms.
  • Upon termination, your right to use the Services will immediately cease.
  • We will not be liable to you or any third party for any termination or suspension of your Account or access to the Services.
  • Any suspension or termination will not affect your obligations to us under these Terms (including, without limitation, payment obligations) which by their nature should survive termination.
  • Following termination, we may retain your data in accordance with our Privacy Policy.

Dispute Resolution​

Informal Resolution​

  • To expedite resolution and control the cost of any dispute, controversy, or claim between you and the Company (each a "Dispute" and together the "Disputes") arising out of or relating to these Terms or the Services, you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice from one party to the other.

Arbitration​

  • If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect (the "AAA Rules"), except as modified by this Section.
  • Wayomin, USA
  • The language of the arbitration shall be English.
  • The arbitrator shall be selected in accordance with the AAA Rules.
  • The decision of the arbitrator shall be final and binding on both parties.

Waiver of Class Actions​

  • You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Company expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims.

Exceptions to Arbitration​

  • Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the scope of such court's jurisdiction, or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Costs of Arbitration​

  • The AAA Rules shall govern the allocation of arbitration fees and costs.

Privacy Policy​

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Security​

  • We take reasonable measures to protect your information from unauthorized access, use, or disclosure. We strive to implement and maintain the latest industry security standards and best practices to safeguard the integrity and confidentiality of your data.
  • However, no method of transmission over the internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
  • We are not responsible for the security of data that resides on your personal devices, including but not limited to phones, tablets, and computers. You are responsible for taking appropriate measures to secure your devices and the data stored on them, including using strong passwords, enabling device encryption, and installing reputable security software.
  • You are responsible for backing up your data. We are not responsible for any loss of data resulting from device malfunction, loss, or theft, or from any other cause.
  • You are responsible for determining whether our security measures meet your specific requirements and any applicable legal or regulatory obligations. We may provide information about our security practices upon request, but it is your responsibility to evaluate the suitability of these practices for your needs.
  • Our Services may contain links to or integrations with third-party services. We are not responsible for the security practices of those third-party services. You should review the security policies of any third-party services before providing them with your information.
  • If you become aware of any security vulnerability related to our Services, please notify us as soon as possible at Contact Us

Severability​

  • If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Contact Us​

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: support@maxilist.ai

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