1. Definitions

As used in this Agreement:

• “Platform” means the Maxed Marketing and Maxed AI Visibility web-based software-as-a-service, including all associated features, dashboards, integrations, APIs, and content-generation tools.
• “Service” means access to and use of the Platform, together with any related professional or support services provided by the Company.
• “Customer Data” means all data, content, and materials submitted by or on behalf of Customer through the Service or collected by the Service from Customer’s authorized third-party integrations.
• “Generated Content” means text, recommendations, reports, analyses, summaries, and other output created by the Platform on behalf of Customer using artificial intelligence systems.
• “AI Platforms” means the third-party artificial-intelligence services queried by the Platform, currently including OpenAI (ChatGPT), Google (Gemini), Google (AI Overviews), and Perplexity. Maxed Marketing is not affiliated with, endorsed by, sponsored by, or in any way officially connected to any of these companies. Company may add or remove AI Platforms at its discretion.
• “Subscription Plan” means the pricing tier (Core, Connected, Maxed Marketing, or Expert Access) to which Customer has subscribed, as described in Section 5.
• “Authorized User” means an individual employee or contractor of Customer who is authorized by Customer to use the Service under Customer’s account.
• “Trial” means any free-access period offered by the Company, currently 10 days, as described in Section 4.

2. Account Registration and Eligibility

2.1 Account Registration

Customer must create an account or access a Company-provisioned pre-populated account to use the Service. Customer represents that all account information provided is accurate, current, and complete and agrees to keep such information up to date. Each account is for use by a single business entity; sharing access across multiple distinct businesses is prohibited. Customer is responsible for maintaining the confidentiality of its login credentials and for all activity occurring under its account.

2.2 Pre-Populated Accounts

The Company may create a pre-populated account analyzing publicly available information about Customer’s business and send Customer a link to access that account before any formal relationship is established. By clicking such a link and accessing the account, Customer agrees to these Terms and the Privacy Policy. Processing of business information prior to account access is conducted on the basis of the Company’s legitimate interest in demonstrating the value of the Service. EU/UK residents: additional information regarding the legal basis for pre-access processing, opt-out rights, and geographic restrictions is set out in the Privacy Policy and any applicable data-protection addendum.

2.3 Minimum Age and Authority

Customer must be at least 18 years of age and have the legal authority to enter into binding contracts on behalf of any business entity represented. By agreeing to these Terms, Customer represents and warrants that it has such authority.

2.4 Contracting Entity

The Services are currently operated by Amplify 11, Inc. The Company may transfer operation of the Services to an affiliate, successor, or future Maxed Marketing entity without requiring Customer’s consent, provided Customer’s material rights under these Terms are not reduced. All references to “Company” will thereafter refer to the successor entity.

3. Description of the Service

3.1 Core Functionality

Maxed AI Visibility (included in all paid plans) monitors how Customer’s business appears in AI-generated search results across the AI Platforms. The Service sends daily prompt clusters to the AI Platforms, records and analyzes responses, surfaces visibility recommendations, and generates reports for Customer.

3.2 Service Features

Services may include, without limitation:

• AI visibility monitoring and analysis
• Competitive visibility reporting
• Content generation and marketing recommendations
• Data analytics and reporting
• Google Analytics (GA4), Google Business Profile, and Google Search Console integrations
• Meta API (Facebook, Instagram, Facebook Ads) integrations
• Shopify App and commerce platform integrations
• Publishing and content deployment tools
• Additional features released from time to time
• Technical website and crawler access scanning
• Entity and knowledge graph analysis
• Competitor visibility tracking; benchmarking against category and industry data
• Delivery of insights by email, Slack, and other customer-selected channels
• AI assistant and in-platform chat features
• API access
• Managed or done-for-you services

3.3 Content Generation and Publishing

The Platform may generate content (e.g., business descriptions, responses to AI prompts, recommendations) on Customer’s behalf. Content may be published directly to Customer-owned properties (e.g., Shopify storefronts) where Customer has granted the necessary authorization, or delivered to Customer for manual review and publication. Customer is solely responsible for reviewing Generated Content before publication and for ensuring that all published content complies with applicable law, third-party platform policies, and Customer’s own standards. Customer acknowledges that AI-generated content may contain errors, inaccuracies, or inconsistencies and requires human review.

3.4 Publishing Authority

By enabling direct publishing functionality, Customer authorizes the Company to publish content to connected properties on Customer’s behalf. Customer remains solely responsible for all published content, including compliance with applicable laws, regulations, platform policies, and intellectual property rights. Where the Company provides content for manual publication, responsibility transfers to Customer upon delivery.

3.5 Third-Party Dependencies

The Service depends on continued access to the AI Platforms and other third-party data sources and APIs, including OpenAI, Google, Perplexity, Shopify, Meta, Stripe, Cloudflare, and analytics and search-data providers. The Company does not control the availability, accuracy, or terms of these third parties. The Company reserves the right to modify, suspend, or discontinue any feature that relies on a third-party dependency that becomes unavailable, changes its terms, or is otherwise altered. The Company will endeavor to provide advance notice of material feature changes but is not obligated to do so where circumstances make notice impractical.

3.6 Google API Data

Data obtained through Google Services integrations is subject to Google’s API Services User Data Policy. The Company will use Google user data only to provide or improve user-facing features consistent with Google’s permitted purposes. The Company will not transfer Google user data to third parties except as necessary to provide the Service, as required by law, or with Customer’s consent.

3.7 Aggregated and Anonymized Insights

The Company may combine and anonymize Customer Data — along with data from other customers and from publicly available sources — to generate industry-level insights, trend reports, and benchmarking analyses (“Aggregated Insights”). Aggregated Insights will not identify Customer or any individual by name or in a manner that would allow reasonable identification. The Company may publish or otherwise share Aggregated Insights. Customer hereby grants the Company a perpetual, irrevocable, worldwide, royalty-free license to use anonymized and aggregated derivatives of Customer Data for this purpose.

3.8 Competitive and Public-Data Research

The Company independently tracks AI-search visibility for businesses that are not customers, using publicly available data. The Company may publish analyses derived from such research, including aggregated benchmarks. Nothing in this Agreement limits the Company’s use of publicly available information.

4. Free Trial

New customers may access the Service for a free trial period (currently 10 days) with no credit card required, unless otherwise disclosed at sign-up. During the Trial, Customer may use features included in the applicable plan tier offered. At the end of the Trial, access will automatically downgrade or expire unless Customer subscribes to a paid plan. Customer Data entered during the Trial will be retained for a reasonable period to allow conversion to a paid plan. The Company reserves the right to modify or discontinue free trials at any time.

5. Fees, Billing, and Cancellation

5.1 Subscription Plans and Pricing

Current Subscription Plans are:

• Core: $99.00/month
• Connected: $149.00/month
• Maxed Marketing: $199.00/month
• Expert Access: $975/month*
• Any future plans the Company may introduce

* Expert Access is a services engagement governed by a separate written agreement provided at the time of engagement. These Terms govern the software platform component.

The features and usage limits included in each Subscription Plan are those described on the Company’s published pricing page as of the time of purchase and in Customer’s subscription confirmation. The Company reserves the right to modify plan features and pricing upon at least 30 days’ notice to existing subscribers. Changes to pricing will not take effect until the start of the next renewal period following notice.

5.2 Annual Plans

Customers who elect annual billing will be charged for 10 months at the applicable monthly rate (equivalent to two months free). Annual plans are billed in a single upfront payment at the start of each annual term. Annual billing at ten months of the monthly rate applies to the Core and Connected plans. Expert Access is billed at $975.00 per month regardless of billing frequency.

5.3 Auto-Renewal

All Subscription Plans renew automatically at the end of each billing period (monthly or annual) at the then-current rate unless cancelled before the renewal date. By subscribing, Customer authorizes the Company to charge Customer’s payment method on file for each renewal period. The Company will provide advance notice of upcoming renewal charges as required by applicable law.

5.4 Payment Processing

Payments are processed by Stripe, Inc. Customer’s use of Stripe’s payment services is subject to Stripe’s terms of service. The Company does not store credit card or bank account information directly. Customer is responsible for all applicable taxes, levies, or duties, except taxes based on the Company’s net income.

5.5 Cancellation

Customer may cancel its subscription at any time through account settings or by contacting the Company. Cancellation is effective at the end of the then-current billing period. Customer will retain access to the Service through the end of the paid period. Cancellation prevents future renewals but does not automatically generate refunds.

5.6 Refunds

Monthly subscriptions are non-refundable except as required by applicable law. For annual subscriptions, the Company will provide a prorated refund of prepaid amounts for unused complete months remaining after cancellation, provided Customer requests cancellation within 30 days of the start of the annual term; thereafter, no refund will be issued for annual plans. The Company may, in its sole discretion, issue credits or refunds in other circumstances.

5.7 Late Payments

If any payment is declined or overdue, the Company may suspend access to the Service until payment is received. Accounts suspended for non-payment for more than 30 days may be terminated.

6. Intellectual Property

6.1 Platform Ownership

The Company retains all right, title, and interest in and to the Platform, including all software, algorithms, models, templates, workflows, methodologies, user interfaces, trademarks, and documentation. Customer receives no ownership interest in the Platform.

6.2 Customer Data

Customer retains ownership of Customer Data. Customer grants the Company a non-exclusive, worldwide, royalty-free license to access, store, process, and use Customer Data solely to: (a) provide and improve the Service; (b) generate reports and recommendations for Customer; (c) publish content to Customer’s properties where authorized; and (d) create Aggregated Insights as described in Section 3.7.

6.3 Generated Content — Ownership and Assignment

Subject to full payment of all amounts due and Customer’s compliance with these Terms, the Company assigns to Customer all right, title, and interest in and to Generated Content produced specifically for Customer’s account. The Company retains a non-exclusive, irrevocable license to use de-identified or generalized elements of Generated Content (e.g., prompt structures, templates, and analytical methodologies) to improve the Platform and its services.

6.4 License to Customer Marks

Customer grants the Company a limited, non-exclusive, royalty-free license to use Customer’s business name, trademarks, and branding solely to perform the Service (e.g., to send prompts referencing Customer’s business to AI Platforms and to generate Customer-specific content). This license automatically terminates upon expiration or termination of this Agreement.

6.5 Feedback

If Customer provides suggestions, ideas, or feedback regarding the Service, the Company may use such feedback without restriction or compensation to Customer.

7. Data, Privacy, and Security

7.1 Privacy Policy

The Company’s Privacy Policy (available at the Company’s website) is incorporated by reference into these Terms. The Privacy Policy describes how the Company collects, uses, and shares information, including personal data processed through Customer’s third-party integrations.

7.2 Customer Authorizations and Consents

Customer represents and warrants that it has obtained all consents and provided all notices required by applicable law to authorize the Company to process personal data returned by Customer’s connected integrations (including Google Analytics, Google Business Profile, Google Search Console, Shopify, Meta, and any other connected services) on Customer’s behalf. Customer may revoke access to any connected service at any time, though doing so may limit functionality.

7.3 GDPR / UK GDPR — International Customers

For customers established in the European Economic Area or the United Kingdom, or whose end-users include EEA or UK data subjects, the parties will enter into a Data Processing Agreement (“DPA”) incorporating standard contractual clauses as required under GDPR and UK GDPR. Customer may request the DPA at any time. The DPA will govern international transfers of personal data and will include the Company’s current subprocessors [link]. Where applicable, the Company may implement regional restrictions or additional compliance requirements.

7.4 Security

The Company implements commercially reasonable administrative, technical, and physical safeguards to protect Customer Data. Customer is responsible for securing its own credentials and for notifying the Company promptly of any suspected unauthorized access. Company shall notify Customer of any breaches pursuant to the Privacy Policy and DPA.

8. Acceptable Use Policy

8.1 Permitted Use

Customer may use the Service solely for Customer’s own internal business purposes in accordance with these Terms and all applicable laws and regulations.

8.2 Prohibited Conduct

Customer must not, and must not permit any Authorized User or third party to:

• Resell, sublicense, or otherwise transfer access to the Service or Platform insights to any third party without the Company’s prior written consent.
• Register more than one account per distinct business entity.
• Use the Service to send spam, unsolicited commercial messages, or any communications that violate the CAN-SPAM Act, CASL, or any applicable anti-spam law.
• Use the Service to manipulate, artificially inflate, or otherwise attempt to deceive the AI Platforms or any third-party index, in violation of those platforms’ terms of service.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
• Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure, or upload malicious code.
• Circumvent security controls or attempt to gain unauthorized access to any other customer’s account or data.
• Use the Service to store or transmit infringing, defamatory, or otherwise unlawful content.
• Use the Service to process highly sensitive personal data (e.g., health, financial account, or government identification data) unless expressly authorized in writing by the Company.
• Use the Services to violate any applicable law or third-party rights.

8.3 Reviews and FTC Compliance

The Company does not solicit, collect, incentivize, or manage reviews on Customer’s behalf. The Service may provide general guidance on review-solicitation best practices. Customer is solely responsible for ensuring that any review-related activities it independently undertakes comply with the FTC’s Endorsement Guides and all other applicable regulations. Generated Content must not fabricate, misrepresent, or misattribute reviews.

8.4 Enforcement

The Company reserves the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate Customer’s access to the Service for violations, immediately and without prior notice where circumstances warrant. The Company may report suspected illegal activity to appropriate law-enforcement authorities.

9. Disclaimers and No Guarantee of Results

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

WITHOUT LIMITING THE FOREGOING:

• THE COMPANY DOES NOT GUARANTEE ANY PARTICULAR LEVEL OF AI VISIBILITY, SEARCH RANKINGS, BUSINESS OUTCOMES, REVENUE, OR CUSTOMER ACQUISITION RESULTING FROM USE OF THE SERVICE. MARKETING LANGUAGE SUCH AS “WINNING GROUND” OR “IMPROVING AI VISIBILITY” DESCRIBES POTENTIAL OUTCOMES AND IS NOT A WARRANTY.
• AI PLATFORM OUTPUTS ARE GENERATED BY THIRD PARTIES ENTIRELY OUTSIDE THE COMPANY’S CONTROL. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CONSISTENCY, ORIGINALITY, LEGALITY, OR TIMELINESS OF AI PLATFORM RESPONSES OR OF THE ANALYSES DERIVED FROM THEM.
• THE COMPANY IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, OR OFFICIALLY CONNECTED TO OPENAI, GOOGLE, PERPLEXITY, OR ANY OTHER AI PLATFORM QUERIED BY THE SERVICE.
• THIRD-PARTY INTEGRATIONS (INCLUDING GOOGLE SERVICES, META, SHOPIFY, CLOUDFLARE, AND STRIPE) ARE SUBJECT TO THOSE PARTIES’ OWN TERMS AND MAY BE MODIFIED OR DISCONTINUED BY THOSE PARTIES AT ANY TIME WITHOUT NOTICE TO THE COMPANY.
• PAST PERFORMANCE, EXAMPLES, CASE STUDIES, OR PROJECTIONS ARE ILLUSTRATIVE ONLY AND DO NOT GUARANTEE FUTURE RESULTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE FEES PAID BY CUSTOMER TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. ACCESS PROVIDED AT NO CHARGE, INCLUDING TRIALS AND PRE-POPULATED ACCOUNTS, IS PROVIDED AS-IS AND WITHOUT LIABILITY.

11. Indemnification

Customer agrees to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, contractors, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s use of the Service in violation of these Terms; (b) Customer’s violation of any applicable law or third-party right; (c) Customer Data (including any claim that Customer Data infringes a third party’s intellectual property or privacy rights); (d) Customer’s publication or use of Generated Content; or (e) any unauthorized access to or use of the Service through Customer’s account.

12. Term and Termination

12.1 Term

This Agreement commences when Customer first accesses the Service (including a Trial or pre-populated account) and continues until terminated as provided herein.

12.2 Termination by Customer

Customer may terminate this Agreement at any time by cancelling its subscription as described in Section 5.5 and ceasing all use of the Service.

12.3 Suspension and Termination by Company

The Company may suspend or terminate this Agreement and Customer’s access to the Service immediately if: (a) Customer materially breaches these Terms and fails to cure such breach within 10 days of written notice; (b) Customer violates the Acceptable Use Policy; (c) payment is overdue by more than 30 days; (d) the Company is required to do so by law; or (e) the Company reasonably determines that continued provision of the Service to Customer creates legal, regulatory, or reputational risk.

12.4 Effect of Termination

Upon termination, Customer’s right to access and use the Service ceases immediately. The Company will retain Customer Data for up to 90 days following termination to allow Customer to export its data; thereafter, Customer Data will be deleted or anonymized in accordance with the Privacy Policy. Sections 6, 7, 9, 10, 11, 13, and 14 survive termination.

13. Dispute Resolution

13.1 Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Any dispute not resolved by negotiation or arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in [County], Florida, and each party consents to personal jurisdiction and venue in such courts.

13.2 Informal Resolution

Before initiating any formal proceeding, the party asserting a dispute must provide 30 days’ written notice describing the claim and desired resolution, and the parties will attempt in good faith to resolve the dispute informally.

13.3 Arbitration

If informal resolution fails, any claim arising out of or related to these Terms or the Service (other than claims for injunctive or other equitable relief) will be resolved by binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in [County], Florida (or remotely if agreed), and the arbitrator’s award will be final and binding. Each party will bear its own costs, except that the arbitrator may award costs and fees to the prevailing party as permitted by applicable law.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, any DPA, and any Order Form or subscription confirmation, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

14.2 Modification of Terms

The Company reserves the right to modify these Terms at any time. For material changes, the Company will provide at least 30 days’ advance notice via email to the address associated with Customer’s account or via a prominent notice on the Platform. Customer’s continued use of the Service after the effective date of modified Terms constitutes acceptance of the changes. If Customer does not agree to the modified Terms, Customer may cancel its subscription as described in Section 5.5 before the changes take effect.

14.3 Assignment

Customer may not assign this Agreement or any rights hereunder without the Company’s prior written consent. The Company may assign this Agreement to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, and such assignment will be effective upon notice to Customer. This Agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns.

14.4 Severability

If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

14.5 Waiver

No failure or delay by either party in exercising any right or remedy will operate as a waiver of that right or remedy. No waiver will be effective unless in writing and signed by the waiving party.

14.6 Notices

Legal notices to the Company must be sent in writing to the address below. The Company will send notices to the email address associated with Customer’s account, and such notices will be deemed received 24 hours after sending.

14.7 Force Majeure

Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, telecommunications failures, or third-party service outages.

14.8 Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties.

14.9 International Use

The Services are available internationally. Customer is responsible for ensuring its use complies with applicable local laws, including data protection and consumer protection laws in its jurisdiction.

14.10 Headings

Section headings are for convenience only and have no legal effect.