These terms govern your use of Max Level, the Max Level CRM platform, and every service we provide. They are written to be read, not to be survived.
These Terms & Conditions (the “Terms”) are a binding agreement between you (“you”, “your” or the “Client”) and Max Level Marketing LLC, a Wyoming limited liability company trading as Max Level (“we”, “us” or “our”). They govern your access to and use of our website at maxlevelmarketing.com, the Max Level CRM platform, and every service, subscription, setup engagement and project we provide (together, the “Services”).
Max Level Marketing LLC is registered in Wyoming at 1408 E 13th St, Cheyenne, WY 82001 and operated from Houston, TX. Our services are delivered remotely across the United States.
By subscribing to a plan, paying an invoice, signing an order form or proposal, or otherwise using the Services, you accept these Terms. If you accept on behalf of a company or other organisation, you represent that you have authority to bind it, and “you” means that organisation.
Please read section 16 carefully. It requires most disputes to be resolved by binding individual arbitration, and waives your right to a jury trial and to take part in a class action. It contains a 30-day opt-out.
If you do not agree to these Terms, do not use the Services.
We provide three distinct things, and it is worth being precise about which is which, because the obligations differ.
| What | What it means |
|---|---|
| Platform access | A licence to use the Platform through a Client Account for the duration of your subscription. The Platform is white-labelled third-party software – see section 9. |
| Setup and build | Work performed once, at the start of a plan, covered by the Setup Fee: configuration, workflow and automation build, data import, integrations and onboarding, as described on the plan you bought. |
| Ongoing operation | Running, monitoring and maintaining the system for you each month, at the level described in your plan. |
We improve the Services continuously and may add, change or remove features. We will not materially reduce the core functionality of a paid plan during a billing period you have already paid for. Where a change materially reduces what you bought, we will tell you before it takes effect and you may cancel under section 8.
You are responsible for the accuracy of your account information, for the confidentiality of your credentials, for all activity under your account, and for the acts and omissions of every user you permit to access it. Tell us promptly at [email protected] if you believe your account has been compromised.
You must be at least 18 and using the Services for business purposes. The Services are not offered for personal, family or household use.
We may suspend or limit access immediately, and without liability, where we reasonably believe your use breaches this section, creates legal or security risk, threatens the stability of the Services, or puts our messaging or payment capability at risk. Where practical we will tell you first and give you a chance to cure.
This is the section most likely to cause you a problem, so it is written plainly. When the Services send an email, a text message or place a call, it goes out under your business identity, to your contacts, under your legal responsibility. We supply the machinery. You supply the permission.
You are the sender of record for all communications sent through the Services. You represent and warrant that, for every End Customer you contact:
A Client Account is provisioned for one business. Inboxes, contact records, telephone numbers and AI configuration are all account-level, so placing a second business’s number, contacts or messaging traffic into your Client Account will cause those businesses’ communications to mix. You must not do it, and we are not liable for any consequence of your doing so.
Carriers and email providers independently filter, throttle, block, label and reject traffic, and change those rules without notice. We do not control them. We do not guarantee that any message will be delivered, will reach an inbox rather than a spam folder, or will not be filtered, and we are not liable for carrier fees, penalties, number deregistration or campaign rejection.
You will indemnify us for claims arising out of your communications and your contact data, as set out in section 15.
Subscription fees are billed monthly in advance, quoted in US dollars, exclusive of taxes. Your plan renews automatically at the end of each monthly period at the then-current rate for that plan, using the payment method on file, until you cancel under section 8. By subscribing you authorise these recurring charges.
Where a plan carries a Setup Fee it is charged once, at the start, together with your first month. It buys the configuration and build work described for that plan. It is earned as the work is performed and, once work has begun, it is non-refundable.
A quoted fixed Setup Fee assumes your existing data and processes are in a usable state. Where they are not – for example inconsistent or unusable contact records, or a migration materially larger than described – we will tell you before doing the work and either quote a paid discovery phase or agree a revised fee in writing. We will not perform out-of-scope work and invoice you for it afterwards.
Messaging, telephony, email, verification and AI usage are billed at cost, without markup, either directly to you by the provider or on your invoice. Advertising spend is always billed direct to you by the advertising platform. These amounts vary with your usage and are not capped by your subscription fee.
Fees exclude all sales, use, VAT, GST and similar taxes. Where we are required to collect them they are added to your invoice. You are responsible for any withholding required in your jurisdiction.
If a payment fails we may retry it. Amounts unpaid 10 days after the due date may accrue interest at 1.5% per month, or the maximum the law allows, whichever is lower. We may suspend the Services for non-payment after notice and a reasonable chance to cure, and you remain liable for fees accrued. You will reimburse reasonable costs of collection, including legal fees.
We may change our prices. For an existing subscription we will give you at least 30 days’ notice by email before a change takes effect, and the new price applies from your next renewal. If you do not accept it you may cancel under section 8 before it takes effect. Existing clients are not repriced mid-term.
If you dispute a charge, contact us first at [email protected]. Initiating a chargeback for a charge properly due under these Terms is a breach of this agreement, and we may suspend the Services and recover the disputed amount plus any processor fees.
Except where the law requires otherwise:
Nothing here limits any non-waivable statutory right you may have.
Plans run month to month with no minimum term unless a signed order form says otherwise. You may cancel at any time, effective at the end of your current paid period, by emailing [email protected] or using any cancellation function we provide. Cancellation does not entitle you to a refund of amounts already paid.
We may terminate for convenience on 30 days’ written notice, and immediately for material breach not cured within 10 days of notice, for non-payment, or where continuing would expose us to legal, regulatory, carrier or payment-processor risk.
section 5, section 6, section 7, section 10, section 11, section 12, section 13, section 14, section 15 and section 16 survive termination.
The Services are built on, and depend on, software and infrastructure operated by other companies – including the underlying CRM platform, telephony and messaging carriers, email infrastructure, payment processors, AI model providers, automation infrastructure and hosting.
You acknowledge that:
The Platform is white-labelled and presented under the Max Level name. That is a branding arrangement; it does not make us the manufacturer of the underlying software, and warranties from the underlying vendor, if any, flow to you only to the extent we are permitted to pass them through.
We retain all right, title and interest in the Services and in everything we develop, including our workflows, automations, snapshots, templates, prompts, configurations, documentation, methods, know-how and any improvement to them, plus all our trade marks and brand assets. Nothing in these Terms transfers ownership of any of it to you. Subject to payment, you receive a non-exclusive, non-transferable licence to use them for your own business for the duration of your subscription.
You retain all right, title and interest in your Client Data, your brand assets and any content you supply. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, process and adapt that material only to the extent necessary to provide, secure, support and improve the Services for you, and to comply with the law. That licence ends when the material is deleted, except for backups retained for the period described in the Privacy Policy.
You represent that you own or have the rights to everything you supply, and that our use of it as contemplated here will not infringe anyone’s rights.
As between you and us, and subject to any restriction imposed by the underlying model provider, you own the content the AI Features generate for you. AI systems can produce similar or identical output for different users, so we make no representation that any output is unique or protectable.
If you send us suggestions or feedback, we may use them without restriction, attribution or compensation.
We will not use your name, logo or a description of your business in our marketing without your prior written consent, which you may withdraw at any time by emailing [email protected].
Read this even if you skip the rest. Parts of the Services can compose and send messages to your customers without a human reading them first. That is the product working as designed. It also means you are accepting a specific set of risks, set out here.
Depending on your plan, AI Features may read incoming messages, draft and send replies by email, SMS or chat, answer and conduct telephone calls, schedule appointments, update records, and generate marketing content – in your business’s name and voice.
You may ask us to disable or restrict AI Features on your Client Account at any time, and we will do so within a reasonable period.
Content processed by AI Features is handled as described in the Privacy Policy. We do not sell your Client Data, and we do not permit our AI providers to use it to train their general-purpose models where the provider offers a setting that prevents it.
AI usage is metered and billed at cost. Where your plan includes an allowance, usage beyond it is billed at cost or may be rate-limited. We will tell you before we rate-limit an account.
Each of us may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Each of us will protect the other’s Confidential Information with at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to employees, contractors and advisers who need it and are bound by comparable obligations.
This does not apply to information that is or becomes public through no fault of the recipient, was already known without a duty of confidence, is independently developed, or is lawfully obtained from a third party. A party may disclose Confidential Information where legally compelled, giving the other reasonable prior notice where lawful.
We sell a system and the operation of it. We do not sell an outcome, and nobody honestly can.
Marketing, sales and automation results depend on factors outside our control – your market, your pricing, your offer, your capacity to fulfil, your team, your response times, seasonality, competition, platform algorithm changes, carrier filtering, and the quality and consent status of your data.
Accordingly, and notwithstanding anything said in any conversation, proposal, case study, testimonial or marketing material:
Our obligation is to perform the Services with reasonable skill and care, and to do what your plan says we will do.
Except as expressly stated in these terms, the services are provided “as is” and “as available”, and to the maximum extent permitted by law we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the services or any AI output will be accurate, complete or reliable.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data or anticipated savings, however caused and on any theory of liability, even if advised of the possibility.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these terms or the services, whether in contract, tort (including negligence), statute or otherwise, will not exceed the total amount of subscription fees you actually paid us in the three (3) months immediately preceding the event giving rise to the claim.
These limits do not apply to your obligation to pay fees, to either party’s liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct, or to any liability that cannot lawfully be limited. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
Each party’s liability is reduced to the extent the loss was caused by the other party’s own act or omission. The allocation of risk in this section is a fundamental basis of the pricing of the Services.
Any claim arising out of these Terms must be brought within one (1) year of the date the claim arose, or it is permanently barred, except where a longer period is required by law.
You will defend, indemnify and hold harmless Max Level Marketing LLC, its members, officers, employees and contractors from and against any third-party claim, demand, proceeding, penalty or investigation, and all resulting losses, damages, fines and reasonable legal fees, arising out of or relating to:
We will defend, indemnify and hold you harmless from any third-party claim that the Services, as provided by us and used in accordance with these Terms, infringe that third party’s United States intellectual property rights. This does not apply to claims arising from your Client Data, your content, your modifications, your combination of the Services with anything we did not supply, or your use after we have told you to stop.
The party seeking indemnity must give prompt written notice, allow the other to control the defence, and provide reasonable cooperation. No settlement that admits liability or imposes an obligation may be made without the indemnified party’s consent.
Before starting any formal proceeding, you agree to contact us at [email protected] with a written description of the dispute and the relief you seek, and to give us 30 days to resolve it informally. Most disputes end here.
If we cannot resolve it, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Wyoming or conducted remotely by agreement. Judgment on the award may be entered in any court of competent jurisdiction.
You and we each waive the right to a jury trial, and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative proceeding.
Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or Confidential Information.
You may opt out of this arbitration agreement by emailing [email protected] with the subject line “Arbitration Opt-Out”, together with your name and account details, within 30 days of first accepting these Terms. Opting out does not affect anything else in these Terms.
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. Where a dispute proceeds in court rather than arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Wyoming, and waive any objection to that venue.
If any part of this section is found unenforceable, the rest remains in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest stays in arbitration.
We may update these Terms. If a change is material we will give you at least 30 days’ notice by email or in the Services before it takes effect. Continuing to use the Services after that means you accept the updated Terms; if you do not, cancel under section 8 before they take effect. The “Effective” date at the top shows the current version.
We are independent contractors. Nothing here creates a partnership, joint venture, agency, franchise or employment relationship, and neither party may bind the other.
Neither party is liable for a failure or delay caused by something beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labour dispute, epidemic, governmental action, power or internet failure, or the failure or suspension of a third-party service the Services depend on.
You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of substantially all of our assets, on notice to you.
Notices to you may be sent to the email address on your account and are deemed received when sent. Notices to us must be sent to [email protected].
These Terms, together with the Privacy Policy and any order form or proposal you have signed, are the entire agreement between us and supersede all prior discussions. Where a signed order form conflicts with these Terms, the order form controls for that engagement. If any provision is held unenforceable it is modified to the minimum extent necessary, or severed, and the rest remains in force. A failure to enforce any provision is not a waiver of it.