Terms of Use

Last Updated: February 23, 2017

BEFORE YOU CLICK ON THE "I AGREE" BUTTON BELOW, CAREFULLY READ THESE TERMS OF USE.  BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE OVER 18 YEARS OF AGE AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms of Use form a binding agreement between a user ("you") and Max2 Inc. and our affiliates and subsidiaries (collectively "Max2"), for use of the VeeaTM application ("Veea"), the Veea Connect application ("Veea Connect"), the Veea Pay application ("Veea Pay") and the Veea Pay payment processing services ("Veea Pay Payment Services") and or the website found at www.max2.com and related or associated subdomains (collectively, the "Site"). 

 

Your acceptance of these Terms of Use when using the Site and all of our products, mobile applications, including VeeaTM, Veea Connect and Veea Pay (collectively "Apps"), the Veea Pay Payment Services and related software, blogs, forums, channels and sharing services (collectively with the Sites and Apps, the "Services") evidence your continuing agreement to abide by these Terms of Use. If you are using the Services on behalf of a business, that business is deemed to accept these terms. 

1.         Account Set Up

To use certain of the Services, including, without limitation, the Veea Pay Payment Services, a Veea user must create an account and provide us with an acceptable username, password and email address; and, to utilize certain of the Services, a telephone number that is capable of sending and receiving SMS, MMS, text message messages (collectively, "Veea User Information").

To use our Veea Connect app and the Veea Pay Payment Services, a merchant user must create an account by claiming the merchant's business profile and create an account and provide us with an acceptable username, email address, your zip code and; to utilize certain of the Services, a telephone number that is capable of sending and receiving SMS, MMS, text message messages (collectively,"Veea Connect User Information" and together with Veea User Information, "User Information").

You are responsible for maintaining the accuracy and completeness of your User Information.  You will be responsible for all activities that occur under your account.  You should keep your User Information confidential and notify us immediately regarding any unauthorized use of your account.  We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your User Information secure. It is a condition of your use of the Service that all the information you provide is correct, current and complete and that you will keep your User Information up-to-date. In the future, you may be asked to provide certain registration details or additional information.  We reserve the right to disable any User account, at any time in our sole discretion for any (or no reason), including if, in our opinion, you have failed to comply with any provision of these Terms of Use.

2.         Fees and Charges

Use of the Veea app is free of charge. However other Max2 products and services may charge fees for the use of those Services as described in terms or separate agreements applicable to those Services.  Message, roaming and data rates and limits may apply to text and/or multimedia messages through your wireless service provider.  Any fees and charges will be charged or applied separately by your wireless service provider.  Text messaging may not be available in all areas and not all mobile devices may be supported.  Max2 is not responsible for the successful delivery or any delays of text and/or multimedia messages.  Please see "Communications from Max2" below, for information regarding receipt of text and multimedia messages.

3.         Modification of These Terms of Use

Max2 reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services if any. We will notify you of the change and require your acceptance of the new terms prior to being permitted to continue to use the Services.

4.         Links to Third Party Services and Sites

The Services may contain links to other third party services and websites ("Linked Sites"). The Linked Sites are not under the control of Max2 and Max2 is not responsible for the contents or operation (including privacy practices) of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Max2 is not responsible for webcasting or any other form of transmission received from any Linked Site. Max2 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Max2 of the site, service, or any association with the operators of a Linked Site.

5.         No Unlawful or Prohibited Use

As a condition of your use of the Services, you warrant to Max2 that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the Services.

6.         Use of Communication Services

The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

¤  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

¤  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.

¤  Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto and have received all necessary consents.

¤  Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

¤  Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

¤  Conduct or forward surveys, contests, pyramid schemes, or chain letters.

¤  Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

¤  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

¤  Restrict or inhibit any other user from using and enjoying the Communication Services.

¤  Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.

¤  Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

¤  Violate any applicable laws or regulations.

Max2 has no obligation to monitor the Communication Services. However, Max2 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Max2 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Max2 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Max2's sole discretion.

Always use caution when giving out any personally identifying information about yourself or others (particularly your children) in any Communication Service. Max2 does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Max2 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Max2 spokespersons, and their views do not necessarily reflect those of Max2.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

7.         Materials Provided to Max2 or Posted on any Service

Max2 does not claim ownership of the materials you provide to Max2 (including feedback and suggestions) or post, upload, input, or submit to any Service (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Max2, its affiliated companies and its sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission.  Max2 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Max2's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions and grant us all rights stated in these Terms of Use.

8.         Communications from Us and Veea Connect Merchants

We may offer services that are available via your mobile device, including, without limitation, the ability to upload content to any Service, blog, post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for any Service, including advertisements, offers and promotions ("Promotions") from Veea Connect participating member businesses (each a "Member Business") and/or other businesses (collectively "Mobile Services").  If you decide that you do not want to receive Promotions, you may opt-out by updating your account profile.

Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all mobile carriers or devices. By providing your cell number upon registering or by using any Mobile Services, you agree that we may communicate with you regarding Max2, the Services and other entities, by SMS, MMS, text message, push 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.  

9.         Member Businesses

If you are using the Services in connection with a Veea Connect merchant account, these Terms of Use, except where another agreement governs the use of certain Services provides expressly conflicting terms, govern your use of the Services.

10.       Purchases; Promotions; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Services, the latter terms shall control with respect only to your use of that portion of a Site or the specific Service.

In connection with any Max2 sponsored contest or promotion, if Max2 provides any hardware, equipment or device to a Member Business, you  agree that (1) unless otherwise specifically agreed in writing by Max2, all such hardware, equipment and devices and any information collected by such devices will be the property of Max2 , (2) the Member Business will not attempt to access or disturb the device in any fashion during the related contest or promotion, and (3) will return the hardware, equipment or device promptly following completion of the context or promotion.

11.       LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SITES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN. Max2 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MAX2 IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PROMOTION, AND DOES NOT ENDORSE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY PROMOTION.

MAX2 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR AS PART OF THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Max 2 AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Max2 AND/ORITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Max2 SITES OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE Max2 WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Max2SITES OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Max2 SITES OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Max2 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Max2 SITES OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THIS LIABILITY DISCLAIMER WILL SURVE THE TERMINATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES.

12.       Indemnity; Reservation of Rights; Release

You agree to indemnify and hold the harmless Max2, its subsidiaries, affiliates, directors, officers, shareholders, employees, consultants, agents and suppliers from and against any and all claims, liabilities, demands, suits, actions, proceedings, expenses, damages (actual and consequential), costs, settlement amounts, losses and expenses (including legal and other professional fees) arising from or in any way related to: (i) any third party claims relating to your use of the Services, (ii) any violation of these Terms of Use by you; or (iii) any other actions or omissions connected with your use or misuse of the Services (including all actions or omissions taken under your account). Max2 will not be liable even if we are unable to provide the Service or part of the Services due directly or indirectly to failure of any equipment, software, mobile device or internet service or access.  In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.  This indemnification obligation will survive the termination of these Terms of Use and your use of the Services.

Max2 reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Member Business.   We would like to hear from you if you are ever dissatisfied with the actions of a Member Business.

To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Website and from any claims related to the conduct of any other Users or any Member Business. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

13.       Use Restrictions

You agree that you will not directly or indirectly sell, modify, distribute, reverse engineer, or sublicense any content or software made available to you on the Sites or Services or any portion thereof, or use such material other than through the Services as permitted under these Terms of Use.

14.       Termination / Access Restriction

You may close your User Account (or Member Business Account) at any time, for any reason (or no reason), and you don't even have to give us notice.  Max2 reserves the right, in its sole discretion, to terminate the Services at any time, your access to the Services or any portion thereof at any time, for whatever reason without notice.  If we terminate your account, you may not re-enroll or join under a new account unless we expressly invite you.  In the event your account is closed, we retain the right to continue to use your User Content as described in these Terms of Use. 

If your User Account (or Member Business Account) is closed, terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under a separate agreement entered into by you with Max2 or one or more of its affiliates, the following Sections of these Terms of Use will survive and remain in effect in accordance with their terms upon a termination of your User Account (or Member Business Account):  Section 2 (Fees and Charges), Section 7 (Materials Provided to Max2 or Posted on any Service), Section 11 (Liability Disclaimer), Section 12 (Indemnity; Reservation of Rights; Release), Section 14 (Termination/Access Restriction), Section 19 (Notices and Procedure for Making Claims of Copyright Infringement), Section 20 (General) and Section 23 (Reservation of Rights).

15.       Acceptance of Max2's Privacy Policy

By using the Services, you acknowledge that you have reviewed and consented to the use of the information you provide us in accordance with the terms of Max2's Privacy Policy.

16.       Local Laws

We control and operate the Services from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Services are solely directed to individuals, companies or other entities located in the United States. If you use the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.

17.       Minors

Any use of or access to the Services by anyone under 18 is not permitted and violates our Terms of Use. By using or accessing the Max2 Services, you represent and warrant that you are 18 years of age or older and fully able to enter into and abide by all of our Terms. We may terminate your access to the Services and delete any profiles, content or dates you may have created or posted if we believe, in our sole discretion, that you are less than 18 years old.

18.       Government Use

If you are accessing the Services on behalf of the United States Government ("USG"), then the following provision applies:

All software associated with the Services constitute commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.

19.       Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Max2's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

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

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Max2 to locate the material;

4. Your address, telephone number, and, if available, your e-mail address;

5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send the written communication to our Designated Agent as set forth below:

Name of agent designated to receive notification of claimed infringement:

Full address of designated agent to which notification should be sent:

Max2 Inc.

Copyright Enforcement

164 E. 83rd Street

New York, NY 10028

Attention:  General Counsel

E-Mail Address of Designated Agent:  copyright@max2.com

20.       General

To the maximum extent permitted by law, these Terms of Use and your use of the Services is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Services. Use of the Services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Max2 as a result of this agreement or use of the Services. Max2's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Max2's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Max2 with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

These Terms of Use, and any applicable additional Terms or Policies or other agreements covering your use of the Services, are a complete statement of the agreement between you and Max2 regarding the Services. In the event of a conflict between these Terms of Use and any other agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these Terms of Use or any additional Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Use do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term.

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreements provided for herein or therein to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

21.       Contacting Us:

If you have any questions or concerns about our Services or these Terms, you may contact us at:_

 

Max2 Inc.

164 East 83rd Street

New York, New York 10028

Attention:  General Counsel

 

or by email at support@max2.com

22.       Copyright Notice:

All contents of the Services are:

© 2015-2017 by Max2 Inc. and/or its subsidiaries, affiliates and suppliers. All rights reserved.

23.       Reservation of Rights

Any rights not expressly granted herein are reserved to Max2.

 

 

Max2 and Veea are trademarks of Max2 Inc.