Terms and Conditions
Last updated: 1 January 2024
1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the website, dashboard, and related services (collectively, the "Service") provided by Maxalt Opt ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.
This document is a general draft template and should be reviewed and adapted to reflect your specific business practices and applicable jurisdictional requirements before publication.
2. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements and that any information you provide to us is accurate and complete.
3. Description of Service
Maxalt Opt provides tools for data analysis, reporting, and decision-support intended to assist users in reviewing information relevant to their own independent decision-making. The Service is provided for informational purposes only and does not constitute financial, investment, legal, tax, or professional advice of any kind.
We do not guarantee any particular outcome, result, or level of performance from use of the Service. All decisions made based on information or tools provided through the Service are made at your own discretion and risk.
4. Account Registration
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You must notify us promptly of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
5. Acceptable Use
You agree not to use the Service to: violate any applicable law or regulation; infringe the intellectual property or other rights of any third party; transmit malicious code or engage in activity that disrupts or interferes with the Service; attempt to gain unauthorised access to our systems or other users' accounts; or use automated means to scrape, extract, or reproduce content from the Service without our prior written consent.
We reserve the right to investigate and take appropriate action, including suspension or termination of access, against any user who violates this section.
6. Subscription, Fees, and Payment
Certain features of the Service may require payment of fees. Where applicable, fees, billing cycles, and payment terms will be presented to you prior to purchase. All fees are exclusive of applicable taxes unless stated otherwise. We reserve the right to change our fees upon reasonable prior notice.
Except where required by law or expressly stated otherwise, fees are non-refundable. Failure to pay applicable fees may result in suspension or termination of your access to the Service.
7. Intellectual Property
All content, software, trademarks, logos, and materials made available through the Service are owned by or licensed to Maxalt Opt and are protected by applicable intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose.
8. No Financial or Investment Advice
Nothing provided through the Service constitutes an offer, solicitation, or recommendation to buy, sell, or hold any financial instrument, asset, or product. Any data, analysis, or output generated by the Service is provided "as is" for informational purposes only. You are solely responsible for evaluating the merits and risks associated with any decision you make, and we strongly recommend seeking independent professional advice before making any financial or business decision.
9. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Maxalt Opt and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the amount, if any, paid by you to us for use of the Service in the twelve (12) months preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify and hold harmless Maxalt Opt, its affiliates, and their respective officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for conduct that we believe violates these Terms or is otherwise harmful to other users, us, or third parties. You may discontinue use of the Service at any time. Provisions of these Terms which by their nature should survive termination will remain in effect.
13. Changes to the Service and Terms
We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time without liability. We may also update these Terms from time to time. Material changes will be indicated by revising the "Last updated" date above. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Maxalt Opt is established, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of that jurisdiction, unless otherwise required by applicable law.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Maxalt Opt concerning the Service and supersede any prior agreements or understandings.
17. Contact
If you have any questions about these Terms, please contact us through the details provided on our Contact page.