Gmax Terms of Service

TERMS OF SERVICE

Last Updated: May 1st 2025

This Terms of Service ("Agreement") sets out the legally binding terms and conditions that govern your access to and use of the Gmax website, mobile/desktop applications, APIs, and any related products or services (collectively, the "Services"). By accessing or using the Services you agree to be bound by this Agreement. If you do not agree, you must not use the Services.

1. Definitions

"Content" means all videos, audio, images, text, data, software, code and other material that is processed, uploaded, posted, generated, stored or otherwise made available via the Services.

"User Content" means Content that you (or your End Users) upload, submit, store, generate or otherwise provide to the Services.

"Free Tier" means any non‑paid subscription or trial access to the Services.

"Paid Plan" means any subscription or usage‑based plan for which fees are charged.

2. Eligibility & Account Registration

You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and accepted this Agreement on your behalf.

You must provide accurate, complete and up‑to‑date information when creating an account and keep it updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

We may suspend, disable or delete your account at any time if we reasonably believe you have violated this Agreement or applicable law.

3. Changes to the Services or Terms

We may modify the Services or this Agreement at any time. We will provide reasonable notice of material changes (e‑mail or in‑app notice). Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel any Paid Plan before the change takes effect.

4. Your Rights & Licences

4.1 Your Ownership

You retain all ownership rights in your User Content.

4.2 Licence to Gmax

You grant Gmax a world‑wide, non‑exclusive, royalty‑free licence to host, store, reproduce, process, adapt, display and otherwise use your User Content solely as necessary to operate, provide and improve the Services.

4.3 Additional Licence for Free Tier Users

If you use the Services on a Free Tier, you additionally grant Gmax a world‑wide, transferable, sublicensable, royalty‑free, perpetual licence to use your User Content to develop, train, test and improve Gmax's machine‑learning models, algorithms and related products. This clause does not apply to Paid Plan or enterprise customers.

You may withdraw this additional licence by:

Aggregated or anonymous data derived from your User Content may be retained and used indefinitely.

5. Prohibited Conduct

You agree not to:

6. Subscription Terms & Billing

Fees. Prices, features and limits for each Paid Plan are described on the pricing page or an order form. All fees are non‑refundable except as required by law or expressly stated.

Auto‑renewal. Paid Plans automatically renew for successive terms unless you cancel through your account settings before the renewal date.

Taxes. You are responsible for all applicable taxes, except those based on Gmax's net income.

Late Payments. We may suspend or terminate access for overdue accounts.

7. Intellectual Property Rights

All rights, title and interest in and to the Services (excluding User Content) are and will remain the exclusive property of Gmax and its licensors. No rights are granted except as expressly set out in this Agreement.

8. Third‑Party Services & Links

The Services may provide links to third‑party websites or services. We do not endorse or assume any responsibility for such third parties. Your use is at your own risk and governed by the third party's terms.

9. Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GMAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR‑FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GMAX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED USD $100 OR THE FEES PAID BY YOU TO USE THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM, WHICHEVER IS GREATER.

11. Indemnification

You will indemnify and hold harmless Gmax and its affiliates from any claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from: (a) your User Content; (b) your violation of this Agreement; or (c) your violation of any law or third‑party right.

12. Termination

Either party may terminate this Agreement at any time:

Upon termination, licences granted to you will cease and you must delete any software or confidential information obtained from the Services. Sections that, by their nature, survive termination (including 4, 7, 9–13) shall remain in effect.

13. Governing Law & Dispute Resolution

This Agreement is governed by the laws of State of Washington, without regard to conflict‑of‑law principles.

Arbitration. Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Seattle Washington, unless you opt‑out within 30 days of first accepting this Agreement by emailing support@gmax.ai. You waive any right to participate in class actions.

14. DMCA / Copyright Policy

If you believe that Content on the Services infringes your copyright, please send a detailed notice to support@gmax.ai. We will respond pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512).

15. Contact

Sige Inc.

Email: support@gmax.ai