Terms of Service

By signing up for the application services or any of the services of MaxSale or its affiliates (“MaxSale”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by MaxSale under the Terms of Service include MaxSale “the App”. The App provides an all-in-one solution to upsell & boost conversion (“the Service”). Any such services offered by MaxSale and the App are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://docs.thimpress.com/terms-of-service/.

MaxSale reserves the right to update and change the Terms of Service by posting updates and changes to the MaxSale website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including MaxSale Privacy Policy, Data Processing Agreement before you may become a MaxSale customer.

General Conditions

• You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
• You acknowledge that MaxSale will use the email address you provide as the primary method for communication.
• Technical support is only provided to paying customer and is only available via email.
• The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of MaxSale . At its discretion, MaxSale may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Term of Service shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. MaxSale does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that MaxSale shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Terms of Service and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
• The Terms of Service shall be governed by and interpreted in accordance with the laws of Vietnam and possibly other countries.
• You acknowledge and agree that MaxSale may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on MaxSale ’s website, available at https://docs.thimpress.com/terms-of-service/and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to MaxSale ’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MaxSale .

Intellectual Property and Customer Content

• MaxSale does not claim any intellectual property rights over the Materials you provide to the Product Filter & Search service. All Materials you upload remains yours. You can remove your Product Filter & Search application at any time by uninstalling it from your account.
• MaxSale will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
• MaxSale shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
• You herein acknowledge, understand and agree that all of the MaxSale trademarks, copyright, trade name, service marks, and other MaxSale logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of MaxSale . You herein agree not to display and/or use in any manner the MaxSale logo or marks without obtaining MaxSale ‘s prior written consent.
• MaxSale reserve the right to remove any customers’ content for the site and services at any time for any reason.

Restriction

• You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with the Services.
• You may not use the Product Filter & Search service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Vietnam and possibly other countries. You will comply with all applicable laws, rules and regulations in your use of the Service.

Third Party Services

• MaxSale may from time to time recommend, provide you with access to, or enable third-party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Shopify App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Shopify’s and MaxSale ’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. MaxSale is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
• Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that MaxSale shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
• MaxSale may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that MaxSale shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
• We do not provide any warranties with respect to Third Party Services. You acknowledge that MaxSale has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on MaxSale ’s websites, including the Shopify App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MaxSale . MaxSale does not guarantee the availability of Third Party Services and you acknowledge that MaxSale may disable access to any Third Party Services at any time in its sole discretion and without notice to you. MaxSale is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. MaxSale strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
• Under no circumstances shall MaxSale be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if MaxSale has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

Registration and security

• To access and use the Services, you shall never use another User’s account or registration information.
• You are responsible for keeping your Shopify password secure. MaxSale cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

Limitation of Liability

• You expressly understand and agree that MaxSale shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
• MaxSale does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
• MaxSale does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
• MaxSale does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Cancellation and Termination

• You may cancel your subscription at any time by uninstalling the App or emailing support@MaxSale .com and then following the specific instructions indicated to you in MaxSale ’s response.
• MaxSale will cease providing you with the Services and you will no longer be able to access the Services; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to MaxSale for your use of the Services through the effective date of such termination will immediately become due and payable in full; and the Services for your store website will be disabled.
• We reserve the right to modify or terminate the Boost Sales Service or your Account for any reason, without notice at any time.
• Fraud: Without limiting any other remedies, MaxSale may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Payment of Fees

• You will pay the Fees applicable to your subscription to the product or use of service, and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as customization requests (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
• Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at MaxSale ’s instruction. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees to Shopify.
• You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of MaxSale ’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date, we receive evidence satisfactory to MaxSale of your exemption. If you are not charged Taxes by MaxSale , you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
• Prices for using the services are subject to change upon 30 days’ notice.

Browser Compatibility

• We thrive to build our Product Filter & Search to be compatible with a wide range of most common browsers and operating systems. To correctly view and engage with our app, we recommend you use the three latest versions of Firefox, Safari, Chrome, Microsoft Edge, and Internet Explorer 11. We also test our Product Filter & Search on various mobile, tablet, and desktop devices.
• Should any issues related to the above versions, please report to our support.

Privacy and Data protection

MaxSale is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that MaxSale ’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Dispute resolution

• In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
• All users herein agree to insure and hold MaxSale , our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Filter Product & App Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

ThimPress