Website Terms and Conditions

Effective Date: 11/04/2021

These Website Terms of Use (the "Terms") apply to the MaintainX website located at www.getmaintainx.com, and all associated sites linked to www.getmaintainx.com by MaintainX or its affiliates (collectively, the "Site"). The Site is the property of MaintainX Inc. (“MaintainX”, “we”, “us”, or “our”) and its licensors.

By using the Site you agree to these Terms. If you do not agree with any part of Terms, do not use the Site.

To access and use any of our mobile applications or cloud service (collectively the “Service”), you will also need to agree to the Terms of Service. You also agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your access and use of our Site.

Privacy Statement

Your privacy is important to us. By agreeing to these terms and conditions, you agree to the terms of our Privacy Policy. Before using this website, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. If you do not agree, please exit and cease further access to the Site.

Updates

We may update these Terms, any of the policies referred to in these Terms, or any of the features of our Site without notice by posting a new version on our Site. You should check our Site occasionally to ensure you are familiar with any changes.

Site content and access

Our Site may contain links to other websites or may reference or incorporate content generated by other people. We do not take any responsibility for any websites or content of third parties.

There may be times when our Site is not available, and we cannot guarantee that our Site is free from viruses or anything else which may damage any device used to access our Site or any data on such device.

Our Copyright and Trademarks

We, together with our licensors, own and control all the copyright and other intellectual property rights in our Site and materials incorporated in the Site (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material, and audio-visual material on the Site).

The names and logos of MaintainX and its affiliates, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of MaintainX or its affiliates (collectively, the “Marks”). All other trademarks, product names, company names, logos, service marks and trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use any trademarks, product names, company names, logos, service marks, or trade dress of other owners featured on this website without the prior written permission of such owners.

The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

By agreeing to these Terms, you also agree to our Acceptable Use Policy.

Notifications of Claimed Infringement of Copyrighted Works

MaintainX will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the Site, please provide a written DMCA notice to MaintainX’s designated agent:

By mail: Copyright Agent, MaintainX Inc., 244 Biscayne Blvd, #2902, Miami, FL 33132

By email: copyright@getmaintainx.com

Please include the following information in your notice:

1. Your full name, address, telephone number, and an email address where we may contact you.
2. A detailed description of the content on the Site that you believe infringes the copyrighted work, including information reasonably sufficient to permit MaintainX’s employees or agents to locate the alleged infringing content (e.g., the page on the Site where the alleged infringing content is located).
3. The following statement, physically or electronically signed by the copyright owner or a person authorized to act on behalf of the copyright owner, with respect to an exclusive right that is allegedly infringed:

“I 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. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

Disclaimer of Warranties

Although MaintainX attempts to provide accurate content on the Site, it makes no representation, endorsement or warranty that such content is accurate or suitable for any particular purpose. Any procedure, checklist, or other related document available on the Site is provided as an example only.

Nothing herein is workplace, occupational health, or safety advice. Seek professional advice as to whether use of such material complies with laws and regulations in your jurisdiction or is otherwise appropriate for your business operations. THE SITE AND ITS CONTENT ARE PROVIDED ON AN AS IS BASIS. Use of the Site and its content is at the user's sole risk. The Site and content are provided without any representations, endorsements, or warranties of any kind whatsoever, either expressed or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non‑infringement, with the sole exception of any warranties that cannot be expressly excluded under applicable law. As noted below, MaintainX also makes no representations, endorsements or warranties, either express or implied, with respect to any website operated by a third party.

Indemnity

You agree to defend, indemnify, and hold harmless MaintainX and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;

(iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.

Limitation of liability

These Terms only limit MaintainX responsibilities as allowed by applicable law. Specifically, these terms do not limit MaintainX’s liability for death or personal injury, fraud, fraudulent misrepresentation, or willful misconduct. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAINTAINX AND ITS RELATED ENTITIES EXCLUDE COMPLETELY

ALL LIABILITY TO ANY USERS IN EXCESS OF US $50.00 FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS AND INCLUDING LOSS OF BUSINESS PROFITS) HOWEVER CAUSED (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE CONTENT AND THE USE OR PERFORMANCE OF THE SITE.

Where the law implies a warranty into these Terms which may not lawfully be excluded, our liability for breach of such a warranty shall be limited at our option, to any one or more of the following: (a) in the case of goods, to the replacement of the applicable materials; and (b) in the case of services to supplying the services again.

By using our Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.

Waiver

No waiver by of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.

Governing Law and Venue

These Terms any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions. Each party consents to the exclusive personal jurisdiction and venue of the state or federal courts located in San Francisco, California. The application of the United

Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any information disclosed to MaintainX outside a pre-existing and documented confidential business relationship will be deemed non-confidential and non-proprietary, and MaintainX may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.

Contact Us

If you have any questions about these Terms, please contact us at info@getmaintainx.com.