Terms of Service — Max The Cap

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and MAX THE CAP LLC ("Max the Cap," "we," "our," or "us") and govern your access to and use of the Max the Cap website, web-based services, and any related applications, APIs, integrations, tools, content, or services we make available (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, our Community Guidelines, and any additional policies or terms we present for specific features, purchases, promotions, or business tools (collectively, the "Policies"). If there is a conflict between these Terms and another Policy, these Terms control unless the other Policy expressly says otherwise. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy controls for data-handling disclosures and these Terms control for Service-use and commercial terms, except to the extent applicable law requires a different result.

If you do not agree, do not use the Service.

2. Important Regional Rights; Quebec Language Notice

Nothing in these Terms limits or waives any consumer protection, legal warranty, cancellation, refund, chargeback, privacy, language, or other rights that cannot lawfully be waived under applicable law.

If you are a consumer residing in Canada, additional mandatory rights may apply under federal, provincial, or territorial law.

If you are a consumer residing in Quebec:

these Terms and related consumer-facing contract documents must be made available to you in French as required by applicable law;
you may be bound by an English version only if, after first being provided the French version, you expressly choose to contract in English; and
if there is any conflict between these Terms and non-waivable rights under Quebec law, Quebec law controls to the extent of the conflict.

3. Eligibility and Account Type Rules

You may use the Service only if:

you are at least 18 years old;
you can form a binding legal agreement; and
you are not prohibited from using the Service under applicable law.

Additional eligibility and access rules:

we may require age-gate, email verification, business verification, identity checks, or other onboarding steps for safety, fraud prevention, trust, legal compliance, or feature access;
certain venue, event, payment, messaging, moderation, referral, or business features may be restricted until verification is complete;
you represent that you are not subject to sanctions, export controls, or other legal restrictions that prohibit your use of the Service.

4. Registration, Security, and Account Responsibility

You must provide accurate, current registration information and keep it up to date.

You are responsible for:

maintaining the confidentiality of your login credentials and devices;
all activities that occur under your Account;
promptly notifying us at [email protected] if you suspect unauthorized access, compromise, or misuse.

We may require reasonable security measures, including multi-factor authentication, email verification, session revocation, or credential resets.

5. License to Use the Service

Subject to your compliance with these Terms and the Policies, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purposes.

Except as expressly permitted by us in writing, you may not copy, reproduce, distribute, sell, lease, sublicense, publicly display, publicly perform, reverse engineer except where prohibited by law, create derivative works from, or commercially exploit the Service or any part of it.

6. Acceptable Use and Prohibited Conduct

You may not, and may not encourage or assist others to:

violate law or third-party rights;
impersonate any person or entity or misrepresent your identity, affiliation, age, authority, or eligibility;
bypass, disable, interfere with, or probe security, entitlement, authentication, verification, moderation, anti-abuse, or rate-limit controls;
scrape, crawl, harvest, bulk export, mirror, or data-mine the Service or platform data without our written permission;
use bots, automation, scripts, or similar means in a way that disrupts safety, reliability, fairness, or ordinary operation;
submit false, manipulated, deceptive, or fraudulent records, including stats, check-ins, venue data, event data, reviews, ratings, reports, referrals, or account information;
distribute malware, spam, phishing, scams, malicious code, or harmful links;
attempt unauthorized access to accounts, data, systems, or networks;
evade enforcement, including by creating alternate accounts or using deceptive identities;
use the Service to promote or facilitate violence, hate, harassment, doxxing, exploitation, fraud, or other prohibited conduct.

7. User Content

A. Ownership

You retain ownership of your User Content, subject to the rights you grant in these Terms.

B. License You Grant to Us

You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, translate, create derivative works from, transmit, display, perform, distribute, publish, communicate, promote, market, feature, analyze, use, and otherwise exploit your User Content as reasonably necessary to:

provide, operate, maintain, secure, troubleshoot, and improve the Service and related offerings;
power search, messaging, inbox, venue, event, league, dartboard, roadmap, social, discovery, ranking, recommendation, listing, review, referral, support, moderation, trust and safety, billing, and related product features;
review, verify, moderate, investigate, prevent, detect, and respond to spam, abuse, fraud, manipulation, policy violations, disputes, legal requests, and legal compliance obligations;
create backups, archives, logs, audit records, internal records, disaster-recovery copies, and internal testing, quality, and evaluation materials;
display, distribute, feature, promote, market, advertise, and commercialize the Service and related offerings, including by using public-facing or business-submitted content in on-Service or off-Service materials;
create, use, and commercialize aggregated, de-identified, benchmarked, statistical, operational, ranking, recommendation, anti-fraud, safety, or other derived materials and insights; and
enforce these Terms and protect users, us, and third parties.

This license includes the right to use your nickname, display name, business name, logos, trademarks, profile imagery, photos, and other branding or attribution you submit in connection with the relevant content, account, listing, or feature, subject to applicable law and your settings where relevant.

This license ends when your User Content is deleted from the Service, except to the extent the Content has been shared with others, published on public or shared surfaces, incorporated into marketing or promotional materials, retained in backups, caches, logs, audit trails, training or evaluation materials, safety or compliance systems, or transformed into aggregated, de-identified, benchmarked, or other derived materials that do not identify you personally where identification is not permitted by law.

Nothing in this section transfers ownership of your User Content to us, but you agree that we may exercise the rights granted here without compensation, notice, approval, or accounting to you, except where applicable law requires otherwise.

C. Public, Business, and Community Content

If you submit content to public, shared, business, listing, venue, event, league, dartboard, roadmap, review, referral, or similar community features, you acknowledge that we may display, reformat, translate, excerpt, promote, analyze, rank, quote, cache, copy, feature, distribute, or reshare that content as part of the Service and related lawful commercial activities, subject to applicable law and your settings where relevant.

We may correct, normalize, supplement, merge, reattribute, associate, disassociate, transfer, downrank, suppress, unpublish, or remove submitted or imported content, listings, and business pages, including in connection with ownership claims, quality review, source reconciliation, moderation, legal compliance, or product operations.

D. Your Content Responsibilities

You represent and warrant that:

you have all rights, permissions, and consents necessary to provide your User Content and grant the license above;
if you submit content on behalf of a business, venue, league, organizer, or other person, you are authorized to act on their behalf and to grant the rights described in these Terms;
your User Content does not violate these Terms, the Policies, applicable law, or third-party rights;
your User Content, including any photos, logos, branding, likenesses, reviews, imported data, or business information you submit, may be used by us as described in these Terms without compensation to you or third parties you represent, except where applicable law requires otherwise; and
your User Content is not knowingly false, misleading, fraudulent, or deceptive.

8. Messaging, Social, and Community Features

The Service may include direct messaging, inbox, social discovery, blocking, reporting, referrals, and other interactive features.

You acknowledge that:

messaging may be subject to consent, blocking, request/acceptance, and safety controls;
blocking may limit visibility, communication, tagging, invitations, or related interactions;
we may preserve communications and interaction records for moderation, trust and safety, fraud prevention, legal compliance, investigations, and auditability;
other users may retain, copy, quote, screenshot, or reshare content they receive or can access through shared features, and we are not responsible for that conduct to the extent permitted by law; and
deleting, hiding, or editing content at the user level may not remove it from backups, logs, reports, evidence holds, or compliance systems.

9. Listings, Events, Venues, Business Content, and Imported Data

The Service may include user-submitted, venue-submitted, business-submitted, partner-supplied, or imported listings, events, schedules, descriptions, branding, fees, links, and other operational content.

You acknowledge and agree that:

we may ingest, create, normalize, supplement, merge, deduplicate, rank, correct, claim-transfer, suspend, or remove listings, events, leagues, venues, business pages, and related content based on source data, ownership review, integrity review, legal obligations, or product needs;
if you submit or manage business, venue, league, or event content, you represent that you have authority to provide that content and to permit us to display and use related names, branding, images, schedules, and operational details;
we do not guarantee the accuracy, legality, safety, availability, licensing status, capacity, or suitability of third-party venues, businesses, events, or listings;
you are responsible for evaluating venue conditions, event rules, travel, accessibility, health, safety, alcohol, and local-law compliance before participating;
third-party venues, events, promotions, leagues, and operators may impose their own terms, house rules, waivers, age restrictions, or participation requirements.

10. Reviews, Ratings, Reports, and Integrity Controls

To protect platform integrity, we may apply validation, weighting, anti-manipulation, anti-fraud, and trust-and-safety controls to reviews, ratings, votes, check-ins, reports, referrals, and related activity.

We may hide, remove, delay, downrank, reject, investigate, or reverse content or account activity that appears fake, abusive, manipulative, coordinated, incentivized in violation of our rules, or otherwise inconsistent with platform integrity.

We are not obligated to publish, maintain, display, verify, restore, or continue displaying any review, rating, vote, report, listing, or integrity signal, and integrity outcomes may affect visibility, ranking, rewards, or account status.

Bad-faith reporting, retaliatory reporting, review manipulation, vote manipulation, fake referrals, and stat manipulation are prohibited.

11. Moderation, Safety, and Enforcement

We may investigate accounts, conduct, transactions, and content for compliance with these Terms, the Policies, safety requirements, fraud prevention, and legal obligations.

We may use automated tools, human review, internal scoring, third-party screening services, user reports, source verification, and other operational signals to support moderation, fraud prevention, trust and safety, and compliance decisions.

Enforcement may include:

warnings;
content removal or suppression;
feature restrictions;
reduced visibility;
referral or reward reversal;
temporary suspension;
permanent ban;
legal escalation, regulator reporting, or law-enforcement cooperation where appropriate.

We may act immediately where we reasonably believe there is safety, fraud, abuse, security, or legal risk.

We may preserve or restrict access to evidence, content, account records, communications, and related metadata for investigations, appeals, fraud prevention, safety, legal hold, or compliance purposes, including after content is hidden or accounts are suspended or deleted.

To the extent permitted by law, we are not required to disclose all detection methods, internal tooling, moderation signals, evidence, reporter identities, or detailed reasoning behind enforcement decisions. Any appeal or reconsideration process we make available is discretionary and may be subject to eligibility, deadlines, and evidence requirements.

12. Paid Features, Subscriptions, Trials, Billing, and Referrals

Certain features require payment, subscription, trial enrollment, reward entitlement, or administrator authorization.

A. Pricing and Checkout Disclosures

Before you complete a paid purchase, we will present the material commercial terms required by applicable law, including as applicable:

the price and currency;
billing frequency;
whether the plan auto-renews;
the renewal price or how it will be determined;
the timing of charges;
any material trial-to-paid conversion terms;
how to cancel; and
applicable taxes or government charges.

We will not intentionally advertise an unattainable price by excluding mandatory non-government fees from the upfront price.

B. Authorization and Renewals

If you purchase a recurring subscription or continuous paid feature, you authorize us and our payment processors to charge the payment method on file on the disclosed recurring basis until you cancel or the subscription otherwise ends.

C. Cancellations

You may cancel a recurring subscription at any time through the account settings we make available or by contacting support, subject to any legally permitted timing rules disclosed at purchase. Unless otherwise stated at purchase, cancellation stops future renewals and does not retroactively refund charges already incurred.

Where required by law, we will provide an acknowledgment, confirmation, reminder, or cancellation mechanism and will honor statutory cancellation, withdrawal, refund, and chargeback rights.

D. Refunds

Except where required by law, expressly stated by us, or provided in a specific offer, payments are non-refundable. Nothing in these Terms limits any refund, reimbursement, reversal, chargeback, or cancellation right you have under applicable law.

E. Payment Processors

Payments may be processed by third parties such as Stripe. We do not store full payment card numbers or card security codes.

F. Referrals, Rewards, and Credits

Referral, reward, promotional credit, trial, or entitlement programs are subject to posted rules and may be modified, withheld, reversed, or revoked for abuse, fraud, policy violations, failed payments, chargebacks, duplicate accounts, self-referrals, or other misuse.

Unless we expressly state otherwise, referrals, rewards, credits, and promotional entitlements have no cash value, are non-transferable, may be subject to verification or hold periods, may expire, and do not create vested rights.

13. APIs, Tokens, Import/Export, and Automation

If we make APIs, tokens, import/export tools, developer tools, or automation capabilities available to your Account:

you must comply with scopes, authentication requirements, limits, and documentation we provide;
you are responsible for token security and all actions taken through your credentials, tokens, integrations, or keys;
we may monitor usage and revoke access, rotate credentials, throttle requests, or suspend import/export or API access for security, abuse prevention, reliability, or policy reasons;
we may validate, reject, quarantine, transform, correct, or remove imported, exported, synced, or automated data for security, integrity, formatting, compliance, or operational reasons; and
we may retain logs and metadata related to API, import/export, and automation activity for audit, abuse prevention, security, and compliance purposes.

14. Feedback

If you provide feedback, ideas, suggestions, or product requests, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, copy, modify, and exploit that feedback for any lawful purpose without compensation, attribution, or restriction, unless applicable law does not allow that result.

15. Privacy and Communications

Our data practices are described in our Privacy Policy.

By using the Service, you acknowledge that we may send you transactional, operational, safety, legal, and account-related communications. We will send marketing communications only in accordance with applicable law, and where required by law we will provide required consent choices and unsubscribe mechanisms.

16. Intellectual Property

Except for User Content and third-party materials, the Service and all related software, technology, interfaces, designs, branding, trademarks, service marks, databases, compilations, and content are owned by us or our licensors and are protected by intellectual property and other laws.

Subject to applicable law, we or our licensors also own all rights in the Service's aggregated, de-identified, benchmarked, statistical, ranking, recommendation, moderation, anti-fraud, operational, and other derived data, materials, outputs, and insights, even when they are generated from or informed by User Content, Service activity, or platform usage.

No rights are granted to you except as expressly stated in these Terms.

17. Copyright and IP Complaints

If you believe content on the Service infringes your copyright or other intellectual property rights, send a notice to [email protected] with:

your name and contact information;
identification of the work or rights allegedly infringed;
identification of the allegedly infringing material and its location on the Service;
a good-faith statement;
a statement that the information in the notice is accurate and, where applicable, that you are authorized to act on behalf of the rights holder;
your physical or electronic signature.

We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

18. Third-Party Services and Links

The Service may contain links to, embed, or integrate with third-party sites, products, services, hardware, payments, maps, venues, or software.

We do not control and are not responsible for third-party services, content, availability, policies, or acts or omissions outside our reasonable control. Your use of third-party services is governed by their own terms and policies.

19. Suspension, Restriction, and Termination

We may suspend, restrict, or terminate your access to all or part of the Service if:

you violate these Terms or the Policies;
your activity presents safety, abuse, fraud, security, or legal risk;
required by law, court order, regulator, payment network, or law enforcement;
your Account is inactive, deactivated, or deleted under our account-lifecycle rules.

You may stop using the Service at any time. Where supported, you may request account deletion.

Termination or suspension does not affect provisions that by their nature should survive, including content licenses reasonably required for retained materials, payment obligations already incurred, audit and compliance retention, disclaimers, liability limitations, indemnity, and dispute-resolution provisions.

20. Service Availability and Changes

We may modify, suspend, discontinue, or change any part of the Service, including features, integrations, pricing, eligibility rules, free-versus-paid boundaries, or technical requirements, at any time.

Where required by law, we will provide advance notice of material adverse changes. We are not liable for changes to features, functionality, or availability except to the extent liability cannot be excluded under applicable law.

21. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, representations, and conditions, express, implied, or statutory, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and uninterrupted or error-free operation.

We do not guarantee:

uninterrupted or error-free access;
that the Service will always be secure or free from bugs or harmful components;
specific results from rankings, referrals, matchmaking, listings, events, reviews, or recommendations;
the accuracy, legality, quality, or completeness of user-submitted, business-submitted, or third-party-submitted information.

The Service is a platform and community tool. It does not provide legal, tax, financial, medical, employment, licensing, safety, or other professional advice.

However, this section does not exclude, limit, or disclaim any legal warranty, implied condition, statutory guarantee, or other right that cannot lawfully be excluded, limited, or waived under applicable law, including consumer protection laws.

22. Limitation of Liability

To the maximum extent permitted by law, Max the Cap and its affiliates, officers, directors, employees, contractors, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, business opportunity, or anticipated savings, arising out of or relating to the Service or these Terms.

To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of:

the amount you paid us for the Service in the 12 months before the event giving rise to the claim; or
USD $100.

These limitations do not apply to the extent prohibited by law and do not exclude liability for our fraud, willful misconduct, gross negligence, death or personal injury caused by our negligence where such liability cannot lawfully be excluded, or any other liability that cannot lawfully be limited or excluded.

23. Indemnification

If you use the Service on behalf of a business, or for commercial purposes, you will defend, indemnify, and hold harmless Max the Cap and its affiliates, officers, directors, employees, contractors, agents, and licensors from and against claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

your use or misuse of the Service;
your User Content;
your violation of these Terms, the Policies, or applicable law; or
your violation of any third-party right.

If you are a consumer, this section applies only to the extent permitted by applicable law and does not require you to indemnify us for our own negligence, fraud, willful misconduct, or other matters for which indemnification cannot lawfully be imposed on you.

24. Governing Law and Dispute Resolution

A. Informal Resolution First

Before either party starts formal legal proceedings, the party seeking relief must send the other a written notice describing the dispute and the requested relief and allow at least 30 days for the parties to attempt to resolve the matter informally. Notices to us must be sent to [email protected] and to our mailing address listed below.

B. United States Residents (Other Than Where Prohibited by Law)

If you reside in the United States, and subsection C below does not apply, these Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Idaho, without regard to conflict-of-laws rules.

Except for disputes that qualify for small claims court, claims for injunctive relief relating to intellectual property or unauthorized access, and matters that applicable law does not permit to be arbitrated, disputes will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under the applicable Consumer Arbitration Rules or other applicable AAA procedures in effect at the time the claim is filed.

The arbitration may be conducted remotely, by documents only, in Ada County, Idaho, or at another location the AAA permits. Either party may bring an individual action in small claims court if it qualifies.

C. Arbitration Opt-Out for U.S. Users

If you are a U.S. resident, you may opt out of the arbitration agreement in subsection B by sending us a written opt-out notice within 30 days after first accepting these Terms. Your notice must include your full name, the email address associated with your Account, and a clear statement that you want to opt out of arbitration. Send it to [email protected] with the subject line "Arbitration Opt-Out" or by mail to our mailing address below.

If you validly opt out, subsection B's arbitration requirement will not apply to you, but the rest of these Terms will remain in effect.

D. U.S. Class Action and Jury Trial Waiver

If you are a U.S. resident and are subject to subsection B, you and Max the Cap agree to bring claims only on an individual basis and not as a plaintiff or class member in any purported class, collective, coordinated, representative, mass, or private attorney general action, to the fullest extent permitted by law. If a court or arbitrator rules that this waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief must proceed in court and not in arbitration, but the rest of this section will remain enforceable to the fullest extent permitted by law.

To the fullest extent permitted by law, you and Max the Cap also waive any right to a jury trial for disputes that proceed in court.

E. Canada Residents

If you are a consumer residing in Canada, the mandatory arbitration, class-action waiver, and jury-trial waiver provisions above do not apply to you where prohibited by applicable law. Nothing in these Terms prevents you from exercising rights, remedies, or recourses available under applicable Canadian federal, provincial, or territorial consumer protection laws.

For Canadian consumers, any dispute relating to non-waivable consumer rights will be governed by the laws of the province or territory in which you reside and applicable federal Canadian law, and may be heard by the courts or tribunals having jurisdiction under that law.

If you are not a consumer and you use the Service on behalf of a business in Canada, Idaho law and the courts located in Ada County, Idaho apply unless otherwise required by non-waivable law.

F. Quebec Consumers

If you are a consumer residing in Quebec, nothing in these Terms limits rights under the Consumer Protection Act, the Civil Code of Quebec, the Charter of the French language, or other mandatory Quebec law. Any clause in these Terms must be interpreted so as not to require pre-dispute arbitration, prohibit a class action, or deprive you of access to a competent court where such a result is prohibited by law.

25. Miscellaneous Legal Terms

Entire Agreement. These Terms and the incorporated Policies form the entire agreement between you and us regarding the Service.
No Waiver. A failure to enforce any provision is not a waiver.
Severability. If any provision is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
Interpretation. Headings are for convenience only. "Including" means "including without limitation."
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar transaction.
No Agency. These Terms do not create any agency, partnership, joint venture, employment, franchise, or fiduciary relationship.
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Electronic Contracting. You agree that electronic signatures, records, disclosures, and communications satisfy legal requirements for writings and signatures, subject to mandatory local-law exceptions.

26. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice by reasonable means, such as posting updated Terms, changing the "Last Updated" date, sending an email, or providing in-app notice. Where required by law, changes will become effective only after the notice period required by law.

If you continue using the Service after the effective date of updated Terms, you agree to the updated Terms, except to the extent applicable law requires additional consent.

27. Contact Information

MAX THE CAP LLC
3036 E Lanark St Ste A
Meridian, Idaho 83642
United States