NearMax Terms of Service

Effective October 17, 2026.

1. Agreement and eligibility

These Terms of Service ("Terms") are an agreement between Saiatech LLC, an Arizona limited liability company ("NearMax", "we", "us"), and the business or person using a NearMax service ("Customer", "you"). You accept these Terms by clicking to accept, placing an order, or using a service. If you accept for a business, you confirm that you may bind it. You must be at least 18 and able to enter a contract. NearMax services are offered for business use, not personal, family or household use.

An order, product schedule or addendum may add terms for a service. The Office Schedule at nearmax.com/office/terms and Data Processing Addendum at nearmax.com/office/dpa apply to NearMax Office. If documents conflict, an addendum controls for its subject, then the applicable schedule, then these Terms.

2. Accounts and security

You must give accurate account and business information and keep it current. You are responsible for activity under your account, protecting credentials, and promptly telling hello@nearmax.com about suspected unauthorized access. You may not share an account in a way that defeats access controls or impersonate another person or business.

3. Fees, billing and taxes

Prices, billing periods and included usage are shown in your order or dashboard. Subscriptions renew for successive billing periods until canceled. You authorize NearMax and its payment provider to charge the payment method on file for recurring fees, usage, credits and applicable taxes. Except where law requires otherwise, fees already paid are nonrefundable and partial periods are not refunded.

If payment fails or your available prepaid usage is exhausted, we may limit, pause or suspend the affected service after any notice stated in its schedule. You are responsible for taxes other than taxes on NearMax's net income. You may cancel through the available account controls or by contacting us. Cancellation takes effect at the end of the paid period unless the applicable order says otherwise.

4. Customer content and data

You keep ownership of content and data you provide or direct us to process ("Customer Content"). You grant NearMax a worldwide, nonexclusive license to host, copy, transmit, display, modify and otherwise process Customer Content only as needed to provide, secure, support and improve the services, comply with law, and enforce these Terms. You confirm that you have the rights and permissions needed for Customer Content and our processing of it.

NearMax owns the services, software, designs, documentation and related intellectual property. If you give feedback, NearMax may use it without restriction or payment. No rights are granted except those stated in these Terms.

5. Acceptable use

You may not use a service to break the law, infringe rights, deceive or harm people, send unlawful or unsolicited communications, collect data without required notice or consent, distribute malware, probe or bypass security, interfere with the service, reverse engineer it except where law permits, resell it without permission, or help anyone do these things. You may not use output or access to build or train a competing model or service. We may investigate suspected misuse and preserve or disclose information when reasonably required by law or to protect people, NearMax, customers or the service.

6. Third-party services and AI

Services may rely on third-party hosting, communications, payment, calendar, AI and other providers. Their availability can affect the service. Customer-selected services are governed by the Customer's agreement with that provider. NearMax is not responsible for a Customer-selected provider or for changes it makes.

AI output may be inaccurate, incomplete or inappropriate and is not professional advice. You must review output before relying on it where errors could affect a person, property, safety, money or legal rights. Product schedules may state additional safeguards and responsibilities.

7. Confidentiality and privacy

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use it only to perform the agreement, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound to protect it. This does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received without a duty of confidence. A party may disclose information when legally required after giving notice where permitted.

Our Privacy Policy at nearmax.com/privacy explains how NearMax handles personal information for its own purposes. The Data Processing Addendum governs personal data NearMax processes for an Office Customer.

8. Service changes, warranties and disclaimers

We may improve or change services. An applicable schedule states any notice required before removing a paid feature. We will provide services with reasonable care and skill. Except for that promise and to the maximum extent allowed by law, services and output are provided "as is" and "as available." NearMax disclaims implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. We do not promise uninterrupted or error-free operation, any business result, or that output will be accurate.

9. Liability and indemnity

To the maximum extent allowed by law, neither party is liable for indirect, incidental, special, exemplary, punitive or consequential damages, or lost profits, revenue, business, goodwill or data, even if told they were possible. NearMax's total liability arising from a service will not exceed the fees Customer paid NearMax for that service in the 12 months before the event giving rise to the claim. These limits do not apply where they are prohibited by law and do not limit Customer's payment obligations or either party's liability for fraud, willful misconduct, infringement of the other party's intellectual property, or breach of confidentiality.

You will defend and indemnify NearMax and its personnel against third-party claims, damages and reasonable costs arising from Customer Content, your services to your customers, or your unlawful or unauthorized use of a NearMax service. NearMax will promptly notify you and allow you to control the defense, but you may not settle a claim in a way that admits fault by or imposes an obligation on NearMax without our consent.

10. Suspension and termination

We may suspend access when reasonably necessary to address a security risk, unlawful use, material breach, nonpayment, provider requirement or threat to the service or another person. Where practical, we will give notice and a chance to fix the issue. Either party may terminate for an uncured material breach after 30 days' written notice, or immediately if the other party becomes insolvent or the breach cannot be cured.

On termination, your right to use the affected service ends. Accrued payment obligations and provisions that by nature should survive will survive, including ownership, confidentiality, disclaimers, liability, indemnity and dispute terms. Product schedules govern service-specific export and deletion.

11. Changes to terms

We may update these Terms and will post the new version with a new effective date. For a material change to accepted terms, we will give at least 30 days' notice through the service or by email unless a shorter period is required for law, security or a provider requirement. If you do not agree, you must stop using and cancel the affected service before the change takes effect. The Privacy Policy is notice-only and may be updated by posting it with a new date.

12. Governing law and disputes

Arizona law governs these Terms without regard to conflict-of-law rules. Before a formal proceeding, a party must give written notice and both parties will try in good faith to resolve the dispute for 30 days. An unresolved dispute will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association before one arbitrator in Phoenix, Arizona. Judgment may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court or seek an injunction in court to protect intellectual property or confidential information. Claims may be brought only individually, not as a class or representative action, to the extent law permits.

13. General terms

Neither party is liable for delay caused by events beyond its reasonable control. You may not assign the agreement without our consent, except with a merger or sale of substantially all assets; NearMax may assign it to an affiliate or successor. The parties are independent contractors. These Terms, schedules, addenda and orders are the entire agreement about the services and replace earlier agreements on that subject. A waiver must be written. If a provision is unenforceable, the rest remains effective. Notices to you may be sent to your account email. Legal notices to NearMax must be sent to hello@nearmax.com.

Sites Schedule

NearMax Sites provides website design, hosting, SSL and change-request services described in your order. You are responsible for reviewing and approving site text, claims, contact information, images and legal notices before publication, and for having rights to all material you supply. You grant NearMax permission to publish that material on your site.

Domains may be owned or controlled by you or connected through a provider. You are responsible for domain registration fees, renewals and registrar requirements unless an order expressly says otherwise. Search ranking, traffic, leads, accessibility compliance and uninterrupted availability are not guaranteed. Change requests are subject to technical feasibility and the scope of your plan. When a Sites subscription ends, hosting may stop at the end of the paid period. On request made before termination, we will provide a reasonable export of Customer Content in the form we maintain, but NearMax tools, templates and proprietary components are not transferred.

14. Contact

Questions about these Terms may be sent to Saiatech LLC at hello@nearmax.com.