Terms of Service

You must be at least 13 years old to use the Service. If you are under 18, you confirm that a parent or guardian has reviewed these Terms and agrees to them on your behalf. By using the Service you represent that you meet these requirements and that you are not barred from using it under applicable law.

You need an account to use most of the Service. You can sign up with an email address and password, or with your Google or Apple account. You are responsible for keeping your login details secure and for everything that happens under your account. Tell us right away if you think your account has been accessed without permission.

Please keep your profile information accurate. You may only create one account for yourself and may not create accounts for others without their permission.

Max & Me lets you record activities such as walks, runs, bike rides, golf rounds and gym sessions, keep a journal of them with photos and notes, and share selected entries with people who follow you. It also lets you message other users, save places and plan routes on a map.

We are always improving the Service and may add, change or remove features at any time. We will try to give you notice of significant changes, but we are not obliged to maintain any particular feature.

Max & Me is an activity journal, not a medical device, and nothing in the Service is medical, fitness or safety advice. Consult a professional before starting a new exercise program and stop if you feel unwell.

Distance, pace, elevation and route data come from your device’s GPS and sensors and may be inaccurate. Planned routes and directions are provided by third parties and may not reflect current conditions. You are responsible for your own safety and for obeying traffic laws, trail rules and local regulations when you are out.

You own the photos, notes, routes, comments, messages and other content you add to the Service ("Your Content"). You grant Max & Me a worldwide, non-exclusive, royalty-free license to host, store, reproduce, resize, display and distribute Your Content solely as needed to operate, provide and improve the Service and to show it to the people you choose to share it with. This license ends when you delete the content or your account, except for copies in routine backups and content that other users have already received (for example, messages you sent).

Activities are private by default. When you mark an entry, place or route as public, you are choosing to make it visible to other signed-in users who visit your profile or follow you.

You are responsible for Your Content. You confirm that you have the rights to share it and that it does not violate these Terms or anyone else’s rights.

You agree not to:

• Harass, threaten, impersonate or deceive other users, or post content that is hateful, sexually explicit, violent or otherwise objectionable.
• Share another person’s private information, including their location or routes, without their consent.
• Use the Service to break the law or to encourage others to do so.
• Upload malware, scrape or harvest data, probe or attack our systems, or interfere with the Service or other users’ enjoyment of it.
• Access the Service through automated means or bypass any security or access controls.
• Use the Service for commercial advertising or spam.

We may remove content and suspend or terminate accounts that violate these Terms, at our discretion and without notice. You can report content or users by emailing support@maxandme.net.

The Service, including its design, software, logos, badges and text (but excluding Your Content and third-party content), is owned by Max & Me and protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable license to use the app and website for their intended purpose. You may not copy, modify, reverse engineer or redistribute the Service except as permitted by law.

Maps and map data are provided by Mapbox and its data providers and are subject to their terms.

The Service relies on third parties such as Apple, Google, Mapbox and Expo. Their terms and privacy policies apply to your use of their services. We are not responsible for third-party services.

If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and Max & Me, not Apple; that Apple has no obligation to provide support or maintenance; and that Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. Your use of the app must also comply with the App Store Terms of Service.

Our Privacy Policy explains what information we collect and how we use it, and our Cookies Policy explains how we use cookies and similar storage. By using the Service you agree to both.

You can stop using the Service at any time and delete your account by following the steps on our account deletion page. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Sections of these Terms that by their nature should survive termination (such as Your Content license for already-shared content, disclaimers, limitations of liability and governing law) will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ACTIVITY DATA WILL BE ACCURATE OR PRESERVED. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, MAX & ME AND ITS OWNERS, EMPLOYEES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY INJURY SUSTAINED WHILE EXERCISING OR FOLLOWING A ROUTE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM.

You agree to defend and indemnify Max & Me from any claims, damages and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or of anyone else’s rights.

These Terms are governed by the laws of the State of New York, USA, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. Before filing a claim, you agree to contact us at support@maxandme.net and give us 30 days to try to resolve it informally.

We may update these Terms from time to time. When we make material changes we will update the date at the top of this page and, where appropriate, notify you in the app. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

These Terms, together with the Privacy Policy and Cookies Policy, are the entire agreement between you and Max & Me about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

Questions about these Terms? Email support@maxandme.net.