MinMax Pro Terms of Service

1.Acceptance of these terms

By creating an MinMax Pro account or using the service you accept these terms. If you are accepting on behalf of a company, you confirm you are authorized to bind it, and “you” means that company. The MinMax Pro Privacy Policy is part of this agreement. These terms apply instead of any purchase order or vendor form you send us, whether or not we sign it.

2.Your account, your seats, your team

You are responsible for everything done under your account: keeping credentials confidential, assigning and removing seats as people join and leave, and the conduct of everyone you give access to. You must give accurate account information and keep it current. Tell us promptly if you believe an account has been compromised.

3.Trial, subscription and billing

New accounts begin with a 30-day free trial. At the end of the trial the subscription starts at the price shown on the signup page at the time you signed up, billed in advance for each period through Stripe until you cancel. You authorize us to charge the card on file for fees as they come due, including on each renewal. You are responsible for any sales, use or similar taxes, other than taxes on our income.

You can cancel at any time. Cancellation takes effect at the end of the period you have already paid for, and fees are non-refundable except where the law requires it or where we agree otherwise in writing. If we change the subscription price we will give you at least 30 days’ notice before it applies to your account, and you may cancel before it takes effect.

Custom work is not part of the subscription — see section 7.

4.Your data is yours

You own the data you put into MinMax Pro. You grant us a limited, non-exclusive license to host, store, process, transmit and display it solely to provide and support the service, and for no other purpose. We do not sell it, we do not share it for advertising, and we do not use it to train artificial-intelligence or machine-learning models.

You can export your data at any time while the account is open, and for 30 days after it closes. Retention and deletion after that are described in section 7 of the Privacy Policy.

5.What you are responsible for

• That you have the right to enter the information you enter, including personal information about your own customers, staff and contractors, and that you have given whatever notice and obtained whatever consent the law requires.
• The accuracy of what you and your team put in — credentials, licenses, duty hours, rates, addresses, and everything else the software then acts on.
• Using MinMax Pro in compliance with the laws that apply to your business, including employment, wage-and-hour, transportation and consumer-protection rules.

6.Acceptable use

Do not use MinMax Pro to break the law, to store or transmit material you have no right to, or to harass anyone. Do not upload malware, probe or breach the service or another account, reverse-engineer or copy the software, resell or sublicense access, scrape it by automated means, or work around usage limits, seat counts or security controls. We may suspend an account that does any of these.

7.Custom builds and configuration

If MinMax Pro does not do something your business needs, we will scope it and quote it in writing before any work starts, and that quote together with the statement of work it references governs the build. Custom work is billed separately from the subscription, with 50% due up front. Nothing on our website is an offer to perform custom work at a particular price.

We keep ownership of the MinMax Pro platform, its underlying code, and everything we bring to a build that existed beforehand or is generally applicable — including improvements we make to the platform along the way, which we may make available to every account. You keep ownership of your data and of any deliverable a statement of work specifically identifies as yours.

8.Scheduling safeguards are not compliance systems

MinMax Pro can record credentials, endorsements and duty hours, and can flag a person who is not clear before they are assigned. That is a scheduling safeguard, and it checks the records you entered. It is not a system of record for FMCSA or USCG compliance, it is not an electronic logging device, and it does not read any regulator’s database. You remain responsible for your own regulatory compliance, for the accuracy of what you enter, and for maintaining whatever systems of record your regulator actually requires.

9.Automation and AI-assisted features

Some features rank, suggest, forecast or alert: the order people are offered work in, overrun warnings, capacity and margin figures, and any AI-assisted drafting. All of it is decision support, and a person makes the call. You set the rules, you can override any result, and you can switch these features off.

Output may be incomplete or wrong and should be reviewed before you rely on it for anything that matters. We do not warrant that any automated or AI-assisted output is accurate, complete or fit for a particular purpose, and we are not liable for decisions made on the basis of one.

10.Availability, support and changes to the service

We work to keep MinMax Pro available and will give advance notice of planned maintenance where practical. We do not currently offer a written uptime commitment or service credits. The service depends on the third-party infrastructure in section 11 and on the public internet, and outages in those systems are outside our control. Support is by email during Michigan business hours.

We may add, change or remove features. We will not materially reduce the core functionality of a plan you are paying for without at least 30 days’ notice, after which you may cancel under section 3 if the change does not work for you.

11.Third-party services

MinMax Pro relies on the providers listed in section 5 of the Privacy Policy, and may connect to services you choose to add. Those providers’ own terms apply to their part of the arrangement, and we are not responsible for their acts or omissions beyond our own obligations to you.

12.Intellectual property

The MinMax Pro platform, its software, design, documentation, and the training courses, lessons, templates and document layouts supplied inside the product are our property or our licensors’, and are licensed to you for use in the product for as long as your subscription is active. You may use the documents and reports the product generates for your own business, including with your own customers. You may not redistribute or resell the underlying content as a product of your own.

13.Warranties

MinMax Pro is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the service will be uninterrupted, error-free or secure.

14.Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, even if advised that such damages were possible.

Our total liability arising out of or relating to MinMax Pro is limited to the greater of the total fees you paid us in the twelve months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars. Nothing here limits liability that cannot be limited by law.

15.Indemnification

You will defend and indemnify us against third-party claims arising from the content you put into MinMax Pro, your use of the service in breach of these terms, or your violation of law or of another person’s rights. We will notify you promptly of any such claim and let you control the defense, and we will not settle without your consent.

16.Suspension and termination

You may close your account at any time. We may suspend or close an account for non-payment, for a breach of section 6, or where we are legally required to — with notice wherever it is practical to give it, and immediately where it is not. On termination your right to use the service stops, the export window in section 4 begins, and sections 4, 7, 12, 13, 14, 15 and 18 survive.

17.Force majeure

Neither party is liable for a delay or failure to perform caused by something outside its reasonable control, including infrastructure and network outages at the providers this service depends on, acts of government, natural events, or labor disruption. This does not excuse an obligation to pay fees already incurred.

18.Changes to these terms

We may update these terms. For material changes we will give account holders at least 30 days’ notice by email or in-product notice, and the effective date at the top of this page will change. Continuing to use MinMax Pro after a change takes effect means you accept it; if you do not, cancel before it applies.

19.Governing law and disputes

These terms are governed by the laws of the State of Michigan, without regard to conflict-of-law rules. Before filing anything, the parties will try in good faith to resolve the dispute by negotiation for at least 30 days — email us first, because nearly everything is faster to fix that way. If negotiation fails, the dispute shall be brought exclusively in the state or federal courts located in Kent County, Michigan, and each party consents to the personal jurisdiction of those courts and waives any objection to that venue. Each party waives any right to a jury trial to the extent permitted by law. Either party may instead bring a qualifying claim in small claims court.

20.General

These terms, the Privacy Policy, and any statement of work you sign are the entire agreement between us on this subject. If a provision is held unenforceable, the rest stays in force. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our written consent; we may assign it to a successor in a merger or sale of the business. Notices to you go to the email address on your account; notices to us go to the address below. Nothing here creates a partnership, joint venture or employment relationship.

21.Contact

MinMax Strategies LLC
Grand Rapids, Michigan
info@minmaxstrategiesllc.com

See also the MinMax Pro Privacy Policy and MinMax Strategies’ company-wide Terms of Service.