MaxVen Terms of Service

Welcome to the MaxVen AI Global Marketing Platform (hereinafter referred to as the "Platform" or the "Service"). These Terms of Service (hereinafter referred to as these "Terms") constitute a legally binding agreement between you (hereinafter referred to as the "Customer" or "you") and AUTOWORLD LIMITED, a company incorporated in Hong Kong (hereinafter referred to as "AUTOWORLD" or "we," "us," or "our"), governing your use of the Platform.

Article 1 Service Overview

1.1 Scope of Services

MaxVen is an AI-powered SaaS platform designed for cross-border brand marketing scenarios. The functional modules provided include, but are not limited to:

• Advertising Operations: Multi-platform advertising account management, campaign data analytics, and intelligent optimization recommendations
• Social Media Operations: Social media content management, publishing scheduling, and engagement data analytics
• Influencer Marketing: Influencer discovery and screening, collaboration management, and performance tracking and analytics
• Industry Insights: Market trend analysis, competitive intelligence monitoring, and consumer insights
• AIGC: AI-assisted marketing content generation, multilingual localization, and creative asset development

1.2 Service Delivery

The Platform provides services to enterprise customers through annual service contracts (hereinafter referred to as the "Service Contract"). Upon execution of a Service Contract with MaxVen, the Customer shall be provisioned with a Platform account, and the Customer shall use the Platform within the scope and term specified in the Service Contract.

1.3 Service Provider

The service provider of the Platform is AUTOWORLD LIMITED (a company incorporated in Hong Kong). These Terms apply to the service relationship between the Customer and AUTOWORLD. The specific service provider shall be determined by the contracting entity identified in the Service Contract executed by the Customer.

Article 2 Account Management

2.1 Account Activation

Customer accounts shall be provisioned and configured by MaxVen in accordance with the Service Contract. The Customer shall provide accurate and complete registration information, including the enterprise name, authorized contacts, and email addresses, and shall promptly update such information in the event of any changes.

2.2 Account Usage

• The Customer shall safeguard its account credentials in a secure manner and shall bear full responsibility for all actions and operations conducted through its account
• The Customer shall not transfer, lend, or share its account with any unauthorized third party
• The Customer shall use the Platform within the scope and parameters specified in the Service Contract and shall not exceed the authorized scope
• The Platform account is exclusively for use by authorized users as stipulated in the Service Contract and shall not be used for unauthorized purposes

2.3 Account Security

The Customer is responsible for maintaining the security of its account. Upon discovery of any unauthorized use of the account or any security vulnerability, the Customer shall immediately notify us at support@maxvenai.com. The Customer shall bear sole responsibility for any losses resulting from the Customer's failure to properly manage its account credentials.

2.4 Sub-Account Management

The administrator of the primary account may create and manage sub-accounts in accordance with the Service Contract and assign different functional permissions to team members. The primary account shall bear joint and several liability for all actions conducted through its sub-accounts.

Article 3 Fees and Payment

3.1 Fee Schedule

Service fees shall be determined in accordance with the pricing and scope of services as set forth in the Service Contract executed by the Customer. The specific fees shall be subject to the Service Contract and the corresponding purchase order.

3.2 Payment Terms

The Customer shall pay the service fees in accordance with the payment method and schedule specified in the Service Contract. In the event of late payment, MaxVen reserves the right to charge late fees as stipulated in the Service Contract and to suspend the Service until all outstanding amounts are settled in full.

3.3 Refund Policy

Unless otherwise provided in the Service Contract, service fees already paid shall be non-refundable. In the event that the Service cannot be provided normally due to reasons attributable to MaxVen, refunds shall be processed in accordance with the refund provisions set forth in the Service Contract.

3.4 Price Adjustments

MaxVen reserves the right to adjust service pricing upon renewal of the Service Contract. Price adjustments shall be communicated to the Customer thirty (30) days prior to renewal. Upon receipt of a price adjustment notice, if the Customer does not agree to the revised pricing, the Customer may elect not to renew the Service Contract prior to its expiration.

Article 4 Intellectual Property Rights

4.1 Platform Intellectual Property

All intellectual property rights in the MaxVen Platform (including, but not limited to, software, algorithms, interface design, trademarks, logos, and documentation) shall be owned by AUTOWORLD LIMITED and/or its affiliates. These Terms do not grant the Customer any rights in the intellectual property of the Platform, except for a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely to the extent necessary for accessing the Service.

4.2 Customer Data

Intellectual property rights in data uploaded by the Customer to the Platform (including, but not limited to, marketing materials, campaign data, and customer information) shall remain vested in the Customer. The Customer hereby grants MaxVen a license to use, process, and store such data for the purpose of providing the Service.

4.3 AI-Generated Content

Content generated through the AIGC features of the Platform (including, but not limited to, copy, images, and video scripts) shall, to the extent permitted by applicable law, be owned by the Customer in terms of related rights. However, the Customer acknowledges and agrees that:

• AI-generated content may lack originality, and MaxVen makes no representation or warranty regarding the copyrightability of such content
• The Customer shall independently review the compliance and suitability of AI-generated content prior to use
• MaxVen shall not be liable for the accuracy, legality, or infringement risk of AI-generated content

4.4 Feedback

If the Customer provides MaxVen with any suggestions, comments, or feedback regarding the Platform, MaxVen shall be entitled to freely use such feedback for any purpose whatsoever without any obligation to compensate the Customer.

Article 5 Customer Obligations and Acceptable Use

5.1 Compliance with Laws

The Customer undertakes to comply with all applicable laws and regulations in its use of the Platform, including but not limited to:

• Advertising laws, data protection laws, and consumer protection laws of the target market countries/regions
• The EU General Data Protection Regulation (GDPR) and other applicable data protection regulations
• The terms of service and policies of each social media platform and advertising platform
• Anti-spam, anti-fraud, and anti-money laundering laws and regulations

5.2 Prohibited Conduct

The Customer shall not:

• Use the Platform to engage in any unlawful, fraudulent, or infringing activities or any activities that harm the rights and interests of third parties
• Upload or disseminate any content containing malware, viruses, or other harmful code
• Gain unauthorized access to, tamper with, or interfere with the systems, servers, or networks of the Platform
• Conduct data scraping or reverse engineering of the Platform through automated means (such as crawlers or bots)
• Use the Platform to send unauthorized spam or commercial communications
• Attempt to crack, decompile, or disassemble the software or algorithms of the Platform
• Use the Platform services for any purpose beyond the scope of services stipulated in the Service Contract
• Use the Platform to collect or process personal information in violation of the data protection laws of the target market

5.3 Customer Data Compliance

When uploading and processing personal data, the Customer shall ensure that:

• Lawful authorization has been obtained from the data subjects
• Applicable data protection laws and regulations are complied with
• Data subjects have been adequately informed of data processing practices through the Customer's privacy policy
• The Customer shall bear sole responsibility for any legal liability arising from the Customer's data compliance failures

Article 6 Service Interruption and Suspension

6.1 Scheduled Maintenance

MaxVen may temporarily interrupt the Service for the purposes of system maintenance, upgrades, or similar activities. We shall endeavor to notify the Customer at least forty-eight (48) hours in advance and shall use reasonable efforts to schedule maintenance during off-peak hours.

6.2 Suspension of Service

MaxVen reserves the right to suspend the Customer's access to the Platform in whole or in part under the following circumstances:

• The Customer has failed to pay the service fees as agreed
• The Customer has violated the acceptable use provisions set forth in Article 5 of these Terms
• The Customer's conduct poses a threat to the security or stability of the Platform or to the use of the Platform by other customers
• Required by applicable laws, regulations, or regulatory authorities

Prior to suspending the Service, MaxVen shall, where reasonably practicable, provide advance notice to the Customer (except in the case of emergency security incidents).

6.3 Termination of Service

• Termination by Customer: The Customer may elect not to renew the Service Contract upon its expiration, whereupon the account shall be deactivated
• Termination by MaxVen: In the event of a material breach of these Terms by the Customer, MaxVen shall have the right to terminate the Service Contract upon thirty (30) days' prior written notice; in the case of an emergency security incident, MaxVen may terminate immediately
• Consequences of Termination: Upon termination of the Service, MaxVen shall retain the Customer's data for a period of thirty (30) days to allow for data export, after which the data shall be disposed of in accordance with the Privacy Policy

Article 7 Disclaimers

7.1 "As Is" Basis

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, MaxVen makes no representations or warranties, whether express or implied, that:

• The Service will be uninterrupted, error-free, or completely secure
• The Service will meet the Customer's specific requirements or achieve specific results
• Information or results obtained through the Platform will be accurate, complete, or reliable
• AI-generated content will be commercially suitable or legally compliant

7.2 Third-Party Services

The Platform integrates with interfaces of various third-party advertising platforms and social media platforms. MaxVen shall not be liable for the availability, accuracy, or compliance of any third-party services. Any limitation of Platform functionality resulting from changes to third-party platform policies, interface modifications, or service interruptions shall not constitute a breach of contract by MaxVen.

7.3 Force Majeure

MaxVen shall not be liable for any interruption or unavailability of the Service caused by force majeure events, including but not limited to natural disasters, war, acts of terrorism, government actions, cyberattacks, power outages, or communication failures, provided that MaxVen shall take remedial measures to the extent reasonably practicable.

Article 8 Limitation of Liability

8.1 General Limitation of Liability

To the maximum extent permitted by applicable law, MaxVen and its affiliates, directors, employees, and agents shall not be liable for any loss or damage arising from the use of or inability to use the Platform, including but not limited to:

• Direct losses
• Indirect, incidental, punitive, or consequential damages
• Loss of business revenue, loss of profits, or loss of goodwill
• Loss or corruption of data
• Loss arising from business interruption

8.2 Liability Cap

In the event that the Customer suffers direct economic losses due to the fault of MaxVen, the aggregate liability of MaxVen shall not exceed the total service fees actually paid by the Customer during the twelve (12) months immediately preceding the occurrence of such loss.

8.3 Exceptions

The foregoing limitations of liability shall not apply to:

• Personal injury or death caused by willful misconduct or gross negligence
• Fraud or fraudulent misrepresentation
• Liabilities that cannot be excluded or limited under applicable law

Article 9 Indemnification

The Customer agrees to indemnify, defend, and hold harmless MaxVen and its affiliates, directors, employees, and agents from and against any and all losses arising from:

• Any breach of these Terms by the Customer
• Any dispute, claim, or litigation arising from the Customer's use of the Platform
• Any infringement of third-party rights by data or content uploaded by the Customer
• Any fines, penalties, or claims resulting from the Customer's violation of applicable laws and regulations

The scope of indemnification shall include reasonable losses, damages, costs, and expenses (including but not limited to attorneys' fees and amounts paid to third parties in settlement or as damages).

Article 10 Confidentiality

10.1 Confidential Information

Each party shall treat as confidential all trade secrets, technical secrets, customer data, and other information that is designated as confidential or that by its nature should be regarded as confidential ("Confidential Information") obtained by either party in the performance of the Service Contract. The receiving party shall protect such Confidential Information with no less care than it uses to protect its own confidential information of a similar nature and shall not disclose such Confidential Information to any third party without the prior written consent of the disclosing party.

10.2 Exceptions

The confidentiality obligations shall not apply to information that:

• Was already lawfully in the possession of the receiving party at the time of disclosure
• Becomes publicly available through no fault of the receiving party
• Is lawfully obtained by the receiving party from a third party authorized to disclose such information
• Is required to be disclosed by applicable laws, regulations, or regulatory authorities (provided that the receiving party shall, where reasonably practicable, give prior notice to the disclosing party)

10.3 Duration of Confidentiality

The confidentiality obligations shall survive the termination of the Service Contract for a period of twenty-four (24) months.

Article 11 Data Processing

11.1 Data Processing Roles

In providing the Platform services, MaxVen generally acts as the Customer's data processor (as defined under the GDPR), processing personal data in accordance with the Customer's instructions. The Customer, as the data controller (as defined under the GDPR), bears primary responsibility for the purposes and means of data collection.

When collecting publicly available data from social media platforms for industry insights and analytics services, MaxVen may act as an independent data controller in processing such data.

11.2 Data Processing Agreement

Where required by applicable law, the parties shall enter into a separate Data Processing Agreement (DPA), which shall set forth the scope, purposes, security measures, and respective responsibilities of each party with respect to data processing.

11.3 Privacy Policy

For detailed information regarding the collection and processing of personal data, please refer to the MaxVen Privacy Policy.

Article 12 Amendments to Terms

MaxVen reserves the right to amend these Terms at any time. The amended Terms shall be published on the Platform with an updated "Last Updated" date. For material changes that may affect the Customer's rights or obligations, we shall provide at least thirty (30) days' advance notice through in-Platform notifications or email. The Customer's continued use of the Platform following the effective date of the amended Terms shall constitute acceptance of the amended Terms. If the Customer does not agree to the amended Terms, the Customer shall cease using the Platform and notify us accordingly.

Article 13 Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any Service Contract entered into between the Customer and AUTOWORLD LIMITED shall be governed by the laws of Hong Kong.

13.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be resolved through amicable negotiation between the parties. In the event that the dispute cannot be resolved through negotiation, disputes between the Customer and AUTOWORLD LIMITED shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with its arbitration rules, with the seat of arbitration in Hong Kong.

Article 14 General Provisions

14.1 Entire Agreement

These Terms, together with the Service Contract executed by the Customer, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior oral or written agreements and representations.

14.2 Severability

If any provision of these Terms is found by a court or arbitral tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the maximum extent permitted by applicable law in a manner that most closely approximates the original intent of the parties, and the remaining provisions shall continue in full force and effect.

14.3 Assignment

The Customer shall not assign any rights or obligations under these Terms to any third party without the prior written consent of MaxVen. MaxVen may assign its rights and obligations under these Terms to an affiliate or successor in interest upon notice to the Customer.

14.4 Waiver

The failure or delay by MaxVen to exercise any right under these Terms shall not constitute a waiver of such right.

14.5 Notices

Formal notices between the parties shall be sent to the addresses or email addresses specified in the Service Contract. System notifications issued through the Platform shall also constitute a valid means of giving notice.

Article 15 Contact Us

If you have any questions regarding these Terms of Service, please contact us through the following means:

Service Providers:

• AUTOWORLD LIMITED (incorporated in Hong Kong; primary service provider)

Contact Information:

• Email: support@maxvenai.com