Last updated: July 2024
Important Note: In this document, any place referred to as “MaxLinc”, refers to the MaxLinc (also called LoggerFlex or LF Cloud) web-based application and any products manufactured or services offered by MaxLinc Technology Solutions Inc., which connects to the MaxLinc application or any copies of it hosted on any server by MaxLinc or Loggerflex on the Internet. Services and products from MaxLinc might be offered or sold under different brands including bun and might be marketed and sold directly or indirectly by MaxLinc or Loggerflex as the original manufacturer or OEM products manufactured by MaxLinc or Loggerflex for third parties.
Thank you for using our products and services (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a MaxLinc Product, you will be subject to the guidelines, terms, and agreements applicable to that Products or Services (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.
Privacy
Please review our Privacy Policy, which also governs your use of the MaxLinc Services, to understand our practices.
Electronic Communications
When you use any of MaxLinc Services or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text messages, Phone calls, in-app push notices, or by posting notices and messages on the MaxLinc site or through other MaxLinc Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any MaxLinc Services (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of MaxLinc or its content suppliers and is protected by copyright laws. The compilation of all content included in or made available through any MaxLinc Service is the exclusive property of MaxLinc and protected by international copyright laws.
Using our Services
You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms and policies or if we are investigating a suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your MaxLinc Account
You may need a MaxLinc Account in order to use some of our Services. You may create your own MaxLinc Account, or your MaxLinc Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a MaxLinc Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. To protect your MaxLinc Account, keep your password confidential. You are responsible for the activities that happen on or through your MaxLinc Account. Try not to reuse your MaxLinc Account password on third-party applications. If you learn of any unauthorized use of your password or MaxLinc Account, contact us at [email protected].
License and Access
Subject to your compliance with these Terms of Use and your payment of any applicable fees, MaxLinc or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the MaxLinc Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by MaxLinc or its licensors, suppliers, publishers, rights holders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MaxLinc without express written consent. You may not use any meta tags or any other “hidden text” utilizing MaxLinc’s name or trademarks without the express written consent of MaxLinc or its associated entities. You may not misuse the MaxLinc Services. You may use the MaxLinc Services only as permitted by law. The licenses granted by MaxLinc terminate if you do not comply with these Terms of Use or any Service Terms.
Your Account
If you use any MaxLinc Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of maturity in your place of residence, you may use the MaxLinc Services only with the involvement of a parent or guardian. MaxLinc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Your Content in our Services
Some of our Services allow you or your devices to measure, record, upload, submit, store, send or receive data to our servers. This data consists of but is not limited to data you enter into our online applications or your devices manufactured by us, measurements using meters and sensors that our devices operate and handle, geographical information, IP, list of wireless networks including WiFi, Bluetooth, and cellular antennas in the proximity of your devices. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive data to or through our Services, you give MaxLinc (MaxLinc Technology Solutions Inc. and its associated company LoggerFlex Smart Devices Ltd., its other affiliates, partners, and others with whom we work) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and developing new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Our automated systems analyze your data to provide you with necessary warnings and notifications. This analysis occurs as the content is sent, received, and when it is stored. If you have a MaxLinc Account, we may display ads and other commercial contexts in your service.
About Software in our Services
When a Service requires or includes downloadable software or firmware for your devices, this software or firmware may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. MaxLinc gives you a worldwide non-exclusive license to use the software provided to you by MaxLinc as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MaxLinc, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software and firmware, nor may you reverse engineer or attempt to extract the source code of that software or firmware, unless laws prohibit those restrictions, or you have our written permission.
MaxLinc’s General Lease Conditions
Free Equipment Provision: MaxLinc provides the Device free of charge, with no initial fee required. The User is only responsible for a monthly fee as specified in the lease agreement.
Monthly Fee: The User agrees to pay the monthly fee promptly. Failure to pay the monthly fee may result in the unregistration of the Device, cessation of alarm notifications, and deletion of records history.
Cancellation Policy: The contract can be canceled at any time without penalty. Upon cancellation, the User must return the Device in acceptable working condition.
Return of Equipment: At the end of the lease or upon termination of the contract, the User must return the Device in an acceptable working condition. If the Device is not returned or is returned in a damaged condition, the User may be liable for the cost of the Device.
Security Deposit: MaxLinc will notify the Customer in writing if the security deposit is used, in whole or in part, to cover any unpaid amounts or unreturned equipment. After deducting the amount due, any remaining balance of the deposit will be refunded. The security deposit does not earn interest.
Battery Life: The Device is powered by ordinary AA batteries, which have a long battery life of up to five years. The User is responsible for replacing the batteries when necessary.
Maintenance: The User agrees to maintain the Device in good working condition and to use it according to the instructions provided by MaxLinc.
Voluntary Termination: The User may terminate this Agreement at any time by providing written notice to MaxLinc and returning the Device in acceptable working condition.
Involuntary Termination: MaxLinc reserves the right to terminate this Agreement if the User fails to comply with the terms, including non-payment of the monthly fee. In such cases, the User must return the Device immediately.
No Liability for Data Loss: MaxLinc is not liable for any data loss that may occur due to the unregistration of the Device, cessation of alarms, or deletion of records history due to non-payment.
No Liability for Alarm Failure: MaxLinc is not responsible for any loss or damage that may occur if an alarm is not sent for any reason, including but not limited to device malfunction, network issues, or user error. The Device can mitigate risk but cannot eliminate it entirely. The User is responsible for responding to alarms and for the maintenance of their own storage.
General Terms of Use and Privacy Policy: The general terms of use of the MaxLinc online application and the MaxLinc privacy policy are applicable in addition to these terms.
Equipment, Maintenance, and Return Responsibilities
- The rental equipment provided to you for using our services remains the property of MaxLinc. You are not permitted to sell, lease, transfer, or assign the rental equipment, nor should you rearrange, repair, or otherwise interfere with it.
- Rental equipment from MaxLinc is included in your monthly service fee, plus applicable taxes. You agree to keep all rental equipment free from any liens or encumbrances. If you become aware of any lien or encumbrance on the equipment, you must notify MaxLinc immediately and assist in its removal.
- You are responsible for the safekeeping of the rental equipment. If the equipment is damaged, lost, or stolen while in your care, you agree to cover the full recovery, repair, and/or replacement costs. You authorize MaxLinc to charge your account for these costs, including applicable taxes, using any accepted payment methods (e.g., pre-authorized credit card or bank withdrawal).
- Unauthorized attachments to, interference with, or tampering with the rental equipment are prohibited and may be considered theft under the Criminal Code of Canada.
- You must return the rental equipment to MaxLinc in good working order under the following conditions:
i) If your services have expired or are terminated, within thirty (30) days of disconnection.
ii) If MaxLinc has replaced or upgraded your equipment, within thirty (30) days of the replacement or upgrade.
iii) If MaxLinc provided equipment for self-installation that you did not install, within thirty (30) days of the self-install order.
- Failure to return the rental equipment as specified will result in a “Rental Equipment Non-Return Fee” equivalent to the undiscounted retail value of the equipment, plus applicable taxes. MaxLinc may use the security deposit to cover a part of the unreturned equipment cost.
- If your account remains unpaid for 60 days, MaxLinc may refer it to a collections agency. You agree to pay a $20.00 fee per device for administration, processing, or service costs related to collections efforts. Additionally, a $25.00 fee applies if your credit card is denied or if a cheque is returned due to insufficient funds. Full payment of the outstanding amount is required before services can be restored, although MaxLinc is not obligated to restore services to those who repeatedly fail to make timely payments or violate MaxLinc’s Acceptable Use Policy.
- You are responsible for any costs incurred by MaxLinc to collect amounts owed under these terms, including legal fees, collection agency fees, and court costs.
- Return the rental equipment to MaxLinc by mail or courier following the process outlined at www.MaxLinc.com/return. This process may be updated periodically by MaxLinc.
- For more information on returning rental equipment, contact MaxLinc customer service online at www.MaxLinc.com/chat or by phone at 1.888.365.8880.
Services Terms
Text messages (SMS) and automated phone calls are free only for area code +1 (United States and Canada) and are subject to fair usage. MaxLinc reserves the right to refuse service for excessive use of text message and phone call services.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we will be sorry to see you go. MaxLinc may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them but there are certain things that we do not promise about our Services. Other than what was expressly set out in these terms, neither MaxLinc nor its suppliers or distributors make any specific promises about the Services. For example, we do not shoulder any liability about the safety of the products that are being monitored with our services or our products to ensure their storage condition. In good faith, we do our utmost best to maintain and improve our services continuously, but we do not make any commitments about our services’ reliability, availability, or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties and liability for our Services. MaxLinc and our associated companies, suppliers, and distributors will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of MaxLinc, and its associated companies, suppliers, and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again). In all cases, MaxLinc, and its associated companies, suppliers, and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. MaxLinc can not be held responsible for any loss or loss of profit caused by missing or delayed data or alarms.
Right to be Forgotten
You can always delete a device under your account. By doing this all the history records of that device will be erased from our database permanently. Please be advised that this procedure is irreversible. Obviously, you can always claim back your device by entering its Serial number and DUID, but the history of the records will not be recoverable. To keep sure all the records in the internal memory of your devices are wiped out you need to sync the device with the server via Wi-Fi or cellular after un-claiming it under your account. Although all the transactions between your device and server are encrypted using SSL protocol, we recommend assigning a hot-spot password to your WiFi device using the “edit” feature on the web application. Also, we strongly recommend using the “https” version of our web-based application to protect your data from being intercepted or stolen. If you need to delete your account itself, please un-claim all the devices under your account and then go to “My Profile” page in the web application, scroll down and select “Delete My Account” or send an email with the subject “Delete” to [email protected].
Business Uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will indemnify MaxLinc Technology Solutions Inc. and its associated companies, LoggerFlex Smart Devices Ltd., and its affiliates, officers, agents, and employees from any claim, lawsuit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.