Terms of Service
Terms and Conditions - Last updated: November 12th, 2022
Middleton Technologies LLC ("Middleton Technologies") is a Florida registered company and provides various online services designed to help gig workers better manage their work, earn more, track their earnings and find new gigs.
Acceptance of this agreement
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using products, websites or mobile applications (the "Service") developers and/or operated by Middleton Technologies ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you access the website located at https://middletontech.com, https://maxymoapp.com, https://acceptordecline.com, install or use Middleton Technologies mobile applications, install or use any other software supplied by Middleton Technologies, or access any information, function, or service available or enabled by Middleton Technologies (each, a “Service” and collectively, the “Services”), or complete any account registration process from Middleton Technologies, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Middleton Technologies (the “Minimum Age”); and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
(d) you are a legal owner of, and that you are authorized to provide us and our third-party service providers with, all account information and login credentials necessary to facilitate our retrieval of your account information and your use of the service. The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use any services developed or maintained by Middleton Technologies.
Changes to Terms of Service
Middleton Technologies reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Changes To Services
Middleton Technologies reserves the right to change, modify, add or remove any primary or secondary service or function. In the event a modification has occurred, no refunds will be given, but the user has the option to cancel any further payments and/or subscriptions.
Important Notice Regarding Arbitration
When you agree to these terms, by creating an account or by using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Middleton Technologies through binding individual arbitration rather than in court. Please carefully review the section entitled "Dispute Resolution" for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so.
Agency
By using the Service, you expressly authorize and direct Middleton Technologies and third-party service providers (including Beans.ai, Argyle, Inc.), on your behalf, to electronically retrieve your account information maintained by third-party data sources with whom you have a contractual relationship ("Your Account Information"). You agree that when Middleton Technologies retrieves Your Account Information, Middleton Technologies is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. For purposes of this Agreement and solely to obtain and provide Your Account Information to you as part of the Service, you grant Middleton Technologies a limited power of attorney, and appoint Middleton Technologies as your attorney-in-fact and agent, to access third-party sites, servers, or documents, retrieve Your Account Information, and use Your Account Information.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Account valid for use on one single device at a time, in the event you log into another device the last device you were logged into will be disconnected.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Accessibility Services
Our mobile applications may use Accessibility Services to automatically accept/decline/switch to the other mobile applications. To allow us to provide this service to you and improve our application, our mobile application may receive, process and calculate information directly from your installed applications.
In addition, our mobile application may automatically click/touch/control the applications installed on your device on your behalf to provide the following automation request : Switch between applications, accept/decline request, track & store GPS & geo-location, store request data to better display information to users.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Middleton Technologies its subsidiaries, affiliates, and its licensor's do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Use of multi-apping, app-switching or auto declining function may cause lower acceptance ratings and/or loss to certain features from the rideshare/delivery apps. Users should use caution if they need to keep additional features from other apps.
Dispute Resolution
1. Mandatory Arbitration of Disputes: You and Middleton Technologies each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, including any dispute relating to these arbitration provisions themselves (collectively, “Disputes”) will be resolved solely by binding individual arbitration and not in a class, representative or consolidated action or proceeding. You and Middleton Technologies agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Middleton Technologies are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
2. Exceptions and Opt-Out: As limited exceptions to subsection (1) above: (i) either of us may seek to resolve a Dispute in small claims court in your county of residence or in the Superior Court of Florida, County of Brevard, if all the requirements of the small claims court are satisfied; and (ii) we each retain the right to seek injunctive or other equitable relief from a state or federal court located in District of Florida specifically to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@middletontech.com within thirty (30) days following the date you first agree to these Terms.
3. Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the Brevard County, FL, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these arbitration terms.
4. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Class Action Waiver:{' '} YOU AND MIDDLETON TECHNOLOGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. {' '} Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
6. Effect of Changes on Arbitration: Notwithstanding the provisions of Section entitled "Changes to Terms and Services" above, if Middleton Technologies changes any of the terms of this Section entitled "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@middletontech.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Middleton Technologies's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Middleton Technologies in accordance with the Terms of this Section entitled "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Severability: With the exception of any of the provisions in subsection 5 ("Class Action Waiver"), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
External Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge and agree that Middleton Technologies shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
GPS Tracking Software
All GPS tracking functions are for entertainment purposes and although Middleton Technologies tracks GPS to best of it's ability GPS tracking should not be considered a legal means to tracking mileage, distance, routes or time on-line. We reserve the right to remove this service at anytime without refund to user accounts.
Indemnification
You agree to defend, indemnify and hold harmless Middleton Technologies and its licensee and licensor's, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Middleton Technologies and its licensor's. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Middleton Technologies.
Jurisdictional Issues
Middleton Technologies makes no representation that all Services are appropriate or available for use in your jurisdiction. Some products and services may not be available in all jurisdictions. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations.
Jurisdictional Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Limitation Of Liability
In no event shall Middleton Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(vi) low acceptance ratings, low customer rating, low completion rating or any other rating not described here.
Purchases/Subscriptions
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payment processing services for Middleton Technologies are provided by Google and/or Stripe and are subject to the Google Account Agreement and the Stripe Account Agreement, which includes the Google terms of service and the Stripe terms of service agreement.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Google Services Agreement, as the same may be modified by Google from time to time.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Beans.ai Services Agreement, as the same may be modified by Stripe from time to time.
As a condition of Middleton Technologies enabling payment processing services through Google and/or Stripe, you agree to provide Middleton Technologies accurate and complete information about you and your business, and you authorize Middleton Technologies to share it and transaction information related to your use of the payment processing services provided by Google and/or Stripe.
Google Playstore Services agreement: https://play.google.com/about/play-terms/index.html
Stripe Services agreement: https://stripe.com/legal
Premium subscriptions are deemed to be monthly or yearly reaccuring service and billed one day before they are due to avoid interruptions. Users who wish to cancel their subscription may do so at anytime by doing the following.
Google playstore subscriptions
To cancel a subscription that was created by using Google payments, log into your playstore account, click menu -> subscriptions. Find the subscription you wish to cancel and disable it.
Direct in app payments
To cancel a subscription paid directly by credit card or to disable your automatic payment users will need to do so directly on their account dashboard.
To cancel your subscription, log into your app, click your account icon in the top left hand corner. Navigate to your subscription information and disable the auto renew.
All purchases and subscriptions are final. No refunds will be given except within Google Playstore guidelines. In the event of a back-charge or refund from any third party service, your account will be deactivated until payment has been made.
Canceling of a subscription will not result in partial refunds, but your premium service will be active until the end of the current billing cycle. Failure to cancel a subscription will not result in a refund of any type. If a user is unable to cancel a subscription directly in app, subscriptions may also be canceled by email support directly at support@middletontech.com at least 48 hours before your billing cycle begins. Failure to email at least 48 hours in advance could result in a service fee being charge, which will not be refunded for any reason.
Restrictions
You are prohibited from:
(i) removing any copyright, trademark or other proprietary property located on the services;
(ii) reproducing, modifying, preparing derivative works based upon the services; distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services;
(iii) decompiling, reverse engineering or disassembling the Services except as may be permitted by applicable law; (iv) monitoring, linking to, mirroring or framing any part of the Services;
Third-Party Services
Middleton Technologies may provide you with the option, and use of certain features may require you, to obtain access to services, content, functionality, software and other things developed, provided, or maintained by third parties (collectively, “Third Party Services”). All Third Party Services are provided by third parties and are not under the direction or control of Middleton Technologies. You acknowledge and agree that Middleton Technologies shall not be liable or responsible, directly or indirectly, for Your access to or use of any Third Party Services, including any damages, losses, liabilities, failures, or problems caused by, related to, or arising from any Third Party Services. Your use of and access to any Third Party Services is solely between you and the third party provider of the Third Party Services. Your access to and use of any Third Party Services is subject to any additional terms, conditions, agreements, or privacy policies provided or entered into in connection with the Third Party Services (each, a “Third Party Agreement”). The terms of any Third Party Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Agreement but will not otherwise apply to Your access to or use of the Services. Except as set forth in this Agreement, in the event of a conflict between the terms of this Agreement and a Third Party Agreement, the terms of the Third Party Agreement shall control with respect to Your access to and use of any Third Party Services provided under that Third Party Agreement. This Agreement will continue to control in all other respects.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. If you have an active subscription, you will be responsible for disabling all auto renew subscriptions before terminiation.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Other Policies
Advertising: https://middletontech.com/affiliate-policy.php
Beans.ai: https://www.beans.ai/help/consumer/terms
Cookie: https://middletontech.com/cookie-policy.php
Driver Protection plan: https://middletontech.com/driver-protection-plan-policy.php
Privacy Policy: https://middletontech.com/privacy.php
Contact Us
If you have any questions about these Terms, please contact us at support@middletontech.com.
Middleton Technologies LLC ("Middleton Technologies") is a Florida registered company and provides various online services designed to help gig workers better manage their work, earn more, track their earnings and find new gigs.
Acceptance of this agreement
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using products, websites or mobile applications (the "Service") developers and/or operated by Middleton Technologies ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you access the website located at https://middletontech.com, https://maxymoapp.com, https://acceptordecline.com, install or use Middleton Technologies mobile applications, install or use any other software supplied by Middleton Technologies, or access any information, function, or service available or enabled by Middleton Technologies (each, a “Service” and collectively, the “Services”), or complete any account registration process from Middleton Technologies, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Middleton Technologies (the “Minimum Age”); and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
(d) you are a legal owner of, and that you are authorized to provide us and our third-party service providers with, all account information and login credentials necessary to facilitate our retrieval of your account information and your use of the service. The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use any services developed or maintained by Middleton Technologies.
Changes to Terms of Service
Middleton Technologies reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Changes To Services
Middleton Technologies reserves the right to change, modify, add or remove any primary or secondary service or function. In the event a modification has occurred, no refunds will be given, but the user has the option to cancel any further payments and/or subscriptions.
Important Notice Regarding Arbitration
When you agree to these terms, by creating an account or by using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Middleton Technologies through binding individual arbitration rather than in court. Please carefully review the section entitled "Dispute Resolution" for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so.
Agency
By using the Service, you expressly authorize and direct Middleton Technologies and third-party service providers (including Beans.ai, Argyle, Inc.), on your behalf, to electronically retrieve your account information maintained by third-party data sources with whom you have a contractual relationship ("Your Account Information"). You agree that when Middleton Technologies retrieves Your Account Information, Middleton Technologies is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. For purposes of this Agreement and solely to obtain and provide Your Account Information to you as part of the Service, you grant Middleton Technologies a limited power of attorney, and appoint Middleton Technologies as your attorney-in-fact and agent, to access third-party sites, servers, or documents, retrieve Your Account Information, and use Your Account Information.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Account valid for use on one single device at a time, in the event you log into another device the last device you were logged into will be disconnected.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Accessibility Services
Our mobile applications may use Accessibility Services to automatically accept/decline/switch to the other mobile applications. To allow us to provide this service to you and improve our application, our mobile application may receive, process and calculate information directly from your installed applications.
In addition, our mobile application may automatically click/touch/control the applications installed on your device on your behalf to provide the following automation request : Switch between applications, accept/decline request, track & store GPS & geo-location, store request data to better display information to users.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Middleton Technologies its subsidiaries, affiliates, and its licensor's do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Use of multi-apping, app-switching or auto declining function may cause lower acceptance ratings and/or loss to certain features from the rideshare/delivery apps. Users should use caution if they need to keep additional features from other apps.
Dispute Resolution
1. Mandatory Arbitration of Disputes: You and Middleton Technologies each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, including any dispute relating to these arbitration provisions themselves (collectively, “Disputes”) will be resolved solely by binding individual arbitration and not in a class, representative or consolidated action or proceeding. You and Middleton Technologies agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Middleton Technologies are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
2. Exceptions and Opt-Out: As limited exceptions to subsection (1) above: (i) either of us may seek to resolve a Dispute in small claims court in your county of residence or in the Superior Court of Florida, County of Brevard, if all the requirements of the small claims court are satisfied; and (ii) we each retain the right to seek injunctive or other equitable relief from a state or federal court located in District of Florida specifically to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@middletontech.com within thirty (30) days following the date you first agree to these Terms.
3. Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the Brevard County, FL, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these arbitration terms.
4. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Class Action Waiver:{' '} YOU AND MIDDLETON TECHNOLOGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. {' '} Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
6. Effect of Changes on Arbitration: Notwithstanding the provisions of Section entitled "Changes to Terms and Services" above, if Middleton Technologies changes any of the terms of this Section entitled "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@middletontech.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Middleton Technologies's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Middleton Technologies in accordance with the Terms of this Section entitled "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Severability: With the exception of any of the provisions in subsection 5 ("Class Action Waiver"), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
External Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge and agree that Middleton Technologies shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
GPS Tracking Software
All GPS tracking functions are for entertainment purposes and although Middleton Technologies tracks GPS to best of it's ability GPS tracking should not be considered a legal means to tracking mileage, distance, routes or time on-line. We reserve the right to remove this service at anytime without refund to user accounts.
Indemnification
You agree to defend, indemnify and hold harmless Middleton Technologies and its licensee and licensor's, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Middleton Technologies and its licensor's. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Middleton Technologies.
Jurisdictional Issues
Middleton Technologies makes no representation that all Services are appropriate or available for use in your jurisdiction. Some products and services may not be available in all jurisdictions. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations.
Jurisdictional Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Limitation Of Liability
In no event shall Middleton Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(vi) low acceptance ratings, low customer rating, low completion rating or any other rating not described here.
Purchases/Subscriptions
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payment processing services for Middleton Technologies are provided by Google and/or Stripe and are subject to the Google Account Agreement and the Stripe Account Agreement, which includes the Google terms of service and the Stripe terms of service agreement.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Google Services Agreement, as the same may be modified by Google from time to time.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
By agreeing to this agreement or continuing use of the Service, you agree to be bound by the Beans.ai Services Agreement, as the same may be modified by Stripe from time to time.
As a condition of Middleton Technologies enabling payment processing services through Google and/or Stripe, you agree to provide Middleton Technologies accurate and complete information about you and your business, and you authorize Middleton Technologies to share it and transaction information related to your use of the payment processing services provided by Google and/or Stripe.
Google Playstore Services agreement: https://play.google.com/about/play-terms/index.html
Stripe Services agreement: https://stripe.com/legal
Premium subscriptions are deemed to be monthly or yearly reaccuring service and billed one day before they are due to avoid interruptions. Users who wish to cancel their subscription may do so at anytime by doing the following.
Google playstore subscriptions
To cancel a subscription that was created by using Google payments, log into your playstore account, click menu -> subscriptions. Find the subscription you wish to cancel and disable it.
Direct in app payments
To cancel a subscription paid directly by credit card or to disable your automatic payment users will need to do so directly on their account dashboard.
To cancel your subscription, log into your app, click your account icon in the top left hand corner. Navigate to your subscription information and disable the auto renew.
All purchases and subscriptions are final. No refunds will be given except within Google Playstore guidelines. In the event of a back-charge or refund from any third party service, your account will be deactivated until payment has been made.
Canceling of a subscription will not result in partial refunds, but your premium service will be active until the end of the current billing cycle. Failure to cancel a subscription will not result in a refund of any type. If a user is unable to cancel a subscription directly in app, subscriptions may also be canceled by email support directly at support@middletontech.com at least 48 hours before your billing cycle begins. Failure to email at least 48 hours in advance could result in a service fee being charge, which will not be refunded for any reason.
Restrictions
You are prohibited from:
(i) removing any copyright, trademark or other proprietary property located on the services;
(ii) reproducing, modifying, preparing derivative works based upon the services; distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services;
(iii) decompiling, reverse engineering or disassembling the Services except as may be permitted by applicable law; (iv) monitoring, linking to, mirroring or framing any part of the Services;
Third-Party Services
Middleton Technologies may provide you with the option, and use of certain features may require you, to obtain access to services, content, functionality, software and other things developed, provided, or maintained by third parties (collectively, “Third Party Services”). All Third Party Services are provided by third parties and are not under the direction or control of Middleton Technologies. You acknowledge and agree that Middleton Technologies shall not be liable or responsible, directly or indirectly, for Your access to or use of any Third Party Services, including any damages, losses, liabilities, failures, or problems caused by, related to, or arising from any Third Party Services. Your use of and access to any Third Party Services is solely between you and the third party provider of the Third Party Services. Your access to and use of any Third Party Services is subject to any additional terms, conditions, agreements, or privacy policies provided or entered into in connection with the Third Party Services (each, a “Third Party Agreement”). The terms of any Third Party Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Agreement but will not otherwise apply to Your access to or use of the Services. Except as set forth in this Agreement, in the event of a conflict between the terms of this Agreement and a Third Party Agreement, the terms of the Third Party Agreement shall control with respect to Your access to and use of any Third Party Services provided under that Third Party Agreement. This Agreement will continue to control in all other respects.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. If you have an active subscription, you will be responsible for disabling all auto renew subscriptions before terminiation.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Other Policies
Advertising: https://middletontech.com/affiliate-policy.php
Beans.ai: https://www.beans.ai/help/consumer/terms
Cookie: https://middletontech.com/cookie-policy.php
Driver Protection plan: https://middletontech.com/driver-protection-plan-policy.php
Privacy Policy: https://middletontech.com/privacy.php
Contact Us
If you have any questions about these Terms, please contact us at support@middletontech.com.