Terms of Service

Terms and Conditions - Last updated: February 12, 2021


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.

Acceptance of this agreement

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.

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.

Modification of this agreement

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.

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.

None of the data collected by Middleton Technologies LLC will be shared or sold with any third party. 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 GPS, Store data for personal use.

Our mobile applications will not store any personal information or customer information, such as addresses, phone numbers or any other personal data. All customer information displayed on screen is only for display and calculations. Such information is never to be used for commercial use.

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.

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.

Maxymo
To cancel your Maxymo subscription, log into your dashboard at https://maxymoapp.com/users/ then disable the auto renew.

Drivers Utility Helper
To cancel your subscription, log into your Drivers Utility Helper 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

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.

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.

User 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.

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.

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;

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Middleton Technologies

Middleton Technologies has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Middleton Technologies may provide at times referral links, paid endorsement links and/or associate links. Users are not required, expected or paid to click on these links or sign up for services. Middleton Technologies does earn from qualifying purchases and sign ups.

You acknowledge and agree that Middleton Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

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.

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.

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.

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.

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.

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.

Changes

We reserve the right to change, modify, add or remove any primary or secondary services. In the event a modification has occurred, no refunds will be given, but the user has the option to cancel any further payments.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Policies

Privacy policy - https://middletontech.com/privacy.php
Advertising policy - https://middletontech.com/affiliate-policy.php
Driver Protection plan policy - https://middletontech.com/driver-protection-plan-policy.php

Contact Us

If you have any questions about these Terms, please contact us at support@middletontech.com.