Terms and Conditions for Max Ability
Effective Date: March 12, 2026
These Terms and Conditions (“Terms”) govern your use of the Max Ability mobile application (“App”) and the website located at https://maxablellc.com , both operated by Maximum Ability LLC (“we”, “us”, or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.
1. Eligibility
The App is intended for users who are at least eighteen (18) years of age. By creating an account, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. We rely on the Google Play Store and Apple App Store’s age-gating to enforce this requirement, but you remain solely responsible for confirming your eligibility. If we learn that an account has been created by someone under 18, we may suspend or delete that account without notice.
2. Privacy Policy
Our Privacy Policy, available at https://maxablellc.com/privacy-policy/, is incorporated into and made part of these Terms by reference. By using the App, you also agree to the Privacy Policy.
3. Medical and Crisis Support Disclaimer
MAX ABILITY IS NOT A MEDICAL OR EMERGENCY SERVICE.
(a) The App provides tools for caregivers to organize information, build safety plans, and access AI-generated suggestions and crisis prompts. AI-generated content is subject to the limitations described in Section 2.
(b) The information provided within the App is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
(c) In the event of a medical or psychiatric emergency, immediately contact 911 or your local emergency services.
(d) We do not guarantee specific outcomes based on the crisis support recommendations or safety plans generated within the App.
4. Ask Max AI Chat Feature
(a) Nature of the Feature. Ask Max is an in-app chat feature powered by generative artificial intelligence. When you describe a situation, Ask Max may suggest strategies, recommend in-app tools (such as the Safety Plan, First/Then Board, or Visual Timer), or ask follow-up questions. Suggestions are generated by an AI model and may incorporate information you have entered about the Individual Supported.
(b) No Professional Advice or Relationship. Ask Max does not provide medical, psychological, behavioral, therapeutic, educational, or legal advice. Use of Ask Max does not create a doctor-patient, therapist-patient, behavior-analyst, or any other professional relationship between you and Maximum Ability LLC. Ask Max is not a medical device, is not FDA-cleared, and is not intended to diagnose, treat, cure, or prevent any condition.
(c) Generative AI Limitations. You acknowledge that: (a) generative AI can produce responses that are inaccurate, incomplete, outdated, biased, or otherwise unsuitable for your situation; (b) similar prompts may produce different responses; (c) Ask Max may misinterpret what you describe, or recommend a tool or strategy that is not appropriate for the Individual Supported; (d) Ask Max has no real-time awareness, cannot observe the Individual Supported, and is not monitored by a person.
(d) Your Judgment Controls. You agree that your own judgment, and the judgment of the Individual Supported’s licensed care team, supersedes any output from Ask Max. You will not rely on Ask Max as the sole basis for any decision affecting the safety, health, treatment, or wellbeing of the Individual Supported.
(e) Not a Crisis Service. Ask Max is not monitored in real time and cannot summon emergency help. If you or the Individual Supported is in immediate danger of harm to self or others, is having a medical or psychiatric emergency, or if weapons are involved, you must stop using Ask Max and call 911 (or your local emergency number) or open your Safety Plan.
(f) Acceptable Use. You agree not to: (i) use Ask Max for any purpose other than supporting the Individual(s) you care for; (ii) submit inputs designed to manipulate, jailbreak, or extract the underlying model or its instructions; (iii) submit information about other people without authority to do so; (iv) use Ask Max to generate content that is unlawful, harassing, defamatory, or that promotes self-harm or harm to others.
(g) Third-Party AI Providers. Ask Max relies on one or more third-party AI providers to generate responses. Your prompts and the information they contain may be transmitted to and processed by these providers under their respective terms. We select providers who contractually agree not to use your inputs to train their general-purpose models, but you acknowledge that perfect security and confidentiality cannot be guaranteed.
(h) Conversation Storage and Use. Conversations with Ask Max are stored consistent with Section 5 (Data Retainment and Deletion). We may review conversations to monitor safety, debug issues, and improve the feature. We do not sell conversation contents and will not use them to train general-purpose AI models without your explicit consent.
(i) No Guarantee of Outcomes. We make no representation or warranty that Ask Max will prevent any incident, behavior, injury, or harm, or that any recommended tool or strategy will be effective for any individual.
5. Subscriptions and Billing
Max Ability offers “Individual” and “Team” subscription tiers.
(a) Purchase Platform. All subscriptions are processed through the Google Play Store or the Apple App Store. You agree to abide by the respective terms of these platforms.
(b) Individual Subscription. Allows a user to create and manage tools for an unlimited number of Individuals.
(c) Team Subscription. Allows the primary subscriber to invite up to 10 additional caregivers (“Team Members”) to share access to an Individual’s information, including Safety Plans, medication lists, and schedules.
(d) Refund Policy. Refunds are subject to the policies of the Google Play Store or Apple App Store where the purchase was made. When permitted by the platform, refunds will be prorated for the unused portion of the subscription period.
6. Team Management and Data Access
(a) Access Revocation. If a Team Member is removed from a Team subscription, that person immediately loses all access to the information of the Individual that was shared with them under that subscription.
(b) Shared Responsibility. The primary subscriber is responsible for managing their Team and ensuring that only authorized caregivers are invited to view sensitive information.
7. User-Provided Information and Permissions
(a) Authority to Share. As a caregiver, you represent and warrant that you have the legal right or explicit consent to upload and share the information, birthdates, and images of any “Individual Supported” within the App.
(b) Image Hosting. Images uploaded to the App are stored securely via Firebase Storage. We utilize Google Cloud Functions to manage the upload and deletion of these files.
(c) Authentication. You may create an account using an email address or via Google Authentication. You are responsible for maintaining the confidentiality of your login credentials.
8. Data Retainment and Deletion
(a) Account Deletion. You may request the deletion of your account and all associated data, including location tags and images, via the ‘Delete Account’ feature in the App settings or by contacting us directly.
(b) Administrative Retention. We reserve the right to retain certain data as required for administrative, legal, or security purposes.
9. Limitation of Liability
Maximum Ability LLC utilizes third-party services including Firebase (Authentication, Firestore, Storage), Google Play Services, and the Apple App Store. While we strive for constant availability, we are not liable for any service interruptions, data loss, or technical failures caused by these third-party providers.
To the maximum extent permitted by law, Maximum Ability LLC, its officers, employees, and contractors are not liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to: (a) your use of, or reliance on, any output from Ask Max or other AI features of the App; (b) any decision made by you or any third party based in whole or in part on App outputs; (c) any injury, harm, or adverse outcome experienced by you, an Individual Supported, or any third party; (d) service interruptions, data loss, or technical failures, whether caused by Maximum Ability LLC or third-party providers.
Where liability cannot be excluded by law, our total aggregate liability is limited to the amount you paid for the App in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless Maximum Ability LLC, its officers, employees, and contractors from any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your misuse of the App or Ask Max; (b) your reliance on App outputs in violation of Sections 1 or 2; (c) information about an Individual Supported that you provided without authority (Section 4); or (d) your violation of these Terms.
11. Dispute Resolution and Binding Arbitration
Please read this section carefully. It requires you to resolve most disputes with us through binding individual arbitration and limits the ways you can seek relief.
(a) Informal Resolution First. Before initiating any formal proceeding, you agree to contact us at [contact email] and provide a written description of the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days before either party initiates arbitration.
(b) Agreement to Arbitrate. If the dispute is not resolved informally, you and Maximum Ability LLC agree to resolve all disputes, claims, or controversies arising out of or relating to these Terms, the App, or Ask Max (“Disputes”) through final and binding individual arbitration, rather than in court, except as expressly provided below. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
(c) Administrator and Rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. If the AAA is unavailable, the parties will agree on an alternative administrator or one will be appointed by a court. The arbitration will take place in the county where you reside, or by videoconference, at your election.
(d) Arbitration Fees. We will pay all filing, administrative, and arbitrator fees that exceed the cost of filing a comparable lawsuit in court, except where the arbitrator determines that your claim was frivolous.
(e) Class Action Waiver. You and Maximum Ability LLC agree that Disputes will be resolved only on an individual basis. You waive any right to participate in a class action, collective action, consolidated action, or representative action against Maximum Ability LLC. The arbitrator may not consolidate the claims of multiple persons and may award relief only in favor of the individual party seeking relief.
(f) Carve-Outs. Notwithstanding the above, either party may: (i) bring an individual action in small-claims court for any Dispute within that court’s jurisdiction; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information; and (iii) report any matter to a government agency permitted by law to receive it.
(g) Mass Arbitration. If twenty-five (25) or more similar claims are filed against Maximum Ability LLC by or with the coordination of the same counsel or coordinated group within a thirty (30) day period, the parties agree that the claims will be administered in batches under any mass-arbitration procedures the AAA provides, in order to manage costs and promote efficient resolution.
(h) Opt-Out. You may opt out of this arbitration agreement by sending written notice to [opt-out email] within thirty (30) days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
(i) Severability Within This Section. If the Class Action Waiver in subsection (e) is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and resolved in court, and the remainder of this Section will continue to apply to all other claims. If any other provision of this Section is found unenforceable, the remainder will continue to apply.
(j) Survival. This Section survives termination of these Terms and your account.
12. Termination
(a) Termination by You. You may stop using the App at any time and delete your account using the in-app “Delete Account” feature or by contacting us. Cancellation of paid subscriptions is governed by Section 2 and by the policies of the Google Play Store or Apple App Store, as applicable.
(b) Termination by Us. We may suspend or terminate your account, with or without notice, if we reasonably believe that: (a) you have violated these Terms, including the Acceptable Use provisions in Section 2.6; (b) you have engaged in fraudulent, abusive, or unlawful conduct; (c) your account has been inactive for an extended period; or (d) we are required to do so by law, court order, or platform policy.
(c) Effect of Termination. Upon termination, your right to access the App ends immediately. Sections governing intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive will survive termination. Data deletion following termination is handled under Section 5.
13. Changes to These Terms
We may revise these Terms from time to time to reflect changes in the App, our business, or applicable law. If we make material changes, we will notify you through the App or by email at least fourteen (14) days before the changes take effect, where reasonably practicable. Your continued use of the App after the effective date of the revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the App and may delete your account. Non-material changes (such as clarifications or typographical corrections) take effect when posted.
14. Governing Law and Venue
(a) Governing Law. These Terms, and any dispute arising out of or relating to them or the App, are governed by the laws of the State of [STATE], without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
(b) Venue for Non-Arbitrable Disputes. For any dispute not subject to arbitration under the Dispute Resolution section below (for example, small-claims actions or actions to enforce intellectual property rights), you and Maximum Ability LLC agree to the exclusive jurisdiction of the state and federal courts located in Sacramento, CA, and waive any objection to that venue.
15. Severability
If any provision of these Terms is found unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed. The remaining provisions will continue in full force and effect. The severability rules in the Dispute Resolution section control over this general provision to the extent of any conflict.
16. Entire Agreement
Waiver – These Terms, together with the Privacy Policy and any policies referenced within them, constitute the entire agreement between you and Maximum Ability LLC regarding the App and supersede any prior agreements or understandings. Our failure to enforce any provision is not a waiver of that provision.