MAXSIM TERMS OF SERVICE

1. The agreement

MAXSIM CLOUD, S.L. ("MAXSIM"), a Spanish company with tax ID B88981956, provides the agentic cloud platform at https://maxsim.cloud (the "Service").

Acceptance. Creating an account or continuing to use MAXSIM constitutes acceptance of these Terms.

Professional use only. You ("Customer") declare that you act within your professional or business activity, not as a consumer under Article 3 of Spanish Royal Legislative Decree 1/2007. Consumers must not register. If mandatory consumer law applies anyway, it prevails over these Terms.

MAXSIM continuously improves the Service: features, prices and interfaces may evolve, always under the transparency and notice commitments set out in these Terms.

2. Your data is yours

You retain all rights, forever. The code, databases, files, content, containers and applications you create, upload or generate with MAXSIM AI ("Customer Content") are and remain your property. MAXSIM claims no ownership over them.

You grant MAXSIM a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit and display Customer Content solely as needed to provide, secure and improve the Service. The licence ends when the content is deleted, except for backups, which are deleted within 60 days.

You can export everything at any time: your code, your files and your database dumps are downloadable from the console, in standard formats, without asking permission and without extra fees. We build MAXSIM so that staying is a choice, never a lock-in.

MAXSIM retains all rights to the platform, the AI technology, documentation, templates and tools. MAXSIM is a registered European trademark.

AI output is AI-generated content: review it and comply with transparency obligations (including the EU AI Act) when publishing it.

3. Availability (SLA)

Monthly uptime is the percentage of time in a calendar month during which your enabled containers and the control plane are available, measured at maxsim.cloud by UptimeRobot.com as an independent external monitoring provider at https://maxsim.cloud/uptime

Excluded: (a) scheduled maintenance announced at least 48 hours in advance, up to 8 hours per month; (b) force majeure; (c) downtime caused by you, your workloads or your end users; (d) third-party failures outside MAXSIM's reasonable control.

If monthly uptime falls below these thresholds in a calendar month, you may request, within 30 days, a service credit on that month's Cloud fees for the affected network, excluding AI usage fees:

- Below 98% uptime: 10% credit of that month's Cloud fees.
- Below 95% uptime: 100% credit of that month's Cloud fees.

Credits are added to your wallet balance when you request them. These credits are the sole and exclusive remedy for availability failures.

4. Acceptable use

You may deploy websites, APIs, databases, containers and related workloads, provided they comply with Spanish law, do not infringe third-party rights, do not distribute malware and do not facilitate prohibited content and do not overload, probe or abuse the platform.

You are responsible for your content, your workloads and your end users.

Suspending a customer is something we want to do as rarely as possible: enforcement under this Section is a last resort, except where there is a real and immediate risk to security or to other systems, as set out in Section 9.

5. Pricing and payment

Prepaid, pay per use. No subscriptions, no surprises. You can only spend the balance you decide to load. The network owner tops up a single EUR wallet in advance (5 to 2,000 EUR per top-up, via Stripe). The balance is non-transferable, usable only within MAXSIM and refundable.

Cloud. Usage is measured monthly per network and charged in arrears, on the 1st of the following month, to its owner, in EUR, with full per-resource transparency:

┌───────────────┬──────────┬────────────────┬──────────────────────────────────┐
│ Monthly Price │ Currency │ Name           │ Description                      │
├───────────────┼──────────┼────────────────┼──────────────────────────────────┤
│       10.0000 │ EUR      │ Networks       │ Isolated MAXSIM cloud resources. │
│        5.0000 │ EUR      │ Users          │ Admin/dev/read MAXSIM users.     │
│        0.1000 │ EUR/GB   │ Bandwidth      │ Data transfer egress.            │
│        5.0000 │ EUR      │ Custom domains │ Custom DNS domain.               │
│        4.0000 │ EUR      │ Containers     │ A GNU/Linux docker container.    │
│        2.0000 │ EUR      │ vCPU           │ Compute virtual shared CPU unit. │
│        0.0080 │ EUR/MB   │ RAM            │ Container memory reserved.       │
│        1.0000 │ EUR      │ Databases      │ SQL database instance.           │
│        0.0100 │ EUR/MB   │ Disk           │ Database storage size.           │
│        0.2000 │ EUR/MB   │ RAM            │ Database memory index.           │
│        0.0050 │ EUR/MB   │ Hot            │ Local File System.               │
│        0.0005 │ EUR/MB   │ Net            │ Massive storage S3-compatible.   │
└───────────────┴──────────┴────────────────┴──────────────────────────────────┘

Each price may include monthly free units, discounted before billing. Taxes not included. Consumed units are rounded up; prices are rounded down.

AI. Requests are priced per request, in EUR, by mode. The price of each mode is published and known before you send a request:

┌──────────┬───────┬──────────────────────────────────────┐
│    Price │ Mode  │ Description                          │
├──────────┼───────┼──────────────────────────────────────┤
│ 0.04 EUR │ Cheap │ Everyday, effective and cheap AI     │
│ 0.20 EUR │ Fast  │ The fastest AI                       │
│ 0.20 EUR │ Smart │ Powerful AI for difficult challenges │
│ 2.50 EUR │ Mega  │ The maximum intelligence             │
└──────────┴───────┴──────────────────────────────────────┘

Failed, timed-out or stopped AI requests are not charged.

Price changes. Our own infrastructure and AI provider costs can change, so prices may need to change too. Cloud price changes are announced in the web console and take effect on the 1st of the following month, applying from the first monthly billing period starting after that date. AI price changes take effect immediately: they are announced in the web console when they apply and apply to requests made after they take effect. Usage already consumed is always billed at the price in force when it was consumed.

6. AI: autonomy, safety and traceability

MAXSIM AI agents operate with operational autonomy: within the permissions you grant them, they may take actions, modify code and deploy, scale or reconfigure workloads without human approval at each step.

AI behaviour is inherently unpredictable and can make mistakes. We apply our best engineering efforts to make MAXSIM AI safe and predictable: explicit per-agent tool permissions, read-only modes, write-permission controls per network and continuous auditing.

Full traceability. Every action performed by MAXSIM AI is logged and visible to you in the console: what was done, when, by which agent, with which tools and with what result. You can review, audit and revert AI activity at any time.

Because AI output can be wrong, you are responsible for reviewing AI-generated changes before relying on them in production. MAXSIM works continuously to reduce those errors and to give you the tools to detect them.

7. Privacy and data protection

MAXSIM acts as data processor; you are the data controller. A Data Processing Agreement (DPA) is available at ai@maxsim.cloud.

No AI training on your data. MAXSIM does not use Customer Content to train artificial intelligence models, does not sell it and does not use it for advertising.

You choose the jurisdiction. Each network lets its owner choose, separately for Cloud and for AI, the jurisdictions where containers run and where AI inference is processed, among the jurisdictions enabled on the platform. This choice is explicit, visible and changeable in your network settings and MAXSIM only deploys your workloads and routes your AI requests within the jurisdictions you have enabled.

Infrastructure providers:

┌────────────┬───────────────────────────────────┬─────────┐
│ Provider │ Legal entity │ Country │
├────────────┼───────────────────────────────────┼─────────┤
│ Cloudflare │ Cloudflare, Inc. │ US │
│ Hetzner │ Hetzner Online, GmbH. │ DE │
│ HyVelocity │ HyVelocity, LLC. │ US │
│ Stripe │ Stripe, Inc. │ US │
│ Tailscale │ Tailscale, Inc. │ US │
│ Wasabi │ Wasabi Technologies, Inc. │ US │
└────────────┴───────────────────────────────────┴─────────┘

For AI features, you instruct MAXSIM to engage the following AI sub-processors, which may receive database content, software, messages and contextual metadata:

┌───────────┬─────────────────────────────────────────────────┬─────────┐
│ Provider  │ Legal entity                                    │ Country │
├───────────┼─────────────────────────────────────────────────┼─────────┤
│ Alibaba   │ Alibaba Cloud (Singapore) P.L.                  │ CN      │
│ Anthropic │ Anthropic PBC                                   │ US      │
│ Cerebras  │ Cerebras Systems, Inc.                          │ US      │
│ DeepSeek  │ Hangzhou DeepSeek Technology Research Co., Ltd. │ CN      │
│ Fireworks │ Fireworks AI, Inc.                              │ US      │
│ Google    │ Google, LLC / Google Ireland, Ltd.              │ US      │
│ Hetzner   │ Hetzner Online GmbH                             │ DE      │
│ Kimi      │ Beijing Moonshot Technology Co., Ltd.           │ CN      │
│ MiniMax   │ Shanghai Xiyu Technology Co., Ltd.              │ CN      │
│ Mistral   │ Mistral AI, SAS.                                │ FR      │
│ OpenAI    │ OpenAI, LLC.                                    │ US      │
│ Qwen      │ Intelligent Cloud Computing (Singapore) P.L.    │ CN      │
│ WanDB     │ Weights & Biases, Inc.                          │ US      │
│ Xiaomi    │ Xiaomi Inc.                                     │ CN      │
│ Z         │ Beijing Zhipu Huazhang Technology Co., Ltd.     │ CN      │
│ xAI       │ SpaceXAI, Corp.                                 │ US      │
└───────────┴─────────────────────────────────────────────────┴─────────┘

International transfers follow Chapter V of the GDPR: EU adequacy decisions, the EU-US Data Privacy Framework, or Standard Contractual Clauses (Decision 2021/914), as applicable per sub-processor. MAXSIM will announce any change to these lists; you may object and terminate under Section 9. MAXSIM may also offer AI modes running locally on MAXSIM infrastructure, without third-party AI processors.

MAXSIM applies appropriate technical and organisational measures, including encryption in transit, encrypted backups, access control and full action logging and will assist you with data-subject requests, breach notifications and compliance duties as your processor.

8. Security

Encryption in transit (TLS/SSL). Daily backups stored remotely, encrypted with GPG (AES-256) and integrity-verified with SHA-256.

Write permission (enabled by default in each network): you authorize MAXSIM to autonomously modify your code and deployment when necessary for legitimate cybersecurity, performance or damage-prevention reasons. Each action is logged and notified. If you disable it, MAXSIM will not modify your code and may disconnect that network's containers under Section 9.3 after notice.

9. Suspension, termination and export

9.1 Principles. MAXSIM suspends or disconnects containers only as set out in this Section. Suspension is reversible and non-destructive: your data stays intact and exportable. Our goal is to keep you online, not to switch you off.

9.2 Non-payment. Cloud usage is settled on the 1st of each month ("Settlement Date"). If your balance is negative on a Settlement Date, MAXSIM will not disconnect your containers before 30 days after that Settlement Date. If the balance is still negative after those 30 days, MAXSIM may disconnect the containers until the balance is restored. Your data, databases and files remain intact and a restorable backup is kept for 60 additional days. The Service resumes when the balance is restored.

9.3 Immediate disconnection. Only where necessary to protect the Service, MAXSIM, its users or third parties and with notice when practicable: (a) a dangerous security vulnerability; (b) an ongoing cyberattack or workloads attacking other systems; (c) breach of these Terms, illegal use or prohibited content; (d) a serious risk to the platform, networks or users; (e) you disabled write permission (Section 8).

9.4 Termination. MAXSIM may terminate on breach, illegal use or security risk. You may terminate at any time. On termination you have a 60-day export window for your code, files and database dumps; unused prepaid credit is refundable.

9.5 Backup after closure. Even if your account is suspended or closed for any reason, including non-payment, MAXSIM will provide you, on request, a backup archive of your code, files and database dumps. Backups are retained for up to 60 days after suspension or closure.

9.6 Notice. MAXSIM notifies the network owner by email and in the console before any non-payment disconnection and promptly after any immediate disconnection, stating the reason and the steps to restore the Service.

10. Warranties and liability

We stand behind the Service with the availability commitments of Section 3. Beyond those, the Service is provided "as is" and "as available", without other warranties, express or implied, including fitness for a particular purpose and non-infringement.

MAXSIM is liable for direct damages caused by its breach of these Terms, up to a total aggregate amount equal to the fees you paid to MAXSIM in the 12 months preceding the event. MAXSIM is not liable for indirect, special or consequential damages or loss of profits.

Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence, or any liability that cannot be excluded or limited under mandatory law.

11. Governing law

These Terms are governed by Spanish law. Disputes go to the Courts of Madrid, Spain, unless mandatory law provides otherwise. Registered address: Avenida de la Constitución, 3-B, 3ºB, 39300, Torrelavega, Cantabria, Spain.

MAXSIM will use commercially reasonable efforts to comply with jurisdictional data-protection restrictions.

12. Changes to these Terms

We may update these Terms. Material changes will be announced in the web console at least 30 days before they take effect. If you object, you may terminate under Section 9, export your data and obtain a refund of unused credit. Continued use after the notice period constitutes acceptance.

13. Contact

Last update: 2026-08-13 | Version: 128

Creating an account or continuing to use MAXSIM constitutes acceptance of these Terms of Service.