Terms of use for the MAXIMUS View surveillance system

Please review these Terms of Use for the MAXIMUS View surveillance system (“MAXIMUS View”). By accessing and using MAXIMUS View, you acknowledge that you have read and agree to comply with the Terms of Use outlined below. In these Terms of Use, “MAXIMUS” refers to MAXIMUS Inc. and its affiliated companies, headquartered at 1250 Marie-Victorin Street, Saint-Bruno-de-Montarville, Quebec, Canada J3V 6B8.

By accessing MAXIMUS View, you acknowledge that your acceptance of these Terms of Use is sufficient to bind you to these terms, which shall take precedence over any other agreements. For the purposes of these Terms of Use, “you” or “End User” refers to both you as an individual and/or the entity you represent.

“You” or “your” designates the individual or legal entity (consumer or professional) who accepts these Terms of Use and is thereby authorized by MAXIMUS to access and use MAXIMUS View in accordance with these Terms of Use. You are advised to read them carefully.

These Terms of Use may be updated and modified periodically. It is strongly recommended that you review them regularly and ensure you are aware of the latest applicable terms when using MAXIMUS View. If you do not accept the general terms outlined herein, you will not be permitted to access MAXIMUS View.

1. The MAXIMUS View service

1.1. Surveillance System

MAXIMUS View is an ecosystem comprising a gateway, a cloud-based service, sensors, and a mobile application designed to monitor environmental parameters such as temperature, humidity, CO2 levels, and other factors (“Monitored Data”). You agree to use the System in compliance with all applicable laws and regulations and solely for legitimate purposes.

1.2. Internet Access and Hardware

Accessing and using MAXIMUS View requires an Internet connection. You are solely responsible for obtaining and financing such access. Please note that this may involve additional charges (e.g., fees from your Internet service provider). You must also possess the necessary hardware to access MAXIMUS View and are responsible for maintaining it.

MAXIMUS shall not be liable for any difficulties in accessing MAXIMUS View related to your configuration.

1.3. No Technical Support or Maintenance

MAXIMUS is not obligated to provide technical support, maintenance services, or any other assistance related to your use of MAXIMUS View. MAXIMUS expressly reserves the right to correct any errors that may directly or indirectly affect the service, software, and/or components.

In the event of updates to MAXIMUS View, MAXIMUS will make reasonable efforts to ensure your content is not impacted.

1.4. MAXIMUS View Updates

MAXIMUS continuously improves its product (software and hardware) by adding features, devices, and resolving identified bugs or errors. Periodic updates will be released, and you must always use the latest version of MAXIMUS View to ensure optimal performance. Failure to install the most recent version may result in MAXIMUS restricting your access to prevent security breaches or operational failures.

2. Limited access right grant

These Terms of Use govern your use of MAXIMUS View, including all content or applications made available to you now or in the future via MAXIMUS View. Subject to these Terms of Use, MAXIMUS grants you a limited, non-exclusive, and non-transferable access right (the “Access Right”) to access and use MAXIMUS View. You are permitted to use MAXIMUS View for personal and non-commercial purposes. This Access Right does not grant or transfer any ownership of MAXIMUS View and confers no rights beyond those expressly stated herein. You may only access MAXIMUS View in accordance with these Terms of Use.

3. User conduct

3.1. User Account

No user account is required. Once the application is installed, you will have direct access to all MAXIMUS View services provided by MAXIMUS. Installation of MAXIMUS View is permitted only for individuals or legal entities with the legal capacity to enter into binding agreements under the laws of their country of residence. You are responsible for securing access to your mobile device to protect your use of MAXIMUS View.

3.2. Notification Service

You must provide a valid email address to receive notifications. You agree not to register using an email address that infringes on the rights of a third party. Only you are authorized to use MAXIMUS View with your email address. Any activity conducted through the application will be presumed to be performed by you.

3.3. Confidentiality and Personal Data

Details regarding MAXIMUS’s processing of personal data are described in the MAXIMUS Privacy Policy, the latest version of which is available at: https://company.ingersollrand.com/privacy-policy.html.

3.4. Usage Restrictions

3.4.1. General Usage Restrictions. You must not, and must not permit others to: (a) Use MAXIMUS View for illegal purposes; (b) Market, sublicense, publish, distribute, lend, transfer, or make MAXIMUS View available to third parties; (c) Modify, maintain, enhance, alter, or create derivative works of MAXIMUS View; (d) Remove trademarks, copyrights, or proprietary notices or use meta tags or other “hidden text” or framing techniques related to MAXIMUS’s names or trademarks; (e) Copy, decompile, disassemble, or reverse-engineer MAXIMUS View or use similar methods to discover its source code or trade secrets; (f) Use MAXIMUS View to provide IT services to third parties; (g) Bypass technical controls restricting access to MAXIMUS View or breach its security; (h) Publish, transmit, distribute, or infect MAXIMUS View with viruses, Trojan horses, or other harmful functions; (i) Use MAXIMUS View in an inherently dangerous manner; (j) Use MAXIMUS View in a way that violates MAXIMUS’s rights; (k) Use scrapers, content miners, robots, spiders, web crawlers, or other automated means to access MAXIMUS View; or (l) Use MAXIMUS View for the benefit of anyone other than yourself.
You represent and warrant that you will not use MAXIMUS View for unlawful purposes or in violation of these Terms of Use. Additionally, you agree not to post sensitive personal information or identifiers on MAXIMUS View.

You acknowledge and agree that (i) MAXIMUS may remove any content that violates these Terms of Use, and (ii) MAXIMUS may access, retain, and disclose information related to your email address, as well as any content, if required by law or in good faith belief that such retention or disclosure is reasonably necessary to:

• Comply with legal obligations;
• Enforce these Terms of Use;
• Respond to claims that content infringes third-party rights; or
• Protect the rights, property, or personal safety of any individual.

3.4.2. Compliance with Laws. When using MAXIMUS View, you must at all times comply with applicable laws, rules, and regulations. You must adhere to all applicable export and re-export control laws and regulations of all relevant countries. Accordingly, you agree not to transfer, export, or re-export MAXIMUS View or use it in a manner prohibited by Canada’s Export Administration Regulations, Central America, South America, Europe, or the United States, or any other applicable export control laws, restrictions, or regulations.

4. Limited license to access and use MAXIMUS View

4.1. Intellectual Property Rights

The service, components, data, application design text, object and source code software (including applets), scripts, downloads, graphics, photos, interactive features, and other similar elements, as well as their selection and arrangement, trademarks, trade names, presentations, service marks, and logos appearing in MAXIMUS View are licensed to MAXIMUS or are the exclusive property of MAXIMUS or its licensors and contain proprietary and confidential information. All aforementioned elements are protected by Canadian and international intellectual property laws (particularly copyright and trademark laws).

Subject to compliance with these Terms of Use, particularly the limitations set forth in this section, you are only authorized to access MAXIMUS View and use its services for personal and non-commercial purposes. The granted access and usage rights are limited, non-exclusive, non-transferable, and may not be sublicensed. Accordingly, MAXIMUS grants you a worldwide, royalty-free, non-exclusive, non-assignable, non-transferable, and non-sublicensable license to use the permitted elements for your own needs.

4.2. Feedback

MAXIMUS may occasionally solicit feedback, suggestions, or ideas regarding your use of MAXIMUS View (“Feedback”). Any Feedback you provide (verbally or in writing) becomes the exclusive property of MAXIMUS.

You may submit suggestions or comments about MAXIMUS View by emailing support.maximus-view@maximus-solution.com or posting a review via Google Play or the Apple Store.

You expressly acknowledge that no such communication or publication is subject to confidentiality obligations, and you authorize MAXIMUS to freely reuse your suggestions or comments without compensation.

4.3. Backups

You must independently back up any data or content you input or generate via MAXIMUS View on your own computer or device if you wish to retain it. MAXIMUS does not guarantee that content entered or accessed through MAXIMUS View will be free from damage, corruption, or accidental loss. MAXIMUS does not retain data beyond the last 90 days.

5. Modifications to terms and service

MAXIMUS reserves the right to modify these Terms of Use at any time and to impose additional terms related to specific content accessible via MAXIMUS View. If you do not accept the Terms of Use (including updates), you will no longer be permitted to access or use MAXIMUS View.

6. Termination

6.1. User’s Right to Discontinue Use

You may terminate your use of MAXIMUS View at any time and without notice by uninstalling the application. While you may reinstall it, you will not automatically regain access to all previously generated content, components, or data.

6.2. MAXIMUS’s Right to Manage Access

MAXIMUS may terminate or suspend your Access Right if it determines that you have violated these Terms of Use or engaged in actions that endanger MAXIMUS, its clients, its systems, or its data. MAXIMUS may provide a 10-day period to remedy alleged violations. If unresolved within this period or if the violation is irreparable, MAXIMUS may terminate your access to MAXIMUS View.

Upon termination, you will lose access to MAXIMUS View, all stored content, and data entered into the application. You are responsible for backing up your content prior to termination where possible.

7. No warranty

MAXIMUS View and its content are provided “AS IS,” without warranties, representations, or conditions of any kind, whether express or implied, including but not limited to functionality, accuracy, or reliability of the service, hardware, or products.

You acknowledge that while MAXIMUS View is designed to help monitor environmental parameters, it is not a substitute for alarm systems or specialized expert advice. You are solely responsible for determining how to use MAXIMUS View effectively to achieve your desired results. MAXIMUS cannot guarantee any specific performance or outcomes from your use of MAXIMUS View.

MAXIMUS does not guarantee uninterrupted service due to unforeseen circumstances or force majeure events, including but not limited to: strikes (announced or unannounced), war (declared or undeclared), riots, government actions, acts of terrorism, natural disasters (fire, flood, earthquake, etc.), epidemics, utility failures (electricity, public services, telecommunications), or Internet-related disruptions such as service interruptions, external intrusions, or computer viruses.

MAXIMUS does not warrant that MAXIMUS View will be error-free and disclaims all liability for errors or omissions. You expressly agree to use MAXIMUS View at your own risk.

8. Limitation of liability

MAXIMUS, its officers, directors, employees, shareholders, or distributors shall not be liable for any costs, damages, or losses incurred by you or third parties arising from or related to: The service; Use of or inability to use MAXIMUS View; Outputs (e.g., reports) or results of using MAXIMUS View; Direct, indirect, punitive, or consequential damages; Loss of income, profit, clients, data, contracts, or financing; or Any interruption-related loss or damage, whether in tort (including negligence), contract, or otherwise.

MAXIMUS assumes no liability to you or any third party for any error or inaccuracy in MAXIMUS View that may lead to failures, corruption or loss of data or information, or any other damage to your systems. You assume all risks and costs associated with your use of MAXIMUS View, including, without limitation, expenses related to the use of or any damage to your computers, equipment, devices, peripherals, software, data, or information.

9. Survival clause

Sections 3.3 (Confidentiality and Personal Data), 4.1 (Intellectual Property Rights), 7 (No Warranty), and 8 (Limitation of Liability) shall survive any termination or expiration of these Terms of Use and remain in full force.

10. Governing law – jurisdiction – arbitration

These Terms of Use are governed by and interpreted under Canadian law. Any dispute arising from the use of MAXIMUS View shall be brought exclusively before the competent courts of the Quebec Court and/or the Federal Court of Canada, as applicable.

Rev. 1 on 04/15/2025