1Agreement to these Terms

MaxLoader (the "Service") is operated by CubeZeroApps ("we", "us", "our"), a software developer in South Korea. These Terms of Service govern your access to and use of the Service.

By using the Service you agree to be bound by these Terms. If you do not agree to them, do not use the Service. If you are using MaxLoader for an employer or any other organization, you confirm that you have authority to accept these Terms on that organization's behalf, and "you" means that organization as well as you personally.

2Eligibility

You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Service. MaxLoader is built for commercial road transport and is not directed at children.

3Accounts

Some features require an account. When you create one, you must give information that is accurate and complete and keep it up to date. Failure to do so is a breach of these Terms and may result in termination of your account.

You are responsible for safeguarding your password and for everything that happens under your account, whether or not you authorized it. You must not disclose your password to anyone, and you must notify us at cubezeroapps@gmail.com as soon as you become aware of any breach of security or unauthorized use of your account.

If you forget your password, you can set a new one with your account's backup code. You are responsible for keeping the backup code safe, in the same way as your password. If you lose both, we may be unable to restore your access to the account.

You may not use as a username the name of another person or entity, a name not lawfully available for your use, a name in which anyone other than you holds rights, or a name that is offensive, vulgar or obscene.

4License to use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own transport planning, whether personal or commercial. No other right is granted, and this license ends if you breach these Terms.

5What the Service does

MaxLoader takes a cargo list and a vehicle specification that you enter, arranges the cargo in the load space, calculates the resulting axle loads by static equilibrium, and compares those loads against a set of weight and dimension rules transcribed from published law. It cites the provision behind every check it performs, and it names the checks it does not perform.

The rule sets currently provided are the weight and width limits applying to the Interstate System under 23 CFR 658 in the United States, and the weights and dimensions for international traffic under Council Directive 96/53/EC in the European Union.

6What the Service does not do

MaxLoader is a calculation aid. It is not a compliance determination, and it is not legal, engineering, regulatory or other professional advice. We do not act as your adviser, and no relationship of professional reliance arises from your use of the Service.

MaxLoader tries to find an efficient arrangement of the cargo you describe. A load plan it produces is in no event guaranteed to be optimal, to be physically feasible, or to be capable of being secured. It models rigid rectangular and cylindrical items resting on level surfaces; it does not model crushing, deformation, overhang, restraint, lashing, dunnage, shoring, load shift in transit, or the practicalities of getting an item into or out of the load space. Every arrangement it proposes must be checked by a competent person before it is loaded.

You are solely responsible for establishing the adequacy of independent procedures for testing the accuracy, completeness and compliance with applicable legal requirements of anything the Service produces, before you rely on it. A load plan is a starting point for that verification and not a substitute for it. The regulatory position taken by a vehicle on a public road is yours and remains yours.

In particular, and without limiting the generality of the above, the Service does not determine or take account of:

• the weight, length, width or height limits set by any individual State of the United States, whether on or off the Interstate System, or by any Member State of the European Union within its own borders, several of which permit weights above those in Directive 96/53/EC;
• weights preserved under the grandfather provisions at 23 CFR 658.17(i), or the route-specific allowances at 23 CFR 658.17(j) and (m);
• permits of any kind, including oversize and overweight permits;
• seasonal, frost-law, bridge-posting or other route-specific restrictions;
• load securement, which is a separate regulation and a separate exercise;
• minimum steered-axle share requirements, which several jurisdictions impose;
• vehicle turning geometry, including the swept-circle requirement in Annex I of Directive 96/53/EC;
• hazardous goods, temperature control, segregation or any other requirement arising from what the cargo is rather than what it weighs;
• the national law by which a Member State has transposed Directive 96/53/EC, which is the law that actually applies to a domestic movement.

Law changes, and a transcription of law is only as current as the day it was checked. The Service records the date on which each rule set was verified against its source. Even the official electronic Code of Federal Regulations advises those relying on it to verify their results against the current official edition; the same caution applies with greater force to our implementation of it. The authoritative sources are the Code of Federal Regulations and the Federal Register in the United States, and EUR-Lex together with the relevant national transposition in the European Union.

7Your responsibilities

You are responsible for the accuracy of everything you enter, including tare weights, dimensions, axle positions and cargo weights. The Service cannot detect that a figure you have given it is wrong, and a plan built on a wrong figure will be confidently wrong.

You are responsible for weighing the vehicle where weighing is required or prudent, for holding any permit the movement needs, for securing the load, and for complying with the law of every jurisdiction the vehicle passes through.

8Subscriptions

Parts of the Service are billed on a subscription basis. The Service is offered on a free plan and on two paid plans, Plus and Pro, each billed monthly or yearly; what each plan includes, and its price, are shown on the Plans page. A subscription is the only purchase option we offer: there are no one-off purchases and no consumable items.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries about payment and handles returns. Your purchase is also subject to Paddle's terms for buyers, and the price you are charged includes any sales tax or VAT Paddle is required to collect where you live.

You are billed in advance on a recurring, periodic basis, at the price and billing interval shown to you when you subscribe. At the end of each period your subscription renews automatically on the same terms unless you cancel it or we cancel it.

A valid payment method is required to subscribe. You authorize us and our payment processor to charge that payment method for each renewal. If a payment fails, we may suspend or terminate your access to the paid features.

You may move between Plus and Pro, or between monthly and yearly billing, at any time; the difference for the rest of the period is charged or credited when you do. Each plan keeps a set number of saved calculations, and Pro alone keeps templates. If you move to a plan that keeps fewer, nothing you have saved is deleted, but you cannot save more until you are back within that plan's allowance, and templates can be used again only on Pro. You can delete anything you have saved at any time.

9Fee changes

We may change subscription fees. Any change takes effect at the end of the billing period then in force, and we will give you reasonable notice beforehand so that you can cancel if you do not accept it. A change never applies to a period you have already paid for.

Continuing to use the Service after a fee change takes effect means you accept the new fee.

10Cancellation and refunds

You can cancel your subscription at any time. Payments are non-refundable, except as provided under Paddle's Buyer Terms. Paddle, our Merchant of Record, handles all refund requests and decisions; we do not process or approve refunds. To request a refund, contact Paddle at paddle.net.

Cancellation stops the subscription renewing and takes effect at the end of the period you have already paid for. Your access to the paid features continues until then. You can cancel under Manage Billing on your Account page, which opens Paddle's billing page, or by writing to cubezeroapps@gmail.com.

This does not affect any refund or cancellation right you have under mandatory consumer protection law where you live, including the right of withdrawal that a consumer in the European Union or the United Kingdom has for a distance contract, and nothing in these Terms is intended to exclude it.

11Prohibited conduct

You may not:

• resell, sublicense or redistribute the Service, or present its output as a compliance certification, an inspection result or a weight ticket;
• scrape, crawl or automate access to the Service at a rate that burdens it, or attempt to interfere with its availability for others;
• reverse engineer, decompile or attempt to derive the source of any part of the Service that is not published, except to the extent that applicable law expressly permits it despite this restriction;
• remove, obscure or circumvent any notice, citation or disclaimer the Service displays, or use software whose purpose is to do so;
• share an account with anyone outside the organization it was created for, or use another person's account;
• use the Service in violation of any applicable law, or in any way that would cause us to be in violation of any applicable law.

12Your content and our intellectual property

What you enter is yours. We claim no ownership of your cargo lists, vehicle specifications or load plans. Where you have an account, you grant us only the limited license needed to store your content and show it back to you, and that license ends when you delete the content or your account.

You are responsible for what you enter, including that you have the right to enter it and that it does not infringe anyone's rights or break any law.

The Service, its interface, its rule sets as transcribed and arranged, its documentation and the name MaxLoader are ours or our licensors'. Nothing in these Terms transfers any of that to you. The underlying law is of course in the public domain; our arrangement, annotation and implementation of it are not.

You may tell us what you think of MaxLoader. If you do, we may use that feedback without obligation or compensation to you.

13Links to other web sites

The Service contains links to sites we do not own or control, including the official legal texts it cites. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any of them. We do not warrant the offerings of any of them.

We strongly advise you to read the terms and privacy policy of every site you visit. Any dealing you have with such a site is between you and it.

14Availability and changes to the Service

We may modify, suspend or discontinue the Service or any feature of it at any time, without liability to you for any interruption, modification or discontinuation. If we discontinue a paid feature permanently, we will give reasonable notice.

We do not warrant that the Service will be available at any particular time and we do not offer a service level commitment.

We update the rule sets as the law changes and as errors are found, so a rule set may give a different answer to the same question on a different day. Each rule set carries a version and the date it was last verified against its source, and both are displayed in the Service. We will not silently change a limit.

15Disclaimer of warranties

16Limitation of liability

17Indemnification

To the extent permitted by applicable law, you will indemnify and hold us harmless against any claim, demand, loss, liability, penalty and reasonable expense, including reasonable legal fees, brought by a third party and arising out of your breach of these Terms, your use of the Service without the independent verification section 6 requires, anything you enter into the Service, or your transport operations.

We will notify you promptly of any claim for which we seek indemnity and will give you reasonable cooperation at your expense. You may assume control of the defense of a claim on reasonable notice, provided that any settlement fully releases us and imposes no obligation on us. This section does not apply to a consumer where mandatory law prevents it.

18Termination

We may terminate or suspend your account and your access immediately, without prior notice or liability, if you breach these Terms or if we reasonably believe your use harms the Service or another user. On termination your right to use the Service ends at once.

You may terminate your account at any time from your account settings or by writing to cubezeroapps@gmail.com. A subscription that will renew must be cancelled first, from Manage Billing on your Account page, and an account cannot be closed while it would still be charged. Cancelling and refunds are on the terms in section 10.

Sections 6, 10, 12, 15, 16, 17, 19 and 21 survive termination.

19Disputes and governing law

If you have a concern, please raise it with us first at cubezeroapps@gmail.com. Most questions are resolved that way, and we would rather answer one than defend one.

These Terms and any dispute arising out of them or out of the Service are governed by the laws of South Korea, without regard to its conflict of law rules, and the parties submit to the exclusive jurisdiction of the courts of South Korea.

This does not deprive you of the protection of mandatory law where you live. If you are a consumer resident in the European Union, the United Kingdom, Switzerland or any other jurisdiction whose law gives you a non-excludable right to the protection of your local law or to bring proceedings in your local courts, you keep that right and nothing in this section affects it.

Our failure to enforce a right or provision of these Terms is not a waiver of it.

20Users in the European Union

If you are a consumer in the European Union, you have the benefit of any mandatory provision of the law of the country in which you reside, and nothing in these Terms affects your rights under that law.

Our Privacy Policy describes the information the Service handles and sets out your rights of access, rectification, erasure, restriction, objection and portability, and how to exercise them. A consumer in the European Union may also refer a dispute to an out-of-court dispute resolution body; the European Commission lists them at https://consumer-redress.ec.europa.eu, although we would rather hear from you directly.

21General

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and replace any earlier understanding about it.

Severability. If a provision is held unenforceable, it is to be read down so far as necessary to make it enforceable, or severed if it cannot be, and the rest of these Terms continue in force.

Assignment. You may not assign these Terms without our written consent. We may assign them to a successor to our business, on notice to you.

Force majeure. Neither party is liable for a failure to perform caused by something outside its reasonable control.

Language. These Terms are written in English. If we publish a translation and the versions differ, the English version governs, except where mandatory law in your jurisdiction provides otherwise.

22Changes to these Terms

We may revise these Terms. If a change is material, we will publish the revised Terms at this address with a new effective date at least 30 days before the change takes effect, so that you can stop using the Service if you do not accept it. Non-material changes, such as a corrected typographical error or a clarified cross-reference, take effect when published.

Your continued use of the Service after a change takes effect means you accept the revised Terms. You are advised to review this page periodically.

23Contact us

If you have any questions about these Terms, contact us at cubezeroapps@gmail.com.