Terms of use and sale

1. Who we are and what these terms cover

MaxTheFun is provided by MaxTheFun (company in formation), [registered address to be added], registered in [country of registration to be added] under number [registration number to be added] ("we", "us").[to confirm] By using the app or this website you agree to these terms. By buying something in the app you also agree to the terms of sale in sections 4 to 8. How we handle personal data is described in the privacy policy.

The app is available in several languages. These terms are written in English, and translations are for convenience.[to confirm]

2. What MaxTheFun does

MaxTheFun predicts queue times at a theme park resort, plans the order of the rides you choose for a date, and, on the day, can guide you live from ride to ride. You can use the app without an account. You can preview plans for free; full plans and live guidance are paid.

3. Forecasts are estimates

Queue forecasts, plans, walking times and time savings are statistical estimates made by our models from historical and live data. Conditions on the day change because of weather, ride closures, breakdowns, crowds, shows and other things outside our control. We do not guarantee any wait time, any saving, that a ride will be open, or that you will ride everything in your plan. Always follow the park's own signs, staff instructions, opening hours, height and health rules, and keep an eye on your surroundings while you walk.

4. What you can buy

Purchases are digital content and services supplied in the app. Prices are in euros and include VAT, and the price you pay is the one shown in the app before you pay.[to confirm]

Buying ahead costs less than buying on the day. Each product has two prices: the lower one when you buy before your visit, and a higher "on the day" price when you buy on the day of your visit. The on-the-day price applies to any purchase made on a day, by the resort's local date, for which you have a plan in the app, and to any purchase that unlocks a plan for that same day. The app shows which price applies before you pay, for example "On the day €49, €35 if you buy before your visit".

• Plan my day, €12 / €19 for a group ahead or €19 / €29 on the day. The full plan, every stop, for one visit date. Re-generate plans for that date as often as you like. No live guidance.
• The full day, €35 / €50 for a group ahead or €49 / €69 on the day. The full plan for one visit date and live guidance in the park on that day, with free replans all day.
• The whole trip, €59 / €84 for a group ahead or €85 / €120 on the day. Up to 3 park days within 12 months of purchase, each with the full plan and live guidance. A day is used when you plan a new date or start live guidance on it.
• Yearly pass, €99 / €149 for a family ahead or the same on the day. Every date for 12 months from purchase, at both parks: full plans and live guidance.

Just me or my group. Each product is sold for one phone ("Just me") or for a group of up to 6 phones ("My group"): the buyer and up to 5 people they invite, who follow the plan and the live day on their own phones and pay nothing. Smaller purchases can be upgraded later in the app for the difference in price: adding live guidance to Plan my day, adding your group to a day or to the whole trip, and turning today's full day into the whole trip at the end of the day.[to confirm]

Some rules apply to every purchase:

• Changing rides and re-planning a date you have already bought is free. Live guidance runs only on the day of your visit, by the resort's local date; stopping and restarting on the same day is free.
• Unused days of the whole trip, and the yearly pass, end 12 months after purchase. Plans and live guidance bought before these terms changed keep working as they did.[to confirm]
• Purchases are kept on your phone's device identifier. If you add an email address or sign in, you can restore them on another phone. If you use "Delete my data", your purchases are deleted permanently and cannot be restored or refunded.
• Purchases are for your personal, non-commercial use and cannot be resold or transferred.

5. Paying

Payment is taken by Stripe on its secure checkout page, by card, Apple Pay or Google Pay. The contract is made when your payment is confirmed; your purchase then appears in the app straight away. We email a receipt to the address you give Stripe.

6. Your right of withdrawal

If you are a consumer in the European Union, you normally have 14 days to withdraw from an online purchase. For digital content supplied immediately, that right ends once supply begins, if you asked for immediate supply and acknowledged that you would lose the right. At checkout we ask for that consent and acknowledgement before you pay, and your receipt confirms it. So once your purchase has been unlocked in the app, you can no longer withdraw from it.[to confirm]

If you did not give that consent, you can withdraw within 14 days of the purchase by telling us clearly, for example by email to support@maxthefun.com, and we will refund you within 14 days using the same payment method.

7. Refunds and problems

Your legal rights if the app does not work as described always apply: if a purchase is faulty and we cannot fix it in reasonable time, you can ask for a price reduction or a refund. In addition, we will look at requests fairly, and as a rule:[to confirm]

• if the park is closed on your visit day, or a technical fault on our side stops you from using live guidance, we will give you back the unused live guidance day, or refund it if you prefer, when you ask within 30 days;
• if you were charged twice for the same purchase, we refund the duplicate;
• we do not refund because real queues differed from a forecast, rides were closed, or you rode fewer rides than planned.

Write to support@maxthefun.com with your receipt reference. We aim to answer within 2 working days.[to confirm]

8. Changes to prices and products

We may change prices and products for future purchases. A change never affects what you have already bought.

9. Independence

MaxTheFun is an independent product. It is not affiliated with, endorsed by or sponsored by the operator of the resort or any theme park, or by the owners of the characters and stories that appear there. Park and attraction names shown in the app are used only to identify them and remain the property of their owners. Nothing in the app or on this site is official park information, and the park's own information takes precedence.

10. Data sources and credits

Live and historical queue data come from a third-party public queue-time data service, credited by name in the app. Map geometry is © OpenStreetMap contributors, available under the Open Database License (ODbL). The map illustration and all ride and restaurant artwork in the app are our own original work. We are not responsible for gaps or errors in these sources.[to confirm]

11. Using the app fairly

We grant you a personal, non-exclusive, non-transferable licence to use the app. You agree not to:

• copy, resell, reverse engineer or modify the app, except where the law allows it;
• access our servers other than through the app, or scrape, harvest or bulk-download forecasts or plans;
• get around payments or free-preview limits, for example by resetting or faking device identifiers;
• overload, attack or probe the service, or use it for anything unlawful;
• use our name or brand in a way that suggests we endorse you.

If you break these rules we may suspend or block access. Where that affects paid purchases, we will tell you why, and refund unused purchases unless the misuse was deliberate.[to confirm]

12. Availability and changes to the app

We work to keep MaxTheFun available, but it depends on the internet, app stores and third-party data, and may sometimes be interrupted. We may update, change or stop features. If we stop the service altogether, we will tell you in advance where we can and refund unused purchases in proportion.[to confirm]

13. Liability

We are responsible for providing the app with reasonable care and skill. We are not liable for losses we could not reasonably foresee, or for the cost of park tickets, travel, food or accommodation, rides you did not get on, or decisions by the park operator. Apart from that, and to the extent the law allows, our total liability to you is limited to the amount you paid us in the 12 months before the claim.[to confirm]

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or any other liability that cannot be limited by law, and nothing affects the rights you have as a consumer under the mandatory law of your country of residence.

14. This website

The website describes MaxTheFun. Screens shown on it are product previews with illustrative data. Content for investors is for general information only: it is not an offer to sell securities, a solicitation of investment or investment advice, and it contains forward-looking statements that may prove wrong.

15. Intellectual property

The MaxTheFun name, logo, text, designs, forecasts and software are owned by us or our licensors. You may view and share pages of this site for personal and informational purposes. You may not copy the site or the app wholesale.

16. Changes to these terms

We may update these terms. We will change the date at the top and, for significant changes, tell you in the app before they apply. Purchases already made stay under the terms that applied when you bought them.

17. Governing law and disputes

These terms are governed by the law of [country of registration to be added].[to confirm] If you are a consumer, you also keep the protection of the mandatory law of your country of residence, and you can bring a claim in the courts of that country. Please contact us first: most problems are solved quickly by email.

18. Contact

Help with the app, purchases and refunds: support@maxthefun.com. Anything else: hello@maxthefun.com. Postal address: MaxTheFun (company in formation), [registered address to be added].