Everything you need to know about using RisingMax services — from project engagement and payments to data security, intellectual property, and dispute resolution — all in one place for complete transparency.
Welcome to RisingMax Inc. (“RisingMax,” “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and RisingMax Inc., a technology consulting and software development company headquartered in New York, USA, governing your access to and use of our website at risingmax.com and all services, products, and solutions we provide.
By engaging our services, accessing our website, submitting a project inquiry, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must discontinue use of our website and services immediately.
These Terms apply to all visitors, clients, and any other parties who interact with RisingMax Inc. in any capacity.
For the purposes of these Terms, the following definitions apply:
“RisingMax” or “Company” refers to RisingMax Inc., its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, with its principal place of business at 600 3rd Ave, 2nd floor, New York, NY 10016, United States.
“Client” or “You” refers to any individual, business entity, organization, or legal representative who engages RisingMax for services, browses our website, or communicates with our team in any capacity.
“Services” refers to all technology consulting, software development, mobile application development, web development, AI/ML development, blockchain development, UI/UX design, quality assurance, digital marketing, staff augmentation, IT consulting, and any other services provided by RisingMax, whether described on our website or agreed upon separately in a written agreement.
“Project” refers to any specific scope of work agreed upon between RisingMax and the Client, as defined in a Statement of Work (SOW), proposal, or service agreement.
“Deliverables” refers to all work products, software, applications, designs, code, documentation, reports, or other materials produced by RisingMax in the course of providing Services to the Client.
“Confidential Information” refers to any non-public, proprietary, or sensitive information shared by either party in connection with a project or business engagement, including but not limited to business strategies, technical specifications, source code, financial data, client lists, and trade secrets.
“Intellectual Property” or “IP” refers to all patents, copyrights, trademarks, trade secrets, inventions, designs, software, source code, and any other proprietary rights, whether registered or unregistered.
“Third-Party Services” refers to any tools, platforms, APIs, libraries, or services provided by external vendors that are integrated into or used during the delivery of RisingMax’s Services.
“Agreement” refers collectively to these Terms of Service, any applicable Statement of Work (SOW), Non-Disclosure Agreement (NDA), and any other written agreement entered into between RisingMax and the Client.
By accessing our website, submitting a project request, signing a proposal, or making any payment to RisingMax, you confirm that:
RisingMax reserves the right to update, modify, or replace any part of these Terms at any time at its sole discretion. When changes are made, the “Last Updated” date at the top of this page will be revised accordingly. Your continued engagement with our Services after any modification constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
In the event of any conflict between these Terms of Service and any other agreement (such as a project-specific SOW or proposal), the more specific document shall take precedence for matters addressed therein. For all other matters, these Terms shall govern.
RisingMax provides, but is not limited to, the following categories of Services:
Services commence upon receipt of a signed agreement or proposal and the applicable initial payment, whichever occurs later. RisingMax will assign a dedicated project manager and team upon confirmation of project initiation.
RisingMax reserves the right to modify, suspend, or discontinue any aspect of its Services at any time. In the event of a material change affecting an active project, RisingMax will provide the Client with reasonable advance notice.
RisingMax may engage qualified subcontractors or third-party specialists to assist in delivering certain Services. Such subcontractors are bound by confidentiality obligations no less stringent than those set forth in these Terms.
To ensure successful project delivery, the Client agrees to:
Provide accurate, complete, and up-to-date information at all stages of the project, including but not limited to business requirements, brand guidelines, access credentials, and feedback. RisingMax shall not be liable for delays or errors resulting from inaccurate or incomplete information provided by the Client.
Respond to queries, review deliverables, and provide approvals within agreed timelines. Delays on the Client’s part may affect project timelines and may result in revised delivery schedules or additional costs. RisingMax will not be held responsible for project delays attributable to delayed Client responses.
Provide RisingMax with access to all necessary systems, tools, platforms, APIs, and resources required to perform the Services, as reasonably requested and within the Client’s control.
Use all Deliverables and Services strictly in accordance with applicable laws. The Client shall not use RisingMax’s Services for any illegal, harmful, fraudulent, or unethical purpose, including but not limited to:
Designate an authorized representative who will serve as the primary point of contact for the project. This individual must have the authority to provide instructions, approvals, and decisions on behalf of the Client.
All pricing is provided in USD (United States Dollars) unless otherwise stated in a written agreement. Quotes and proposals are valid for 30 days from the date of issuance. RisingMax reserves the right to revise pricing after this period.
For the purchase of ready-made products or white-label solutions, full payment is required in advance prior to delivery or access being granted.
For custom development engagements, payments are structured as per the milestone schedule defined in the project-specific Statement of Work (SOW) or proposal. Typically:
The Client agrees to make payments promptly upon milestone completion. Failure to make timely payments may result in a suspension of work until payment is received.
For ongoing support, maintenance, or staff augmentation arrangements, invoices are issued on a monthly basis and are due within 14 days of the invoice date, unless otherwise agreed in writing.
RisingMax accepts payments via bank wire transfer, major credit/debit cards, and other payment methods as mutually agreed upon with the Client. All payment details will be communicated through official channels only. RisingMax may request supporting documentation to verify authorized payment on behalf of a business or individual.
Invoices not settled within the due date will accrue a late payment fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance. RisingMax reserves the right to suspend active work on any project where payment is overdue by more than 10 business days.
All fees quoted by RisingMax are exclusive of applicable taxes, including but not limited to GST, VAT, sales tax, withholding tax, or any other government-mandated levies. The Client is solely responsible for paying any taxes applicable to the Services received. If RisingMax is legally required to collect tax, the appropriate amount will be added to the invoice.
All payments are to be made in USD unless an alternative currency is expressly agreed upon in writing. The Client is responsible for any currency conversion fees or exchange rate differences incurred during payment processing.
The Client may cancel a project or service engagement by providing written notice to RisingMax. The following conditions apply:
Any revisions, additions, or scope changes requested after project commencement are subject to a change order process. Work performed under approved change orders is billable and non-refundable once completed.
RisingMax reserves the right to cancel or terminate a project under the following circumstances:
In such cases, RisingMax will refund any amounts paid for work not yet commenced, less applicable administrative costs.
All cancellation requests must be submitted in writing (email or official written communication) by the original authorizing party. Verbal cancellations will not be recognized. For security and compliance purposes, communications between RisingMax and the Client (including phone calls, emails, and messaging platforms) may be recorded and retained as part of the project record.
Upon receipt of full payment for the relevant project or milestone, RisingMax assigns to the Client all rights, title, and interest in the custom Deliverables specifically developed for that Client under the applicable agreement, including all associated copyrights. This assignment does not include RisingMax’s Pre-Existing IP (defined in Section 7.2).
RisingMax retains full ownership of all Pre-Existing IP, which includes:
To the extent that Deliverables incorporate RisingMax’s Pre-Existing IP, RisingMax grants the Client a non-exclusive, perpetual, royalty-free license to use such Pre-Existing IP solely as integrated within the delivered product.
Deliverables may incorporate open-source software, licensed third-party libraries, or other third-party components. The Client acknowledges that such components are subject to their respective licenses and that RisingMax makes no representations regarding the ongoing availability or terms of such third-party components.
The Client retains all ownership rights to content, data, brand assets, and materials provided to RisingMax for use in the project (“Client Materials”). The Client represents and warrants that it has all necessary rights to provide Client Materials to RisingMax and that their use by RisingMax in delivering the Services will not infringe any third-party rights.
All content on the RisingMax website, including but not limited to text, images, graphics, logos, case studies, blog posts, and multimedia, is the proprietary property of RisingMax Inc. and is protected by applicable intellectual property laws. No content from the RisingMax website may be copied, reproduced, republished, uploaded, distributed, or transmitted in any form without prior written consent from RisingMax.
“RisingMax” and associated logos and brand identifiers are trademarks of RisingMax Inc. Clients and third parties may not use RisingMax’s trademarks without prior written permission. Reference to any third-party company, product, or service names on the RisingMax website is for identification purposes only and does not imply affiliation, endorsement, or sponsorship.
Any ideas, feedback, suggestions, or improvement requests submitted by the Client to RisingMax (outside of formal project deliverables) may be used by RisingMax freely, without any obligation of compensation, attribution, or confidentiality, unless otherwise agreed in writing.
Both RisingMax and the Client acknowledge that, in the course of their engagement, each party may disclose Confidential Information to the other. Each party agrees to:
For projects involving sensitive business information, proprietary technology, or personal data, RisingMax is prepared to execute a formal Non-Disclosure Agreement (NDA) prior to project commencement. Clients are encouraged to request an NDA before sharing detailed project briefs or sensitive data.
Confidentiality obligations do not apply to information that:
All RisingMax employees, contractors, and subcontractors involved in Client projects are required to sign confidentiality agreements as a condition of their engagement with RisingMax. Client data and project information are handled strictly on a need-to-know basis.
Confidentiality obligations survive the termination or expiration of any agreement between the parties for a period of three (3) years, unless a longer period is stipulated in a separate NDA.
RisingMax is committed to protecting the privacy and security of personal data handled in the course of delivering its Services. Our data collection, storage, and processing practices are governed by our Privacy Policy, which is incorporated into these Terms by reference and is available at risingmax.com/privacy-policy.
RisingMax implements industry-standard security measures to protect data shared by the Client, including access controls, encryption, and secure storage practices. However, no method of electronic transmission or storage is 100% secure, and RisingMax cannot guarantee absolute security.
Each party is independently responsible for compliance with applicable data protection laws in their respective jurisdictions, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable privacy regulations.
RisingMax warrants that:
The Client warrants and represents that:
Except as expressly set forth in Section 10.1, all Services are provided on an “as is” and “as available” basis. RisingMax expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by applicable law.
RisingMax does not warrant that:
To the maximum extent permitted by applicable law, risingmax inc., its officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute goods or services, arising out of or in connection with these terms or the services provided, even if risingmax has been advised of the possibility of such damages.
In no event shall risingmax’s total aggregate liability to the client for all claims arising out of or related to these terms or the services — whether in contract, tort (including negligence), strict liability, or otherwise — exceed the total fees actually paid by the client to risingmax in the three (3) months immediately preceding the event giving rise to the claim.
The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. RisingMax would not have entered into this agreement without these limitations.
RisingMax shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to:
In the event of a Force Majeure event, RisingMax will notify the Client as soon as reasonably practicable and will use reasonable efforts to resume performance as soon as the event subsides. Project timelines will be extended by the duration of the Force Majeure event.
The Client agrees to indemnify, defend, and hold harmless RisingMax Inc., its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
These Terms are effective from the date the Client first accesses the RisingMax website or engages our Services and shall remain in effect until terminated in accordance with this Section. Project-specific agreements commence on the date of signing and conclude upon final delivery, payment, and acceptance, unless extended by mutual agreement.
Either party may terminate a project agreement by providing written notice to the other party if the other party:
The Client may terminate a project for convenience at any time by providing written notice. In such cases, the Client remains liable for all fees for work completed up to the termination date, plus any non-cancellable third-party costs already incurred by RisingMax on the Client’s behalf. No refund will be issued for work already performed.
RisingMax may terminate for convenience upon 30 days’ written notice to the Client, in which case RisingMax will refund any pre-paid amounts for work not yet commenced.
Upon termination:
RisingMax reserves the right to suspend Services immediately, without notice, in the event of non-payment, a Client breach of these Terms, or if continuation of Services would require RisingMax to violate applicable law.
Access to the RisingMax website is provided on a temporary basis. RisingMax reserves the right to restrict, suspend, or terminate access to the website at any time without notice.
While RisingMax endeavors to keep information on its website accurate and current, it makes no warranties as to the completeness, accuracy, or timeliness of website content. RisingMax is not responsible for any reliance placed on website content by visitors.
When accessing the RisingMax website, you agree not to:
The RisingMax website may contain hyperlinks to third-party websites for informational purposes. RisingMax does not endorse, control, or assume responsibility for the content, accuracy, or practices of any third-party website. Access to external links is at the user’s own risk.
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any project agreement, the parties agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate this process by sending written notice describing the dispute to the other party. The parties shall have 30 days from receipt of such notice to resolve the dispute through negotiation.
If the dispute is not resolved through good faith negotiation within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in New York, New York, in the English language. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Each party waives its right to participate in any class action lawsuit or class-wide arbitration in connection with any dispute arising under these Terms.
In any arbitration or legal proceeding arising from a Client’s breach of these Terms, the Client agrees to reimburse RisingMax for all reasonable attorney’s fees and associated costs incurred by RisingMax in connection with such proceedings.
RisingMax and the Client are independent contractors. Nothing in these Terms or any project agreement shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. Neither party has the authority to bind the other party or to incur obligations on the other party’s behalf without prior written consent.
Each party agrees to comply with all applicable export control laws and regulations of the United States and any other applicable jurisdiction. The Client shall not use, transfer, or export any Deliverables or technology received from RisingMax in violation of any export embargo, prohibition, or restriction, including but not limited to those administered by the U.S. Department of Commerce and the U.S. Department of State.
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No waiver of any breach of these Terms shall be construed as a waiver of any subsequent breach.
These Terms, together with any applicable project-specific agreements (SOW, proposal, NDA), constitute the entire agreement between RisingMax and the Client with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, relating to such subject matter.
All formal notices, requests, and communications required or permitted under these Terms shall be in writing and delivered via:
RisingMax may send newsletters, product updates, and promotional communications to Clients who have opted in. You may opt out of marketing communications at any time by clicking “Unsubscribe” in any email or by contacting us directly. Transactional and service-related communications cannot be opted out of while an active engagement is in progress.
For quality assurance, security, and contractual record-keeping purposes, communications between RisingMax and the Client – including phone calls, emails, video calls, and messaging platforms- may be digitally recorded. Such recordings may constitute part of the project record and contract evidence between the parties.
Unless expressly prohibited in writing by the Client prior to project commencement, RisingMax reserves the right to reference the Client’s name, logo, and a general description of the project in its portfolio, case studies, marketing materials, and award submissions. RisingMax will not disclose any Confidential Information or sensitive project details without the Client’s prior written consent.
For any questions, concerns, or formal notices regarding these Terms of Service, please contact us at:
RisingMax Inc.
600 3rd Ave 2nd floor, New York, NY 10016, United States
Phone: +1 (917) 451-3717
Email: idea@risingmax.com
Website: https://risingmax.com
These Terms of Service were last reviewed and updated on May 19, 2026. RisingMax Inc. reserves the right to update these Terms periodically. Continued use of our services following any update constitutes acceptance of the revised Terms.
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