Terms and Conditions of Service

Effective Date: March 14, 2026

Welcome to DSP Maxxer. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and DSP Maxxer, LLC, a Delaware limited liability company ("DSP Maxxer," "Company," "we," "us," or "our"). By accessing or using the DSP Maxxer platform at app.dspmaxxer.com (the "Platform" or "Service"), you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and "Customer" refers to that entity.

If you do not agree to these Terms, do not access or use the Service.

1. Definitions

The following terms have the meanings set forth below when used in these Terms:

"Amazon DSP Program" means Amazon's Delivery Service Partner program, under which Customers operate as independent delivery service providers.

"Amazon Portal" means the online portal or dashboard provided by Amazon to Delivery Service Partners for the management of their delivery operations, including the Delivery Excellence Scorecard.

"Amazon Terms" means, collectively, the DSP Program Agreement, the Amazon Portal site terms, any Amazon program policies, and any other agreements, terms, or policies between Customer and Amazon governing Customer's participation in the Amazon DSP Program or use of the Amazon Portal.

"Customer Data" means all data that Customer provides to DSP Maxxer or that DSP Maxxer collects from the Amazon Portal on Customer's behalf, including delivery records, driver information, complaint details, GPS coordinates, and related operational data.

"Delivery Excellence Scorecard" means Amazon's scoring system that evaluates DSP performance across multiple metrics on a weekly basis.

"Dispute Materials" means the dispute text, evidence files, and supporting documentation generated by the Service for submission to Amazon.

"DSP Program Agreement" means the agreement between Customer and Amazon governing Customer's participation in the Amazon DSP Program, as amended from time to time.

"Portal Credentials" means the username, password, and any other authentication information provided by Customer to enable DSP Maxxer to access the Amazon Portal on Customer's behalf.

"Service" means the DSP Maxxer software platform, including all features, tools, AI-powered analysis, dispute generation, scorecard simulation, and related functionality made available through the Platform.

2. Description of Service

DSP Maxxer provides a software platform designed to help Amazon Delivery Service Partners optimize their Delivery Excellence Scorecard performance. The Service includes the following capabilities:

  • (a) Automated extraction of delivery and complaint data from the Amazon Portal using Portal Credentials provided by Customer;
  • (b) AI-powered evaluation of customer complaints to assess whether they are eligible for dispute;
  • (c) Generation of professional dispute text and supplemental evidence materials;
  • (d) Submission of disputes to Amazon through the Amazon Portal on Customer's behalf, subject to Customer's mandatory review and approval;
  • (e) Scorecard simulation and what-if analysis tools; and
  • (f) Outcome tracking and analytics.

2.1 Authorized Agent

Customer engages DSP Maxxer as its authorized agent and technology provider for the limited purpose of accessing and interacting with the Amazon Portal on Customer's behalf. All actions taken by DSP Maxxer through the Amazon Portal are performed at Customer's direction and on Customer's behalf, using credentials and access rights that belong to Customer. DSP Maxxer does not independently claim any right to access the Amazon Portal; rather, DSP Maxxer's access derives entirely from Customer's authorization.

2.2 Human Review Requirement

The Service is designed to require Customer's review and approval before any dispute is submitted to Amazon. DSP Maxxer does not automatically submit disputes on Customer's behalf without Customer's affirmative action within the Platform. Customer is responsible for reviewing all Dispute Materials before approving submission and assumes full responsibility for the accuracy, completeness, and appropriateness of any materials submitted to Amazon, regardless of whether the initial draft was generated by the Service.

2.3 No Guarantee of Outcomes

The Service is a tool to assist Customer in identifying and pursuing potential disputes. DSP Maxxer does not guarantee that any dispute will be successful, that Customer's Scorecard metrics will improve, or that Customer will achieve any particular tier status, incentive payment, or financial outcome. Amazon retains sole discretion over dispute resolution, Scorecard scoring, and all related decisions.

2.4 AI-Generated Content

The Service uses artificial intelligence models to evaluate complaints, generate dispute text, and produce recommendations. AI-generated outputs are informational tools and recommendations only. They do not constitute legal advice, and Customer should exercise independent judgment before acting on any AI-generated recommendation. While we strive for accuracy, AI outputs may contain errors, and Customer is solely responsible for the accuracy and completeness of any materials submitted to Amazon.

2.5 Transient Processing of Certain Data

In the course of providing the Service, DSP Maxxer may access and process certain data from the Amazon Portal—including delivery photographs—on a transient, in-memory basis solely as needed to perform analysis and generate Dispute Materials. Such data is processed in real time and is not persisted to DSP Maxxer's storage systems beyond the duration of the processing session.

3. Account Registration and Portal Access

3.1 Account Creation

To use the Service, Customer must create an account on the Platform and provide accurate, current, and complete registration information. Customer is responsible for maintaining the confidentiality of account credentials and for all activity that occurs under Customer's account.

3.2 Portal Credentials and Authorization

Customer authorizes DSP Maxxer to access the Amazon Portal on Customer's behalf using Portal Credentials provided by Customer. Customer is required to create a dedicated sub-account with appropriately limited permissions for use by DSP Maxxer, rather than providing primary account credentials. By providing Portal Credentials and using the Service, Customer represents, warrants, and agrees that:

  • (a) Customer is the authorized owner or operator of the Amazon DSP account and has the legal right and authority to grant DSP Maxxer access to the Amazon Portal on Customer's behalf;
  • (b) Customer has independently reviewed the Amazon Terms, including the DSP Program Agreement and Amazon Portal site terms, and has made an informed, independent business decision to authorize DSP Maxxer's access to and interaction with the Amazon Portal;
  • (c) Customer understands that the Amazon Terms may contain provisions regarding automated access, data extraction, use of third-party tools, and permissible use of the Amazon Portal, and that Customer is solely responsible for evaluating the implications of using the Service in light of those provisions;
  • (d) Customer's decision to use the Service is a voluntary business decision made in Customer's sole discretion and at Customer's own risk;
  • (e) Customer will create a dedicated sub-account with appropriately limited permissions for DSP Maxxer's use and will not provide primary account credentials; and
  • (f) Customer will promptly notify DSP Maxxer if Portal Credentials are changed, revoked, or compromised.

3.3 Amazon Relationship and Customer Acknowledgments

Customer acknowledges and agrees to the following:

(a) DSP Maxxer is not affiliated with, endorsed by, or sponsored by Amazon. DSP Maxxer has no contractual relationship with Amazon and is not a party to the Amazon Terms.

(b) DSP Maxxer makes no representation or warranty that Customer's use of the Service is permitted under the Amazon Terms. It is Customer's sole responsibility to determine whether use of the Service, including DSP Maxxer's automated access to the Amazon Portal, complies with the Amazon Terms.

(c) Use of the Service may involve risks to Customer's Amazon relationship, including the possibility that Amazon may view the Service as inconsistent with the Amazon Terms. Such risks may include, without limitation, warnings, suspension, or termination of Customer's DSP Program Agreement by Amazon.

(d) Customer has made an independent assessment of these risks and has determined, in Customer's sole business judgment, that the benefits of using the Service outweigh the potential risks to Customer's Amazon relationship.

(e) DSP Maxxer will not be liable for any adverse action taken by Amazon against Customer or Customer's DSP Program Agreement in connection with or resulting from Customer's use of the Service, whether or not such action is related to DSP Maxxer's access to the Amazon Portal.

3.4 Credential Security

DSP Maxxer encrypts Portal Credentials at rest using industry-standard encryption methods. Notwithstanding our security measures, Customer acknowledges that no system is completely secure and agrees that DSP Maxxer is not liable for unauthorized access to Portal Credentials except to the extent caused by our gross negligence or willful misconduct.

4. Customer Responsibilities

Customer agrees to:

  • (a) Provide accurate and complete information in connection with the Service, including accurate Portal Credentials and business information;
  • (b) Review all Dispute Materials before approving submission to Amazon through the Platform;
  • (c) Independently ensure that its use of the Service complies with the Amazon Terms and all applicable Amazon policies;
  • (d) Promptly notify DSP Maxxer of any changes to Customer's Amazon account status, DSP Program Agreement, Amazon Terms, or Portal Credentials;
  • (e) Use the Service only for its intended purpose of Delivery Excellence Scorecard optimization;
  • (f) Comply with all applicable federal, state, and local laws in connection with Customer's use of the Service; and
  • (g) Assume full responsibility for all consequences arising from Customer's decision to authorize DSP Maxxer's access to the Amazon Portal, including any impact on Customer's relationship with Amazon.

5. Fees and Payment

5.1 Subscription Fees

Customer agrees to pay the subscription fees as set forth in the applicable order, invoice, or pricing presented at the time of purchase (the "Subscription Fees"). Subscription Fees are billed on a monthly, recurring basis through Stripe, our third-party payment processor. Customer authorizes DSP Maxxer and Stripe to charge the payment method on file for all applicable Subscription Fees.

5.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless Customer cancels before the renewal date. Customer may cancel by contacting DSP Maxxer at hello@dspmaxxer.com. Cancellation will take effect at the end of the current billing period, and Customer will retain access to the Service through the end of that period.

5.3 No Refunds

Subscription Fees are non-refundable. No refunds or credits will be issued for partial billing periods, downgrade refunds, or unused features. DSP Maxxer may, in its sole discretion, issue refunds or credits on a case-by-case basis.

5.4 Price Changes

DSP Maxxer may modify Subscription Fees upon at least thirty (30) days' prior written notice to Customer. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing. If Customer does not agree to the revised pricing, Customer may cancel the subscription before the new pricing takes effect.

5.5 Taxes

Subscription Fees do not include taxes. Customer is responsible for all applicable sales, use, VAT, or other taxes imposed by any governmental authority in connection with Customer's use of the Service, excluding taxes based on DSP Maxxer's income.

6. Data Ownership and Intellectual Property

6.1 Customer Data

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants DSP Maxxer a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Data solely as necessary to provide the Service and as otherwise described in these Terms and our Privacy Policy.

6.2 DSP Maxxer Intellectual Property

DSP Maxxer retains all right, title, and interest in and to the Service, including all software, algorithms, AI models, evaluation logic, user interfaces, documentation, and all improvements and derivatives thereof. Nothing in these Terms grants Customer any right, title, or interest in the Service except the limited right to use the Service as described herein.

6.3 Aggregated and Anonymized Data

Customer agrees that DSP Maxxer may create, use, and retain aggregated and anonymized data derived from Customer Data ("Aggregated Data"). Aggregated Data will be stripped of information that could identify Customer, its drivers, or specific delivery recipients. DSP Maxxer may use Aggregated Data for any lawful purpose, including to improve the Service, develop new features, train and refine AI models, generate industry benchmarks, and produce cross-DSP performance insights. DSP Maxxer owns all Aggregated Data.

6.4 Dispute Materials

Dispute Materials generated by the Service are created for Customer's use and become part of Customer Data upon generation. DSP Maxxer retains the right to use the structure, format, and methodology of Dispute Materials (but not Customer-specific content) to improve the Service.

6.5 Feedback

If Customer provides suggestions, ideas, or feedback regarding the Service ("Feedback"), DSP Maxxer may use such Feedback without restriction or obligation to Customer.

7. Privacy and Data Handling

DSP Maxxer collects, processes, and stores data as described in our Privacy Policy, available at app.dspmaxxer.com/privacy. The Privacy Policy is incorporated into these Terms by reference. By using the Service, Customer acknowledges and agrees to the data practices described in the Privacy Policy.

Customer acknowledges that, in providing the Service, DSP Maxxer may transmit certain Customer Data to third-party service providers, including cloud infrastructure providers, AI model providers, and geocoding services, as further described in the Privacy Policy.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, DSP Maxxer does not warrant that:

(a) The Service will meet Customer's requirements or expectations;

(b) The Service will be uninterrupted, timely, secure, or error-free;

(c) Any dispute submitted through the Service will be successful;

(d) The Service will result in any improvement to Customer's Scorecard metrics, tier status, or incentive payments;

(e) AI-generated outputs will be accurate, complete, or free from errors;

(f) The Service will not result in any adverse action by Amazon against Customer; or

(g) Customer's use of the Service is permitted under the Amazon Terms or any other agreement between Customer and Amazon.

9. Limitation of Liability

9.1 Exclusion of Consequential Damages

To the maximum extent permitted by law, in no event will DSP Maxxer be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, anticipated savings, or loss of Customer's Amazon DSP Program Agreement or relationship with Amazon, regardless of the cause of action or the theory of liability, even if DSP Maxxer has been advised of the possibility of such damages.

9.2 Cap on Liability

To the maximum extent permitted by law, DSP Maxxer's total aggregate liability arising out of or related to these Terms or the Service will not exceed the total amount of Subscription Fees paid by Customer to DSP Maxxer in the twelve (12) months immediately preceding the event giving rise to the claim.

9.3 Specific Disclaimers

Without limiting the foregoing, DSP Maxxer will not be liable for:

  • (a) Any action taken by Amazon in response to Customer's use of the Service, including but not limited to warnings, suspension, termination, or modification of Customer's DSP Program Agreement, access to the Amazon Portal, or participation in the Amazon DSP Program;
  • (b) Changes to Amazon's Scorecard methodology, dispute processes, or policies;
  • (c) The outcome of any dispute submitted through the Service;
  • (d) Loss of revenue, incentive payments, or business opportunities resulting from Scorecard performance; or
  • (e) Errors or inaccuracies in AI-generated content that Customer approved for submission.

10. Indemnification

10.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless DSP Maxxer and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • (a) Customer's breach of these Terms;
  • (b) Customer's violation of the Amazon Terms or any Amazon policy;
  • (c) Customer's provision of inaccurate Portal Credentials or business information;
  • (d) Any claim by Amazon arising from DSP Maxxer's access to the Amazon Portal on Customer's behalf, including claims based on automated access, data extraction, or use of third-party tools;
  • (e) Any claim by a third party arising from Customer's use of the Service; and
  • (f) Any dispute between Customer and Amazon relating to Customer's participation in the Amazon DSP Program.

10.2 DSP Maxxer Indemnification

DSP Maxxer agrees to indemnify, defend, and hold harmless Customer from and against any third-party claim that the Service, as provided by DSP Maxxer, infringes a valid United States patent or copyright, provided that Customer promptly notifies DSP Maxxer of such claim, gives DSP Maxxer sole control of the defense and settlement, and provides reasonable cooperation.

11. Term and Termination

11.1 Term

These Terms are effective as of the date Customer first accesses or uses the Service and continue until terminated in accordance with this Section.

11.2 Termination by Customer

Customer may terminate these Terms at any time by canceling the subscription by emailing hello@dspmaxxer.com. Termination will be effective at the end of the current billing period.

11.3 Termination by DSP Maxxer

DSP Maxxer may terminate or suspend Customer's access to the Service, with or without notice, if:

  • (a) Customer breaches these Terms;
  • (b) Customer's payment method fails and is not updated within five (5) business days;
  • (c) DSP Maxxer determines, in its reasonable judgment, that continued provision of the Service to Customer creates an unacceptable legal, operational, or reputational risk; or
  • (d) DSP Maxxer elects to discontinue the Service.

11.4 Effect of Termination

Upon termination:

  • (a) Customer's access to the Service will cease;
  • (b) DSP Maxxer will delete Portal Credentials promptly;
  • (c) DSP Maxxer will delete Customer Data within ninety (90) days of the effective termination date, except for Aggregated Data, which DSP Maxxer may retain indefinitely;
  • (d) Customer may request earlier deletion of Customer Data by emailing hello@dspmaxxer.com; and
  • (e) Any provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 8, 9, 10, 12, and 13.

11.5 Data Export

During the ninety (90) day post-termination period, Customer may request an export of Customer Data in a standard machine-readable format by emailing hello@dspmaxxer.com. DSP Maxxer will use commercially reasonable efforts to fulfill such requests within thirty (30) days.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms (a "Dispute") informally by contacting each other. Customer may contact DSP Maxxer at hello@dspmaxxer.com. The parties will attempt to resolve the Dispute informally for at least thirty (30) days before pursuing formal proceedings.

12.2 Binding Arbitration

If the parties cannot resolve a Dispute informally, Customer and DSP Maxxer agree that any Dispute will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the English language, and will take place in Raleigh, North Carolina, or remotely at the arbitrator's discretion. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

Customer and DSP Maxxer agree that each party may bring disputes against the other only in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court.

12.5 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

13. General Provisions

13.1 Acceptable Use

Customer agrees not to:

  • (a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service;
  • (b) Share, transfer, or sublicense access to the Service or Customer's account to any third party;
  • (c) Use the Service for any purpose other than Delivery Excellence Scorecard optimization;
  • (d) Attempt to circumvent any security measures or access controls of the Service;
  • (e) Use the Service in any manner that violates applicable law or regulation; or
  • (f) Interfere with or disrupt the integrity or performance of the Service.

13.2 Modifications to Terms

DSP Maxxer may modify these Terms at any time by posting the revised Terms on the Platform and updating the "Effective Date" above. Material changes will be communicated to Customer by email or through a notice within the Platform. Continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms.

13.3 Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between Customer and DSP Maxxer regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

13.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

13.5 Waiver

The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13.6 Assignment

Customer may not assign or transfer these Terms, in whole or in part, without DSP Maxxer's prior written consent. DSP Maxxer may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

13.7 Force Majeure

DSP Maxxer will not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, acts of government, internet or infrastructure failures, labor disputes, or changes to Amazon's systems, policies, or portal functionality.

13.8 Notices

All notices under these Terms must be in writing and will be deemed given when sent by email. Notices to DSP Maxxer should be sent to hello@dspmaxxer.com. Notices to Customer will be sent to the email address associated with Customer's account.

13.9 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

14. Contact Information

For questions about these Terms, contact us at:

DSP Maxxer, LLC

Email: hello@dspmaxxer.com

Website: app.dspmaxxer.com