Modial Terms of Use

Terms of Use for Modial.io

Last updated: December 1, 2024

Please read these Terms of Use ("Terms") carefully before using the Modial.io web app and services (collectively, the "Services") provided by Modial.io ("us", "we", or "our"). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access or use the Services.

1. Eligibility

By agreeing to these Terms, you represent and warrant that you are at least 18 years of age or have the consent of a parent or legal guardian, and are fully able and competent to enter into and comply with these Terms. The Services are not intended for use by children under the age of 13.

2. Registration

To use our Services, you must register for an account with your email address. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. License

Subject to your compliance with these Terms, Modial.io grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business use only.

4. Restrictions

You agree not to:

a. Use the Services for any illegal, unauthorized, or otherwise improper purposes.

b. Interfere with or disrupt the integrity or performance of the Services or any related systems or networks.

c. Attempt to gain unauthorized access to the Services or any related systems or networks.

d. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Services.

e. Copy, reproduce, modify, adapt, distribute, or create derivative works based on the Services, except as expressly authorized by Modial.io.

f. Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Services.

5. Intellectual Property

The Services and all related content, features, and functionality are and will remain the exclusive property of Modial.io and its licensors. The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services may violate such laws and these Terms.

6. Third-Party Integrations

Our Services integrate with third-party platforms such as Slack, Google Calendar, and timekeeping systems like QuickBooks Time. By using these integrations, you agree to comply with the terms and conditions of these third-party platforms. We are not responsible for the content, practices, or policies of these third-party platforms.

7. Termination

We reserve the right to suspend or terminate your access to the Services, without prior notice or liability, if you breach these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease.

8. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. Modial.io disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Modial.io or its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

10. Indemnification

You agree to defend, indemnify, and hold harmless Modial.io, its affiliates, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your use of the Services; (ii) any breach of these Terms by you; (iii) your violation of any law or the rights of a third party; or (iv) any content submitted by you or using your account to the Services.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of California without giving effect to any choice or conflict of law provision or rule.

You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Waiver

No waiver of any provision of these Terms by Modial.io shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Modial.io to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Us

If you have any questions about these Terms, please contact us at support@modial.io.