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Terms of Service

Last updated: 2024-01-15

These Terms of Service ("Terms") govern your access to and use of TheModa's website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

TheModa provides AI assistant visibility and answer engine optimization services, including but not limited to AI-first strategy, design systems, and high-performance engineering solutions. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. User Accounts and Registration

To access certain features of our Services, you may need to:

  • Create an account and provide accurate, current information
  • Maintain and update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree not to use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit, distribute, or store any material that is illegal, harmful, threatening, abusive, or defamatory
  • Infringe upon intellectual property rights, including copyrights, trademarks, or patents
  • Transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our Services
  • Use automated systems (bots, scrapers) to access our Services without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Collect or harvest information about other users without consent
  • Use our Services for any competitive or benchmarking purposes

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and code, are owned by TheModa or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes, subject to these Terms.

5.3 Your Content

You retain ownership of any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content solely for the purpose of providing and improving our Services.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights.

6. Payment Terms

If you purchase any paid Services, the following terms apply:

  • Pricing: All prices are in the currency specified and are subject to change with notice
  • Payment: You agree to pay all fees associated with your use of paid Services
  • Billing: Fees are billed in advance on a recurring basis unless otherwise specified
  • Refunds: Refund policies are specified at the time of purchase or in separate agreements
  • Taxes: You are responsible for all applicable taxes, duties, and fees
  • Non-Payment: We may suspend or terminate Services for non-payment

7. Service Availability and Modifications

We strive to provide reliable Services but do not guarantee that our Services will be available at all times or free from errors, interruptions, or defects. We reserve the right to:

  • Modify, update, or discontinue any aspect of our Services
  • Perform maintenance that may temporarily interrupt Services
  • Limit access to Services for any reason
  • Change pricing, features, or functionality with reasonable notice

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEMODA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless TheModa and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

10. Termination

We may terminate or suspend your access to our Services:

  • Immediately, if you violate these Terms
  • With notice, for any reason or no reason
  • Upon your request to delete your account

Upon termination, your right to use our Services will immediately cease. We may delete your account and User Content. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

Before filing a claim, you agree to contact us first to attempt to resolve the dispute informally. If we cannot resolve the dispute within sixty (60) days, you agree to resolve disputes through binding arbitration or in small claims court, as specified in your jurisdiction.

11.3 Class Action Waiver

You agree that any disputes will be resolved individually and not as part of a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and TheModa regarding our Services.

12.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

13. Contact Information

If you have any questions about these Terms, please contact us at:

TheModa

Email: support@themoda.io

Website: https://themoda.io