Terms of Service

1. Acceptance of Terms

By accessing or using the Modly platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Service. Modly reserves the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Account Registration and Responsibilities

To access certain features of the Service, you must register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for all activities that occur under your account and for any loss or damage arising from such activities.

3. Subscription Plans, Billing, and Cancellation

The Service is offered under various subscription plans. Fees are payable in advance on a monthly or annual basis, as selected at the time of purchase. Payment will be charged to the credit card or other payment method you provide. You may cancel your subscription at any time through your account settings. Upon cancellation, your access to premium features will continue until the end of the current billing period. Modly does not provide refunds for partial months.

4. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances. Specifically, you agree not to use the Service to: (a) generate malicious code, bots, or spam; (b) scrape, harvest, or extract data from the Service without express written consent; or (c) interfere with or disrupt the security or integrity of the Service or servers or networks connected to the Service.

5. Intellectual Property — Ownership of Customer Data and Modly Platform

Modly Platform: Modly and its licensors retain all intellectual property rights in the Service, including the core algorithms, software code, documentation, and the Modly brand. Your use of the Service is subject to these Terms and does not grant you ownership of any such intellectual property.

Customer Data: You retain ownership of all data and content that you upload, create, or store in the Service. Modly does not claim ownership of your proprietary designs, component code, or project files. You grant Modly a limited, non-exclusive, worldwide license to use, host, and process your data solely for the purpose of providing the Service to you, as described in these Terms.

6. Limitation of Liability and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL MODLY OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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 SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; 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.

7. Dispute Resolution and Governing Law

Any claim or dispute arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You and Modly hereby waive any right to a trial by jury and to file a class action. These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Modly agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco, California.

8. Changes to Terms

Modly reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.