Terms of Service

1. Agreement to Terms

By accessing or using Modial ("Service", "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

Modial is operated by Modial Inc. ("we", "us", or "our"). The Service provides invoicing, billing, and payment processing solutions for small businesses and freelancers.

2. Account Terms

2.1 Account Creation

• You must be at least 18 years old to use this Service
• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account and password
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

2.2 Account Responsibilities

You may not use the Service for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

3. Acceptable Use

You agree not to:

• Use the Service for any fraudulent or illegal purpose
• Send spam or unsolicited messages through the Platform
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service to transmit viruses, malware, or harmful code
• Impersonate another person or entity
• Harvest or collect information about other users
• Reverse engineer, decompile, or disassemble the Service

4. Payment Terms

4.1 Subscription Plans

Modial offers various subscription plans with different features and pricing. Your subscription begins upon account activation and continues until cancelled.

4.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days notice
• You authorize us to charge your payment method for all fees
• Failure to pay may result in suspension or termination of your account

4.3 Free Trial

We may offer a free trial period for new accounts. You will not be charged until the trial period ends. We may require payment information before starting a trial.

4.4 Transaction Fees

Payment processing fees may apply when you receive payments through the Platform. These fees are clearly disclosed and deducted from your transactions.

5. Cancellation and Termination

5.1 Cancellation by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access until that date.

5.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Violation of our Acceptable Use Policy
• Upon your request

5.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will retain your data for 30 days before permanent deletion, during which you may export your data.

6. Intellectual Property

6.1 Our Property

The Service and its original content, features, and functionality are owned by Modial Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain all rights to the content you upload to the Service ("Your Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display Your Content solely to provide the Service.

6.3 Feedback

Any feedback, comments, or suggestions you provide about the Service may be used by us without any obligation to you.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

You are responsible for ensuring compliance with all applicable data protection laws when using the Service, including GDPR, CCPA, and other regional privacy regulations.

8. Warranties and Disclaimers

8.1 Service Availability

We strive to provide 99.9% uptime but cannot guarantee uninterrupted access. The Service is provided "as is" and "as available" without warranties of any kind.

8.2 Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, MODIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

9. Limitation of Liability

IN NO EVENT SHALL MODIAL, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF THE SERVICE.

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Modial and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

11.3 Class Action Waiver

You agree that any proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the new Terms on this page
• Updating the "Last Updated" date
• Sending you an email notification

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

13. General Provisions

13.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

13.2 Assignment

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

13.3 Entire Agreement

These Terms, along with our Privacy Policy and other legal documents referenced herein, constitute the entire agreement between you and Modial regarding the Service.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Information

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