**Terms and Conditions for Modus** **Effective Date**: 11/05/2024 Welcome to Modus! These Terms and Conditions ("Terms") govern your access to and use of the services, platform, and applications (collectively, "Services") provided by Modus through https://modus.delus.site (the "Site"). By accessing or using our Services, you agree to comply with these Terms. If you do not agree, please discontinue use of our Services. --- ### 1. **Acceptance of Terms** By accessing, downloading, or using any part of our Services, you accept and agree to be bound by these Terms, as well as our Privacy Policy. If you are using Modus on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. ### 2. **Eligibility** You must be at least 18 years old to use our Services. By using our Services, you represent that you are of legal age to enter into a binding agreement. ### 3. **Services Provided** Modus offers an integrated suite of eCommerce, Point of Sale (POS), Software as a Service (SaaS), and Infrastructure as a Service (IaaS) solutions, designed to enhance business operations, streamline payments, and provide secure and scalable cloud infrastructure. Features may include, but are not limited to: - Payment processing - Inventory and sales management - Secure cloud storage - Data analytics and reporting - User account management ### 4. **Account Registration and Security** To access certain features of our Services, you must create an account. You agree to provide accurate and complete information when registering and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. **Prohibited Actions**: - Sharing your account credentials with others - Creating multiple accounts for the same individual or entity - Using another user’s account without their permission ### 5. **Payment Terms** Certain aspects of our Services may require payment. By purchasing a paid service, you agree to pay any applicable fees and charges, as described on the Site. All payments are final and non-refundable unless otherwise stated in our refund policy. ### 6. **Use of Services** You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You may not use our Services to engage in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of our Services. **Prohibited Uses Include**: - Fraudulent transactions or activities - Unauthorized access or attempts to access restricted areas of the Site - Engaging in any action that disrupts the performance or functionality of our Services ### 7. **Data and Privacy** We are committed to protecting your data. Any information we collect through your use of the Services is governed by our Privacy Policy. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy. ### 8. **Intellectual Property** All content, trademarks, logos, and intellectual property on the Site or provided through our Services are owned by or licensed to Modus. You may not use, copy, reproduce, modify, or distribute any of the content or materials without our prior written consent. ### 9. **Third-Party Services** Our Services may integrate with or provide access to third-party services (e.g., payment processors, data providers). We are not responsible for any third-party content, terms, policies, or practices. You access these services at your own risk. ### 10. **Termination** We reserve the right to suspend or terminate your access to our Services at any time, without notice, for any violation of these Terms or if we suspect any illegal, unauthorized, or fraudulent activity. Upon termination, all rights granted to you under these Terms will immediately cease, and you must discontinue all use of our Services. ### 11. **Disclaimers** 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 performance. We do not guarantee that our Services will be error-free, secure, or available at all times. We are not responsible for any interruptions or losses of data. ### 12. **Limitation of Liability** To the fullest extent permitted by law, Modus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or data, whether in contract, tort, or otherwise, arising from your use or inability to use our Services. Our total liability for any claim arising out of or related to these Terms or your use of our Services will not exceed the total amount you have paid us in the past 12 months. ### 13. **Indemnification** You agree to indemnify, defend, and hold harmless Modus, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including attorney’s fees, arising from or in any way connected to your use of our Services or your violation of these Terms. ### 14. **Changes to These Terms** We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the updated Terms on the Site. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. Please check this page regularly to stay informed of any updates. ### 15. **Governing Law and Jurisdiction** These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts. ### 16. **Entire Agreement** These Terms, along with our Privacy Policy, constitute the entire agreement between you and Modus regarding your use of the Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. ### 17. **Contact Us**