Modularity Software Inc. Website Terms of Use

Last Updated: 7/11/2021

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern customer’s use of the website located at modularity.ai (the “Site”) offered by Modularity Software Inc. (“Modularity Software Inc.”).

1. AGREEMENT TO TERMS

By using our Site, customer agrees to be bound by these Terms. If customer does not agree to be bound by these Terms, it should not use the Site. Unless customer and Modularity Software Inc. have entered into a separate written agreement, these Terms constitute the entire and exclusive agreement between Modularity Software Inc. and customer regarding the Site and content contained on the Site.

2. PRIVACY POLICY

Please review our Privacy Policy, which also governs customer’s use of the Site, for information on how we collect, use and share customer’s information.

3. CHANGES TO THESE TERMS

We may update the Terms from time to time in our sole discretion. If we do, we’ll let customer know by posting the updated Terms on the Site. It’s important that customer reviews the Terms whenever we update them or customer uses the Site. If customer continues to use the Site after we have posted updated Terms it means that customer accepts and agrees to the changes. If customer does not agree to be bound by the changes, customer may not use the Site anymore.

4. FEEDBACK

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If customer chooses to submit Feedback, customer agrees that we are free to use it without any restriction or compensation to customer.

5. SITE CONTENT

We may make available through the Site content and materials that are subject to intellectual property rights. We retain all rights to that such content and materials. We grant customer permission to display, copy, distribute and download the content and materials on the Site solely for personal, noncommercial use only, provided that customer does not modify or create derivative works based upon the content and materials and that customer retains all copyright and other proprietary notices contained in the content and materials. Customer may not, however, distribute, copy, reproduce, display, republish, download or transmit any content or material on the Site for public or commercial use without prior written approval of Modularity Software Inc. All rights not expressly granted are reserved by Modularity Software Inc.

6. PROHIBITIONS

Customer agrees not to do any of the following:

A.    Use, display, mirror or frame any portion of the Site, Modularity Software Inc.’s name, any Modularity Software Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Modularity Software Inc.’s express written consent;

B.    Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Modularity Software Inc. or any of Modularity Software Inc.’s providers or any other third party (including another user) to protect the Site;

C.   Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browsers;

D.   Use any meta tags or other hidden text or metadata utilizing a Modularity Software Inc. trademark, logo URL or product name without Modularity Software Inc.’s express written consent;

E.   Use the Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

F.   Impersonate or misrepresent customer’s affiliation with any person or entity;

G.   Violate any applicable law or regulation; or

H.   Encourage or enable any other individual to do any of the foregoing.

7. LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Site may allow customer to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Customer acknowledges sole responsibility for and assumes all risk arising from, customer’s use of any third-party resources.

8. WARRANTY DISCLAIMERS

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet customer’s requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site.

9. LIMITATION OF LIABILITY.

A.    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MODULARITY SOFTWARE INC. NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR PROVIDING THE SITE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Modularity Software Inc. OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

B.    TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL MODULARITY SOFTWARE INC.’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100).

10. GOVERNING LAW AND FORUM CHOICE

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. Any legal action or proceeding arising out of or relating to these Terms or the use of the Site or content contained on the Site will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.

11. GENERAL TERMS

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect. Modularity Software Inc.’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. No waiver of any such right or provision will be effective unless it is in writing and signed by a duly authorized representative of Modularity Software Inc.

12. CONTACT INFORMATION

If customer has any questions about these Terms, please contact Modularity Software Inc. at compliance@modularity.ai.