This page explains our terms of service, which contain important information about your legal rights. When you use Modus, you are agreeing to these terms. To help make them easier to understand, we've also included annotations through italic. The annotations aren't part of the official terms and have no legal effect but are intended to help you follow the text.
Hello and welcome to Modus' Terms of Service!
These Terms of Service ("Terms") cover your use of and access to the products, applications, tools, services and features (collectively, the "Services") provided by Modus (also referred to as “we” “us” and “our”) on the website and associated domains of www.modusai.app and on Modus mobile and other applications.
Please read this Agreement carefully. It includes important information about your legal rights.
By using or accessing the Services, you are agreeing to these Terms and our Acceptable Use Policy(together called the “Agreement”). If you are using the Services for or on behalf of an organization, you are agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don't agree to all the terms in this Agreement, you may not use or access the Services.
We at Modus have tried our best to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
Make sure your account information is accurate and that your account is safe. You are responsible for your account and any activity on it.
1.1 18 years+: You need to be 18 Years or older to create an account. If younger than 18 you may only use the Service under adult supervision.
1.2 Trial Use: We are allowing you a trial number of free summaries when you first use the Services. The number of free summaries may be subject to change and may be frequently reset in the first year of our operation as we trial the Services with you.
1.3 Signing Up: After you have run out of your free summaries for the month, use of the Services will end, and you will be invited to upgrade to one of our plans (Pricing). You agree to provide us with accurate, complete and at all times up to date information for your Account. We may need this information to contact you.
1.4 Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or passwords and other authentication credentials (collectively, "passwords"). You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your passwords. We are not liable for any acts or omissions by you or anyone else in connection with your Account. You are encouraged to immediately notify us if you know or have any reason to suspect that your Account or passwords have been stolen, compromised or in case of any actual or suspected unauthorised use of your Account.
2.1 Your User Content Stays Yours. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively referred to as “User Content.” You “own” all Input, and subject to your compliance with these Terms, we assign to you all the right, title and interest in and to Output. User Content may be used as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for your User Content, including for ensuring that it does not violate any applicable law or these Terms.
2.2 Use of Content to Improve Services. A benefit of machine learning models is that they can be improved over time. To help improve the Services, you agree that Your Content may be used to develop and improve the Services.
2.3 Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Modus or a third party. For example, you may provide input to a model such as “What color is the moon?” and receive output such as “The sky is white.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered User Content.
2.4 Reliance on Outputs: It remains your responsibility to check all Outputs produced from the Modus Services before use and to ensure that these are suitable for your specific purpose and application. If you or anyone else is relying on the Outputs from the Services, then you should ensure content is verified from another reliable source. Output generated through Modus Services is the result of machine learning and is dependent on inputs from yourself and others.
You are responsible for the content you publish on Modus, and you vouch to us that it's all okay to use. Please follow our rules and don't do anything illegal with the services.
3.1 Follow the Law. You represent and warrant that your use of the Services is in compliance with applicable laws.
3.2 Share Responsibly. You are allowed to share the User Content and the responses provided by Modus including without limitation on social media and the open web, so please think carefully about your User Content. We are not responsible for what you share via the Services
3.3 Comply With Our Acceptable Use Policy. You must comply with our Acceptable Use Policy, which forms a part of this Agreement. You represent and warrant that your User Content and your use of the Services complies with our Acceptable Use Policy.
4.1 OpenAI technology. OpenAI provide the foundations of our Services. OpenAI is an AI research and deployment company whose mission is to ensure that artificial general intelligence benefits all of humanity.
4.2 Other Third Party Services. The Services are also integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include OpenAI, social media platforms, eCommerce Payment Processors and other integration partners and service providers. These Third Party Services have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from you will be subject to such Third Party Service's terms and service, privacy notice, or similar terms, and will not be subject to our Privacy Policy.
4.3 Use of Hotjar. We use Hotjar to better understand our users’ needs and to optimise this service and experience. Hotjar is a technology service that helps us better understand our users' experience (e.g., how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymised user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the 'about Hotjar' section of Hotjar’s support site.
4.4 Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don't control and aren't liable for those sites and what those third parties do.
Modus is protected by various intellectual property laws. This section summarizes what we own and how we share.
5.1 Our modusai.app website is our copyright property. Excluding third party owned intellectual property, all rights in our modusai.app website and website content including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to us and/or our content and technology providers.
5.2 OpenAI technology. We disclose that OpenAI technology that underpins our Services is not our intellectual property. Read the OpenAI Charter.
5.3 We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.4 Our Demo Content. We may provide you with the opportunity to use the Services of Modus without first creating an account. This will be through a number of free uses of the services to allow new uses to understand the Service that Modus provides. Modus gives permission to anyone using that Demo Content to publicly distribute the content or a distribution of any part of it.
5.5 Our Betas Are Still In Beta. We may release products and features that we are still testing and evaluating. Those Services will be marked as beta, preview or early access (or similar phrasing), and may not be as reliable as our other Services.
To operate effectively and protect the security and integrity of Modus, we need to maintain control over our services.
6.1 Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
Our Privacy Policy explains how we collect, use your personal information of our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change.
7.1 Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.
Modus is a paid service. This section explains how we handle payments for the service. For the paid service, we will automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that any time.
8.1 Fees. You can access the full version of Modus by submitting a fee payment. The Paid Service will remain in effect until cancelled or terminated in accordance with this Agreement. We will tell you about fees for the Paid Service before charging you. You may cancel the Paid Service at any time via Manage Subscription. If you don’t pay for the Paid Service on time, we reserve the right to suspend or cancel your access to the Paid Service. Transaction fees and additional fees may also apply at times, however we will ensure that you are notified about those fees before charging you.
8.2 Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and if legally required we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. The name and address in your account registration will be the place of supply for tax purposes.
8.3 Automatic Subscription Renewals. To ensure uninterrupted service, we will automatically bill you for the Paid Service from the date you submit your initial payment and on each renewal period, one (1) month, or amount afterwards until cancellation. We will automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. You can disable auto-renewal at any time via cancelling your Modus subscription at Manage Subscription.
8.4 Refunds. While you may cancel the Paid Service at any time, you won’t be issued a refund as it is not legally required. The Paid Service does not offer a free trial.
8.5 Fee Changes. We may change our fees at any time. We will provide you with advance notice of these fee changes via the Services. If you don’t agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
8.6 Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
8.7 Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
Either of us can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via your Account. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will endeavour to provide you reasonable notice upon suspending, or terminating part or all of the Services.
If something bad happens as a result of your use of Modus, our liability is capped.
10.1 Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including User Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
10.2 Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
10.3 Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.4 Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers and/or limitations of liability in this section, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
10.5 NO CLASS ACTIONS. Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim.
11.1 If any provision of this Agreement is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
11.2 Subject to any local laws that cannot be excluded, this Agreement is governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
11.3 If we fail to enforce any of our rights under, that does not mean we waive those rights. If you fail to enforce any of your rights under this Agreement, that does not mean you waive those rights.
11.4 The terms in this Agreement are personal to you and you may not assign or otherwise transfer any rights under this Agreement without our prior written consent. We may assign or otherwise transfer our rights and obligations under this Agreement as we require.
11.5 The terms of this Agreement govern any upgrades provided by us that replace and/or supplement the original Services, unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgrade.
This Acceptable Use Policy outlines examples of prohibited conduct in connection with our Services. Note that any capitalised terms not defined in this Acceptable Use Policy have the meanings set out in our Terms of Service. If you have any comments or questions about this Acceptable Use Policy, feel free to contact us.
Our Services are used by people around the world for their respective benefit. We are proud of the creative and inspiring ways that people use our Services, but we expect our users to use our platform responsibly. As a Modus user, you agree not misuse the Services or help anyone else do so. Below are some of the guidelines for what you should not do with the Services.
1. Abusing And Disrupting the Services
1.1 Don't probe, scan or test the vulnerability of any system or network.
1.2 Don't breach or otherwise bypass any security or authentication measures.
1.3 Don't access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to access.
1.4 Don't use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.
1.5 Don’t interfere with or disrupt any user, host or network (whether it’s Modus' or someone else’s), for example by distributing malware or overloading, flooding or mail-bombing any part of the Services.
1.6 Don’t take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
1.7 Don’t access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling).
1.8 Don’t take action that imposes an unreasonable load on our infrastructure or our third party providers. We reserve the right to determine what’s reasonable.
1.9 Don’t provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials.
1.10 Don’t avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological or other measure used by Modus or any other party (including another user) intended to protect the Services.
1.11 Don’t remove any copyright or other proprietary notices from the Services.
2. No wide scale competition with OpenAI
2.1 Don’t use the Services to develop foundation models or other large scale models that compete with OpenAI.
3. Machine generated outputs
3.1 Don’t represent that outputs from the Services are human-generated when it is not.
4. Deceiving And Impersonating Others
4.1 Don't do anything that's false, fraudulent, inaccurate or deceiving.
4.2 Don't impersonate another person, or entity.
5. Stealing
5.1 Don't use unauthorised credit cards, debit cards or other unauthorised payment devices on the Services.
5.2 Don't sell the Services unless specifically authorised to do so or publish or us the Services on any network or system other than those provided by Modus unless previously authorised by Modus.
6. Infringing, Misappropriating and Violating Rights
6.1 Don't infringe or misappropriate anyone's copyright, trademark or other intellectual property rights.
6.2 Don't violate anyone's privacy or publicity rights.
7. Other Improper or Illegal Conduct
7.1 Don't violate any laws through the Services, including without limitation all local laws regarding online conduct and acceptable content.
We also incorporate the following OpenAI policies into own Acceptable Use Policy and require you to comply with their terms:
OpenAI Usage policies
Sharing & Publication Policy
If we conclude, in our discretion, that you have misused the Services, we may take action against your Account. We try to ensure fair outcomes, but in all cases, we reserve the right to remove any content or suspend or terminate your Account, without any refund of any amounts paid for the Services, without liability or notice to you, at any time and for any reason (expect where prohibited by applicable law). We reserve the right to enforce, or not enforce this Acceptable Use Policy in our sole discretion.
You can report violations of these guidelines to us directly by emailing.
tom@modusai.app
We may modify this Acceptable Use Policy from time to time and will post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you in accordance with the procedures set out in our Terms of Service.