Last updated: May 30, 2024
1. Acceptance of Terms
By accessing or using the services provided by Modern Finance Inc., d/b/a ModernLTV, ("Company," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and the Company. If you do not agree to these Terms, you may not access or use our services.
2. Description of Services
The Company provides a software-as-a-service (SaaS) platform that provides data and workflow automation. You understand and agree that our services are evolving and may change over time.
3. Account Registration
To access certain features of our services, you may be required to create an 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 responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Customer Data
You retain all rights, title, and interest in and to any data, information, or materials you submit, post, or otherwise make available to the Company through our services ("Customer Data"). By using our services, you grant the Company a limited, non-exclusive, royalty-free, worldwide license to access, use, process, copy, distribute, perform, display, and create derivative works of Customer Data solely to provide and improve our services.
5. Intellectual Property Rights
The Company and its licensors retain all rights, title, and interest in and to the services, including all software, content, and other materials. These Terms do not grant you any rights to use the Company's trademarks, logos, or other brand elements.
6. Fees and Payment
Our services may be subject to fees as described on our pricing page. You agree to pay all applicable fees for your use of our services. All fees are non-refundable, except as required by law.
7. Termination
You may terminate your use of our services at any time by closing your account. The Company may terminate or suspend your access to the services at any time, with or without cause, and with or without notice.
8. Disclaimer of Warranties
Our services are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; or (d) 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 the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the services (including negligent or wrongful conduct) by you or any other person accessing the services using your account.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the services shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association.
12. Changes to These Terms
The Company reserves the right to modify these Terms at any time, in its sole discretion. Any changes to these Terms will be effective immediately upon posting of the revised Terms on the Company's website. Your continued use of the services following the posting of revised Terms constitutes your acceptance of the changes.
13. Contact Us
If you have any questions about these Terms, please contact us at team@modernltv.com.
