Terms of Service

1. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Service. By using the Service, you represent that you meet this age requirement. If you are under 18, you must have permission from a parent or legal guardian.

2. Account registration

To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect unauthorised access to your account.

3. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Send spam, unsolicited messages, or engage in harassment, abuse, or threatening behaviour.
• Upload or share content that infringes intellectual property rights, contains malware, or violates the privacy of others.
• Attempt to gain unauthorised access to the Service, other user accounts, or our systems.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use automated means (bots, scrapers, crawlers) to access the Service without our written permission.
• Share your account credentials or allow others to use your account.
• Upload content depicting the exploitation of minors.

We reserve the right to suspend or terminate accounts that violate these terms at our sole discretion.

4. User content

You retain ownership of the content you create and share through the Service (messages, files, images, notes, etc.). By using the Service, you grant us a limited licence to store, transmit, process, and display your content solely for the purpose of operating and providing the Service to you and your recipients.

You are solely responsible for the content you share. We do not pre-screen content but may remove content that violates these Terms or applicable law.

5. Subscriptions and billing

Modgee offers free and paid subscription tiers. Paid features include expanded storage, AI memory, and additional capabilities.

• Modgee sells digital software services only. We do not sell or ship physical goods.
• Paid subscriptions are billed on a recurring basis (monthly or annually) through our payment processor, Stripe.
• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
• We do not offer refunds for partial billing periods unless required by applicable law.
• We reserve the right to change pricing with 30 days' notice to active subscribers.
• Subscriber-only content and features are digital access entitlements tied to your active subscription.

6. Intellectual property

The Service, including its design, code, trademarks, logos, and documentation, is owned by us and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use the Modgee name, logo, or branding without our prior written consent.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

8. Service availability

We strive to keep the Service available at all times but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We will endeavour to notify users in advance of planned downtime where possible.

9. Termination

You may delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms, engage in harmful behaviour, or if required by law. Upon termination, your right to use the Service ceases immediately. We may retain certain data as described in our Privacy Policy.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted.

11. Limitation of liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Our total liability for any claim arising from or related to these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or the Service shall be resolved in the courts of New South Wales, Australia.

14. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the Service and updating the effective date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

15. Contact us

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

• General support: [email protected]
• Legal: [email protected]
• Privacy: [email protected]