Thank you for selecting the services offered to you by Modisoft Inc Inc. and/or its subsidiaries ("Modisoft Inc," "we," "our," or "us"), on this website. These General Terms of Service together with Modisoft Inc's Privacy Statement provided to you on the website or documentation for the Modisoft Inc services you have selected and the Additional Terms and Conditions for the Services (collectively, the "Agreement") govern your use of this website and the Modisoft Inc online services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based services, content, technology, tools, updates, help content, and new releases (collectively, the "Services"). This Agreement constitutes a legal agreement between you ("you" or "your") and Modisoft Inc. By clicking "I AGREE" and/or accessing or using the Services, you indicate that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Services, and you will not be able to access or use the Services. Your access to or use of any Services may also be subject to your acceptance of separate agreements with Modisoft Inc and/or third parties. This Agreement incorporates by reference applicable program, subscription, activation, ordering and pricing terms provided to you online or offline for the Services selected by you and for other Modisoft Inc services made available to you through these Services, which may be subject to change from time to time. These terms will also govern your continued purchase and use of the Services, including such additional Modisoft Inc internet based services made available to you through the Services you have selected.
Subject to the terms of this Agreement and any applicable payments, Modisoft Inc grants you a personal, limited, nonexclusive, nontransferable license, during the initial term of the subscription and any applicable renewal term or other period of use provided in the activation and ordering terms, to access and use the Services, solely for the purpose described in the Modisoft Inc description for the Services, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you. 2.1 Except as expressly permitted herein or by applicable law, you must not, nor allow a third party to, do any of the following:
The Services are licensed not sold, and Modisoft Inc reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. Modisoft Inc and its licensors, where applicable, own all right, title and interest in and to the Services (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the Services by whomever made. Modisoft Inc does not grant any license or other authorization to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property.
If the Services are purchased by you on a payment or subscription basis, as selected by you, the following terms will apply to you. Payments are paid in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Services you have selected. The Services will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Services and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Services. Access to the Services will begin
If you registered for a trial use of the Services ("Trial Period"), you will have the entire Trial Period within which to purchase the Services you are using in order to retain any Content (as defined below in Section 9) that you have posted, uploaded or entered into websites made available through the Services during the Trial Period. If you have not purchased the Services by the end of the Trial Period, all of the Content will be deleted. Modisoft Inc is not responsible for any damages to you in the event you decide not to purchase the Services and Modisoft Inc deletes the Content after the Trial Period expires. BY YOUR USE OF THE TRIAL VERSION OF THE SERVICES YOU UNDERSTAND AND AGREE THAT AFTER THE AMOUNT OF TIME SPECIFIED IN THE WEBSITE OR DISCLOSED DURING THE ORDERING PROCESS FOR THE SERVICES YOU HAVE PURCHASED, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SERVICES OR ANY DATA YOU HAVE ENTERED INTO SUCH SERVICES UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SERVICES.
Your registration information to use the Services must be accurate, current and complete as prompted in the sign-up process (the "Registration Data"). If you provide any Registration Data that is not accurate, current or complete, and do not promptly update your Registration Data, or Modisoft Inc has reasonable grounds to suspect it is not accurate, current or complete, Modisoft Inc may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion.
COMMUNICATION, CONDUCT, CONTENT IF The Services may include a feature that allows you to exchange helpful information with other users of the Services and the public. Internet access is required to use these communication facilities. Please respect and interact with other users as you would in any public arena when using such features. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other users' communication sessions. Modisoft Inc does not endorse and is not responsible for the accuracy of the content in these facilities, and will not be liable for any damages incurred as a result of the submission, viewing or use of any such content. Users may post hypertext links to content hosted and maintained by third parties. Modisoft Inc has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk. Do not reveal information that you do not want to make public. You also agree to comply with applicable Modisoft Inc discussion board policies made available to you for the Services you have selected.
You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Modisoft Inc ("Modisoft Inc Services"). If you decide to use Modisoft Inc Services, you may be subject to additional terms and conditions governing these Modisoft Inc Services and separate fees may apply. You acknowledge that in accessing certain Modisoft Inc Services through the Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Modisoft Inc permission to use information about your business and usage experience to enable us to provide the Modisoft Inc Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Modisoft Inc may provide to you in the future. You also grant Modisoft Inc permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Modisoft Inc offerings to you and others.
LIMITATION OF LIABILITY AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF MODISOFT INC, ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM THE REGISTERED USER FOR THE SERVICES TO MODISOFT INC, ITS AFFILIATES OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODISOFT INC, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MODISOFT INC SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MODISOFT INC, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MODISOFT INC AND YOU. MODISOFT INC WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
Modisoft Inc may change this Agreement from time to time effective upon posting of the modified Agreement on its website. Please review the Agreement periodically on this website for changes. Modisoft Inc has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, including but not limited to, Internet based services, pricing, technical support options, and other product-related policies, upon reasonable notice, including but not limited to posting information concerning such change in the Services selected by you or on an Modisoft Inc sponsored website. Your continued use of the Services after Modisoft Inc's publication of any such changes shall constitute your acceptance of this Agreement as modified.
Your rights under this Agreement may be terminated or suspended by Modisoft Inc immediately and without notice if you or any of your authorized users fail to comply with any terms of this Agreement or you no longer consent to receive electronic Communications in accordance with Section 13. Upon termination you must immediately cease using the Services and all outstanding payments will become due and owing. Any termination of this Agreement shall not affect Modisoft Inc's rights hereunder. Modisoft Inc may terminate a free account at any time in its sole discretion. Other terms regarding termination or expiration of the Services may apply in accordance with the activation and ordering terms for the specific Services you have selected. If you choose to cancel your account or any part of the Services, you must do so in accordance with the activation and ordering terms for the specific Services you have selected.
You acknowledge that this website, the Services, and the software made a part of the Services are subject to U.S. export control regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Services, directly or indirectly, in violation the U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to such U.S. export regulations.
In connection with your use of the Services, you may be made aware of services, products, offers and promotions provided by third parties who are not affiliated with Modisoft Inc ("Third Party Products"). If you decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third Party Products. You authorize Modisoft Inc to use and disclose your contact information, including name and address, for the purpose of making the Third Party Products you choose available to you. You agree that the third party, and not Modisoft Inc, is responsible for the performance of the Third Party Products. The Services may contain or reference links to websites operated by third parties ("Third Party Websites"). Modisoft Inc is not responsible for the content of, nor any link contained in such Third Party Websites. The inclusion of any Third Party Website link in the Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Modisoft Inc of any data contained in, or services made available through any Third Party Website. You acknowledge that linked Third Party Websites may contain terms and privacy policies that are different from those of Modisoft Inc. Modisoft Inc expressly disclaims any liability for use of such Third Party Products and Third Party Websites.
GOVERNMENT. The software that forms a part of the Services is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government end users who access or use the Services, acquire a license to use the software with only those rights set forth herein.
This Agreement is the complete agreement between you and Modisoft Inc and sets forth the entire liability of Modisoft Inc, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Services and its use. Any modification or waiver of the terms herein by Modisoft Inc must be in a writing signed by an authorized representative of Modisoft Inc and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Modisoft Inc, but may be assigned without your consent by Modisoft Inc to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Services, in whole or in part, (c) a successor by merger. Any assignment in violation of this Section will be void. This Agreement will be governed by California law, without regard to its conflicts of laws principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California.
Customers will be responsible to properly define and review departments, category, tax rates and other settings related to their price book and other areas. Monodist Inc. will not be liable for any loss or over payments to any party by the customer including any error which might arise in calculation of state taxes, federal taxes or payroll taxes, due to improper account settings.
Any replacement request for replacement of equipment and hardware purchased through our online shopping portal, will need to be made within 10 calendar days of receiving the delivery of equipment. Modisoft Inc will forward same request to the distributor. Ultimate decision to replace the equipment would be with the distributor of the subject equipment. Modisoft Inc. will not be liable for any rejection by the distributor to replace the equipment. Customer would be responsible to ship back the equipment to distributor with its original packing and complete set of parts.
ModiPOS Customers opting to avail merchant account services from third party processing companies , to integrate with ModiPOs will be required to pay additional fee/charges on per terminal basis.
Modisoft Supplemental License And Terms Of Services
Thank you for selecting Modisoft software (the "Software"). This license agreement in addition to the Modisoft Inc Terms of Service (the "Agreement") is a legal agreement between the Licensee, a single legal entity identified in the registration process provided as part of the start-up interview ("Licensee", "you"), and Modisoft Inc Inc. ("Modisoft Inc," "we", "our" or "us").
By clicking "ACCEPT", Licensee indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the "ACCEPT" button is an individual working for Licensee ("Agent"), such person is agreeing to the terms and conditions of this Agreement on behalf of Licensee and certifies that he/she is an Agent of Licensee and has all necessary authority to act on Licensee's behalf, including to bind Licensee to the terms and conditions of this Agreement.
Licensee does not agree to the terms of the Agreement, Licensee is not granted any rights whatsoever in the Software. If Licensee is not willing to be bound by these terms and conditions, Licensee should not click on the "ACCEPT" button, and may not access or otherwise use the Software or Services.
The Software is licensed on a monthly subscription basis, as selected by Licensee or its agent. Subscription Policy
There is no free/trial period for data entry
Licensee may notify Modisoft Inc to cancel the subscription prior to the beginning of each Renewal Term. Licensee's rights to use the Software may be terminated by Modisoft Inc immediately and without notice if Modisoft Inc is unable to debit Licensee's or its agent's Card in accordance with this Agreement.
Licensee acknowledges and agrees that in order to provide Licensee with access to and use of the Software and Services, Modisoft Inc may provide Licensee Access Information and Account Data to
Licensee grants Modisoft Inc permission to aggregate any previous and/or future uploaded, non-personally identifiable account data with that of other users of the Service. You permit Modisoft Inc to use that aggregated data to improve services, issue promotions, and provide ways for you to compare business practices with other users.
Modisoft Inc shall have the right, in its sole discretion and with reasonable notice posted on the Modisoft site and/or sent to Licensee at the Current Administrator's email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to