Terms of Service effective March 2024

Skip to content Series D: $1B in annualized run rate, new funding, and where Modal goes next. Learn more

MODAL TERMS OF SERVICE - ARCHIVED VERSION

Effective March 26th, 2024.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE OFFERED BY MODAL LABS, INC. (“MODAL”). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH COMPANY WHICH REFERENCE THESE TERMS (EACH, A “SERVICE ORDER”) OR BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU (“YOU” OR “CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL SERVICE DESCRIPTIONS AND/OR ORDER FORMS, IF ANY, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, REFERENCES TO “CUSTOMER” AND “YOU” IN THIS AGREEMENT, EXCEPT THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

• SCOPE OF SERVICE AND RESTRICTIONS Access and Scope of Service. Subject to Customer’s compliance with the terms and conditions of the Agreement, including use in accordance with the applicable Service Description and, if applicable, Modal’s receipt of the applicable Fees with respect to the service specified in the corresponding Service Order (the “Service”), Modal will use commercially reasonable efforts to make the Service available to Customer as set forth in this Agreement and the Service Description and/or Service Order. Subject to Customer’s compliance with the terms and conditions of the Agreement, Customer may access and use the Service during the period specified in the Service Description or Service Order, if applicable. Any such use of the Service by Customer is solely for Customer’s internal business. Notwithstanding the foregoing, Customer may use the Service with respect to third party data, and such third-party data shall be considered Customer Data.
• Service Description. Customer’s use of the Services shall at all times be limited and subject to the use limitations and authorizations as specified within Modal’s published listing currently located at the following URL https://modal.com/pricing for the Service (the “Service Description”).
• Modifications. In the absence of any conflicting terms defined within a committed Service Order, Customer acknowledges and agrees that Modal may discontinue or terminate the Service at any time and for any reason or modify the applicable terms by publishing a notice on the Modal website or by other means to the extent required by applicable law.
• Trial Use. If Customer is accessing or making use of the Service on a trial basis (the “Trial Use”) as identified in the corresponding Service Order, or as presented to Customer in connection with such trial basis or per an applicable Service Description (the “Trial Use Limitations”), Customer may use the Service consistent with the Trial Use Limitations provided such use does not to exceed the Service levels or related entitlements set forth in the Trial Use Limitations. Customer acknowledges and agrees that the Trial Use is provided on an “as-is” basis and the Trial Use is provided without any indemnification, support, warranties or representation of any kind. Further, Trial Use may be subject to certain additional