Terms of Service
These Terms are a public offer by Modoos (the “Provider”), the service at modoos.pro (the “Service”), addressed to any person with the legal capacity to enter into it, whether an individual, a sole trader or an organisation (the “User”), who uses it.
1. Subject
1.1. The Provider gives the User access to the Modoos cloud workspace: a computing environment on the Provider’s side in which the User keeps their own materials and carries out tasks using the tools they connect.
1.2. The Service is provided on a subscription basis under the plan chosen by the User, for the billing period paid for.
1.3. Payment for a chosen plan constitutes full and unconditional acceptance of these Terms and forms a contract between the parties on the terms set out here.
2. Plans and payment
2.1. The list of plans, what each includes, the length of the billing period and the price are published on the Service’s website and shown to the User before payment.
2.2. Payment is made online through payment providers engaged by the Provider. The User’s payment details are handled by those providers and are not passed to the Provider.
2.3. Proof of payment is issued to the User as required by applicable law.
2.4. The Provider may change the plans and their prices. Changes do not affect a billing period already paid for.
2.5. The User may switch to another plan at any time by a request made using the Service. On switching, the payment is recalculated in proportion to the unused part of the billing period paid for.
3. How the Service is provided
3.1. Access to the workspace is opened once payment is confirmed and is provided over the internet from the User’s device.
3.2. The User may need their own account with a third-party service. Where this is the case, the User is informed of it and of how to connect that account before payment.
3.3. The Provider keeps the workspace running for the paid period and may carry out maintenance work on the Service.
4. Renewal, cancellation and refunds
4.1. The Service is paid for in advance for a billing period; it is renewed by paying for the next period.
4.2. The User may cancel at any time using the Service. On cancellation the User is refunded the payment for the unused part of the billing period paid for, less the costs actually incurred by the Provider in performing the contract.
4.3. Refunds are made by the same method used for payment, within a reasonable time of the User’s request. Cases of refund provided by applicable law apply alongside those set out in these Terms.
4.4. If the Service cannot be provided for reasons attributable to the Provider, the User may choose between an extension of the paid period and a refund for the unused part of it.
5. What the Service includes and what it does not
5.1. The Service includes access to the workspace to the extent of the chosen plan and its maintenance for the paid period.
5.2. The Service does not include access to third-party services, including artificial intelligence services. The User arranges such access independently and pays their providers directly.
5.3. The Provider is not an agent, partner or authorised representative of any third-party service provider and is not responsible for their decisions regarding the User’s account, for the availability, quality or price of their services, or for changes to their rules.
6. Rights and obligations
6.1. The User confirms that they have the legal capacity to enter into this contract and use the Service in accordance with applicable law.
6.2. The User undertakes not to place in the workspace materials whose circulation is prohibited by law, not to use the Service in ways that infringe the rights of others, and not to create load that impairs the Service or other users.
6.3. The User is responsible for the content of their materials and for keeping their access credentials safe.
6.4. The Provider may suspend or terminate the Service if the User breaches these Terms or the law.
7. User materials
7.1. Materials placed by the User in the workspace belong to the User. The Provider does not use them to train artificial intelligence models and does not pass them to third parties, other than providers engaged by the Provider that act on its instructions and are bound by an obligation of confidentiality, and except where the law expressly requires it.
7.2. Once access ends, the User’s materials are kept for a limited time and are then deleted.
7.3. Personal data is handled in accordance with the Privacy Policy published on the Service’s website.
8. Liability
8.1. The Provider takes reasonable technical and organisational measures to keep the Service running but does not guarantee uninterrupted operation in circumstances beyond its reasonable control.
8.2. The Provider’s liability under this contract is limited to the price of the billing period paid for, except where the law provides otherwise.
8.3. The Provider is not liable for loss of or damage to materials caused by the User’s own actions or by tools the User runs in their workspace.
9. Consumer rights
9.1. These Terms do not limit any rights a User acting as a consumer has under the mandatory consumer protection law applicable to them. Terms that cut those rights down do not apply.
9.2. The User may withdraw from the contract at any time; on withdrawal the parties settle up in the manner set out in clauses 4.2 and 4.3 of these Terms.
10. Final provisions
10.1. The contract takes effect upon acceptance and remains in force until both parties have performed their obligations.
10.2. Disputes are settled through negotiation and, failing agreement, in the manner provided by the law of the country where the Provider is established.
10.3. The Provider may amend these Terms. A new version takes effect when published on the Service’s website and applies to billing periods starting after publication.