TOS

Effective Date: 09/18/2024

1. Introduction

Welcome to ModShip! These Terms of Service (“Terms”) govern your use of the ModShip device and its associated services. By accessing or using our device, you agree to these Terms. If you do not agree with these Terms, please do not use the device or services.

2. Use of the Device

  • Eligibility: You must be at least 18 years old to use the ModShip device. By using the device, you represent that you meet this requirement.
  • License: ModShip grants you a non-exclusive, non-transferable, revocable license to use the device and its associated apps for personal use only.
  • Prohibited Uses: You may not use the device for any illegal or unauthorized purposes. Prohibited activities include, but are not limited to, engaging in illegal activities, distributing harmful content, introducing malware, and attempting unauthorized access.

3. Account Responsibilities

  • Account Security: You are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account.
  • Accurate Information: You agree to provide accurate and up-to-date information when creating an account or using the device.

4. Payments and Billing

  • Payment: Payments for the device and any associated services or purchases will be handled as described on our [Purchase Page]. Payment methods may include checks or direct deposits.
  • Fees: Any fees associated with the use of the device or services are subject to change. We will notify you of any significant changes to fees.

5. Privacy and Data Protection

  • Privacy Policy: Your use of the device is subject to our [Privacy Policy]. Please review it to understand how we collect, use, and protect your information.
  • Third-Party Apps: We are not responsible for the privacy practices or security of any third-party apps or services accessed through the device. It is your responsibility to review the privacy policies of these third parties.

6. Termination

  • Termination by You: You may terminate your use of the device at any time by discontinuing use and removing the device from your setup.
  • Termination by Us: ModShip reserves the right to suspend or terminate your access to the device and services if you violate these Terms or for any other reason at our discretion.

7. Limitation of Liability

  • No Warranty: The ModShip device and services are provided “as is” without any warranties of any kind, either express or implied. We do not guarantee that the device will meet your requirements or be uninterrupted or error-free.
  • Limitation of Liability: ModShip is not liable for any indirect, incidental, special, or consequential damages arising from your use of the device or services.

8. Indemnification

You agree to indemnify and hold harmless ModShip, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from your use of the device or violation of these Terms.

9. Independent Contractor Acknowledgment

By using ModShip’s services and engaging with the proprietary apps, you acknowledge and agree that you are acting as an independent contractor, not as an employee, agent, or representative of ModShip. ModShip does not control or direct your work and is not responsible for any outcomes related to your use of the platform or third-party apps.

As an independent contractor, you are responsible for complying with all applicable federal, state, and local laws, including those related to taxes, insurance, and employment. ModShip does not provide employee benefits, workers’ compensation, unemployment insurance, or tax withholdings. It is your responsibility to report and remit any income earned through the platform to the relevant tax authorities.

ModShip makes no guarantees regarding the amount of work or income available through its platform, and all earnings are contingent upon user activity and third-party services. This acknowledgment applies to any interactions or work engagements through ModShip’s proprietary or third-party apps..

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Michigan, USA. Any disputes arising from these Terms, or your use of the device shall be resolved in the courts located in Michigan, USA.

11. Human Decency

A. Commitment to Respect

At ModShip, we are committed to fostering a respectful and inclusive environment. All users are expected to interact with others in a manner that reflects basic principles of human decency and mutual respect.

B. Expectations for Behavior

  • Respectful Communication: Users must communicate with others in a courteous and respectful manner. Harassment, discrimination, or abusive language will not be tolerated.
  • Consideration for Others: Users should be considerate of differing perspectives and experiences. Avoid actions or statements that may offend or harm others.

C. Consequences of Violations

  • Immediate Action: Any behavior that violates these standards of human decency may result in immediate action, including but not limited to warnings, suspension, or termination of access to the ModShip device and services.
  • Review Process: Violations will be reviewed on a case-by-case basis, and appropriate measures will be taken to address and resolve the issue.

D. Reporting Violations

  • How to Report: Users who encounter or witness behavior that does not meet these standards are encouraged to report it to ModShip’s support team.
  • Confidentiality: Reports will be handled with discretion and confidentiality, and appropriate action will be taken to address the issue.

E. Our Commitment

We are dedicated to maintaining a positive and respectful community. By using the ModShip device and services, you agree to uphold these standards and contribute to a respectful and inclusive environment for all.

Here are some additional terms and statements that could be relevant for a comprehensive Terms of Service document:

12. User-Generated Content

  • Ownership: Any content created or uploaded by you using the ModShip device remains your property. However, by using the device, you grant ModShip a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for the purpose of providing and improving our services.
  • Content Responsibility: You are solely responsible for the content you create or share. ModShip does not endorse or guarantee the accuracy or reliability of user-generated content.

13. Service Availability

  • Service Interruptions: ModShip does not guarantee uninterrupted or error-free operation of the device or services. We may perform maintenance or updates, which could result in temporary interruptions.
  • Changes to Services: We reserve the right to modify or discontinue any part of the device or services at any time without prior notice.

14. Feedback and Suggestions

  • Feedback: We welcome feedback and suggestions about the ModShip device and services. Any feedback you provide is given voluntarily and ModShip may use it for any purpose without compensation to you.

15. Dispute Resolution

  • Informal Resolution: Before pursuing legal action, you agree to attempt to resolve any disputes informally by contacting ModShip’s customer support.
  • Arbitration: If informal resolution is unsuccessful, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in [Your City/State].

16. Force Majeure

  • Uncontrollable Events: ModShip is not liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, or government actions.

17. Severability

  • Enforceability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

  • Agreement: These Terms constitute the entire agreement between you and ModShip regarding your use of the device and services and supersede any prior agreements or understandings.

19. Assignment

  • Transfer: ModShip may transfer or assign its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations without our prior written consent.

20. No Waiver

  • Non-Waiver: Failure by ModShip to enforce any provision of these Terms does not constitute a waiver of that provision or of any other provision.

21. Changes to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the device after any changes signifies your acceptance of the revised Terms

22. Contact Us

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

  • Email: legal@modship.us

Thank you for choosing ModShip. We look forward to providing you with a valuable and enjoyable experience.