Terms of Service

LAST UPDATED JANUARY 2024

 

These terms and conditions of use (“Terms of Use”) cover your use of and access to the website located at www.modobio.com (“Site”), which is owned and operated by Big Dog Energy Limited t/a Modo Bio and its affiliates (collectively, “Modo Bio”, “we”, “us”, or “our”), our applications (including mobile applications), software, APIs, and any other product or service provided by Modo Bio in connection with wearable device technology (together, the “Services”).  We are incorporated in Ireland, under company number 753952.

Information about us and how to contact us. You can contact us in writing at privacy@modobio and Modo Bio PO Box 13686 Glenageary Co Dublin Ireland.  If we have to contact you, we will do so by email at the email address you provided to us when subscribing to our Services.

Our Services. Modo Bio is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information received through the client’s wearable device.

Nature of our Services. Modo Bio does not provide health care services.  At your direction, Modo Bio will make its technology and other non-medical services available to the health care professional(s) of your choosing and with your consent in order for such health care professional(s) to use our platform to provide you with clinical and wellness services.  The Services are not suitable for acute health problems and are especially not suitable for emergencies. If you have an urgent medical emergency, you should call emergency services immediately. Our Services do not replace nor are they a substitute for your health provider.

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations including how our Services are provided to you, ending the contract, what to do if there is a problem and other important information. Feel free to contact us if you have any questions about these Terms of Use.

By using or accessing this Site and/or Services, you are agreeing to these Terms of Use and our Privacy Policy. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Use to mean users and visitors of this Site. If you do not agree to these Terms of Use, you should not use or access this Site.

Other terms may apply to you. Modo Bio may operate additional projects or services which require separate or additional terms. In such cases, you agree to be further bound by the terms specific to the additional project or service, and such terms shall control to the extent there is a conflict with these Terms of Use.  Please also review our Privacy Policy. 

Account

How we will accept your subscription. Parts of the platform will require a subscription for use.  In order to access and use those parts of the Services, you must first download the platform’s mobile application through either the Apple App Store or Google Play (each, “App Store”) and then create an account (“Account”) and provide certain registration details or other information, as further detailed in our Privacy Policy. Our acceptance of your subscription will take place when you hit the download button, at which point a contract will come into existence between you and us.   By creating an Account, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Services will be in compliance with applicable laws and regulations and does not violate any applicable law or regulation and (iv) you are 18 years of age.

If we cannot accept your subscription. In the unlikely event that we are unable to accept your subscription, we will inform you of this and will not charge you.  If you have paid the subscription fee, we will arrange a refund which will usually be made within 5 to 10 business days.

Some of our Services will be available by “appointment basis,” which may require you to create an Account as well.  These Services will be subject to the terms that are provided to you at the time you book the appointment. 

Your must keep your log in credentials safe You agree that you will not distribute your login credentials to any other person or authorize the use of your Account by any other person, and that you will not solicit, collect, or use the login credentials of other users. You agree that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person. Any unauthorized use of your Account by any third party is subject to these Terms of Use as though you were using the Account.  If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

We may make changes to these Terms. At all times, your Account will be governed by the current version of these Terms of Use, including any revisions made since your last use of your Account. We may make changes to these Terms from time to time. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. Please check these Terms of Use to ensure you understand the terms that apply at that time.

Access to your Account Modo Bio reserves the right to terminate your Account or restrict or refuse access to your Account or the Services, or to delete any content posted through your Account, with or without notice, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use . If your Account is terminated or otherwise deactivated, whether by Modo Bio, yourself, or anyone else, your data will no longer be accessible through your Account, but that data may persist and appear within the Services, as permitted by data protection laws. Nevertheless, Modo Bio has no obligation to retain any data associated with your Account following termination or deactivation of the Account.

Medical Information

The Services may contain general information related to medical conditions, research, testing, and treatment, and other health care topics. Any such information is provided for informational purposes only. The receipt of any such information does not create a professional relationship between you and Modo Bio. THE SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Modo Bio is not responsible for the quality and appropriateness of the Clinical and Wellness Services or the care the Clinical and Wellness Providers render to you. The doctor-patient relationship (or other similar relationship between you and a medical or wellness professional) is between you and the Clinical and Wellness Provider. Your interactions with the Clinical and Wellness Providers via Telehealth Consultations are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither Modo Bio, nor any of its subsidiaries or affiliates or any third party who may promote the Clinical and Wellness Services, shall be liable for any professional advice obtained from a Clinical and Wellness Provider via Telehealth Consultation, or any information obtained on the Clinical and Wellness Services. We are not responsible for delays outside our control. If our Services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable or responsible for such delays.

Our obligations. We have a legal obligation to protect all customer confidential data, including all medical information. We cannot share patient confidential data with third parties without your explicit consent.

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and applications in order to access our Services.

Reasons we may suspend use of our Services. We may have to suspend our Services to:

  1. deal with technical problems or make minor technical changes;
  2. update the Services to reflect changes in relevant laws and regulatory requirements.
  3. if you do not pay the Subscription Fee.

Your rights if we suspend use of our Services. In the unlikely event we will be suspending our Services, we will contact you in advance to tell you unless the problem is urgent or an emergency or for routine maintenance carried out outside of usual business hours.

 

Billing and payment

Where to find the price. The price of the Services will be the price indicated in the App Store when you subscribe (the “Subscription Fee”).

Subscription Fee. Upon your approval of such charges, the App Store will charge a monthly or yearly subscription fee (the “Subscription Fee”) for access and use of the platform and other Services pursuant to such App Store’s online terms of service, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html (Apple App Store) and https://play.google.com/intl/en-US_us/about/play-terms/index.html (Google Play store).

Automatic renewal. Your subscription automatically renews at the end of each subscription term if you do not terminate your subscription prior to the end of the subscription term.

YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BEING CHARGED THE SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. ANY AND ALL REQUESTS FOR SUBSCRIPTION CANCELLATION SHALL BE SUBMITTED TO THE APP STORE PURSUANT TO ITS TERMS OF USE. FOR ADDITIONAL INFORMATION REGARDING CANCELLING YOUR SUBSCRIPTION, PLEASE SEE THE CANCELLATION POLICY BELOW.

User Conduct and Responsibilities

  • You agree that you will not use the Services or any Modo Bio Materials (as defined below) for any purpose that is unlawful or prohibited by these Terms of Use.

 

You agree that you will only provide information in connection with any and all other uses of the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.Additionally, you agree not to, without limitation:

 

  • Use any content or information available on this Site or Services for any unauthorized purpose;
  • Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
  • Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site or Services;
  • Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses this Site or Services;
  • Make any statements, express or implied, that you are endorsed by Modo Bio without our specific prior written consent;
  • Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
  • Assist any third party in engaging in any activity prohibited by these Terms of Use.

 

You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services. In addition, you agree not to, without limitation, upload, post, submit, publish, transmit, or display in connection with the Services, any information or material that:

  • you do not own or do not have the right to post, including proprietary material of any third party;
  • breaches any agreement with any other person or entity;
  • violates any law or may be considered to violate any law; or
  • threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable.

 Modo Bio reserves the right to remove, block, and/or monitor, without notice, any accounts that Modo Bio considers, for any reason, to violate these Terms of Use or to be outside the subject scope of the Services. In addition, Modo Bio reserves the right to force forfeiture of any username for any reason. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing acceptable use requirements, we may take any action we deem necessary to cure or prevent the violation.

 You represent, warrant, and agree that you will comply with the above acceptable use requirements.

 

License

You hereby grant to Modo Bio a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate such data in other works in any form, media, or technology now known or later developed. Modo Bio shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services. You represent and warrant that you have proper authority to grant this license.

Modo Bio Materials

The Site and Services may contain text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, databases, logos, domain names, trade names, and similar content (collectively, “Modo Bio Materials”). Unless otherwise expressly identified, Modo Bio Materials are owned by us or by our third-party licensors. Modo Bio Materials may be protected by United States and international copyright, trademark, patient, trade secret and other laws. As between you and Modo Bio, Modo Bio owns and retains all rights in the Modo Bio Materials and the Services. You may use and download Modo Bio Materials solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted by Modo Bio, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Modo Bio Materials, nor may you sell, transfer, or otherwise use the Services or Modo Bio Materials in commerce or for any public or commercial endeavor without our prior and express written consent. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights of Modo Bio, whether by estoppel, implication, or otherwise. We may in our sole discretion make changes to Modo Bio Materials at any time without notice.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which describes our collection, storage, use, disclosure, and transfer of information about users of the Services. The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms of Use.  We reserve the right to modify our Privacy Policy from time to time.

Non-confidentiality

Except as otherwise described in the Privacy Policy, and subject to applicable law, as between you and Modo Bio, all data or information you provide in connection with your use of the Services is non-confidential and non-proprietary and we will not be liable for any use or disclosure of such data. You acknowledge and agree that your relationship with Modo Bio is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any data does not place Modo Bio in a position that is any different from the position held by members of the general public, including with regard to such data.

Linking and Third Parties

The Services or communications you receive from the Services may contain links to third-party websites, applications, or features (together, the “Third Party Services”). In addition, some of the Services may permit interactions between the Services and Third Party Services. Modo Bio does not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Modo Bio’s endorsement of or affiliation with that third party. You acknowledge and agree that Modo Bio has no responsibility or liability for any such Third Party Services. Your correspondence and dealings with third parties found through the Services are solely between you and the third party. By using such Third Party Services, you acknowledge and agree that: (i) if you use the Third Party Services to share information, you consent to information about your profile on the Services being shared; (ii) your use of Third Party Services may cause personal information to be publicly disclosed and/or associated with you, even if Modo Bio itself has not provided such information; and (iii) your use of Third Party Services is at your own option and risk, and you will hold the Modo Bio Parties (defined below) harmless for activity related to the Third Party Services.

Disclaimer

Your privacy is important to us. Please review our Privacy Policy, which describes our collection, storage, use, disclosure, and transfer of information about users of the Services. The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms of Use. We reserve the right to modify our Privacy Policy from time to time.

Non-Confidentiality

Except as otherwise described in the Privacy Policy, and subject to applicable law, as between you and Company, all data or information you provide in connection with your use of the Services is non-confidential and non-proprietary and we will not be liable for any use or disclosure of such data. You acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any data does not place Company in a position that is any different from the position held by members of the general public, including with regard to such data.

Linking and Third Parties

The Services or communications you receive from the Services may contain links to third-party websites, applications, or features (together, the “Third Party Services”). In addition, some of the Services may permit interactions between the Services and Third Party Services. Company does not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Company’s endorsement of or affiliation with that third party. You acknowledge and agree that Company has no responsibility or liability for any such Third Party Services. Your correspondence and dealings with third parties found through the Services are solely between you and the third party. By using such Third Party Services, you acknowledge and agree that: (i) if you use the Third Party Services to share information, you consent to information about your profile on the Services being shared; (ii) your use of Third Party Services may cause personal information to be publicly disclosed and/or associated with you, even if Company itself has not provided such information; and (iii) your use of Third Party Services is at your own option and risk, and you will hold the Company Parties (defined below) harmless for activity related to the Third Party Services.

Disclaimer

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES) EVEN IF MODO BIO HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, MODO BIO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “MODO BIO PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE MODO BIO MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,   

NO INFORMATION PROVIDED VIA THE SERVICES, OR BY THE MODO BIO PARTIES, SHALL CREATE ANY WARRANTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MODO BIO PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES OR THE MODO BIO MATERIALS; ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; iii) THAT THE SERVICES OR THE MODO BIO MATERIALS WILL MEET YOUR NEEDS OR EXPECTATIONS; iv) AS TO THE QUALITY OR VALUE OF ANY OF MODO BIO’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; v) AS TO THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION, ANY LOSS, AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES; OR vi) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.

THE MODO BIO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MODO BIO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

 

Our responsibility for loss or damage suffered by you


We are responsible to you for foreseeable loss and damage caused by us
. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or where it would otherwise be unlawful to do so.

However, to the fullest extent permitted by applicable law, under no circumstances are we liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Subscription Service regardless of the form of action.

Digital Content If defective digital content which we have supplied damages your device and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice.

To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our services.

Viruses and damage to computer equipment:  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any digital content associated with it.

You further acknowledge that the Internet may be subject to security breaches, and as such, submission of your data or other information may not be secure.. You are solely responsible for your interactions with other users of the Services, whether online or offline. You agree that the Modo Bio Parties have no responsibility or liability whatsoever for the conduct of any user.

Indemnification

You (and any third party on whose behalf you operate an Account or activity on the Services) agree to indemnify, defend, and hold harmless the Modo Bio Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authority, or (v) any misrepresentation made by you. You agree that the Modo Bio Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Modo Bio Parties in connection therewith. You also agree to indemnify, defend, and hold harmless the Modo Bio Parties from and against any claims brought by third parties arising out of your use of the Services, your violation of these Terms of Use, or the infringement by you or made under your Account, of any intellectual property or other right of any person or entity. You will cooperate as fully required by Modo Bio in the defense of any claim. The Modo Bio Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Modo Bio Parties. You shall not settle any dispute subject to your indemnification under these Terms of Use without written consent from Modo Bio. You will not settle any claim without the prior written consent of Modo Bio.

Dispute Resolution

You have several options to resolve disputes with us.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to EU Online Dispute Resolution (ODR) platform through their website at Online Dispute Resolution | European Commission (europa.eu) The ODR does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.

Your right to end the contract 

You can always end your subscription with us:

  • If you decide to cancel your subscription before the term ends.

You may terminate your use of the Services at any time. If you wish to terminate your access to the platform and/or Services, go to the settings cogwheel on the bottom navigation bar of the mobile application, click Manage Account, then Close Account, and then click the red button at bottom of the page labeled “Close My Account.” PLEASE NOTE, CLICKING “CLOSE MY ACCOUNT” WILL NOT CANCEL YOUR SUBSCRIPTION(S) FROM THE SERVICES. TO CANCEL YOUR SUBSCRIPTION(S), PLEASE SEE THE PROCEDURE SET FORTH BELOW.

IF YOU WISH TO CANCEL YOUR SUBSCRIPTION(S) WITH MODO BIO , YOU MUST FOLLOW THE CANCELLATION PROCESS PURSUANT TO THE APPLICABLE APP STORE’S TERMS OF SERVICE, WHICH CAN BE FOUND AT HTTPS://WWW.APPLE.COM/LEGAL/INTERNET-SERVICES/ITUNES/US/TERMS.HTML (APPLE APP STORE) AND HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS/INDEX.HTML (GOOGLE PLAY STORE). IF YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION TO THE PLATFORM WILL REMAIN ACTIVE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD.

  • If our Service is grossly misdescribed you may have a legal right to end the contract. Please contact us at support@modobio.com
  • If you want to end the Service because of something we have done or have told you we are going to do. The contract will end immediately, and we will refund you relative to amount of time remaining in the Subscription Term. The reasons are:
  • we have told you about an upcoming change to the Service or these Terms which you do not agree to;
  • the supply of the Services is significantly delayed because of events outside our control;
  • we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days or
  • you have a legal right to end the contract because we have done something materially wrong that breaches these Terms.

 

If you have just changed your mind, you may be able to get a refund if you are within the cooling-off period under the Consumer Digital Rights Act 2022 but this may be subject to deductions. For goods and services bought online you have a legal right to change your mind within 14 days and receive a refund (“cooling off period”). The cooling off period ends 14 days after you have signed up for the Services, however, if you have commenced using the Services within 14 days, you must pay us for the services provided to you during the cooling off period. You must inform us before the expiry of the cooling off period.

We may terminate your use of the Services and cancel your subscription at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services and cancel your subscription because you have breached these Terms of Use or any other agreement you have entered into with us, you will not be entitled to any refund of any fees associated with your use of the Services. We are not required to provide you with notice prior to terminating your use of the Services or cancelling your subscription or a reason for such termination.

For questions about terminating the Services or cancelling your subscription, please contact us via email at support@modobio.com.

Governing law

These Terms of Use shall be governed by and construed by Irish laws, and you submit to the exclusive jurisdiction of the Irish courts.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

No Waiver, Assignment Rights

Modo Bio’s failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision in that or any other instance. Modo Bio may assign this agreement at any time without notice to you. You may not assign this agreement to anyone else, and any attempt by you to assign shall be void.

Modification

Modo Bio reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

Notice Regarding Apple. This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Services. You acknowledge that these Term of Use are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between Modo Bio and you under these Terms. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Google. This sub-section only applies to the extent you are using our mobile application(s) on an Android device in connection with the Service. You acknowledge that these Terms of Use are between you and Modo Bio only, not with Alphabet Inc. (“Google”), and Google is not responsible for the Services and the content thereof. You agree that Google is not responsible for any maintenance and support Services in connection with the Services.

Contact Us

If you have any questions regarding these Terms of Use, please contact us at:  

Modo Bio

PO Box 13686
Glenageary Co
Dublin, Ireland
privacy@modobio.com

 

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