End User License Agreement

1.Scope of this agreement

This End User License Agreement (the “EULA” or “Agreement”) is a binding contract between you and ModMage, Inc. (“ModMage”, “we”, “us”, or “our”) and governs your installation and use of the ModMage mobile applications for iOS and Android (the “App”). The App is a “Licensed Application” obtained through the Apple App Store or Google Play.

This Agreement is between you and ModMage only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). The store from which you downloaded the App is a distributor, not a party to this EULA. To the extent any term here conflicts with the rules of the store you used, the store rules control for that store only, and the rest of this Agreement remains in effect.

The App is one way to access the broader ModMage property-management platform. Your use of the underlying services, the web application at https://app.modmage.io, and any data you process through them is also governed by our Terms of Service. Where this EULA and the Terms of Service address the same subject, the Terms of Service control for the services and this EULA controls for the locally installed App.

2.License grant

Subject to your continued compliance with this Agreement and our Terms of Service, ModMage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• install and run one copy of the App on Apple-branded or Android devices that you own or control, as permitted by the usage rules of the applicable app store; and
• use the App to access your ModMage account for your own internal business purposes — managing properties, units, leases, tenants, maintenance requests, rent and payouts, and related operations.

If you enable Family Sharing or volume purchasing through an app store, the license may be shared as those store programs allow. The license covers updates, patches, and new releases of the App that ModMage provides to replace or supplement the original App, unless those releases are accompanied by a separate license, in which case that license governs.

3.License restrictions

The App is licensed, not sold. Except as expressly permitted by this Agreement or by mandatory applicable law, you will not, and will not permit anyone else to:

• copy, reproduce, distribute, publicly display, or create derivative works of the App;
• modify, adapt, translate, decompile, disassemble, or reverse-engineer the App, or attempt to derive its source code, except to the limited extent applicable law expressly permits despite this limitation;
• rent, lease, lend, sell, sublicense, assign, distribute, host as a service, or otherwise commercially exploit the App or make it available to any third party;
• remove, alter, or obscure any proprietary notices, labels, or marks on or within the App;
• use the App, or any of its components, data, or output, to design, develop, or market a product or service that competes with ModMage;
• circumvent, disable, or interfere with usage limits, rate limits, security features, authentication, licensing, or access controls in the App;
• use automated means to scrape, probe, or overload the App, or use it to transmit malware or unlawful content.

Your use of the App must at all times comply with our Acceptable Use Policy. A violation of that policy is also a violation of this Agreement.

4.Ownership of the app

The App is protected by copyright, trademark, and other intellectual property laws and treaties. ModMage and its licensors own and retain all right, title, and interest in and to the App, including all software, designs, user interfaces, logos, and underlying technology, and all related intellectual property rights.

No rights are granted to you other than the limited license expressly described in Section 2. All rights not expressly granted are reserved by ModMage and its licensors. Nothing in this Agreement transfers ownership of the App or any ModMage trademark to you, and your feedback or suggestions about the App may be used by us without restriction or obligation to you.

5.Account and data

Use of the App requires a valid ModMage account. You are responsible for keeping your credentials confidential, for activity that occurs under your account, and for the accuracy of the property, tenant, and financial information you enter through the App. You must promptly notify us of any unauthorized use of your account.

Our handling of personal information collected through the App — including device identifiers, usage data, and the content you submit — is described in our Privacy Policy. Where ModMage processes personal data on behalf of a business customer, that processing is governed by our Data Processing Addendum. You can learn more about how we protect data on our Security page and how to remove your account on the Account Deletion page.

6.Subscriptions and purchases

The App may provide access to paid ModMage subscriptions and features. Pricing, plan entitlements, billing cycles, taxes, and refund eligibility for subscriptions are governed by our Terms of Service.

Where you purchase a subscription or in-app product through an app store (Apple or Google), that store’s billing rules and payment terms also apply to the transaction. In that case:

• payment is charged to the payment method on file with your Apple ID or Google account;
• subscriptions renew automatically at the then-current price unless you cancel before the end of the current period; and
• you manage, upgrade, downgrade, or cancel auto-renewal in your app store account settings — uninstalling the App alone does not cancel a store-billed subscription.

For billing questions specific to a store purchase, contact the store; for all other billing questions, contact billing@modmage.io.

7.Third-party and open-source software

The App may incorporate third-party and open-source software components, each of which is provided under its own license terms. Those terms may grant you additional rights or impose additional obligations, and in the event of a conflict with this Agreement, the applicable component license controls for that component only.

The App may also connect to third-party services and integrations — for example payment processors, mapping providers, and analytics tools — whose own terms and privacy practices apply to your use of them. ModMage is not responsible for third-party services, and we make no warranty about them. A current list of notable third-party and open-source notices is available from ModMage on request at legal@modmage.io.

8.Apple App Store terms

The following terms apply when you obtain the App from the Apple App Store and are required by Apple. They supplement, and where required prevail over, conflicting terms in this Agreement for the iOS App:

• Acknowledgement. This EULA is concluded between you and ModMage only, and not with Apple. Apple is not a party to this EULA and is not responsible for the App or its content. ModMage, not Apple, is solely responsible for the App and its content.
• Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. ModMage is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. ModMage is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product claims. ModMage, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, ModMage, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
• Contact. Questions, complaints, or claims with respect to the App should be directed to ModMage at support@modmage.io.

9.Google Play terms

The following terms apply when you obtain the App from Google Play:

• Your use of the App is in addition to, and subject to, the Google Play Terms of Service and the Google Play usage rules in effect at the time, which you agree to comply with.
• Google is only a distributor of the App. Google is not a party to this Agreement and is not responsible for the App, its content, or any claims you or a third party may have relating to the App.
• To the extent this Agreement conflicts with the Google Play Terms of Service with respect to the Android App, the Google Play Terms of Service control for that distribution only.
• Any issues, defects, refund requests, or support questions about the App should be reported to ModMage at support@modmage.io, not to Google.

The Android application is distributed under the package identifier io.modmage.app.

10.Term and termination

This Agreement is effective until terminated. Your license terminates automatically, without notice, if you breach any term of this Agreement or the Terms of Service. You may terminate this Agreement at any time by ceasing all use of the App.

Upon termination for any reason, the license granted in Section 2 ends, and you must stop using and uninstall and delete all copies of the App from your devices. Termination of this EULA does not, by itself, terminate your ModMage account or your Terms of Service with us; those are governed separately. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, and governing law — survive.

11.Disclaimers and liability

To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. ModMage and its licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the App will be uninterrupted, secure, error-free, or that defects will be corrected.

To the maximum extent permitted by law, ModMage will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the App. The aggregate liability of ModMage arising out of or relating to the App is subject to the limitations of liability set out in our Terms of Service, which are incorporated here by reference. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

12.Export and government users

You agree to comply with all applicable U.S. and international export and re-export control laws and regulations in your use of the App. You represent that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. embargo or trade restrictions, and that you will not use or export the App in violation of those laws.

The App and its documentation are “Commercial Items” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. If you are a U.S. Government end user, the App is licensed to you with only those rights granted to all other end users under this Agreement, consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202.

13.Governing law

This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except to the extent mandatory consumer-protection laws of your place of residence provide otherwise. Any dispute relating to the App or this Agreement is subject to the dispute resolution, venue, and arbitration provisions set out in our Terms of Service.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

14.Contact

If you have questions about this EULA or need help with the App, please reach out — we are happy to assist.