Terms of Service

1.Accepting these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and ModMage, Inc. (“ModMage”, “we”, “us”, or “our”). They apply to https://modmage.io, the ModMage web application at https://app.modmage.io, and our iOS and Android apps, together with any related features, content, and support (collectively, the “Services”).

By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.

If you accept these Terms on behalf of a company, landlord, property management firm, or other organization (a “Customer”), you represent that you are an authorized signer with the power to bind that organization, and “you” refers to both you and that organization. Your use of the Services is also subject to our Privacy Policy and Acceptable Use Policy, which are incorporated into these Terms by reference.

2.Eligibility and accounts

To use the Services you must be at least 18 years old and able to form a legally binding contract. The Services are intended for business use by landlords, property managers, and their teams, and are not directed to children. See our Children's Privacy notice for more.

• Accurate information. You agree to provide accurate and complete account, billing, and property information and to keep it current.
• Account security. You are responsible for safeguarding your login credentials, enabling available security features such as multi-factor authentication, and for all activity that occurs under your account. Notify us promptly at security@modmage.io if you suspect unauthorized access.
• Users you invite. As a Customer, you control who you invite into your workspace — staff, owners, vendors, and residents. You are responsible for their use of the Services, for assigning appropriate roles and permissions, and for ensuring they comply with these Terms.

3.The Services

ModMage is a multi-tenant property-management platform that helps you onboard residents, manage leases and documents, collect rent, route maintenance requests, communicate with stakeholders, and report on your portfolio. We provide the Services to your organization on a subscription basis as described in your order or plan.

We are continually improving the Services and may add, change, or remove features, and may update underlying technology, from time to time. We will not materially reduce the core functionality of a paid plan during a paid term without reasonable notice.

We may offer beta, preview, or early-access features that are identified as such. Beta features are provided “as available” for evaluation, may be changed or discontinued at any time, are excluded from any service commitments, and may be subject to additional terms.

4.Subscriptions and billing

ModMage is priced primarily on a per-unit basis — the number of rental units you manage on the platform. We offer the following plans, with the features and limits described at the time of purchase:

• Free trial. New customers may start a 30-day free trial with no credit card required. Unless you subscribe to a paid plan before the trial ends, your account may be downgraded or suspended and access to features may be limited.
• Auto-renewal. Paid subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current rate, unless you cancel before the renewal date through your account settings or by contacting billing@modmage.io.
• Price changes. We may change pricing. For recurring subscriptions, we will give you at least 30 days' notice before a change takes effect, and the new price will apply on your next renewal.
• Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, except for taxes on our net income.
• Late or failed payments. If a payment fails or is past due, we may retry the charge, charge interest where permitted, and suspend or downgrade your account after reasonable notice until amounts are paid.

5.Customer data and content

As between you and ModMage, you own the data, documents, records, and other content you and your users submit to the Services, including resident and lease records (“Customer Data”). We do not claim ownership of your Customer Data.

You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, display, and back up Customer Data solely as needed to provide, secure, support, and improve the Services, and as otherwise permitted in these Terms and our Privacy Policy.

You are responsible for your Customer Data — its accuracy, quality, and legality, the rights to use it, and having an appropriate legal basis and any required notices or consents from your residents, owners, applicants, and other individuals. Our processing of personal data on your behalf is governed by our Data Processing Addendum. You agree not to upload content you do not have the right to share.

6.Payments and payouts

The Services let you collect rent and fees from residents and disburse payouts to owners and managers. These money movements are processed by third-party payment processors, not by ModMage. When you or your residents use these features, you also agree to the applicable processor's terms and policies, and you may be required to provide identity, banking, and business information to satisfy the processor's onboarding and compliance requirements.

• We are not a bank. ModMage is a software provider, not a bank, money transmitter, or financial institution, and does not hold funds on deposit. We do not provide financial, tax, or legal advice.
• Authorizations. By initiating ACH or card transactions, you and your residents authorize the relevant debits, credits, and any associated fees in accordance with the processor's terms and applicable network rules.
• Chargebacks and reversals. Payments may be subject to holds, returns, chargebacks, and reversals. You are responsible for amounts charged back or reversed, related fees, and for resolving disputes with the relevant resident or owner.
• Timing. Settlement and payout timing depend on the processor and banking networks and may vary; we do not guarantee a specific settlement time.

7.Acceptable use

Your use of the Services must comply with our Acceptable Use Policy and all applicable laws, including fair-housing, consumer-protection, landlord-tenant, and privacy laws. Among other things, you agree not to:

• Use the Services to discriminate unlawfully, harass, or harm residents, applicants, or others.
• Upload malware, attempt to gain unauthorized access, probe or disrupt the Services, or circumvent usage or security limits.
• Send unlawful, deceptive, or unsolicited bulk communications, or infringe the intellectual-property or privacy rights of others.
• Reverse engineer, resell, or use the Services to build a competing product, except to the extent this restriction is prohibited by law.

We may investigate suspected violations and may suspend or limit access — or remove offending content — where reasonably necessary to protect the Services, our users, or third parties.

8.Third-party services

The Services may integrate with or link to third-party products, such as payment processors, accounting tools, screening providers, messaging services, and identity providers. Your use of a third-party service is governed by that provider's own terms and privacy policy, and you are responsible for any accounts or fees with that provider.

We do not control and are not responsible for third-party services, and we make no warranties about them. Enabling an integration may allow the exchange of data between ModMage and the provider at your direction. If a third-party service stops working or changes, the related features of the Services may be affected.

9.Intellectual property

The Services, including the ModMage platform, software, documentation, designs, and all related intellectual-property rights, are owned by ModMage, Inc. and our licensors. The ModMage name, logo, and other brand features are our trademarks; you may not use them without our prior written permission.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription. We reserve all rights not expressly granted to you.

If you choose to send us suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback to operate and improve the Services, without obligation or compensation to you.

10.Confidentiality

Each party may receive non-public information from the other that is marked or should reasonably be understood as confidential, including product roadmaps, pricing, security details, and business information (“Confidential Information”). The receiving party agrees to use the other's Confidential Information only to exercise its rights and perform its obligations under these Terms, and to protect it with at least reasonable care.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known without a duty of confidentiality, or is independently developed. A party may disclose Confidential Information if required by law, after giving reasonable notice where permitted.

11.Disclaimers

To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranties of any kind, whether express, implied, or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected, and we are not responsible for the accuracy of data you or third parties provide. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12.Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by law, ModMage's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts you paid to us for the Services in the 12 months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot be limited or excluded under applicable law, such as liability for fraud, willful misconduct, or death or personal injury caused by negligence. The limitations reflect the allocation of risk between the parties and apply regardless of the theory of liability.

13.Indemnification

You agree to defend, indemnify, and hold harmless ModMage, Inc., its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and reasonable costs and expenses (including legal fees) arising out of or relating to: (a) your Customer Data or your use of the Services in violation of law or these Terms; (b) your relationship with, or your handling of the data of, your residents, owners, applicants, or other third parties; or (c) your breach of these Terms, the Acceptable Use Policy, or applicable law.

We will give you reasonable notice of the claim, allow you to control the defense (provided any settlement that imposes obligations on us requires our consent), and cooperate at your expense.

14.Term and termination

These Terms apply for as long as you use the Services. Your subscription continues for the term you select and renews as described in Subscriptions and billing.

• By you. You may stop using the Services and cancel your subscription at any time through your account settings or by contacting us; cancellation takes effect at the end of the current billing period.
• By us. We may suspend or terminate your access if you materially breach these Terms, fail to pay, create risk or legal exposure for us, or if we discontinue the Services, in each case with reasonable notice where practicable.
• Effect of termination. On termination your right to access the Services ends and any outstanding fees become due.
• Data export. For 30 days after termination, you may request to export your Customer Data in a commonly used format. After that window, we may delete Customer Data in the ordinary course as described in our Privacy Policy and Account and Data Deletion page.

Sections that by their nature should survive termination — including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing-law provisions — will survive.

15.Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@modmage.io. We will try to resolve it with you for at least 30 days before either party starts a formal proceeding.

Binding arbitration. If we cannot resolve a dispute informally, you and ModMage agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by a recognized arbitration provider, with the seat and venue in San Francisco, California.

Class-action waiver. You and ModMage agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

Small-claims carve-out. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or Confidential Information.

16.App store terms

If you download our app from the Apple App Store or Google Play, the following additional terms apply, and your use of the app is also subject to the End User License Agreement and the applicable store's usage rules, which you agree to comply with.

• These Terms are between you and ModMage only, and not with Apple or Google. ModMage, not Apple or Google, is solely responsible for the app and its content.
• Apple and Google have no obligation to provide maintenance or support for the app and are not responsible for addressing any claims relating to the app, including product-liability, legal, regulatory, or intellectual-property claims.
• Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to your use of the app obtained from their store.
• You represent that you are not located in a country subject to a U.S. embargo or designated as a terrorist-supporting country, and that you are not on any U.S. restricted-parties list.

17.Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you in the app or by email before the changes take effect. Your continued use of the Services after an update becomes effective means you accept the revised Terms. If you do not agree to the changes, you should stop using the Services and may cancel as described above.

18.Contact

If you have questions about these Terms, contact our legal team. For help with your account or the Services, visit our Support page.