Terms of Service
1. Agreement to These Terms
These Terms of Service ("Terms") govern your access to and use of the websites, booking pages, communications, software, and professional services provided by Modular Automations ("Modular Automations," "we," "us," or "our"). By accessing or using our services, you agree to these Terms. If you do not agree, do not use the services.
If you purchase services from us, your signed proposal, order form, statement of work, or other written service agreement (each a "Service Agreement") also applies. If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
2. Our Services
Modular Automations provides business-systems consulting, implementation, automation, software, training, support, and related services. The precise scope, deliverables, responsibilities, timing, fees, and acceptance criteria for paid work are defined in the applicable Service Agreement.
We may improve, modify, suspend, or discontinue features of our websites or generally available services. Material changes to contracted services will be handled under the applicable Service Agreement.
3. Accounts and Information
You agree to provide accurate, current, and complete information and to keep account credentials secure. You are responsible for activity performed through your account and for promptly notifying us of suspected unauthorized access.
4. Acceptable Use
You may not use our services to:
- violate applicable law, regulation, or another person's rights;
- send unlawful, deceptive, abusive, or unsolicited communications;
- upload malware or interfere with the security or operation of any system;
- attempt unauthorized access to data, accounts, networks, or services;
- misrepresent your identity, affiliation, authority, or the origin of content; or
- resell, copy, reverse engineer, or exploit our services except as expressly permitted in writing.
5. Communications and SMS Terms
When you provide contact information, we may use it to respond to your request, administer an appointment, provide a requested service, or send other communications permitted by your choices and applicable law.
Appointment text messages
If you affirmatively check the appointment-text consent box on our booking form, you agree to receive appointment confirmations and reminders from Modular Automations at the number you provide. Message frequency is up to three messages per appointment. Message and data rates may apply. Reply HELP for help or STOP to opt out. Consent is not a condition of purchase.
Your mobile carrier is not liable for delayed or undelivered messages. You represent that you control the number provided or are authorized to consent for its use. Please notify us if the number changes.
Email follow-up and marketing
When you submit a website inquiry or request a systems walkthrough, we may email you about your request, practical follow-up tips, and occasional offers for Modular Automations services, as permitted by applicable law. You can stop marketing emails at any time using the unsubscribe link in an email or by contacting us. We honor existing opt-outs; submitting a new inquiry does not automatically resubscribe you. Where applicable law requires prior consent, we obtain it before sending marketing emails.
Appointment-message consent does not authorize unrelated promotional text messages. Where separate marketing consent is required, we will request it separately.
6. Privacy
Our Privacy Policy explains how we collect, use, retain, and protect personal information. It is incorporated into these Terms by reference.
7. Fees, Billing, Cancellation, and Refunds
Any price, setup fee, recurring fee, payment schedule, contract term, renewal, cancellation right, refund term, credit, guarantee, or data-export condition is governed by the current Service Agreement presented before paid work begins. Nothing on a general website page creates a refund right, guarantee, minimum term, or recurring-payment obligation that is absent from that Service Agreement.
You authorize charges only as described in the applicable Service Agreement or checkout. You remain responsible for fees for services already delivered and for any other amount due under that agreement.
8. Intellectual Property
Our websites, software, methods, templates, documentation, trademarks, and other pre-existing materials are owned by Modular Automations or our licensors and are protected by applicable law. You may not copy, distribute, modify, or create derivative works from them except as expressly permitted.
You retain ownership of content and data you provide. You grant us a limited right to use them only as needed to provide, secure, support, and improve the contracted services. Ownership and licensing of engagement-specific deliverables are governed by the applicable Service Agreement.
9. Third-Party Services
Our services may connect with third-party platforms selected by you or used to deliver the service. Third-party services are governed by their own terms and privacy practices. We are not responsible for a third party's independent acts, outages, policy changes, or service discontinuation, but we remain responsible for our own obligations under applicable law and the relevant Service Agreement.
10. Disclaimers
Except for express commitments in a Service Agreement, our websites and generally available services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
We do not promise that every service will be uninterrupted or error-free, or that any particular business, revenue, marketing, or operational result will occur unless that commitment is expressly stated in a Service Agreement.
11. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, arising from these Terms or the services.
Except for liability that cannot lawfully be limited, each party's aggregate liability arising from these Terms or the services will not exceed the amount paid or payable to Modular Automations for the affected services during the twelve months before the event giving rise to the claim. A Service Agreement may establish different limits for that engagement.
12. Indemnification
You agree to defend and indemnify Modular Automations from third-party claims arising from content or instructions you provide, your unlawful use of the services, or your material violation of these Terms. This obligation does not apply to the extent a claim was caused by our negligence, willful misconduct, or breach.
13. Suspension and Termination
We may suspend or terminate access when reasonably necessary to address unlawful use, a security threat, nonpayment, or a material breach of these Terms. Where practical, we will provide notice and an opportunity to cure. Termination of paid services and treatment of customer data remain subject to the applicable Service Agreement and Privacy Policy.
14. Disputes and Governing Law
Before filing a formal claim, each party agrees to provide written notice and attempt in good faith to resolve the dispute. If the dispute is not resolved, either party may pursue available remedies in a court of competent jurisdiction. These Terms are governed by the laws applicable at Modular Automations' principal place of business, without regard to conflict-of-law principles, unless a Service Agreement states otherwise.
15. Changes to These Terms
We may update these Terms from time to time. We will update the "Last Updated" date and provide additional notice when required by law. Changes do not retroactively alter an existing Service Agreement unless the parties agree in writing.
16. General Terms
If any provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets. These Terms and any applicable Service Agreement constitute the entire agreement concerning their subject matter.
17. Contact Us
Questions about these Terms may be sent to [email protected].