Terms of Service

1. Acceptance of Terms

By placing an order with Modly.ai, accessing our website, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Modly.ai LLC ("Company," "we," "us," or "our").

2. Description of Services

Modly.ai provides custom artificial intelligence model development services, including:

• Custom AI model training and fine-tuning
• Data processing and preparation
• Model deployment and hosting
• API integration and development
• Ongoing support and maintenance
• Performance monitoring and optimization

2.1 Service Packages

We offer three main service packages:

• Starter Package: $5,000 setup + $500/month hosting
• Pro Package: $15,000 setup + $2,000/month hosting
• Enterprise Package: $50,000+ setup + $8,000+/month hosting

3. Order Process and Payment Terms

3.1 Order Placement

Orders are placed through our online order form. All orders are subject to acceptance by Modly.ai. We reserve the right to refuse service for any reason.

3.2 Payment Structure

• Deposit: 50% of setup fee due upon order confirmation
• Balance: Remaining 50% due upon project completion and deployment
• Monthly Hosting: Billed monthly in advance, beginning upon deployment

3.3 Payment Terms

• All payments are due upon receipt of invoice
• Late payments may incur a 1.5% monthly service charge
• Services may be suspended for non-payment after 30 days
• All fees are non-refundable except as explicitly stated in these Terms

4. Data and Intellectual Property

4.1 Your Data Rights

4.2 AI Model Ownership

Upon full payment, you own the custom AI model developed for you, including:

• The trained model parameters and weights
• Associated configuration files
• Custom integration code developed specifically for your project
• Documentation and training materials

4.3 Our Intellectual Property

We retain ownership of:

• Our proprietary development methodologies and processes
• General AI development tools and frameworks
• Our platform and infrastructure software
• Any improvements to our general capabilities derived from your project

5. Development Process and Timeline

5.1 Project Timeline

Development timelines are estimates based on project complexity:

• Starter: 2-4 weeks
• Pro: 1-3 weeks
• Enterprise: 4-8 weeks

5.2 Client Responsibilities

Timely project completion requires your cooperation in:

• Providing complete and accurate data and requirements
• Participating in discovery calls and milestone reviews
• Testing and providing feedback during development
• Approving deliverables in a timely manner

5.3 Change Requests

Significant changes to project scope may result in additional fees and extended timelines. We will provide written estimates for any scope changes.

6. Service Level and Performance

6.1 Hosting Uptime

• Starter: High availability hosting with monitoring
• Pro: Enhanced hosting with priority support
• Enterprise: Premium hosting with dedicated monitoring

6.2 Support Response Times

• Starter: 24-48 hours for non-critical issues
• Pro: 12-24 hours for non-critical issues
• Enterprise: 4-12 hours for non-critical issues

6.3 Performance Limitations

7. Data Security and Privacy

7.1 Security Measures

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Access controls and authentication
• Regular security audits and monitoring
• SOC 2 Type II compliance
• GDPR and HIPAA compliance options (Enterprise)

7.2 Data Handling

We will:

• Use your data only for developing and operating your AI model
• Not share your data with third parties without consent
• Delete your data upon request (subject to legal requirements)
• Provide data export capabilities

8. Warranties and Disclaimers

8.1 Limited Warranty

We warrant that our services will be performed with professional skill and care. If you are not satisfied with the delivered AI model, we will work with you to address issues or provide appropriate remedies.

8.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the total amount paid by you for services in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, or consequential damages
• We are not responsible for decisions made based on AI model outputs
• You acknowledge that AI systems may produce inaccurate or biased results

10. Termination

10.1 Termination by Client

You may terminate services with 30 days written notice. Upon termination:

• You receive copies of your data and AI model
• Monthly hosting fees are prorated
• Setup fees are non-refundable
• We will assist with migration for 30 days

10.2 Termination by Company

We may terminate services for non-payment, breach of terms, or other material violations. We will provide reasonable notice when possible.

11. Indemnification

You agree to indemnify and hold harmless Modly.ai from claims arising from:

• Your use of the AI model or our services
• Your violation of these Terms
• Your violation of applicable laws or third-party rights
• The content, accuracy, or legality of your data

12. Compliance and Legal Requirements

12.1 Your Compliance Obligations

You are responsible for ensuring your use of our services complies with:

• All applicable laws and regulations
• Industry-specific compliance requirements
• Third-party agreements and terms of service
• Privacy laws regarding any personal data processed

12.2 Prohibited Uses

You may not use our services for:

• Illegal activities or purposes
• Creating discriminatory or biased systems
• Developing systems that violate privacy rights
• Activities that could harm our reputation or operations

13. Modifications to Terms

We may update these Terms periodically. Significant changes will be communicated via email at least 30 days in advance. Continued use of our services after changes take effect constitutes acceptance of the new Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes will be resolved through:

1. Direct Negotiation: Good faith discussions between parties
2. Mediation: If negotiation fails, binding mediation in Ohio
3. Arbitration: Final disputes resolved through binding arbitration

15. General Provisions

15.1 Entire Agreement

These Terms, along with your order confirmation and any signed agreements, constitute the entire agreement between parties.

15.2 Severability

If any provision is found unenforceable, the remainder of these Terms remains in full effect.

15.3 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations with reasonable notice.