Website and Service Terms

These Terms govern your use of moduaxis.com and, where incorporated into an approved order form or service agreement, your use of ModuAxis software services. By using the website, you agree to these Terms. A signed order form, service schedule, Data Processing Addendum or other written agreement may add to or replace parts of these Terms.

The website and commercial services are provided by ModuAxis LLC, a Virginia limited liability company. Commercial services are intended for organisations and authorised business users. A person accepting an order for an organisation represents that they have authority to bind that organisation.

Website descriptions, demonstrations, roadmaps, comparisons and pricing information are general information only. A feature, price, service level, hosting location or launch status is binding only when expressly included in an approved order form or service schedule. The public website does not currently process payments or create a subscription automatically.

Customers are responsible for authorised users, accurate registration information, account security and activity performed through their accounts. Credentials must not be shared except through supported account-management features.

Customers must use the services only for lawful business purposes and in accordance with the Acceptable Use Policy, product documentation, privacy notices and applicable employment, monitoring and data protection laws.

Product scope, subscription term, limits, fees, billing frequency, taxes and payment method are stated in the applicable order. Unless the order states otherwise, fees are exclusive of taxes and are payable without deduction or set-off. Renewal and cancellation rules are described in the order and the Refunds and Cancellation Policy.

As between the parties, the customer retains its rights in customer data. The customer authorises ModuAxis to process customer data only as needed to provide, secure, support and improve the contracted service, comply with lawful instructions and meet legal obligations.

The customer is responsible for the lawfulness, accuracy and authorised collection of customer data and for providing notices and obtaining permissions required for employees, users and other individuals.

ModuAxis and its licensors own the website, software, documentation, designs, branding and related intellectual property. Subject to payment and the applicable order, the customer receives a limited, non-exclusive, non-transferable right to use the contracted service during the subscription term. No ownership is transferred.

• do not use the service unlawfully or to violate another person's rights;
• do not bypass access controls, licensing limits or security measures;
• do not introduce malicious code or interfere with service operation;
• do not reverse engineer except where a mandatory law permits it;
• do not resell or provide the service to third parties without written approval; and
• do not use the service for covert or unlawful employee surveillance.

We may improve, maintain or change the services. We will not materially reduce contracted core functionality during a paid term without an appropriate remedy stated in the applicable agreement. Maintenance, support response times, availability targets, backups and restore commitments are binding only when stated in an order or service schedule.

We may suspend access when reasonably necessary to address security risk, unlawful use, material breach, non-payment or harm to the service or other customers. Where reasonably possible, we will provide notice and an opportunity to remedy the issue. Termination rights and post-termination data handling are governed by the applicable order and law.

Each party must protect the other party's non-public business, technical and commercial information using reasonable care and may use it only for the relationship. This obligation does not apply to information that is public without breach, independently developed, lawfully received from another source or required to be disclosed by law.

Except for express commitments in an approved written agreement, the website and services are provided on an “as available” basis to the maximum extent permitted by law. ModuAxis does not warrant that every service will be uninterrupted or error-free, and product reports are tools for authorised business review rather than a substitute for professional, legal, employment or management judgment.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, revenue, goodwill or data, arising from these Terms or an affected service.

Except for payment obligations and liability that cannot lawfully be limited, each party's total aggregate liability arising out of or relating to these Terms or an affected paid service will not exceed the fees paid or payable by the customer to ModuAxis for that affected service during the twelve months immediately preceding the event giving rise to the claim. If no fees were paid or payable for the affected service, ModuAxis's aggregate liability arising solely from free website, demonstration, evaluation or pilot use will not exceed US$100. Any different liability cap, exclusion or exception expressly stated in an approved order or service agreement controls. Rights that cannot lawfully be excluded or limited remain unaffected.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. The state and federal courts serving Prince William County, Virginia have jurisdiction, except where a mandatory consumer or local law provides otherwise.

We may update these Terms for legal, security, operational or service changes. The current effective date is shown above. Changes to an active paid subscription will apply as stated in the applicable agreement or renewal notice.