Terms of Service
Last modified: July 7, 2022
Please read these terms of service (these “Terms”) carefully. These Terms are between you and End to End, Inc. (“End to End”, “we”, “us” or “our”) concerning your access to and use of the website currently located at www.modsy.com (the “Site”) and any successor Sites thereto, and any content and services offered or available on or through the Site or on or through any End to End applications (collectively, the “Services”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 21 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
YOUR SUBSCRIPTION TO THE SERVICES AUTOMATICALLY RENEWS. THE TERMS GOVERNING SUCH AUTOMATIC RENEWAL ARE IN SECTION 5 BELOW.
The Services include interior design services that allow users to see inspirational designs and decors within the context of their own homes (“Modsy”).
2. Registering/Eligibility for the Services
We may revise and update these Terms from time to time at our sole discretion. We will notify you of any revisions and updates by any reasonable means, including by posting them to the Site. All changes are effective immediately when we post them, and apply to all access to and use of the Site or Services thereafter. Your use of the Site or Services following any such change constitutes your agreement to be bound by the modified fee schedule and Terms. If you do not agree to the revisions, you should stop using the Site and Services. These Terms will identify the date of the last update. Any policies, rules and fees posted by End to End on the Site with respect to its Services are hereby incorporated into these Terms.
The Site, the Services and all related content, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), and all intellectual property rights therein, are owned by End to End and its licensors. Subject to your compliance with these Terms, End to End hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal, non-commercial purposes only, and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You retain sole ownership of any photos or other content (“User Content”) you submit via the Services. You hereby grant to End to End the right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content (i) for the purpose of providing the Services to you and (ii) unless you opt out of such permission by written notice, for End to End’s marketing and advertising purposes. End to End retains sole ownership of the 3D room models it creates using your User Content, and such 3D room models are deemed a part of the Services. Your use of the 3D room models is included in and subject to the terms of the license granted to you by End to End in this Section 5. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site or made available through the Services except as follows:
You must not:
Except for the rights expressly granted to you herein, End to End retains all of its right, title and interest in and to the Site, Services and any content on the Site or made available via the Services (excluding User Content), and all intellectual property rights therein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
End to End’s trade names, trademarks and service marks include, without limitation, ModsyTM and any associated logos. You must not use this trademark without the prior written permission of End to End. All trade names, trademarks, service marks, logos, designs and slogans on the Site not owned by End to End are the property of their respective owners. You may not use End to End’s trade names, trademarks, service marks or logos in connection with any product or service that is not End to End’s, or in any manner that is likely to cause confusion. Nothing contained on the Site or provided via the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
You may use the Site and Services, and any content associated therewith, only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services, and any content associated therewith, in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. End to End shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Services. End to End disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to End to End a written notice by mail or e-mail, requesting that End to End remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to End to End a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our copyright agent by email at email@example.com. End to End may terminate the accounts of repeat offenders.
The Site and Services are controlled or operated (or both) from the United States, and are not intended to subject End to End to any non-U.S. jurisdiction or law. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Site may contain links to other sites and resources provided by third parties, including marketers
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. THE SITE, THE SERVICES, AND ANY THIRD PARTY MATERIALS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. END TO END AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS: (A) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND ANY THIRD PARTY MATERIALS PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (B) WITHOUT LIMITING THE FOREGOING, MAKE NO WARRANTIES OR CONDITIONS (I) WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, OR (II) THAT ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN NO EVENT WILL END TO END, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR: (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA; OR (B) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL END TO END’S LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU IN THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW: (I) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THESE TERMS; (II) REGARDLESS OF WHETHER SUCH LIABILITY WAS FORESEEABLE OR END TO END WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; AND (III) WHETHER SUCH LIABILITY IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING ORDINARY NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND END TO END, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT END TO END AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”). The Comprehensive Rules are available online at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. You can opt out of this agreement to arbitrate by contacting End to End at 5505 Blue Lagoon Drive, Miami, FL 33126 within 30 days after you first accept these Terms, stating that you (include your first and last name) decline this arbitration agreement.
No waiver of these Terms by End to End shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of End to End to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The use of an App either alone or in connection with the Services is governed by these Terms. In addition, you must comply with all applicable third party terms of agreement when using the Apps (for example, any agreement with a wireless service or wireless data provider or the app store or other portal from where you downloaded the App).
Any App made available to you by End to End is licensed (not sold) to users. Subject to your compliance with these Terms, and solely for so long as you are permitted by End to End to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your device.
In addition to your agreement with these Terms, and notwithstanding anything to the contrary herein, this Section applies with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to End to End in accordance with the “Your Comments and Concerns” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, End to End’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
You may not assign these Terms or any of your rights or obligations under these Terms, and any such attempt will be void. End to End may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. The relationship between you and End to End is that of independent contractors and nothing in these Terms will be construed to create a partnership, joint venture, agency or employer-employee relationship between you and End to End.