Terms of Service

Last updated: February 15, 2026

These Terms of Service ("Terms") govern your access to and use of the products and services provided by Modulus Software, LLC ("Modulus," "we," "us," or "our"), including Scape, Inventory Manager, My Miles, and any related websites, applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Account Registration

To use our Services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

2. Subscription and Billing

2.1 Subscription Plans

Our Services are offered on a subscription basis. Details of available plans, features, and pricing are available on our website and may change from time to time.

2.2 Free Trial

We may offer free trial periods. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

2.3 Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all fees due
• We may change our fees upon 30 days' notice

2.4 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will retain access to the Services until then.

3. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Upload, transmit, or distribute any malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the Services or servers
• Use the Services to send spam or unsolicited communications
• Impersonate any person or entity
• Collect or harvest user data without consent
• Use automated systems to access the Services without permission
• Resell or redistribute the Services without authorization

4. Your Data

4.1 Ownership

You retain all rights to the data you upload to or create using our Services ("Your Data"). We do not claim ownership of Your Data.

4.2 License

You grant us a limited license to use, store, and process Your Data solely to provide the Services to you.

4.3 Data Protection

We will protect Your Data in accordance with our Privacy Policy and applicable data protection laws.

4.4 Data Export

You may export Your Data at any time during your subscription. Upon termination, we will provide reasonable assistance to export Your Data.

5. Intellectual Property

5.1 Our Rights

The Services, including all software, designs, content, and documentation, are owned by Modulus and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

5.2 Feedback

If you provide suggestions, ideas, or feedback about our Services, we may use them without any obligation to you.

6. Third-Party Services

Our Services may integrate with or contain links to third-party services. We are not responsible for third-party services and your use of them is subject to their terms and policies.

7. SMS and Text Messaging

Certain products within our Services (such as Scape) include the ability to send transactional SMS text messages to end-user customers via Twilio. By using the SMS features of our Services, you agree to the following:

7.1 Consent

You are responsible for obtaining proper consent from your customers before sending text messages through our Services. By adding a customer's phone number and initiating text messages, you represent that you have obtained the customer's consent to receive such messages.

7.2 Message Types and Frequency

Messages sent through our Services are limited to transactional notifications related to service appointments, including confirmations, reminders, completion notices, rescheduling alerts, and payment reminders. Message frequency varies based on the customer's service schedule.

7.3 Opt-Out

Recipients may opt out of text messages at any time by replying STOP. You must honor all opt-out requests. For help, recipients may reply HELP to any message.

7.4 Costs

Message and data rates may apply. Standard messaging fees from the recipient's mobile carrier may apply. We do not charge recipients for text messages.

7.5 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message availability and delivery are subject to the recipient's mobile carrier network.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Services will meet your specific requirements
• The results obtained from the Services will be accurate or reliable

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODULUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Modulus and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Data

11. Termination

We may suspend or terminate your access to the Services at any time for any reason, including if we reasonably believe you have violated these Terms. Upon termination:

• Your right to access the Services will immediately cease
• We may delete Your Data after a reasonable period
• Provisions that should survive termination will remain in effect

12. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or by other means. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.

13. General Provisions

13.1 Governing Law

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

13.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Brevard County, Florida.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modulus regarding the Services.

13.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.5 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

14. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@modulus-software.com
• Address: Modulus Software, LLC, Melbourne, FL