Terms of Service

1. Acceptance of Terms

By accessing or using any Modern AI product, platform, or service (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are accessing the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

These Terms apply to all users, including enterprise clients and visitors to modernai.io.

2. Services

Modern AI Inc. provides AI visibility intelligence software and related analytics services, including Modern Discovery, and other products as they become available. The specific scope of services provided to enterprise clients is defined in separate engagement agreements or statements of work between the parties.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Accounts and Access

Certain Services require account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Enterprise accounts are governed by the terms of the applicable engagement agreement. Where engagement terms conflict with these Terms, the engagement agreement controls.

4. Acceptable Use

You agree not to: (a) use the Services for any unlawful purpose or in violation of applicable regulations; (b) attempt to gain unauthorized access to any system or network; (c) reverse engineer, decompile, or disassemble any component of the Services; (d) use the Services to develop competing products without our express written consent; or (e) resell or sublicense access to the Services without authorization.

5. Intellectual Property

Modern AI Inc. retains all rights, title, and interest in the Services, including all underlying software, algorithms, methodologies, metrics (including AVI, Shortlist Share, and ASOV), and associated intellectual property. These Terms do not grant you any ownership interest in the Services.

Reports and deliverables generated by the Services and delivered to enterprise clients are licensed for the client's internal business use. Reports may not be redistributed, published, or used in competitive product development without written consent.

6. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We handle personal data in accordance with applicable data protection laws.

For enterprise clients, data handling obligations are further defined in the applicable engagement agreement or data processing addendum.

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Services. This obligation does not apply to information that: (a) is or becomes publicly known through no breach of this section; (b) was known to the receiving party prior to disclosure; or (c) is independently developed without reference to confidential information.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS." TO THE EXTENT PERMITTED BY APPLICABLE LAW, MODERN AI INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI visibility measurements reflect outputs of third-party AI systems that change over time. We do not guarantee that measurement results will remain static or that implementing recommendations will produce specific business outcomes.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MODERN AI INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MODERN AI INC. IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in Chicago, Illinois.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

11. Changes to These Terms

We may update these Terms from time to time. We will notify enterprise clients of material changes with at least 30 days notice. Continued use of the Services after any update constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact us at info@modernai.io or write to: Modern AI Inc., Chicago, Illinois.