Terms of service

Terms of Service

 

These Terms of Service govern your use of the website located at https://mymodemate.com and any related services provided by ModeMate LLC. We are registered in Delaware, United States, at 2810 N Church St Num 604595, Wilmington, DE 19802. Our VAT number is 4185968AH.

By accessing and using our platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing our platform. We reserve the right to review and amend these Terms of Service at our sole discretion. Upon making changes, we will update this page, and any amendments will take effect immediately from the date of publication.

These Terms of Service apply to all users of the platform, including those who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our services. You can contact us by email at info@mymodemate.com or by mail at our registered address above.

By accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any additional terms applicable to certain parts of the services. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms or documents that may be posted on our website from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of our services after the date such revised Terms of Service are posted.

These Terms of Service were last updated on January 01, 2025.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service ModeMate LLC provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials on ModeMate LLC's website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and software, is owned by or licensed to ModeMate LLC. These materials are protected by United States and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of ModeMate LLC, which asserts full legal title over the aforementioned content.

We grant our users a limited license to download one copy of the materials on our site for personal, non-commercial transitory use. This grant is a license and not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or other provisions contained in the Terms of Service and may be terminated by ModeMate LLC at any time. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Unauthorized use of this content may result in civil or criminal penalties, and ModeMate LLC reserves the right to enforce its intellectual property rights to the fullest extent of the law.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Guidelines for Reviews

We provide areas within our services for you to leave reviews or ratings. When posting a review, you must have firsthand experience with the subject, and your reviews must not contain offensive language, discriminatory references, references to illegal activity, or false or misleading statements. Reviews should not be posted by anyone affiliated with competitors if they are negative, nor should they contain conclusions on the legality of conduct. You should not organize campaigns encouraging others to post reviews. While we may screen, edit, or remove reviews at our discretion, we have no obligation to do so, and the reviews posted do not necessarily represent our opinions or those of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a non-exclusive, worldwide, perpetual right to use, reproduce, modify, and distribute the content of your review.

Registration and Payments

To use our services, you must create an account with ModeMate LLC, providing accurate and up-to-date information. It is essential to keep your account information current to ensure efficient service and communication. You are responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account. Immediately notify us if you suspect any unauthorized use of your account. ModeMate LLC is not liable for any loss or damage resulting from your failure to protect your account information.

When setting up your account, you will be required to link a valid payment method for purchasing goods and services. We accept payments through PayPal, Visa, MasterCard, American Express, Discover, Apple Pay, Google Pay, Shop Pay, Klarna, and Shopify Payments, processed via secure payment gateways using industry-standard encryption technology. Your financial information is handled according to the privacy policies and terms of the respective payment platform, ensuring your payment details remain confidential and secure.

Our product pricing is subject to change without notice, and ModeMate LLC reserves the right to limit the quantity of products sold to any individual customer or geographic region. These restrictions may be applied on a case-by-case basis. We also reserve the right to refuse or cancel orders from dealers, resellers, or distributors.

The prices for our products include the cost of the goods and their shipment. Customers are responsible for any additional taxes or duties incurred, which vary by country and region. As the customer, you are expected to comply with applicable tax laws and import duties.

Duties and Taxes

Please note that all international parcels will need to go through customs before reaching the customer, who is responsible for paying the relevant customs duties. ModeMate LLC does not partake in the customs process nor do we pay the customs duties on behalf of the customer. The amount of fees depends on the country of delivery, the customer is responsible for verifying said fees before placing an order. We are not liable for any packages that did not pass customs clearance due to the customer's refusal to pay the tax. Failing to pay for the additional costs or taxes within 7 days of the goods arriving at customs may result in the termination of the goods by customs, we are not liable for such an event.

Shipping Policy

ModeMate LLC offers shipping across multiple regions and utilizes a made-to-order business model to minimize environmental impact and ensure product quality. Shipping costs and delivery times vary based on the destination and are detailed on our website. Free shipping is available for orders over a specified amount. All shipping charges, including for orders under the free shipping threshold, will be shown during the checkout process. For complete details regarding shipping procedures, timelines, and costs, please refer to our Shipping Policy.

Refund Policy

Customers may return unused, unwashed items with original tags attached within 14 days of delivery for a full refund. All returns must comply with our returns policy as outlined on our website. Refunds are issued to the original method of payment once the returned items are received and inspected to confirm they meet our return criteria. For more detailed information on how to process a return and the conditions for refunds, please consult our Refund Policy.

Disclaimer and Limitations of Liability

The website and all materials on ModeMate LLC’s website are provided on an 'as is' basis. ModeMate LLC expressly disclaims all warranties, either express or implied, to the extent permitted by law. This includes but is not limited to, disclaimers of implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. ModeMate LLC does not warrant the accuracy, reliability, or completeness of the materials provided on its website or any sites linked to or from it.

In no event shall ModeMate LLC, its suppliers, or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ModeMate LLC’s website, even if ModeMate LLC or an authorized representative has been notified orally or in writing of the possibility of such damage. This includes any consequential loss, indirect loss, loss of profit, loss of data, loss of business opportunity, or other pecuniary loss arising from the use or inability to use our products or services, unauthorized access to or alterations of your transmissions or data, or conduct of any third party on the service.

Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In jurisdictions where limitations of liability are not allowed, ModeMate LLC’s liability shall be limited to the maximum extent permitted by law, ensuring that both the company and consumer rights are preserved under applicable legal standards.

Accuracy of Materials

ModeMate LLC endeavors to provide accurate and up-to-date material on our website. This includes product descriptions, availability, and pricing, which are subject to change due to inventory fluctuations, demand variations, and updates without prior notice. While we strive to accurately represent our products, the images and colors displayed on our website may differ from the actual products due to variations in monitor displays and other technical reasons.

The information provided on our website is intended for general information purposes and is not exhaustive. ModeMate LLC does not guarantee the completeness, accuracy, or reliability of the materials provided or the results of using this information. Therefore, reliance on the materials on this website is strictly at your own risk. We recommend consulting additional sources of information before making any decisions based on the content found on our website.

Users are responsible for regularly checking the website for changes and updates. ModeMate LLC reserves the right to modify the content on the website, including product descriptions, specifications, and pricing, at any time without notice. Your continued use of the website after any such changes are posted constitutes your acceptance of these changes.

Additional Tools

ModeMate LLC’s website incorporates various third-party tools and services such as Google Analytics, Meta Pixel, and Kliyo integration to enhance user experience and improve operational efficiency. These tools help us understand user behaviors and preferences, allowing us to tailor our offerings and marketing strategies effectively. By utilizing our services, you consent to the collection, analysis, and sharing of your personal information through these tools, as detailed in our Privacy Policy. We do not sell personal information to third parties and ensure all third-party service providers comply with relevant data protection laws and uphold our privacy standards.

Access to third-party tools on our website is provided on an 'as is' and 'as available' basis without any warranties, expressed or implied. ModeMate LLC disclaims all endorsements of these tools, and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We advise users to review the terms and conditions and privacy policies of these third-party tools to understand their information practices.

ModeMate LLC reserves the right to introduce new third-party tools and integrations to enhance the functionality and scope of our services. Users will be notified of such updates, and continued use of our website will be regarded as acceptance of these changes.

Links

ModeMate LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by ModeMate LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Content Accuracy and Service Modifications

Please be aware that the content on our website, including descriptions, pricing, promotions, and availability of our services, may contain typographical errors, inaccuracies, or omissions. ModeMate LLC reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice. We are not obligated to maintain, support, update, or clarify information in the service or on our website, including pricing information, except as required by law.

ModeMate LLC also reserves the right to change, modify, or remove contents from our services at any time for any reason at our discretion without notice. We may discontinue or alter any part of our service, and we are not liable for any modification, price change, suspension, or discontinuance of the service. The availability of our services may vary, and we may experience interruptions, delays, or errors due to hardware, software, or other technical issues. We may need to perform maintenance which could result in interruptions in service. You acknowledge that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance of the services. Changes to the services may occur at any time and without notice to you, and you agree that we have no liability whatsoever for any consequences of such changes.

Electronic Communications, Transactions, and Signatures

Visiting our services, sending us emails, and completing online forms constitute electronic communications. By using our services, you consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements. You agree to the use of electronic signatures and records and electronic delivery of notices and policies.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Dispute Resolution

To expedite resolution and control the cost of disputes related to these Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other. If we cannot resolve a dispute through negotiations, it will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration may take place in-person, online, or via phone and will be conducted in New Castle, Delaware. You waive the right to sue in court and to have a jury trial. Disputes not subject to arbitration include those seeking to protect intellectual property rights or those related to theft, privacy, or unauthorized use, and may be taken to court instead.

California Users and Residents

If you are a California resident and have a complaint that has not been resolved satisfactorily, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Contact Us

For any complaints or inquiries regarding our services, please contact us at:

ModeMate LLC
2810 N Church St Num 604595
Wilmington, DE 19802
United States
info@mymodemate.com