Last updated: February 25, 2023
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND THE APPLICABLE ABM CONTRACTING ENTITY LISTED HERE (HEREINAFTER “COMPANY”) GOVERNING YOUR USE OF MODULUS PLATFORM OF CLOUD BUSINESS AND PRODUCTIVITY SOFTWARE.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms Of Services:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Agile Business Modules (ABM) LLC, 1171 Street 9, Mokattam, Cairo.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to Modulus cloud platform.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between client and the Company regarding the use of the Service.
Platform refers to Modulus platform, accessible from https://modulus.biz/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
4. Description of Service
We provide cloud business and productivity software for enterprises and organizations, including associated offline and mobile applications("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
5. Grant of License
Our customers are licensed to use our cloud-based software modules during their subscription period. Our customers do not own the software. ABM reserves full copyrights for all software modules.
- Modulus copyrights are fully reserved for ABM.
- Customers are not allowed to resell/transfer their Modulus subscription.
- Customers are not allowed to give up their Modulus subscriptions to any third party without prior agreement with ABM.
- Provide any service based on the Services without prior written permission
- Except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services
- Attempt to gain unauthorized access to the Services or its related systems or network
- Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Modulus
- Use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein
- Violate any applicable local, state, national or international law
- You agree to be solely responsible for the contents of your transmissions through the Services
- You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
6. Change Requests
Modulus is a multi-tenant cloud software. Thus, ABM does not offer software change requests for the cloud modules. However, we collect feedback and feature requests from our customers, and pick the widely requested ones for our development road map.
We cover 100% of the hosting fees. However, a fair usage policy applies. Customers are granted a specific amount of space for file attachments as per their subscription paln. Extra charges may apply as indicated in the pricing plans.
ABM offers comprehensive contents for Modulus found on https://modulus.help. The knowledge base includes both video and text contents for different application modules. For further support, customers can submit support tickets on https://modulus.help/support or by emails to email@example.com.
ABM guarantees standard response time of two business days. Critical tickets are responded to on the same business day. We urge our customers to submit tickets for inquiries, malfunction, or even suggestions.
9. Data Ownership
We respect your right to ownership of content created or stored by yourself. You solely own the content created or stored by yourself. Unless explicitly permitted by you, your use of the Services does not grant ABM the right to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Modulus’s commercial, marketing or any similar purpose. ABM data accesses is limited to: usage statistics, application health monitoring, and customer support upon Your consent. Hence, all data entries, updates, processing and their consequences are the responsibility of the customer and relevant users, without any liability on the side of ABM.
10. Data Backups
A special backup routine runs on a daily basis to create a full snapshot backup of customer’s data every day and copy it into two different locations. Each daily data backup is kept for the period of one month, after which the backup is safely wiped out.
11. Payment Conditions
- Payments are due upon invoice issuance.
- Payments should be in advance of service provisioning.
- Payments are accepted as transfer to ABM bank accounts or via electronic payment.
- ABM does not offer offline payment collection services.
12. Service Suspension And Termination
- Modulus subscription services are on a monthly basis.
- No minimum commitment period is required from the customer side.
- Customers are granted a grace period of 15 calendar days for outstanding invoice.
- If invoice remains outstanding, service is suspended after the grace period.
- Customer’s account is kept intact for 30 calendar days after the grace period.
- Customer’s account is dropped (including data) after the 30-day period, if the payment is still not fulfilled.
- Customers should be notified by any system downtime due update, or maintenance at least 2 business days prior to the action.
- Service continuity is not guaranteed in circumstances beyond ABM reasonable control, including, without limitation:
- Acts of nature such as floods, storms, earthquakes and similar, which could neither be predicted nor controlled.
- Acts of any governmental body, war, insurrection, sabotage, embargoes, strike or other labor disturbances.
- Interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, or failure of any customer premise network equipment.
13. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MODULUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODULUS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MODULUS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. Limitation of Liability
YOU AGREE THAT MODULUS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MODULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16. Changes to These Terms Of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the platform and the Service.
17. Contact Us
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org