Thank you for selecting to use BOSCO™, which is a trading name for one of the services offered by Modo25 Limited and / or its subsidiaries or affiliates (referred to as “Modo25”, “we”, “our”, or “us”). This contract applies to www.modo25.com, www.askbosco.io and other services that state they are offered under this Agreement.
Please take the time to review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Modo25. By accepting electronically, installing, accessing or using the services, you agree to these terms. If you do not agree to this Agreement, then you may not use the services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the services as an authorised representative.
This Agreement describes the terms governing your use of the Bosco. It includes by reference:
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our services. By accessing or using our services you agree that:
- You can form a binding contract with Modo25.
- You are not a person who is prohibited from receiving the services under the laws of the United States, England, Wales, or any other applicable jurisdiction.
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
1.2 Your rights to use the services
The services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the services and only for the purposes described by Modo25 who reserves all other rights in the services.
Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Modo25 grants to you a personal, limited, non-exclusive, non-transferable right and license to use the services.
You agree not to use, nor permit any third party to use, the services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the services to any unauthorised third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the services.
- Make the services available on any file-sharing or application hosting service.
1.3 Intellectual property rights
Modo25 reserves all of its intellectual property rights in the services including all trademarks and logos used in connection with Modo25, BOSCO™ and the services. Modo25 and BOSCO™ logos and any or all other trademarks, service marks, graphics and logos used for our services are owned by Modo25.
If you buy any of our paid services you agree to pay us the applicable fees and taxes and to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid services. Our paid services are offered on a payment or subscription basis and the following terms apply if you are the User paying for the services, unless Modo25 or its third party affiliate notifies you otherwise in writing.
This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the services:
- Payments will be billed to you by Modo25 in Pounds Sterling (£), US Dollars ($), or other applicable currencies at the relevant time (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the services.
- Payment will be made in a format agreeable to Modo25 including, but not limited to, direct debit, a valid credit card, a valid debit card or another payment option Modo25 provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorise us to continue billing your account with the updated information that we obtain.
- Modo25 will automatically renew your monthly, quarterly, or annual services at the prevailing rates, unless the services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the services.
1.6 Notices and messages
You agree that we will provide notices and messages to you either within the service, or sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
1.7 Data processing and privacy
1.8 Use with your mobile device
Use of these services may be available through a compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Modo25 makes no warranties or representations of any kind, express, statutory or implied as to:
- The availability of telecommunication services from your provider and access to the services at any time or from any location.
- Any loss, damage, or other security intrusion of the telecommunication services.
- Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted or stored through your use of the services. You grant Modo25 a worldwide, royalty-free, non-exclusive license to host and use any content provided through your use of the services. Modo25 is not responsible for the Content or data you submit through the services. You agree not to use, nor permit any third party to use, the services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law.
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy
- Virus, trojan horse, worm or other disruptive or harmful software or data.
- Any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Modo25 may freely use feedback you provide. You agree that Modo25 may use your feedback, suggestions, or ideas in any way, including in future modifications of the services, other products or services and advertising or marketing materials. You grant Modo25 a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Modo25 in any way.
Use of the services, software, and content is entirely at your own risk except as described in this agreement, the services are provided “as is.” To the maximum extent permitted by applicable law, Modo25, its affiliates, and its third party providers, licensors, distributors or suppliers disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services.
Modo25 and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. to the extent permitted by the applicable laws of England and Wales any implied warranties in respect to the services, software, and content are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.
Modo25, its affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations, laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law.
1.11 Limitation of liability
To the maximum extent permitted by applicable law, the entire liability of Modo25, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim.
Subject to applicable law, Modo25, its affiliates and suppliers are not liable for any of the following:
- Indirect, special, incidental, punitive or consequential damages.
- Damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Modo25’s systems requirements.
The above limitations apply even if Modo25 and its affiliates and suppliers have been advised of the possibility of such damages.
This agreement sets forth the entire liability of Modo25, its affiliates and your exclusive remedy with respect to the services and its use. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of England and Wales and for the avoidance of doubt Modo25 does not exclude liability for:
- Death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents.
- Fraud or fraudulent misrepresentation.
- Any other liability which cannot be lawfully excluded by contractual agreement of the parties.
You agree to indemnify and hold Modo25 and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the services or breach of this Agreement (collectively referred to as “Claims”). Modo25 reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Modo25 in the defense of any Claims.
Modo25 may immediately, in its sole discretion and without notice terminate this Agreement or suspend the services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the services and any outstanding payments will become due. Any termination of this Agreement shall not affect Modo25 rights to any payments due to it. Modo25 may terminate a free account at any time.
1.13 Governing law and jurisdiction
This Agreement will be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against Modo25 arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Modo25 does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Modo25 prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
All parties acknowledge that breach, or an apprehension of breach of any provisions of this Agreement, or any infringement Modo25’s or its suppliers’ intellectual property rights may cause Modo25 irreparable damage for which recovery of money damages would be inadequate. Accordingly, Modo25 shall be entitled, in addition to any other remedies available to it, to seek in any court of competent jurisdictionany relief, whether equitable or otherwise, to prevent or restrain any such breach or otherwise to protect Modo25’s rights under this Agreement.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
1.15 Bosco Do’s and Don’ts
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
- Provide accurate information to us and keep it updated.
- Use your real name on your profile.
- Use the Services in a professional manner and only for authorised business purposes.
You agree that you will not:
- Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account.
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the services or otherwise copy profiles and other data from the services.
- Override any security feature or bypass or circumvent any access controls or use limits of the service
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source.
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the services without Modo25’s express consent.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the services.
- Interfere with the operation of, or place an unreasonable load on the services.
1.16 How to contact us
For general enquires you may contacts us via firstname.lastname@example.org
For legal or corporate matters please write to us email@example.com