Modal Learner Terms of Service

Thank you for participating in the world's leading professional education platform with cohort-based, hands-on, and expert guidance for critical skills. These terms and conditions are applicable to individual learners.  If you are accessing Modal via an account with your employer, your use of the Modal services is governed by our Modal Subscription Agreement with your employer.  

When you create a Personal Learner Account with Modal to access and use our services, you agree to these Terms of Service which form a contract between you and Modal. You must be at least 18 years old to create a Personal Learner Account and consent to these Terms.

Personal Learner Account

In order to access our learning content, tools, coaches and other resources and services (the “Services”) and to participate in a learning journey, you need to create a Personal Learner Account. When setting up your account, you must provide Modal accurate and complete information, such as a valid email address. Information you provide to create your account is governed by the Modal Privacy Policy. Modal may share certain information about your use of the Services with your employer upon your instruction and as further provided in our privacy policy. 

You are fully responsible for ensuring the accuracy and security of the information submitted via your account. You are responsible for everything that happens on your account, including for any harm or damage (to us or anyone else) caused by anyone using your account without your permission. This means you are responsible for the safekeeping of your login credentials, specifically your password. You may not share your account or login credential with anyone or use someone else’s account. In the event of the death of a Personal Learner Account holder, the Personal Learner Account will be closed.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with sufficient information to prove you are the rightful owner of that account.

If you become aware that someone else may be using your account without your permission (or if you suspect any other breach of security of your account), please contact us immediately at support@modal.io and be ready to provide information to confirm you are the owner of the account.  

Right To The Services

Upon your creation of a Personal Learner Account and payment for a subscription, Modal grants you a non-exclusive, non-transferable and limited right, to access and use the Services for the duration of the subscription term. Such license is limited to your personal non commercial use only.  You may not:

  1. license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, lend, publish, or otherwise commercially exploit or make available the Services in any way to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
  2. scrape, spider, use a robot or other automated means of any kind to copy or make derivative works of the Services;
  3. create Internet "links" to the Service or "frame" or "mirror" any portion of the Service on any other server or wireless or Internet-based device;
  4. access the Services for purposes of assessing functionality or for any other benchmarking or competitive purposes; 
  5. bypass or breach any security device or protection for accessing the Modal website or Services other than by using your own valid login credentials;  
  6. reverse engineer, disassemble, decompile, decode, adapt or access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics, or (iii) copy any ideas, features, text, functions or graphics of the Services;
  7. remove, delete, alter, or obscure any disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services;
  8. impersonate a Personal Learner account holder in order to gain unauthorized access to the Service; or
  9. otherwise access or use the Services beyond your permitted use under these Terms of Service. 

Third Party Materials

The Services enable you to access and view certain content, information, materials, tools and other features sourced from third parties and not proprietary to Modal, such as Youtube videos, LinkedIn Learning and Pluralsight courses and industry expert content articles and podcasts that are generally available from the web and accessible via links on the Modal website. You shall comply with any third-party license terms applicable to the use of Third Party Materials. Trademarks, service marks, graphics, and logos used in connection with Third Party Materials belong to their respective owners. While we are careful about curating resources that will be helpful, we do not own or control these third party websites or publications, and therefore we are not responsible for the content or any other aspect of Third Party Materials, including their collection of information about you. You should read their terms and conditions and privacy policies before using the Third Party Materials.

Your Learner Data

Modal enables you to submit and upload data, information, work product or other materials to the Modal website as part of the Services (“Learner Data”). You remain solely responsible for the security of transmission of your Learner Data to the Modal website. Do not transmit to Modal any confidential or sensitive information via unsecured channels.

By uploading your Learner Data to the Modal website, you grant Modal a non-exclusive, worldwide, royalty-free right to use, host, copy, store, transmit, modify, process, and display your Learner Data in order to provide the Services to you, and perform analytics on your progress in courses and journeys and generally your use of the Services in order to improve our Services and offer you and other Learners a better experience.   

Subscription Payments - Refund Policy

Upon signing up for a subscription for the Services, you authorize us to charge your debit or credit card or process other means of payment for the subscription fees. The applicable subscription fee will be indicated at the time of your purchase. Additional information we collect for processing your payment is governed by the Modal Privacy Policy. Modal works with payment service providers to offer you a secure and convenient payment method.  You agree not to use an invalid or unauthorized payment method. Your access to the Services is subject to the payment of all outstanding subscription fees and we reserve the right to disable access to your Personal Learner Account if we have not received adequate payment. You may not register and pay for a subscription on behalf of any third party. 

By subscribing to our Services and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the applicable subscription fees via the payment method we have on record for you. All subscription fees are invoiced or paid via credit card in U.S dollars. You are responsible for any exchange rate fluctuations. You will pay any and all taxes pertaining to the charges and Services, including but not limited to property and/or use taxes, and you will reimburse Modal if we are required to pay any such taxes.  

Your subscription starts with your first journey and once you have started your journey, subscription fees charged are generally final and non-refundable.  You may cancel your subscription and request a refund before your first journey starts by reaching out to support@modal.io.  For journeys with more than one sprint, you can request a refund within the first sprint of your first journey by reaching out to support@modal.io to cancel your subscription and request a refund. Once you have participated in multiple sprints or earned a Certificate, you are no longer eligible for canceling your subscription or requesting a refund. Modal’s purpose and goal is to support you in your learning journey. If you are experiencing financial hardship or you want to continue your learning journey at a later point, please reach out to support@modal.io to discuss options with us.

Code of Conduct 

Through your use of the Services, you will be posting content to the Modal website and will be interacting with Modal staff, third party subject matter experts and Learners. The following actions and behaviors are strictly prohibited while using the Service:

  1. uploading, posting or sending spam or otherwise duplicative or unsolicited messages;
  2. uploading, posting, sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or objectionable material or content, including material harmful to children or violative of third-party intellectual property or privacy rights; 
  3. uploading, posting, sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; 
  4. interfering with or disrupting the integrity or performance of the Services or the Modal website; 
  5. soliciting personal information of any Learner, Modal staff, or third party subject matter expert;
  6. otherwise behaving in any rude or objectionable manner while interacting with Learners, Modal staff or third party subject matter experts.

Certification 

Modal may offer certification programs as further detailed in our website to allow you to evaluate your knowledge and skills with respect to a specific subject matter and obtain a certification (“Certification”).  In order to receive a Certification, you must have completed a Certification program and meet all the requirements as described in that program, including course completion, score and other requirements as described in the program. 

You must comply with all rules and regulations applicable to the administration of the Certification as set forth by Modal. You will not engage in any misconduct including without limitation: (a) receiving or providing unauthorized assistance, or submitting work that is not your own; (b) falsifying your identity or using false or forged identification documents, impersonating another individual or allowing another individual to impersonate you, or (c) disclosing, disseminating or otherwise misusing the content of a Certification program or evaluation material.

A Certification may only be used to indicate you meet the criteria for such Certification. The Certification is not a state sanctioned educational degree. Once you have received a Certification, you may represent yourself as having such Certification, as applicable, and use the applicable Certification name and/or logo as part of the description of your professional skills and credentials, including on your professional or personal social media pages. Any Certification logo constitutes a trademark of Modal, and you may not modify it in any way or do anything inconsistent with Modal’s ownership of such logo.

A Certification is personal to you and may not be assigned or transferred to anyone, including your employer who may not use your Certification to promote their products or services. Any attempted assignment will be null and void and shall constitute a breach of these Terms.

Modal may revoke your right to use a Certification by giving you written notice if, in our reasonable opinion, you have violated these Terms of Service or the conditions of use of a Certification such as, but not limited to, if you have misrepresented yourself, engaged in fraudulent conduct or any other conduct that Modal considers, in its sole discretion, as compromising the integrity, security or confidentiality of a Certification program or causes material harm to Modal’s brand, reputation or goodwill.

Modal’s Rights 

All rights, title, and interest in and to the Modal website and Services, including our present and future software applications, databases, and all content provided through our website and Services are and will remain the exclusive property of Modal and its licensors (except Third Party Materials). Our website, and Services are protected by copyright, trademark, and other laws of the United States. Nothing gives you a right to use the Modal name or any of the Modal trademarks, logos, domain names, and other distinctive brand features. All rights not licensed hereunder are expressly reserved by Modal. Modal shall also own any suggestions, ideas, enhancement requests, feedback, recommendations, specifications or other information provided by you relating to the Services.

Dispute Resolution

Modal is a California-based organization and these Terms are governed by laws of the State of California and the United States of America, without regard to their conflict of law principles. If a court having proper authority decides that any portion of these terms, policies, and guidelines are invalid, only the part that is invalid will not apply and the rest will still be in effect.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.

This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any dispute arising between you and Modal regarding the Services or these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.

In the event of any dispute between you and us arising from or relating to these Terms or your use of the Services, we shall use our respective best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute,” specifically setting forth the precise nature of the dispute. Please send any Notice of Dispute to us via email at support@Modal.io. Following Modal’s receipt of the Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties.

If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent claim, legal proceedings, or litigation arising in connection with the Modal Services will be resolved via BINDING ARBITRATION administered by the American Arbitration Association in San Francisco, California. The rules of the American Arbitration Association can be found here. By using the website and Services and agreeing to the above arbitration agreement, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Modal (except for matters that may be taken to small-claims court as set forth below). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Modal may be commenced only in the federal or state courts located in San Francisco County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude Modal from enforcing its intellectual property rights and/or seek provisional remedies against unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage, such as requesting a temporary restraining order, preliminary injunctions, and/or receiverships pending arbitration proceedings.

NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM. YOU AND AMG ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, MODAL, OR MODAL INDEMNIFIED PARTIES, BOTH YOU AND MODAL STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.

Class Action Waiver. Any proceedings to resolve any Dispute (for example, relating to any person’s access to or use of the Modal website or Services, or the provision of content, products, services, or technology on or through the website or Services, or the handling of information collected by Modal) will be conducted solely on an individual basis. Neither you nor Modal will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.

To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.

If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Modal reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by posting a notice through our website. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our website and Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

How to Contact Us

We would love to hear your questions, concerns, and feedback about these Terms and our website, platform, and services. If you have any questions or suggestions for us, or need help, feel free to contact our support team at support@Modal.io .

Because email communications are not always secure, please do not include sensitive information in your messages to us.