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.
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 email@example.com and be ready to provide information to confirm you are the owner of the account.
Upon your creation of a Personal Learner Account and payment for a course or a subscription, Modal grants you a non-exclusive, non-transferable, and limited right, to access and use the Services for the duration of the course or subscription term. Such license is limited to your personal non commercial use only. You may not:
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.
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 paths and generally your use of the Services in order to improve our Services and offer you and other Learners a better experience.
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 course or subscription fees via the payment method we have on record for you. All 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.
Course fees are due either upon purchase of the course or upon completion of the course. Course fees are due whether or not you complete the course.
Subscriptions start with your first course and once you have started your course, subscription fees charged are generally final and non-refundable. You may cancel your subscription and request a refund before your first course starts by reaching out to firstname.lastname@example.org. For courses with more than one sprint, you can request a refund within the first sprint of your first course by reaching out to email@example.com 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 may have a partnership in place with your employer for deferred payments for courses or other payment options to enable you to have the cost of courses or subscriptions covered by your employer. This is indicated on the course page where applicable.
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 course at a later point, please reach out to firstname.lastname@example.org to discuss options with us.
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:
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.
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.
No guarantee of continued service
We may decide to cease making available the Modal website, or Services or any portion of the Services at any time and for any reason. Under no circumstances will Modal or its officers, directors, shareholders, affiliates, licensors, partners or agents be held liable for any damages due to such interruptions or lack of availability.
You should not consider Modal a place where you store your professional information. We are not an archiving service. We do not promise to store or make available on our website all Learner Data. You are solely responsible for keeping backups of all information you submit to the Modal website.
We will not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
As is service
Use of the Modal website and Services is at your own risk. These (including the content you find) are provided on an “AS IS” and “AS AVAILABLE” basis. Modal and its its officers, directors, shareholders, affiliates, licensors, partners or agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Modal and its its officers, directors, shareholders, affiliates, licensors, partners or agents make no warranty that (i) its website or any Services provided will meet your requirements; (ii) the website or Services will be uninterrupted, timely, secure or error-free or that Modal will fix any errors; (iii) you will obtain any specific results from use of the website or Services; or (iv) any content on the website or available through the Services is accurate, complete, reliable, current or error-free. Any content obtained through use of the website or Services is obtained at your own discretion and risk and Modal shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the Modal website or Services. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights, which vary from state to state.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.
These Terms, and any rights and licenses granted to you under these Terms, may not be transferred or assigned by you, but may be assigned by us to another organization, company or person without restriction.
Limitation of liability
To the fullest extent permitted under law, Modal and its officers, directors, shareholders, affiliates, licensors, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the website or Services, or any content provided, even if we have been advised of the possibility of such damages in advance. This limitation applies to damages arising from (i) your use or inability to use the website or access the Services; (ii) cost of procurement of substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the website; (iv) Third Party Materials made available to you through the website or Services; or (v) any other matter relating to any aspect of the website or Services, including any future applications, email communications, and Modal content on third party sites. Some countries and states do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you.
Notwithstanding anything to the contrary contained herein, Modal’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the amount of subscription fees charged to you and actually received by Modal.
You agree to indemnify, defend (if we so request), and hold harmless Modal and its its officers, directors, shareholders, affiliates, licensors, partners or agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from your posting of Learner Data, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the website and Services.
Termination and Survival
These Terms are in force and applicable to you for as long as you continue to use Modal and as long as you have a Personal learner Account with Modal. The sections of these Terms entitled Your Learner Data, Modal’s Rights, Legal Protection of Modal, and Dispute Resolution, as well as any payment obligation hereunder shall survive the expiration or termination of these Terms.
The Services may not be accessed by anyone located in the Crimea region of Ukraine, Cuba, Iran, North Korea, Venezuela, Sudan and Syria, or any future country embargoed by the United States and you represent and warrant to Modal that you are not located in any of these countries. You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any subscription, you must notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you.
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.
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.
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.