Welcome, and thank you for your interest in Mode Mobile, LLC.
Mode Mobile, LLC (together with any affiliates, the “Company,” “Mode,” “we,” “us” or “our”) owns and operates a number of mobile apps and interactive services, including Mode’s Earn App (the “Mode Apps” or “Apps”)). These Terms of Service (“Terms”) apply to the Mode Apps and to all of the features, mobile applications, emails, online services and other functionalities available via or related to the Mode Apps.
These Terms constitute a binding contract between you, an individual user (“you”) and the Company governing your use of the Service (as defined below). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT ACCESS OR USE THE SERVICE.
Material Terms: As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
1. General Terms and Conditions.
2. Registration, Accounts, Passwords and Security.
3. Intellectual Property and Licenses.
4. Your Responsibilities.
You may use the Service solely for lawful purposes and solely as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, Mode Member Accounts, or computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms. We may disclose violations of these Terms to governmental authorities in our sole discretion in order to enforce our rights, the rights of third parties, or to prevent injury or harm to any person.
5. Mode Points; Bonus Bucks.
6. Consent to Electronic Communications.
7. Mode Influencer and Referral Program Rules
From time to time, Mode may invite you to participate as an influencer (“Influencer”) or referrer (“Referrer”) in one of their Referral programs (“Mode Influencer and Referral Program”) to encourage people to use the Mode App. Participating in the Mode Influencer and Referral Program may enable you to earn Mode Points (“Referral Rewards”) by creating content that compels people to sign up for the Mode App.
Mode Influencer and Referral Program rules (the "Referral Rules") apply to Influencer programs that are administered solely by Mode. By accepting and sharing your referral link (“Referral Link”), you are agreeing to be bound by the Referral Rules. Any violation of the Referral Rules will not only prevent you from participating in any Mode Influencer and Referral Program (now or in the future), but could also result in the forfeiture or retraction of Mode Points or other rewards earned through the Services and even the deactivation of your account.
8. Content Submitted to the Service.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
10. Term and Termination.
11. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW:
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW:
13. Third Party Disputes.
14. Force Majeure.
15. Indemnification and Release.
16. Third Party Services.
17. Dispute Resolution.
18. Governing Law; Choice of Forum.
The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending Mode or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Mode, you agree that:
21. Open Source Software.
The Apps may contain certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found here.
22. Notice Regarding Apple.
You acknowledge that these Terms are between you and Mode only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Mode provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
The Mode Earn Phone is not rent-to-own. As long as you maintain your subscription you can keep earning up to $900 or more every year with your Mode Earn Phone. Receive a new device after 12 months.