Terms of Service.

1. This agreement

These terms are a contract between your business and Mode. Using Mode means you accept them.

These Terms of Service are an agreement between Mode AI LLC, a Washington State limited liability company ("Mode", "we") and the business or person who opens a Mode account ("you"). They cover gotmode.tech, app.gotmode.tech and every Mode product you use through them (the "Service").

You accept these terms when you sign in, and again when you add a card at checkout, where we record the version you accepted and the time. If you accept for a company, you confirm you have the authority to bind it, and "you" means that company.

Mode is built for businesses. You confirm that you use it for business purposes and not as a consumer for personal or household use, and that you are at least 18 years old, or the age of majority where you live if that is higher.

The policies listed under Other Policies are part of this agreement where they apply to what you use. If one of them conflicts with these terms on its own subject, that policy controls for that subject.

2. What Mode provides

AI agents that do growth and marketing work for your business, plus the products they run on.

The Service includes the following.

• Mode Agent. AI agents that plan, run and measure marketing work for you, inside the limits you set.
• Mode Metrics. Analytics you install on your own sites and apps.
• Mode Relay. Email sending and inboxes on your own domain.
• Domains. Registration and management of domain names for your business.

Mode is in alpha. Features change often, some will be removed, and the Service can have errors and downtime. We do not promise an uptime level or support response time unless a separate signed agreement says so.

3. Your account

Keep your email secure. You answer for what your team and your agents do in your account.

• You sign in with a link sent to your email. There is no password. Anyone who controls that mailbox controls your account, so keep it secure.
• Give us accurate account and billing details and keep them current.
• Owners and admins of your organization decide who joins it and what they can do. You are responsible for everything done in your account by the people you invite and by your agents.
• Tell us at once at [email protected] if you think someone else has access to your account.

4. Agents act for you

An agent is software acting on your instructions. Its work is your work, so review what matters.

When you run a Mode agent you authorize it to act for you through its tools. Today those tools let it search the web, research, send and answer email from your domain, manage your contacts and lists, set up and read your analytics, change DNS records on your domains, ask to buy or renew a domain, and use any tool server you add yourself.

• You stay responsible. What an agent does in your account is treated as done by you, including what it publishes and sends in your name.
• Approvals. Anything that adds a charge, such as buying, transferring or renewing a domain or raising a spending limit, waits for approval by an owner of your organization. Email to more than 50 recipients, the first broadcast to a list, every outreach sequence, erasing a person's data and shortening data retention each wait for approval by a person in your organization. An agent cannot approve its own request and cannot widen its own limits.
• Usage limits. Agents work inside your plan's usage limit and, if you turned extra usage on, the spending limit you set. When a limit is reached, agents stop and tell you.
• AI output can be wrong. Agents use AI models. Their output can be inaccurate, incomplete or unsuitable, and can resemble output given to others. Review anything important before you rely on it. Nothing an agent produces is legal, tax, financial or other professional advice.
• Records. Approvals and agent actions are written to an audit log in your account.

5. Your content and data

You own what you bring and what your agents make for you. We use it only to run the Service for you.

"Your content" is everything you, your team, your connected accounts and your agents put into the Service, and the output your agents produce for you.

• Ownership. As between you and Mode, you own your content. Mode does not claim ownership of agent output made for you. We make no promise that output can be protected by copyright or that it is unique to you.
• Permission to operate. You give Mode permission to host, copy, process, transmit and display your content as needed to provide and secure the Service, and to send it to the service providers named on the Subprocessors page for that purpose. This includes sending prompts and content to the AI model provider that runs your agents.
• No sale, no ads. We do not sell your content or use it for advertising.
• Model training. Mode does not train AI models on your content or on any customer data. The AI providers that run your agents handle the content sent to them under their own published terms, which are summarized and linked on the Subprocessors page.
• Your responsibility. You confirm you have the rights and permissions needed for your content, including the personal data in it, and that using it in the Service does not break the law or anyone's rights.
• Usage data. We may use data about how the Service is used, in a form that does not identify you or any person, to run, protect and improve the Service.

How we handle personal data is covered in the Privacy Policy. Where we process personal data on your behalf, the Data Processing Addendum applies.

6. Connected accounts and other services

When you connect another service, you authorize Mode to act in it for you. That service's own terms still apply.

You can connect accounts you hold with other companies, such as ad accounts, a Slack workspace, data warehouses and payment accounts, and add your own model provider keys and tool servers. You authorize Mode and your agents to access and act in those accounts within the access you grant. You are responsible for following each provider's terms and for any charges they bill you, such as ad spend. You can disconnect an account at any time. Mode is not responsible for services it does not control.

7. Fees and billing

You pay a monthly plan price. Extra usage is off until you turn it on, and stops at the limit you set.

• Plans. Mode is sold as a subscription. You choose a plan on the pricing page or at checkout, and its price is charged to your card each billing period until you cancel. Team plans are priced per seat as shown there.
• Included usage. Each plan includes an amount of agent work for the billing period. The limit resets at the start of every billing period and unused usage does not carry over. Only work that completes counts toward it.
• When you reach the limit. Your agents pause new work and tell you. You can wait for the limit to reset, move to a bigger plan, or turn on extra usage. Mode never charges past your plan unless you turned extra usage on.
• Extra usage. Extra usage is off until an owner turns it on. It is billed as it is used, at the standard rates shown in your account, up to the spending limit you set, and you can turn it off at any time.
• Changing plans. You can change plans at any time. Moving up applies the bigger limit right away. Moving down starts with your next billing period.
• Add-ons. Add-ons you turn on, such as email sending, are priced on their own as shown where you turn them on, and are billed apart from your plan.
• Purchases you approve. One-time purchases, such as registering, transferring or renewing a domain, are charged to your card when an owner approves them. Domain renewals you have turned on are charged as the Domain Registration Terms describe.
• Card on file. Your organization needs a valid card on file before its agents do any work. You add it through Stripe Checkout. Mode never sees or stores your full card number.
• Your authorization. By adding a card you authorize Mode to charge it, without asking again each time, for your plan price each billing period, for extra usage you turned on as it is used, and for add-ons and purchases you approved, until you cancel or remove the card. We will tell you by email before we change how charges are calculated.
• Taxes. Prices do not include taxes. You are responsible for sales, use, value added and similar taxes on your purchases, other than taxes on Mode's income. Where we are required to collect a tax, it is added to your invoice.
• Failed payments. If a payment fails, or your card expires or is removed, your agents pause until a valid card is on file. Amounts you owe stay due.
• Price changes. We can change prices. We will tell you by email at least 30 days before a change applies to you. If you do not agree, cancel before it takes effect.
• Currency. All charges are in US dollars.

Cancelling and refunds are covered in the Refund and Cancellation Policy.

8. Terms for specific products

Some products come with their own rules. They apply only if you use that product.

• Mode Metrics. You decide what to measure on your sites and you are responsible for the notices and consent your visitors are owed. Mode processes your visitors' data only for you, under the Data Processing Addendum.
• Mode Relay. You are the sender of the email your account sends. The sending rules in the Acceptable Use Policy apply.
• Domains. Registering, transferring or renewing a domain through Mode is covered by the Domain Registration Terms, which include terms the registrar and ICANN require.

9. Acceptable use

Use Mode lawfully and do not use it to harm people or other services.

You agree to follow the Acceptable Use Policy. It covers what agents may be used for, the rules for sending email and the rules for collecting data from your visitors.

10. Mode's property and your feedback

The Service belongs to Mode. You get a right to use it, not to copy or resell it.

Mode and its licensors own the Service, including its software, design and brand. While your account is in good standing we give you a limited, non-exclusive, non-transferable right to use the Service for your own business. You agree not to copy, resell or reverse engineer the Service, get around its limits, or use it to build a competing product.

If you send us ideas or feedback, we may use them without restriction or payment.

11. Suspension and ending this agreement

You can stop at any time. We can suspend or close an account that breaks these terms, is not paid for or puts others at risk.

• By you. You can cancel at any time in Settings, as the Refund and Cancellation Policy describes.
• By Mode. We can suspend or limit your account, or part of it such as email sending, if you break these terms or the Acceptable Use Policy, if a payment is overdue, if we need to protect the Service, other customers or third parties, or if the law requires it. Where we reasonably can, we tell you first and give you a chance to fix the problem. We can end this agreement if the problem is serious or is not fixed.
• What happens after. When this agreement ends, your right to use the Service ends and charges you already owe remain due. You can ask us to delete your account data as the Privacy Policy describes. Domains registered through Mode remain yours and can be transferred out under the Domain Registration Terms.
• Terms that continue. Sections that by their nature should outlast this agreement do so, including those on fees owed, ownership, disclaimers, limits of liability, indemnity and disputes.

12. Changes to these terms

We will tell you before a material change takes effect, and each version is dated.

We can update these terms. The date at the top of this page is the date of the current version, and your account shows the date of the version you accepted. For a material change we will email the owners of your organization at least 30 days before it takes effect. If you keep using the Service after that date, you accept the new version. If you do not agree, stop using the Service and cancel before then.

13. No warranties

Mode is provided as it is. We do not promise it will be without errors or fit for a particular purpose.

To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mode does not warrant that the Service will be uninterrupted, secure or without errors, that agent output will be accurate, or that any marketing result, ranking, delivery rate, revenue or other outcome will be achieved.

14. Limits of liability

Our liability to you is capped, and neither side owes the other for indirect losses.

To the fullest extent the law allows, neither Mode nor its suppliers will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible.

To the fullest extent the law allows, Mode's total liability for all claims relating to the Service or this agreement is limited to the greater of the fees you paid Mode in the 12 months before the claim arose and 100 US dollars.

These limits apply to every kind of claim, whether in contract, tort or otherwise. They do not apply to liability that the law does not allow to be limited, or to amounts you owe Mode.

15. Your indemnity

If a third party brings a claim against Mode because of what you did with the Service, you cover it.

You will defend Mode and its officers, employees and suppliers against any third party claim, and pay the resulting damages, fines, costs and reasonable legal fees, to the extent the claim arises from one of the following.

• Your content, or what your agents publish or send for you.
• Email sent from your account, including claims under anti-spam laws.
• Data you collect from your visitors, contacts or customers, including a failure to give notice or get consent.
• A domain registered or used through your account.
• Your breach of these terms, the Acceptable Use Policy or the law.

We will tell you promptly about the claim, let you control the defense and cooperate at your expense. You may not settle a claim in a way that admits fault for Mode or binds Mode without our written consent.

16. Governing law and disputes

Talk to us first. Most problems are solved by email.

• Talk first. Before filing a claim, each side agrees to send the other a written description of the dispute and to try in good faith to resolve it for 30 days. Send yours to [email protected].
• Governing law. The laws of the State of Washington govern this agreement, without regard to conflict of laws rules.
• Where claims are heard. Any claim that is not resolved that way is heard only in the state and federal courts located in King County, Washington. You and Mode each consent to those courts.
• Injunctions. Either side may go to court at any time for an order to stop misuse of its intellectual property or unauthorized access to the Service.

17. General terms

The standard terms that make the contract work.

• Whole agreement. These terms and the policies they link to are the entire agreement between you and Mode about the Service and replace earlier ones on the same subject. A separate agreement signed by both sides controls where it conflicts with these terms.
• Electronic communications. You agree that we can send notices and records to you electronically, by email to the owners of your organization or in the app, and that these satisfy any requirement that a notice be in writing. Send legal notices for Mode to [email protected].
• Assignment. You may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of assets, and we will tell you if we do.
• Events outside our control. Neither side is liable for a delay or failure caused by events beyond its reasonable control, other than a failure to pay.
• Where Mode is offered. Mode is offered worldwide, with these exceptions. You may not use the Service if you are located in, or ordinarily resident in, a country or region under United States sanctions or embargo, or another country or region Mode chooses not to serve, if you are on a United States government list of sanctioned or restricted parties or are owned or controlled by someone who is, or to do anything United States export or sanctions laws prohibit. We may hold an account, with nothing charged meanwhile, while we check it against those lists, and ask you for information to do so. We may refuse or close an account where these laws require it or where it is in a place we do not serve.
• Severability and waiver. If a court finds part of these terms unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
• No third party rights. This agreement gives rights only to you and Mode.

18. Contact

Email or the contact form.

Questions about these terms go to [email protected] or the contact form. Account and billing help is at [email protected].