Terms of Service

By accessing or using ModernFSM software, mobile applications, or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

These Terms apply to all visitors, users, customers, and others who access or use the Service, including but not limited to trade contractors, HVAC professionals, electrical contractors, plumbing services, general contractors, and home builders operating in Texas and other states.

ModernFSM provides custom field service management software solutions specifically designed for trade professionals including:

• Custom scheduling and dispatching systems
• Mobile field applications for technicians
• Work order management and tracking
• Customer relationship management (CRM) integration
• Payroll and business management tools
• GPS tracking and routing optimization
• Invoicing and payment processing
• Custom integrations with existing business tools

All software solutions are custom-built to client specifications and may vary significantly based on individual business requirements and industry needs.

ModernFSM specializes in custom software development. Each implementation is unique and tailored to the specific needs of the client's trade business. This includes:

• Custom workflow design and implementation
• Industry-specific feature development
• Integration with existing business systems
• Custom reporting and analytics
• Ongoing development and feature additions

Development timelines, specifications, and deliverables will be outlined in separate Service Agreements or Statements of Work executed between Modern Brands and Stuff LLC and the client.

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to:

• Use the Service for any unlawful purpose or to solicit others to perform unlawful acts
• Violate any international, federal, provincial, or state regulations, rules, or laws
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false or misleading information
• Upload or transmit viruses or any other type of malicious code
• Attempt to gain unauthorized access to any portion of the Service

The Service and its original content, features, and functionality are and will remain the exclusive property of Modern Brands and Stuff LLC and its licensors. The Service is protected by copyright, trademark, and other laws.

Custom developments created specifically for a client may include shared intellectual property rights as outlined in individual Service Agreements. Client data and business processes remain the property of the client.

The ModernFSM name, logo, and branding are trademarks of Modern Brands and Stuff LLC and may not be used without express written permission.

ModernFSM operates on a custom pricing model. All pricing is determined based on:

• Scope of custom development required
• Number of users and locations
• Integration requirements
• Ongoing support and maintenance needs
• Industry-specific feature requirements

Payment terms, schedules, and amounts will be specified in individual Service Agreements. Generally:

• Development projects may require upfront payments or milestone-based payments
• Ongoing services are typically billed monthly or annually
• Late payments may incur additional fees as specified in Service Agreements
• Refund policies vary by service type and will be outlined in individual agreements

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

We implement appropriate security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and updates
• Access controls and user authentication
• Backup and disaster recovery procedures
• Compliance with applicable data protection regulations

However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

We strive to maintain high service availability but cannot guarantee uninterrupted access to the Service. Planned maintenance will be communicated in advance when possible.

Support services include:

• Technical support during business hours
• Emergency support for critical issues
• Training and onboarding assistance
• Ongoing consultation through The KPS Group LLC when applicable

Specific support terms and response times will be outlined in individual Service Agreements.

In no event shall Modern Brands and Stuff LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for any damages arising from or related to these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the event giving rise to the liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Accordingly, some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Modern Brands and Stuff LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and contact us at sales@modernbrands.co.

Upon termination, your right to use the Service will cease immediately. However, data retention and transition assistance will be provided as outlined in individual Service Agreements.

These Terms shall be interpreted and governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or in the state and federal courts located in Delaware.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

If you have any questions about these Terms of Service, please contact us: