Terms of Service

1. Introduction

Welcome to ModaMint Vault. These Terms of Service ("Terms") govern your access to and use of the ModaMint Vault website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By using our Services, you agree to these Terms and our Privacy Policy.

2. Definitions

Throughout these Terms, the following definitions apply:

• "ModaMint Vault," "we," "us," or "our" refers to ModaMint Vault, Inc., a company registered in the state of Georgia, USA.
• "You" or "your" refers to any individual or entity that accesses or uses our Services.
• "Gift Card" refers to any prepaid stored-value card, electronic gift card, or other payment instrument issued by ModaMint Vault or our retail partners.
• "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.
• "User Content" refers to Content that users provide to be made available through our Services.
• "ModaMint Vault Content" refers to Content that we make available through our Services.

3. Account Registration and Eligibility

3.1 Account Creation

To use certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to keep this information updated.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Eligibility

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old and that your use of our Services does not violate any applicable laws or regulations.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason without notice or liability. You may terminate your account at any time by contacting us.

4. Gift Card Terms

4.1 Purchase and Use

Gift Cards may be purchased through our website or authorized retailers. Gift Cards are intended for personal use only and not for resale. We reserve the right to refuse or cancel Gift Card orders that appear to be placed for commercial purposes or in bulk quantities.

4.2 Value and Denominations

Gift Cards are available in various denominations as specified on our website. The maximum value that can be loaded onto a single Gift Card is $1,000. The minimum value is $25.

4.3 Expiration and Fees

In accordance with federal law and applicable state laws:

• Gift Cards issued by ModaMint Vault do not expire for at least five years from the date of issuance or last load.
• No dormancy, inactivity, or service fees will be charged within the first 12 months after issuance.
• After 12 months of inactivity, a monthly maintenance fee may apply in states where permitted by law. The fee amount will be clearly disclosed at the time of purchase.

State laws may provide additional protections. For example, in California, Connecticut, Maine, and other states, Gift Cards cannot expire.

4.4 Lost or Stolen Cards

Treat your Gift Card like cash. We are not responsible for lost, stolen, or damaged Gift Cards, or for unauthorized use of Gift Cards. However, if you have registered your Gift Card with us, we may be able to replace the remaining balance on a lost or stolen card. Contact our customer service for assistance.

4.5 Redemption

Gift Cards can be redeemed at participating retailers as indicated at the time of purchase. ModaMint Vault is not responsible for any retailer's refusal to accept a Gift Card, though we will make reasonable efforts to resolve such issues.

4.6 Returns and Refunds

Gift Cards are non-refundable except where required by law. Unused Gift Cards may be eligible for refund within 30 days of purchase, subject to a processing fee where permitted by law.

4.7 Balance Inquiries

You can check your Gift Card balance through our website, by calling our customer service, or at participating retailers.

5. Intellectual Property Rights

5.1 ModaMint Vault Content

All Content included in or made available through our Services, including the design, selection, and arrangement of such Content, is owned by ModaMint Vault or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

5.2 License to Use

Subject to your compliance with these Terms, ModaMint Vault grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

5.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Services or Content
• Reverse engineer or attempt to extract the source code of our software
• Remove any copyright, trademark, or other proprietary notices
• Use our Services or Content for any commercial purpose without our prior written consent
• Use any data mining, robots, or similar data gathering methods

5.4 Feedback

If you provide us with any feedback or suggestions regarding our Services, you grant ModaMint Vault an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

6. User Content

6.1 Your License to Us

By submitting User Content (such as reviews, comments, or testimonials) to our Services, you grant ModaMint Vault a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and business operations.

6.2 Your Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to the User Content you submit
• The User Content does not infringe on the intellectual property rights or other rights of any third party
• The User Content does not violate any applicable laws or regulations
• The User Content is not defamatory, obscene, harmful, or otherwise objectionable

6.3 Our Right to Remove Content

We reserve the right, but not the obligation, to review, monitor, and remove User Content at our sole discretion.

7. Prohibited Conduct

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate the rights of third parties, including intellectual property rights
• Post, upload, or distribute User Content that is unlawful, defamatory, libelous, inaccurate, or misleading
• Impersonate another person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or damage our Services, including through the use of viruses, bots, malware, or similar technologies
• Attempt to gain unauthorized access to our Services or user accounts
• Use our Services to send unsolicited communications, promotions, or advertisements
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services

8. Disclaimers

8.1 "As Is" and "As Available"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantees

MODAMINT VAULT DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE, OR CURRENT

8.3 Third-Party Services

MODAMINT VAULT MAKES NO WARRANTIES REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH, THIRD-PARTY SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODAMINT VAULT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL MODAMINT VAULT'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO MODAMINT VAULT FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless ModaMint Vault, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved as follows:

1. Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you through email.
2. Arbitration: If the dispute cannot be resolved informally within 30 days, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
3. Exceptions: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property, unauthorized access, or data breach.

11.3 Class Action Waiver

YOU AND MODAMINT VAULT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Venue

Any legal action or proceeding relating to these Terms or the Services shall be instituted in the federal or state courts located in Floyd County, Georgia. You and ModaMint Vault agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

12. Changes to Terms

We may modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services or by other means. If you continue to use our Services after the changes take effect, you agree to the revised Terms. If you do not agree to the changes, you must stop using our Services.

13. Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using our Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ModaMint Vault concerning the Services.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ModaMint Vault.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ModaMint Vault's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. ModaMint Vault may freely assign or transfer these Terms without restriction.

14.5 Force Majeure

ModaMint Vault shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, or acts of civil or military authorities.

15. Contact Information

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