This Consumer Schedule applies when you use the Service as a Consumer, that is, an individual using the Service for your own personal, non-commercial purposes. It supplements the Modelware General Terms of Service (the "General Terms") provided by Modelware LLC, a California limited liability company ("Modelware"), and capitalized terms have the meanings given there. If this Schedule conflicts with the General Terms, this Schedule controls for Consumers. Nothing in the General Terms or this Schedule limits rights you have under mandatory consumer-protection law that cannot be waived.
1Acceptance and Eligibility
You accept these terms by clicking to accept or by creating an account and using the Service. You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. The Service is intended for personal, non-commercial use by Consumers.
2Personal-Use Scope
The right to use the Service granted in the General Terms is, for Consumers, a personal, non-commercial license for your own use. You may not use the Service on behalf of, or to provide services to, a business or other third party. If you wish to use the Service for business purposes, the Business Schedule applies instead.
3Fees and Billing
Merchant of Record. Consumer purchases made through Modelware's online checkout are sold by Paddle, Modelware's authorized reseller and merchant of record. Paddle, rather than Modelware, is the seller for the transaction and handles payment processing, transaction billing, applicable sales taxes and VAT, receipts, and transaction-level refunds. Paddle appears on your statement in place of Modelware. The transaction is subject to Paddle's buyer terms and refund policy, available at paddle.com/legal, in addition to these terms governing your use of Modelware's products and services. Where you purchase under a written agreement or invoice with Modelware rather than through the online checkout, Modelware is the seller and Paddle is not involved. References in this Schedule to the merchant of record mean Paddle unless we state otherwise.
Billing. Paid plans are billed at the price and frequency shown at checkout (for example, monthly or annually). You authorize the merchant of record for the transaction to charge your chosen payment method for the plan and any applicable taxes at the start of each billing period until you cancel. Prices may change for future billing periods, and we will give you advance notice of any price change as required by law. The Refund Policy identifies who performs a refund.
4Auto-Renewal and Cancellation
Automatic renewal. Not all plans renew automatically; whether a plan renews is stated at checkout. Where a plan renews, unless stated otherwise at checkout, it renews automatically at the end of each billing period at the then-current price, and your payment method is charged for each renewal, until you cancel. The billing frequency and renewal price are disclosed to you before purchase. Where a merchant of record is the seller for your transaction, renewal charges are processed by that merchant.
How to cancel. You can cancel at any time from your account settings or by emailing support@modelware.io. Cancellation stops future renewals and takes effect at the end of the current billing period; you keep access until then. Where Paddle is the merchant of record, you may also manage or cancel your subscription through Paddle's buyer portal, in addition to the methods above. Where required by law, we will send a renewal or cancellation reminder and provide an online cancellation method.
5Refunds
If you are not satisfied, you may request a refund of the fee within fourteen (14) days of your initial purchase by contacting support@modelware.io. This refund right applies to your initial purchase and not to subsequent renewal charges, and is in addition to any refund, withdrawal, or cancellation rights you have under applicable law or under the buyer terms of the merchant of record for your transaction. An approved refund is returned to your original payment method and is processed by the merchant of record for the transaction. Product-specific refund terms are set out in the Refund Policy and may differ from the refund right described above. In particular, Modelware Academy courses are refundable only on the terms stated in that policy, under which the refund right for a Digital Course ends once you first access the course materials.
6Right of Withdrawal (EU/UK)
If you are a Consumer in the European Union or the United Kingdom, you have the right to withdraw from your purchase within fourteen (14) days without giving a reason. If you ask us to begin providing the Service during the withdrawal period, you agree that we may start, and you acknowledge that you lose the right to withdraw once the Service has been fully performed. If you withdraw before full performance, you may be charged for the proportion of the Service already provided. To withdraw, contact support@modelware.io before the period ends. Where a merchant of record is the seller for your transaction, you may exercise this right through Modelware and any refund due is processed by that merchant to your original payment method; this does not affect any right you have to deal with that merchant directly.
7Your Statutory Rights
Depending on where you live, applicable law may give you mandatory cancellation, withdrawal, conformity, warranty, or other consumer rights, including certain implied warranties or guarantees about the Service. Nothing in the General Terms or this Schedule excludes or limits rights that cannot lawfully be excluded or limited. The section above describes the withdrawal right that applies to Consumers in the European Union and the United Kingdom; Consumers elsewhere may have equivalent or different rights under local law, and those rights apply in addition to the refund right described in this Schedule. The "AS IS" disclaimer in the General Terms applies to you only to the extent permitted by applicable law.
8Limitation of Liability (Consumers)
Modelware is responsible for loss or damage you suffer that is a foreseeable result of Modelware breaking these terms or failing to use reasonable care, but Modelware is not responsible for loss or damage that is not foreseeable. To the extent permitted by law, and except for liability that cannot lawfully be limited, Modelware's total liability to you for a paid plan will not exceed the amount you paid for the Service in the twelve (12) months before the event giving rise to the claim; for a free plan, Modelware's total liability will not exceed one hundred U.S. dollars (USD 100). Nothing in this Schedule limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
9Contact and Complaints
You can reach us with any question or general complaint at info@modelware.io, and with product-related complaints at support@modelware.io. Where Paddle is the seller for your transaction, transaction or billing complaints may also be submitted through Paddle's buyer-support channels at paddle.net. If you are a Consumer in the European Union, you may also have access to an alternative dispute resolution body in your country; Modelware is not currently committed to any such scheme.