Terms of Service

These Terms of Service ("Terms") govern your access to and use of Modyule, an Australian digital garage and build logbook for car enthusiasts, including our website, application and related features (the "Service").

Please read these Terms carefully. They include important provisions about disclaimers for vehicle modifications and AI-generated content, subscriptions and billing, and limitations of liability — all of which apply subject to laws that cannot be excluded, including the Australian Consumer Law.

• "Modyule", "we", "us", "our" — the operator of the Service.
• "You", "your", "user" — the person who accesses or uses the Service.
• "Account" — the registered account you use to access the Service.
• "User Content" — anything you add to Modyule, including vehicle details, specifications, power figures, modifications, parts, costs, service history, reminders, wishlists, notes, photos, cover images, receipts, invoices, documents, build pages and community content.
• "Public Content" — User Content you choose to publish or share, including public build pages, shared links and Discover listings.
• "AI Features" — features that use automated or machine-learning processing, including Build Battle and AI-generated commentary, estimates and summaries.
• "Paid Plan" — a Pro, Founding Member or other paid subscription.
• "ACL" — the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

By creating an account, accessing or using the Service, you agree to these Terms and to our Privacy Policy, which forms part of this agreement. If you do not agree, do not use the Service.

If you use Modyule on behalf of a business, you confirm you are authorised to bind that business, and "you" includes that business.

• You must be at least 16 years old to hold an account.
• If you are under 18, you may only use Modyule with the permission and supervision of a parent or guardian, and you must not purchase a Paid Plan without their consent.
• You must have legal capacity to enter into these Terms and must not be barred from using the Service under applicable law.
• You must not use Modyule if we have previously terminated your account.

• You must provide accurate and current account information.
• You must not impersonate another person, business or brand.
• You must not create an account for unlawful, fraudulent or abusive purposes.
• One person should not operate multiple accounts to evade plan limits, restrictions, suspensions or promotional eligibility.
• You are responsible for all activity that occurs under your account, whether or not authorised by you.

• Keep your login details confidential and do not share your account.
• Use a strong, unique password and keep your devices secure.
• Notify us at modyule.io@gmail.com promptly if you suspect unauthorised access to your account.
• We may require a password reset or temporarily restrict access where reasonably necessary to protect your account or the Service.

Modyule provides tools to create a digital garage and record and share information about your vehicles. Depending on your plan and settings, the Service may let you add vehicles and specifications, record power figures, modifications, parts, brands, costs and dates, log service history and vitality information, set service reminders, keep wishlists and notes, upload photos, cover images, receipts, invoices and documents, publish and share public build pages, appear in Discover, compare builds using Build Battle, use AI Features, and receive account, service and subscription notifications.

Modyule is a record-keeping and enthusiast platform. It is not a mechanic, workshop, engineer, certifier, inspector, insurer, lawyer, financial adviser or government authority, and it does not provide professional advice of any kind.

• You keep ownership of your User Content. These Terms do not transfer ownership of your vehicle photos, build information or other content to Modyule.
• You are responsible for your User Content, including its accuracy, legality and the rights required to upload it.
• You must have all necessary rights, licences and permissions for anything you upload, including photographs taken by other people and content featuring other people or their vehicles.
• We do not routinely review User Content, but we may review, moderate, restrict or remove content where reasonably necessary — for example where it appears to breach these Terms, the law, or the rights or safety of others.

To operate the Service you ask us to provide, you grant Modyule a non-exclusive, worldwide, royalty-free, sub-licensable (only to our service providers, and only for the purposes below) licence to host, store, reproduce, format, resize, compress, convert, display, transmit, back up, process and make technically necessary copies of your User Content.

This licence is limited by scope and purpose:

• Private content: the licence is limited to what is technically necessary to store, secure, back up, process and display your content back to you, and to provide the features you use (including AI Features you choose to run).
• Public content: where you publish or share content, the licence additionally allows us to display, distribute and make that content available publicly through the sharing, build page and Discover features you have enabled, including generating link previews and share cards for it.
• Service operation and improvement: we may use content as reasonably necessary to operate, secure, troubleshoot and improve the Service, and to comply with law, in each case only where legally permitted.

This licence does not permit us to sell your User Content, or to license it to third parties for their own independent commercial use. The licence lasts for as long as we host the relevant content, and ends within a reasonable period after you delete the content or your account, subject to the retention matters described in our Privacy Policy (including backups, legal obligations and copies already made by third parties from Public Content). We may retain and use aggregated or de-identified information that does not identify you or your vehicles.

When you make a build, profile or other content public, you acknowledge that:

• You authorise Modyule to display that content publicly through the Service.
• Public build pages can be viewed by anyone, including people without a Modyule account.
• You and others may share links to that content.
• Search engines and other third parties may discover, index, cache, copy, screenshot, download or redistribute that content.
• We cannot control or recall copies made outside Modyule, and removing content from the Service does not remove copies others already hold.
• You should not publish personal information, addresses, number plates, vehicle identifiers, documents or financial details you do not want publicly available.

You can change visibility settings at any time. We may remove or unlist Public Content where reasonably necessary to protect users, the platform or third parties, or to comply with the law.

Discover, shared builds, Build Battle and any other community features are shared spaces. Content posted by other users is their responsibility, not ours, and we do not endorse or verify it. Treat other users respectfully. You can report content or conduct that breaches these Terms by contacting modyule.io@gmail.com.

You must not use Modyule to:

• Engage in unlawful activity, fraud, scams or deceptive conduct;
• Impersonate any person, business, workshop or brand, or misrepresent affiliation;
• Harass, bully, threaten, stalk, defame or abuse others, or post hate speech or discriminatory content;
• Post sexual content involving minors, sexual exploitation material, or non-consensual intimate images;
• Upload malware, viruses, or malicious code, or conduct phishing or credential-theft activity;
• Scrape, crawl, harvest or bulk-extract data, use bots or automated abuse, or bypass rate limits, plan limits or usage restrictions;
• Reverse engineer, decompile or disassemble the Service except to the extent that restriction is prohibited by law;
• Circumvent security or access controls, attempt unauthorised access to accounts, systems or data, or probe or test our systems without authorisation;
• Interfere with, overload or disrupt the Service or its infrastructure;
• Send spam or unsolicited promotional content;
• Infringe copyright, trade marks or other intellectual property rights, or upload stolen or unlicensed content;
• Violate the privacy of others or publish another person's personal information;
• Publish misleading vehicle information for the purpose of fraud, sale scams, marketplace scams, odometer or specification misrepresentation, or insurance fraud;
• Promote or facilitate dangerous or illegal driving, unlawful street racing, or unlawful vehicle modification activity;
• Breach any applicable law or these Terms, or assist anyone else to do so.

We may remove content, disable public pages or Discover listings, restrict features, or suspend or terminate accounts where reasonably necessary to protect users, third parties, the Service or Modyule, or to comply with the law.

All vehicle details, specifications, power figures, weights, modifications, costs, dates and service records in Modyule are entered by users. We do not verify them. Information displayed on a build page or in Discover is a user's own record and should not be relied on as verified fact — including for purchase, sale, valuation, insurance or compliance decisions. Always independently inspect and verify a vehicle.

Modyule records information about vehicles. Modyule does not:

• Inspect vehicles;
• Physically test or dyno vehicles;
• Certify modifications or engineering compliance;
• Verify user-entered specifications;
• Guarantee horsepower, torque, acceleration, lap times, reliability, durability or build quality;
• Guarantee roadworthiness, emissions compliance, noise compliance, registration compliance, insurance coverage, legality or safety.

You are solely responsible for determining whether your vehicle and its modifications comply with all applicable requirements, including Australian federal law, State and Territory law, roadworthiness and defect requirements, registration requirements, engineering certification requirements, emissions and noise requirements, insurance requirements and disclosure obligations, motorsport or track requirements, and any other applicable rules in your location.

Nothing in the Service is professional mechanical, engineering, safety, legal, insurance, financial or compliance advice. Obtain advice from a qualified professional before making decisions about your vehicle.

AI Features may generate estimated power figures, modification classifications and comparisons, build rankings and scores, performance commentary, summaries, suggestions and Build Battle results.

• AI outputs are estimates generated automatically, not verified measurements.
• Outputs depend on user-entered data, which may be incomplete, outdated or incorrect.
• AI systems can produce inaccurate, inconsistent or fabricated information, and results may change over time or between runs as data, models or scoring change.
• We do not guarantee the accuracy, completeness or reliability of AI outputs.
• You must independently verify anything important before relying on it.
• AI outputs must not be relied on for safety-critical decisions, or for legal, engineering, insurance, roadworthiness, emissions, mechanical or financial decisions, and are not professional advice.

To provide AI Features, information you have entered may be processed by third-party AI providers as described in our Privacy Policy. AI Features may be limited by plan, rate-limited, changed or withdrawn.

Build Battle is a simulated comparison provided for entertainment and general interest only. Results must not be represented as, or relied on as, official dyno results, professional vehicle testing, guaranteed race or track outcomes, engineering analysis, safety analysis, or insurance or valuation assessment.

Results are affected by the completeness and accuracy of the data each user has entered, and by our scoring assumptions, which we may change. Battles may be limited by plan.

Where Modyule displays estimated power, torque, weight-to-power or other performance figures, those figures are estimates calculated from available data and assumptions. They are not dyno-verified and must not be presented as measured results, including in any listing or sale.

Actual performance varies with factors including vehicle condition, fuel, tune, ambient temperature, humidity, altitude, tyres, weight and load, driver, transmission and drivetrain losses, dyno type and correction factor, quality of parts and installation, maintenance state and many other variables.

Modyule owns or licenses all intellectual property rights in the Service, including the software, website and application, source code, branding, name, logo and wordmark, user interface, visual design, layouts, database structure and schema, platform architecture, scoring systems and methodologies, original content, documentation and other proprietary systems.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your personal or internal business use while your account remains active and in good standing. You must not copy, modify, distribute, sell, licence, frame, republish or create derivative works from the Service or our branding, or remove proprietary notices, except as permitted by law.

Feedback you send us may be used without restriction or obligation to you.

If you believe content on Modyule infringes your copyright or other rights, email modyule.io@gmail.com with the subject "Copyright complaint" and include: your contact details; a description of the work and the rights you hold; the URL or location of the content; a statement that you believe the use is not authorised by the rights holder or the law; and a statement that the information in your notice is accurate.

We will review valid complaints and may remove or restrict access to the content, and may notify the user who posted it. Repeat infringers may have their accounts terminated. Knowingly making a false claim may expose you to liability.

The Service relies on third-party providers, which may include payment, hosting, database and storage, authentication, email, analytics, error monitoring, AI and support providers. Those services are provided by independent third parties under their own terms and privacy policies. We do not control their systems and are not responsible for their acts or omissions, including outages or changes to their services.

Modyule may also contain links to third-party sites, retailers, workshops or products, including links added by users. Links are not endorsements, and your dealings with third parties are between you and them.

• Free plan: available at no cost, with feature and usage limits (for example limits on vehicles, modifications, wishlist items, photos, Build Battles and premium features).
• Pro plan: a paid subscription offering expanded limits and premium features, which may include unlimited vehicles and modifications, additional photo capacity, spend analytics, receipt and invoice storage, private logbook, advanced service reminders, premium share cards, expanded AI Features and unlimited Build Battles.
• Founding Member plan: a promotional paid subscription offering Pro features at promotional pricing, available in limited numbers or for a limited time.
• Plans may be offered on monthly or annual billing cycles where available at checkout.
• The current features and limits of each plan are those described on our Pro page and in the app at the time of purchase.

Founding Member pricing is a promotional rate, not a lifetime guarantee of access or features. It applies while your subscription remains active, continuous and in good standing, and remains subject to these Terms. If your subscription is cancelled, lapses or is terminated, the promotional rate may no longer be available to you.

• Prices are shown in Australian dollars (AUD) and include GST where applicable.
• The price displayed at checkout is the total amount charged for that billing period.
• Your payment provider or bank may apply currency conversion or international fees that are outside our control.
• We may change prices. Changes will not affect a billing period you have already paid for. We will give reasonable advance notice of price changes affecting future renewals, through the app, the website or by email, so you can cancel before the change takes effect.
• Promotional pricing applies only on the terms stated when it is offered.

• Paid Plans renew automatically at the end of each billing period until cancelled.
• Your billing date is set by your original purchase date, and renewal is charged to your saved payment method by our payment processor.
• Payments are processed by a third-party payment processor. We do not store your full card details.
• You authorise recurring charges for the applicable amount until you cancel.

• You can cancel at any time from your account settings or through the billing portal provided by our payment processor.
• Cancellation stops future renewals. Unless required by law or stated otherwise, paid access generally continues until the end of the period you have already paid for, after which the account reverts to the Free plan.
• When an account reverts to Free, your data is not deleted, but premium features and higher limits stop being available. Content that exceeds Free limits may become read-only, hidden or restricted from further additions until you delete items or resubscribe.
• You remain able to request an export or deletion of your data as described in our Privacy Policy.

If a payment fails, our payment processor may retry it. During that period access may continue, be restricted or be downgraded. If payment is not successfully made, the subscription may be downgraded or cancelled. You are responsible for keeping your payment details current.

• Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
• Our services come with consumer guarantees that cannot be excluded under the ACL. For a major failure you are entitled to cancel the service and receive a refund for the unused portion, or compensation for a reduction in value, and to compensation for any other reasonably foreseeable loss or damage. If the failure is not major, you are entitled to have the problem fixed within a reasonable time and, if it is not, to cancel and receive a refund for the unused portion.
• Outside those rights, subscription fees are generally not refundable for change of mind, unused time, or forgetting to cancel — but this applies only to the extent permitted by law.
• We may offer a refund or credit at our discretion, for example where there has been a billing error or duplicate charge.
• Contact modyule.io@gmail.com about any billing or refund issue and we will work with you.

• We aim to keep Modyule available and reliable, but we do not promise uninterrupted or error-free service.
• Outages, maintenance, bugs, data issues and third-party provider failures can occur.
• We may add, change, limit, suspend or remove features, plans or limits. Where a change would materially and adversely affect a Paid Plan you have already paid for, we will take reasonable steps to notify you and, where appropriate, offer a reasonable remedy such as a pro-rata refund for the unused period.
• You are responsible for keeping your own copies of information that is important to you.

Where reasonably necessary and subject to applicable law, we may suspend your account, restrict features, remove content, disable public build pages, remove Discover listings, or terminate your account. Reasons may include:

• Breach of these Terms or applicable law;
• Fraud, scams, abuse or deceptive conduct;
• Security threats, unauthorised access attempts or platform misuse;
• Non-payment of fees;
• Copyright infringement or privacy violations;
• Risk of harm to users, third parties, Modyule or the Service;
• A court order, regulator request or other legal requirement.

Where practicable and appropriate, we will give you notice and an opportunity to address the issue. Serious cases — including illegal activity, safety risks or security threats — may require immediate action. You may close your account at any time.

• Your right to access the Service ends.
• Public build pages and Discover listings are removed from public view.
• Your content may be deleted or retained for a limited period as described in our Privacy Policy, including for legal, accounting, security and backup purposes.
• Unless required by law or otherwise agreed, terminating does not entitle you to a refund for a period already paid, except where the ACL or another applicable law provides otherwise.
• You can request deletion of your data, subject to legal and operational retention requirements.
• Clauses that by their nature should survive (including intellectual property, disclaimers, indemnity, limitation of liability and governing law) survive termination.

You are responsible for:

• Your account, your login details and activity under your account;
• Your User Content, its accuracy and its legality;
• Ensuring your uploads do not infringe the rights of any third party;
• Your vehicle, your modifications and their condition, safety and compliance;
• Complying with all laws that apply to you and your vehicle;
• How you use and interpret AI outputs and estimates;
• Decisions you make based on information in the Service;
• What you choose to make public and the consequences of publishing it;
• Keeping independent backups of information important to you.

To the extent permitted by law, you indemnify Modyule and its personnel against liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising from a third-party claim, or from a regulatory action, that results from:

• Your unlawful, fraudulent or abusive use of the Service;
• Your User Content or Public Content;
• Your infringement of another person's intellectual property or privacy rights;
• Your breach of these Terms;
• Your vehicle, its use, condition or modifications;
• Your misuse of, or reliance on, AI outputs or estimates.

This indemnity does not apply to the extent the loss was caused or contributed to by Modyule's own breach, negligence or wrongful act, and it does not apply to the extent it would be unlawful or unfair under applicable law, including the ACL and the unfair contract terms regime. We will notify you of any claim covered by this clause and give you a reasonable opportunity to participate in its resolution.

Subject to section 34 and to any rights you have that cannot be excluded by law, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we do not warrant that:

• The Service will be uninterrupted, timely, secure or error-free;
• Information in the Service is accurate, complete or current;
• User-generated content is accurate, lawful or trustworthy;
• AI-generated content is accurate, reliable or fit for any particular purpose;
• Vehicle information, specifications or estimates are correct or verified;
• Third-party services will be available or perform as expected;
• Data will never be lost, corrupted or unavailable;
• Defects, bugs, maintenance interruptions or security incidents will not occur.

Nothing in this section is intended to exclude or limit any consumer guarantee, warranty or right that cannot be excluded under the ACL or other applicable law.

This section applies subject to section 34 and does not limit any liability that cannot lawfully be limited.

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, business opportunity, goodwill, anticipated savings or data;
• We are not liable for vehicle damage, mechanical failure, modification failure or installation issues, fines or penalties, insurance, registration, roadworthiness, emissions or other compliance consequences;
• We are not liable for loss arising from reliance on AI outputs, estimated power or performance figures, Build Battle results, or user-generated information;
• We are not liable for loss arising from third-party services, platform interruptions, maintenance, or acts or omissions of other users;
• Where liability cannot be excluded but can be limited, our liability for supplying services is limited, at our option, to resupplying the services or paying the cost of having them resupplied;
• Otherwise, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the greater of (a) the total fees you paid us in the 12 months before the event giving rise to the liability, and (b) AUD $100.

Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your acts or omissions caused or contributed to the loss.

Nothing in these Terms excludes, restricts or modifies the application of the ACL, any consumer guarantee, or any other right or remedy under a law that cannot lawfully be excluded, restricted or modified. If any provision of these Terms would do so, that provision applies only to the extent permitted by law.

Your use of Modyule is also governed by our Privacy Policy, which explains how we handle information and the security measures we take. You are responsible for your own account security as described in section 6.

• We may update these Terms from time to time.
• Minor changes — such as clarifications, formatting or non-material updates — may be made by publishing the updated Terms with a new "Last updated" date.
• Material changes will be communicated through the app, the website or by email where appropriate, before they take effect.
• Where a material change would substantially disadvantage you, we will give reasonable advance notice so you can stop using the Service or cancel a Paid Plan before the change takes effect.
• Continued use of the Service after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.

These Terms are governed by the laws of New South Wales, Australia. You and Modyule submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them. Nothing in this section prevents you from bringing a claim in another forum where a mandatory law or consumer protection right entitles you to do so.

• Step 1 — Contact us at modyule.io@gmail.com describing the issue, when it occurred and the outcome you are seeking.
• Step 2 — We will acknowledge your message and work with you in good faith to resolve it within a reasonable period, generally 30 days.
• Step 3 — If it is not resolved, either party may escalate the matter, including through mediation or an appropriate court, tribunal, regulator or consumer protection body.

This process does not require you to waive any statutory right, and does not prevent either party from seeking urgent interlocutory relief or from contacting a regulator or consumer protection body at any time.

• Entire agreement: these Terms and the Privacy Policy form the whole agreement between you and Modyule about the Service.
• Severability: if a provision is invalid or unenforceable, it is read down or severed, and the remainder continues to apply.
• No waiver: failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a sale, merger or restructure, provided your rights are not materially reduced.
• No agency: nothing creates a partnership, agency, joint venture or employment relationship.
• Force majeure: neither party is liable for failure to perform (other than payment obligations) caused by events beyond its reasonable control.
• Notices: we may give notice through the app, the website or the email address on your account. You can give notice to us at modyule.io@gmail.com.

For questions about these Terms, contact modyule.io@gmail.com or use our contact page.