TERMS & CONDITIONS

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Last Updated: May 10, 2026

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These Terms of Service (the “Agreement”) are a legally binding agreement between the user, account holder, or subscriber of the Services (“Customer,” “you,” or “your”) and Modfyr LLC. or the applicable contracting entity identified on the Website (“Modfyr,” “we,” “us,” or “our”). You are referred to in this Agreement as the “Customer” whether you use unpaid Services, paid Services, or both. By registering for the Services, submitting a URL for analysis, creating an account, accepting a magic-link login, purchasing a subscription, or otherwise accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have authority to bind that entity to this Agreement, in which case the terms “Customer” or “you” will refer to that entity. If you do not have such authority, or if you do not agree to this Agreement, you must not accept it and may not access or use the Services. You acknowledge that this Agreement is an electronic contract between you and Modfyr, even though it is not physically signed, and that it governs your use of the Services.

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IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS. BY REGISTERING FOR, ACCESSING, OR USING THE 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.

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1. SERVICES

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1.1 Definition of Services

The “Services” consist of Modfyr’s web-based platform, analytical tools, dashboards, scoring frameworks, reports, and related functionality made available through Modfyr.com, Modfyr.webflow.io, or any successor or related URLs we designate (collectively, the “Website” or “Platform”). The Services are designed to analyze, measure, diagnose, and provide insights regarding the performance of webpages, particularly local landing pages, across traditional search engines and AI-driven discovery systems. The Services are offered through different access levels, including visitor interactions, free account-based access, and paid subscription plans. Users may submit a URL for analysis without first creating an account, but in order to view unpaid results, save projects, or otherwise access output generated by the Platform, the user must provide an email address, accept this Agreement, and receive a no-password-required magic link. Submission of that email address for result access constitutes account creation under this Agreement.

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Modfyr’s paid Services are offered through subscription tiers, including Local SEO, AI Readiness, and AI Compete. Each Account may have one active base subscription tier at a time. The free tier provides limited access to top-level overview outputs, while paid tiers provide deeper functionality, including more detailed scoring breakdowns, comparative analysis, project management, more frequent score refreshes, and related recommendations. Modfyr may also make available recurring capacity add-ons, such as additional project bundles, that increase project capacity for an existing active paid subscription. Add-ons do not grant access to a base paid plan by themselves.

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The Services may include, without limitation, tools and functionality for local SEO scoring and diagnostics; structured data and entity analysis; AI Readiness, GEO, and AEO diagnostics; AI Confidence evaluation; query and conversational intent coverage analysis; competitor URL comparison; periodic monitoring and rescoring of projects; recommendations derived from observable best-practice signals; dashboard visualizations; exportable or printable summaries; and other related tools, workflows, or analytical outputs that Modfyr makes available from time to time. The Services are diagnostic and analytical in nature and are intended to help Customers understand foundational factors that may influence how webpages are discovered, interpreted, crawled, indexed, cited, or otherwise surfaced by search engines and AI systems.

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1.2 Updates; Additional Services

The Services include all updates, changes, improvements, modifications, bug fixes, interface changes, enhancements, and feature revisions that Modfyr elects to make generally available to users of the Services under a given subscription tier, at no additional charge, unless otherwise stated (“Updates”). All Updates are part of the Services and are governed by this Agreement. Modfyr may, from time to time, offer additional products, services, capacity upgrades, project expansions, enterprise features, professional services, or other add-ons (“Additional Services”). Additional Services may be subject to this Agreement, supplemental terms, ordering documents, or separate terms and conditions that you may be required to accept before purchasing or using those Additional Services (“Additional Services Terms”). Additional Services Terms apply only to the specific services identified therein. In the event of a conflict between this Agreement and Additional Services Terms, the Additional Services Terms control solely with respect to the applicable Additional Services.

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1.3 Third-Party Services and Linked Websites

The Services rely on, interface with, or are affected by third-party systems and sources, including search engines, AI systems, website hosting environments, content delivery networks, bot-detection systems, security tools, analytics environments, and publicly accessible websites or URLs submitted by Customers (“Third-Party Services”). Third-Party Services are governed by the terms, policies, and technical limitations of their respective providers. Modfyr does not own or control those Third-Party Services and is not responsible for monitoring transactions or interactions between you and any such Third-Party Services. You are responsible for reviewing the terms and privacy policies of any Third-Party Services you choose to use in connection with the Services. The Services may also contain links to third-party websites or resources (“Linked Websites”). Modfyr is not responsible for the content, functionality, availability, accuracy, security, or practices of any Linked Websites and disclaims all liability arising from your access to or use of them.

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1.4 Data Access and Platform Limitations

The Services depend on the ability to retrieve, render, interpret, and process publicly accessible web content. Certain websites, landing pages, or resources may block, restrict, rate-limit, or otherwise interfere with automated access, crawling, rendering, or retrieval due to technical configurations, security controls, robots directives, consent walls, bot-detection systems, firewalls, hosting environments, or similar constraints. As a result, some submitted URLs may return incomplete, limited, delayed, or no results. These limitations are inherent to the nature of web-based analysis and are outside of Modfyr’s control. The inability to return results for a specific URL or project does not constitute a failure of the Services.

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2. DISPUTE RESOLUTION BY BINDING ARBITRATION

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2.1 Agreement to Resolve Disputes by Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. You and Modfyr agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating in any way to this Agreement, the Services, the Website, your account, your subscription, any project, or your relationship with Modfyr (each, a “Claim”) through informal written notice and consultation before initiating arbitration. The party asserting a Claim must first provide written notice to the other party describing the nature of the Claim and the specific relief sought (a “Consultation Notice”). If the parties do not resolve the Claim within thirty (30) days after receipt of the Consultation Notice, either party may initiate binding arbitration.

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2.2 Scope of Arbitration

You and Modfyr agree that all Claims that cannot be resolved informally will be resolved by binding arbitration on an individual basis, except as otherwise expressly provided in this Agreement. This agreement to arbitrate is intended to be interpreted broadly and includes, without limitation, claims arising in contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether they arise before, during, or after termination of this Agreement.

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2.3 Class Action Waiver

YOU AND Modfyr AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties or otherwise preside over any form of representative or class proceeding.

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2.4 Arbitration Rules and Venue

Any arbitration under this Section will be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules, as modified by this Agreement. The arbitration will be conducted by one arbitrator. Unless otherwise required by applicable law or agreed by the parties, arbitration hearings will be conducted remotely or in the county or parish where the Customer resides or is headquartered. The Federal Arbitration Act will govern the interpretation and enforcement of this Section to the fullest extent permitted by law.

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2.5 Exceptions

Nothing in this Section prevents either party from seeking relief in small claims court for qualifying claims, provided the matter remains on an individual basis, or from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or security interests.

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2.6 Jury Trial Waiver

BY AGREEING TO THIS ARBITRATION PROVISION, YOU AND Modfyr EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

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2.7 Opt-Out

You may opt out of this arbitration provision only by sending written notice to Modfyr at the legal contact address listed in Section 17 within thirty (30) days of first accepting this Agreement. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.

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2.8 Survival

This Section 2 survives termination of this Agreement.

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3. USE OF SERVICES

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3.1 Visitors and Customers

You may access portions of the Website as a visitor without an account; however, to access stored results, free account functionality, paid features, saved projects, subscription services, or other authenticated functionality, you must create or activate an account as described in Section 4. Free users may access only those limited features that Modfyr elects to make available on an unpaid basis (“Unpaid Services”). Paid subscribers may access those additional features included in the applicable subscription plan (“Paid Services”).

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3.2 Right to Use Services

Subject to this Agreement, Modfyr grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your own internal business purposes and only in accordance with this Agreement and the limitations of the subscription plan you select (“Subscription Plan”). You represent and warrant that: (a) all information you submit to Modfyr is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least eighteen (18) years of age and have the legal capacity and authority to enter into this Agreement; and (d) your use of the Services will not violate any applicable law or regulation.

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3.3 Restrictions

You may not, directly or indirectly: (a) sublicense, resell, lease, distribute, assign, transfer, or otherwise commercially exploit the Services except as expressly permitted by Modfyr in writing; (b) use the Services for any unlawful purpose or in any manner prohibited by this Agreement; (c) permit any person who is not an authorized user to access or use the Services through your account; (d) reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except to the limited extent such restriction is prohibited by law; (e) work around technical limitations in the Services; (f) interfere with, disrupt, probe, scan, test, or compromise the integrity, security, availability, or performance of the Services or any related network or system; (g) use automated means to access the Services in a manner that exceeds reasonable human usage or otherwise burdens the Platform; (h) use the Services to build, train, improve, fine-tune, benchmark, or validate any competing product, model, or service, including AI, machine learning, or large language model systems; (i) scrape, harvest, or systematically extract data or outputs from the Services; (j) upload malicious URLs, malicious code, or harmful content; (k) access the Services for competitive analysis of Modfyr for the purpose of building a competing product or service; or (l) remove, alter, or obscure any Modfyr proprietary notices.

You may not create multiple Accounts, use alternate email addresses, or otherwise attempt to circumvent subscription limits, billing terms, annual-plan commitments, promotional restrictions, capacity limits, or usage rules. Modfyr may merge, suspend, restrict, or refuse access to Accounts that it reasonably determines are being used to avoid applicable billing terms or usage limits.

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3.4 Usage Data

You understand and agree that Modfyr may monitor use of the Services for security, operational, support, billing, product improvement, abuse prevention, and analytics purposes. Modfyr may use data derived from your use of the Services in aggregated and anonymized form for benchmarking, model improvement, product development, research, and service optimization, provided that such data does not identify you, your account, or your specific properties.

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3.5 Beta Features

Modfyr may make available new, experimental, preview, or beta functionality (“Beta Features”). Beta Features may be incomplete, changed, suspended, or discontinued at any time. Beta Features are provided “as is,” may be subject to additional restrictions, and may not be suitable for production use. Modfyr has no obligation to make any Beta Feature generally available.

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3.6 Privacy

By using the Services, you authorize Modfyr to obtain, process, store, use, and transmit your personal data in accordance with Modfyr’s Privacy Policy. If you submit URLs, project data, competitive URLs, content, or related information through the Services, you represent that you have the right to do so and that your submission of such data does not violate any applicable law or third-party rights.

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3.7 Support

During an active paid Subscription Term, Modfyr may provide customer support in accordance with the support level, response model, or support channels then made available for your Subscription Plan.

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4. REGISTRATION AND ACCOUNT

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4.1 Registration

To use Unpaid Services or Paid Services requiring authenticated access, you must create an account (“Account”) through the registration and access procedures made available on the Website. While a user may submit a URL for analysis before registering, access to results requires the user to provide a valid email address and accept this Agreement. Upon submission of that email address for the purpose of receiving results, an Account is automatically created and a secure, no-password-required magic link may be sent to that email address to enable access. By submitting an email address and using that magic link, you acknowledge that you have created an Account and are bound by this Agreement.

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There is no cost to create an Account. However, to access Paid Services, you must provide valid billing details and purchase a Subscription Plan. Each Account is intended and designed for use by a single individual user associated with a unique email address. Team or multi-user access may be made available in the future or under separate terms.

If you purchase or are assigned a paid subscription through Modfyr’s payment processor, you must use the same email address for your Modfyr Account that is associated with your billing record, unless Modfyr manually links a different account. Modfyr is not responsible for delays or inability to access paid features caused by registering with an email address that does not match the billing email.

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4.2 User Responsibilities

You are solely responsible for: (a) maintaining accurate account information, including a valid email address and billing information where applicable; (b) safeguarding access to your Account, including any magic links, credentials, or other authentication methods; (c) all activities occurring under your Account; and (d) obtaining and maintaining the hardware, software, browser, internet connection, and other systems necessary to access the Services. Modfyr reserves the right to suspend or terminate any Account that exhibits unauthorized sharing, misuse, suspicious activity, or access patterns inconsistent with the permitted use of the Services.

If you purchase or are assigned a paid subscription through Modfyr’s payment processor, you must use the same email address for your Modfyr Account that is associated with your billing record, unless Modfyr manually links a different account. Modfyr is not responsible for delays or inability to access paid features caused by registering with an email address that does not match the billing email.

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5. FEES AND PAYMENT

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5.1 Fees

Customers of Paid Services will be charged the fees set forth in the applicable Subscription Plan, pricing page, Stripe-hosted checkout, billing portal, or ordering document accepted through the Website or otherwise agreed in writing (“Fees”). Unless otherwise stated, all Fees are in U.S. dollars. You agree to pay Fees monthly or annually in advance, according to your selected Subscription Plan, using a payment method accepted by Modfyr or its payment processor.

Except as expressly stated in this Agreement or required by law, Fees are non-refundable. Subscription changes may result in prorated charges or account credits as determined by Modfyr’s billing configuration and payment processor. Prorated credits, if any, are applied to future invoices or account balances and are not cash refunds unless required by law or expressly approved by Modfyr.

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5.2 Subscription Options

Modfyr may offer monthly and annual billing options for base subscription plans. Current plan pricing, billing intervals, and available add-ons are displayed on Modfyr’s pricing page, billing page, Stripe-hosted checkout, Stripe Customer Portal, or other checkout flow at the time of purchase or change.

Annual plans are offered at a discounted rate in exchange for a prepaid annual commitment. By purchasing an annual plan, you agree to pay for the full annual subscription term. Canceling an annual plan stops the next annual renewal but does not shorten the current annual term or entitle you to a refund, cash credit, or conversion to monthly pricing for the unused portion of the annual term, except where required by law or expressly approved by Modfyr.

Annual plans are discounted, prepaid subscriptions for the full annual term. Cancellation of an annual plan stops the next renewal but does not entitle Customer to a refund, cash credit, or conversion to monthly pricing for the unused portion of the term, except as required by law or expressly approved by Modfyr.

You may not create multiple Accounts, use alternate email addresses, or otherwise attempt to circumvent subscription limits, billing terms, annual-plan commitments, promotional restrictions, capacity limits, or usage rules. Modfyr may merge, suspend, restrict, or refuse access to Accounts that it reasonably determines are being used to avoid applicable billing terms or usage limits.

Project add-ons are monthly recurring capacity add-ons that increase project capacity for an existing active paid subscription. Add-ons may be increased or decreased through the Platform, subject to current usage limits. If reducing add-on quantity would cause your Account to exceed the resulting project limit, you must delete or reduce Projects before the reduction can be applied. Prorated charges or account credits may apply. Credits, if any, are applied to future invoices or account balance and are not cash refunds unless required by law or expressly approved by Modfyr.

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5.3 Auto-Renewal

Monthly subscriptions renew automatically on a monthly basis, and annual subscriptions renew automatically on an annual basis, unless canceled in accordance with this Agreement. By purchasing a subscription, you authorize Modfyr and its payment processor to charge the payment method on file for recurring Fees, including applicable subscription fees, capacity add-ons, taxes, and prorated charges, until cancellation or modification takes effect.

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5.4 Upgrades, Downgrades, and Capacity Add-Ons

Customers may upgrade or downgrade among available base subscription plans through the billing experience made available by Modfyr or its payment processor. Unless otherwise stated, upgrades to a higher-tier base plan may take effect immediately and may result in prorated charges for the remainder of the then-current billing period.

Downgrades to a lower-tier base plan, or changes from an annual billing interval to a monthly billing interval, generally take effect at the end of the then-current billing period, where supported by Modfyr’s payment processor and billing configuration. Until the downgrade becomes effective, you will generally retain access to your current paid plan.

Modfyr may offer recurring monthly capacity add-ons, including additional project bundles. Capacity add-ons increase the applicable project limits for an existing active paid subscription but do not grant access to a base subscription plan by themselves. Capacity add-ons may be increased or decreased through the Platform, subject to current usage limits. Add-on increases may take effect immediately and may result in prorated charges. Add-on decreases may be blocked or delayed if your current usage exceeds the resulting lower limit.

If your base subscription is billed annually and you purchase a monthly add-on, the add-on may be billed monthly and may appear separately from your annual base subscription charges or invoices.

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5.5 Cancellation

Monthly subscriptions may be canceled at any time through the billing portal or other account settings made available by Modfyr, with cancellation taking effect at the end of the then-current monthly billing period unless otherwise stated.

Annual subscriptions may be canceled at any time to stop automatic renewal, but cancellation takes effect at the end of the then-current annual billing period. Annual subscription fees are prepaid and discounted for the annual term. No refunds, cash credits, or monthly-rate conversions are provided for unused portions of an annual term, except as required by law or expressly approved by Modfyr.

After cancellation becomes effective, your Account may revert to Free access or another applicable unpaid state. Project, competitor, add-on, and feature access may be reduced, disabled, archived, or removed according to the limits of the resulting access level.

Upon effective cancellation, Modfyr may remove, archive, or disable access to projects, competitor projects, reports, or other paid-plan data associated with the canceled subscription, subject to applicable law and Modfyr’s data retention practices.

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5.6 Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, levies, or similar governmental assessments, excluding taxes based on Modfyr’s net income.

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5.7 No Refunds for Data Access Limitations

Customer acknowledges that subscription Fees are charged for access to the Platform and its analytical capabilities, and not for guaranteed results on any specific URL, project, competitor project, or property. If third-party websites block crawling, rendering, or retrieval, or otherwise prevent Modfyr from generating results for a project, such limitation does not entitle Customer to a refund, cash credit, offset, or billing adjustment.

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6. PROJECTS AND PLAN-SPECIFIC USAGE

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6.1 Project Definition

A “Project” means a tracked local/page URL and its associated analytical outputs within the Services. A “Competitor Project” means a saved AI Compete comparison configuration involving a primary URL and competitor URLs. Project and Competitor Project limits vary by subscription plan and applicable capacity add-ons.

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6.2 Project Modifications

To change a saved project URL, delete the existing project and submit a new URL.

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6.3 Project Refresh Frequency

Unless otherwise stated, unpaid project-level results may refresh less frequently than paid results. As of the Last Updated date, free access includes monthly updates to available overview scores, while paid subscriptions include weekly updates, generally on Mondays, for applicable subscribed products and related details.

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6.4 Capacity Limits and Overages

If your subscription is downgraded, canceled, or modified, or if you reduce capacity add-ons, your permitted project capacity may decrease. If your current usage exceeds the resulting plan or add-on limits, Modfyr may require you to delete or reduce Projects, Competitor Projects, or related saved data before you can continue using certain platform features. Modfyr may block creation of new Projects or Competitor Projects while your Account exceeds applicable limits.

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6.5 Project Capacity Add-Ons

Project capacity add-ons are recurring monthly subscription items that increase project capacity for an existing active paid subscription. Add-ons are not standalone subscription plans and do not grant access to paid plan features by themselves. Add-on quantity may be increased or decreased through the Platform where made available, subject to billing rules, proration, and current usage constraints.

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7. OWNERSHIP AND INTELLECTUAL PROPERTY

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7.1 Proprietary Rights

You agree that all right, title, and interest in and to the Website, Services, scoring systems, dashboards, methodologies, visualizations, outputs, technology, and all related intellectual property rights are and will remain the sole and exclusive property of Modfyr and its licensors. This includes all derivative works, improvements, modifications, algorithms, workflows, reports, and system-generated outputs of the Services, excluding your underlying submitted data. Except for the limited rights expressly granted in this Agreement, no rights are granted to you in the Services.

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7.2 Your Data

You retain ownership of the data, URLs, and information you submit into the Services. You grant Modfyr a non-exclusive, worldwide, royalty-free license to host, store, process, analyze, display, reproduce, and use such data as necessary to provide, secure, support, improve, and operate the Services.

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7.3 Feedback

If you provide suggestions, ideas, or feedback relating to the Services (“Feedback”), you agree that Modfyr may use such Feedback without restriction or compensation, and that such Feedback is non-confidential.

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8. TERM; TERMINATION

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8.1 Term

This Agreement begins when you first access, submit data to, register for, or use the Website or Services, and continues for as long as you access or use the Services.

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8.2 Subscription Term and Renewal

If you are a paid subscriber, your initial subscription term (the “Subscription Term”) will be the monthly or annual period selected during checkout or otherwise agreed in writing. Your subscription will automatically renew for successive terms of the same duration unless canceled in accordance with this Agreement.

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8.3 Termination and Suspension

Modfyr may suspend or terminate this Agreement, your Account, or access to some or all of the Services immediately or upon notice if: (a) you breach this Agreement; (b) payment is overdue or cannot be processed; (c) your use of the Services poses a security, legal, or operational risk; (d) you engage in fraud, abuse, or prohibited conduct; or (e) Modfyr is required to do so by law or third-party dependency constraints. Modfyr may also suspend or discontinue Unpaid Services at any time.

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8.4 Effect of Termination

Upon termination or expiration, your right to use the Services ends immediately. Modfyr may delete or disable access to data associated with your Account after a commercially reasonable period, subject to legal retention obligations, backups, and archival processes. Amounts accrued prior to termination remain due and payable. Upon termination, expiration, or effective cancellation of a paid subscription, project access and data retention may also be subject to Sections 5 and 6.

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8.5 Survival

Any provisions of this Agreement that by their nature should survive termination, including provisions relating to payment obligations, ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and confidentiality, will survive.

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9. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Modfyr DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND AVAILABILITY. Modfyr DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, OR SUITABLE FOR YOUR NEEDS, OR THAT ANY RESULTS, SCORES, OUTPUTS, OR RECOMMENDATIONS WILL PRODUCE A PARTICULAR PERFORMANCE OUTCOME.

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WITHOUT LIMITING THE FOREGOING, Modfyr DOES NOT GUARANTEE SEARCH RANKINGS, INDEXING, CRAWLING, TRAFFIC, REVENUE, LEAD GENERATION, INCLUSION IN AI-GENERATED RESPONSES, OR OTHER BUSINESS RESULTS.

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10. SCORING METHODOLOGY; INTERPRETIVE USE; THIRD-PARTY DEPENDENCIES

All scores, insights, findings, and recommendations generated by the Services are diagnostic evaluations of known technical, structural, entity, content, and trust-related factors that may influence a webpage’s probability of being crawled, interpreted, indexed, retrieved, cited, or otherwise surfaced by search engines and AI systems. These evaluations are based on generally accepted best practices, observable page-level signals, and Modfyr’s own methodologies. As reflected in Modfyr’s platform and scoring outputs, the Services evaluate factors such as crawlability, structured data, entity clarity, trust signals, content depth, and conversational coverage across SEO and AI-readiness contexts. The Services are designed to provide a foundational baseline for optimization and not a complete, customized search strategy. Customer acknowledges that Modfyr does not know the Customer’s full keyword strategy, target terms, business priorities, content roadmap, backlink profile, paid media plan, or competitive strategy unless expressly provided. As a result, Modfyr’s outputs should be interpreted in conjunction with the Customer’s own keyword, content, and business objectives.

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The Services depend heavily on third-party platforms and systems, including search engines, AI systems, large language models, hosting environments, browser-rendering environments, robots directives, security systems, and publicly accessible websites. Changes to those systems may affect data availability, interpretive models, and the usefulness or timing of outputs. Modfyr is not responsible for changes in third-party systems that affect performance, scores, data retrieval, or analytical outputs.

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11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Modfyr OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR SUBSTITUTE SERVICE COSTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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WITHOUT LIMITING THE FOREGOING, Modfyr SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM: (a) blocked, inaccessible, or partially retrievable URLs; (b) third-party website restrictions; (c) changes in search engine or AI system behavior; (d) your interpretation of or reliance on scores, insights, or recommendations; or (e) downtime, maintenance, rendering constraints, or third-party infrastructure issues.

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Modfyr’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO Modfyr DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU USE ONLY UNPAID SERVICES, Modfyr’S TOTAL LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS (US $50).

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ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY LAW.

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12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Modfyr and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of this Agreement; (b) your use or misuse of the Services; (c) your implementation or failure to implement any recommendation, output, or insight generated by the Services; (d) any URLs, data, content, or materials you submit to the Services; or (e) your violation of any law or third-party right.

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13. DATA PROCESSING AND USAGE

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13.1 Role of the Parties

As between the parties, Customer is the controller of data submitted into the Services, and Modfyr acts as a processor or service provider, as applicable, solely for purposes of providing and operating the Services.

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13.2 Data Use

Modfyr may process Customer data to provide scoring, insights, comparisons, recommendations, support, security, billing, service improvement, analytics, and related operational purposes.

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13.3 Data Security

Modfyr will implement commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer data.

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13.4 Aggregated and Anonymized Data

Modfyr may create and use aggregated, de-identified, and anonymized data derived from use of the Services for model improvement, benchmarking, analytics, product development, and business operations, provided such data does not identify Customer or Customer-specific properties.

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13.5 Data Retention

Modfyr retains data only as long as reasonably necessary to provide the Services, comply with legal obligations, support legitimate business purposes, enforce this Agreement, or maintain backups and archives consistent with standard operational practices.

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14. SERVICE AVAILABILITY

Modfyr will use commercially reasonable efforts to maintain availability of the Services. However, the Services are provided on an “as available” basis, and downtime may occur due to maintenance, upgrades, third-party dependencies, outages, abuse-prevention controls, rendering limitations, security events, or unforeseen technical issues. Modfyr does not guarantee uninterrupted or error-free operation. Modfyr may perform scheduled or unscheduled maintenance that temporarily affects availability.

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15. EXPORT RESTRICTIONS

You may not access, use, export, re-export, or otherwise transfer the Services in violation of applicable export control, sanctions, or trade laws. By using the Services, you represent that you are not located in, under the control of, or a resident of any jurisdiction subject to comprehensive sanctions that would prohibit provision of the Services, and that you are not a prohibited or restricted party under applicable law.

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16. GENERAL PROVISIONS

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16.1 Confidentiality

Each party agrees to protect the other party’s confidential information using reasonable care and not to use or disclose it except as necessary to perform under this Agreement, except for information that is publicly available through no fault of the receiving party, already known without duty of confidentiality, lawfully received from a third party, or independently developed.

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16.2 Assignment

You may not assign or transfer this Agreement without Modfyr’s prior written consent. Modfyr may assign this Agreement without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

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16.3 Force Majeure

Modfyr is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including internet outages, cyberattacks, labor disputes, infrastructure failures, utility interruptions, acts of God, governmental action, war, terrorism, pandemics, or failures of third-party systems.

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16.4 Relationship of the Parties

Nothing in this Agreement creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between the parties.

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16.5 No Third-Party Beneficiaries

This Agreement benefits only the parties and their permitted successors and assigns, and does not create rights in any third party.

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16.6 Severability

If any provision of this Agreement is found invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.

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16.7 No Waiver

A failure or delay by either party to exercise any right under this Agreement is not a waiver of that right.

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16.8 Entire Agreement

This Agreement, together with any Additional Services Terms, order forms, and policies expressly incorporated by reference, constitutes the entire agreement between you and Modfyr regarding the Services and supersedes prior or contemporaneous understandings relating to the subject matter hereof.

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16.9 Changes to Agreement

Modfyr may modify this Agreement from time to time by posting the updated version on the Website. Unless otherwise stated, changes become effective upon posting, provided that material changes may be made effective after a reasonable notice period. Your continued use of the Services after the effective date of revised terms constitutes acceptance of the updated Agreement. If you do not agree to the revised terms, you must stop using the Services before the revised terms become effective.

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16.10 Governing Law

Subject to Section 2, this Agreement is governed by the laws of the state identified by Modfyr on the Website or in the applicable order form, without regard to conflict of law rules. If no state is identified elsewhere, this Agreement will be governed by the laws of the State of Delaware, without regard to conflict of law principles.

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16.11 Notices

Notices to you may be sent to the email address associated with your Account or provided through the Services. Legal notices to Modfyr must be sent to the contact address in Section 17, unless Modfyr designates a different legal notice address on the Website.

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16.12 Language

The English-language version of this Agreement controls to the fullest extent permitted by law.

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17. CONTACT

If you have questions regarding this Agreement, you may contact Modfyr through online form at modfyr.com/contact or by email at contact@modfyr.com.

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