ModeSens Terms of Use

Last updated on: November 17, 2025

Welcome to ModeSens. shopping network website at https://modesens.com/ (the "Site"). These Terms of Use ("Terms") govern your use of the Site, its contents and features, and products, services, including the ModeSens Concierge, software, mobile applications, browser extension, video player, and tools offered by ModeSens, Inc. (“ModeSens”, "we," "us" or "our") (collectively, the "Services").

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE MODESENS PRIVACY STATEMENT , AND THE MODESENS COMMUNITY GUIDELINES AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Registration
You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.

During registration, you will be required to provide contact information including an email address, username and password. You may select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of ModeSens and the Site including our blogs. ModeSens reserves the right to reject or remove any username.

For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing, and credit card information. You are required to provide accurate and complete information.
Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

By accessing the Services, you represent and warrant to ModeSens that:
(1) you are an individual (i.e., not a corporation) at least 13 years old;
(2) you are of legal age to form a binding contract or have your parent’s permission to do so;
(3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information;
(4) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services;
(5) if you are under the age of 18 but at least 13 years of age, you uses this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
ModeSens Privacy Statement
Your use of this Site signifies your continuing consent to the ModeSens Privacy Statement, which you can examine any time by clicking on the \"Privacy\" link on the Site.

Personal information that you supply to ModeSens, and any information about your use of ModeSens that we obtain will be subject to the ModeSens Privacy Statement on this Site.
Changes to ModeSens
We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.
Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the ModeSens Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use ModeSens for lawful purposes only and may use the Site only in ways consistent with the law.

You shall not use any program, spider or \"bot\" to gather or \"harvest\" information from this Site.
Proprietary Rights
All materials displayed or performed on the Services, or which may be made available for you are protected by copyright. These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right.

The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of content, software, materials, or the Services in whole or in part.
Changes to these Terms of Use
We may change these Terms of Use at any time. You can review the most current version of these Terms of Use by clicking on the Site's \"Terms of Use\" link. If you continue to use this Site after we make changes to these Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
Electronic Delivery Statement and Your Consent
When you use our Services, or send emails to us, you are communicating with us electronically. By accessing the Service, you agree that we may communicate with you electronically. Such electronic communications may include e-mail, notices posted on our Services, \"push\" mobile notification, and other communications. and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or changes to these Terms of Use.
Content That You Supply
ModeSens may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.

If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Third Party Sites and Advertisers
ModeSens may include on the Site links to third party websites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ModeSens is not responsible for any claim or loss due to a third party site or any advertiser.
Product Transferred by the Forwarding Agency or Individual
If there are after-sales problems with the product transferred by the forwarding agency or individual, we can only provide refund from the merchant. How to return the product within the return window is up to you; the costs incurred during the return process are all borne by you.
Disclaimer of Warranties
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein 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. In addition, ModeSens does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. ModeSens does not represent or warrant that the price estimates for goods you order are the lowest or the best available price, nor does ModeSens offer price matching. While ModeSens attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
Limitation of Liability
To the fullest extent permitted by applicable law, ModeSens will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if ModeSens has been advised of the possibility of such damages.

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ModeSens or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the state of Texas, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Texas, USA in the County of Dallas, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. By agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, the state or federal courts in the state of Texas over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.
Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Reporting Claims of Copyright Infringement
ModeSens respects the intellectual property of others and takes claims of copyright infringement seriously. ModeSens will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that ModeSens remove or disable access to such material by submitting written notification to the copyright agent ModeSens has designated with the United States Copyright Office (“Copyright Agent”) at the following address:

DMCA Complaints
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that ModeSens replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:

DMCA Counter Notifications
Pursuant to the DMCA, your written counter notification must include substantially the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
Following receipt of your written counter notification by our Copyright Agent, ModeSens will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that ModeSens will replace the removed material and cease disabling access to it in ten (10) business days.

The DMCA allows ModeSens to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.

Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Others
When you begin using links, scripts, cookies and other technologies provided by ModeSens, we will collect and store information about your users and readers. We use this information for commission processing and data analysis, among other things. Due to system limitations some tracking is not fully supported by the merchants and cannot be tracked at the user level. ModeSens reserves the right to final interpretation.
Authenticity
ModeSens prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Brands sold on the Website are not partnered or affiliated with ModeSens in any manner. However, ModeSens fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
Trademark Notice
All third party brand names and logos used in any commercial context by ModeSens are trademarks and/or registered trademarks of their respective holders. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, please refer to “Reporting Claims of Copyright Infringement” following DMCA practices.
Right to Refuse Service
ModeSens reserves the right, at its sole discretion, to refuse, suspend, or terminate service to any individual or entity, without prior notice or liability, for any reason deemed appropriate, including but not limited to fraudulent, abusive, or suspicious activity; violations of these Terms and Conditions, the Privacy Policy, or any other applicable policies; misuse of the ModeSens platform or attempts to interfere with its operation or integrity; or unreasonable, inappropriate, or disrespectful behavior toward ModeSens staff, partners, or community members. ModeSens services are provided for individual and personal use only, and any commercial, business, or resale use of the platform or its services is strictly prohibited. In such cases, ModeSens may terminate or suspend user accounts, block access to services, or otherwise restrict platform usage at its discretion.
Partner Store Orders
When a customer clicks through ModeSens and places an order directly with one of our partner stores, such transactions are governed solely by the partner store's own terms, conditions, and policies. ModeSens does not process, manage, or oversee such orders and therefore cannot provide assistance, adjustments, or support regarding these purchases. All questions, requests, or communications related to such orders — including order, shipping, return, refund, but not limited to — must be directed to the respective partner store. However, if users experience or observe any misconduct or misrepresentation by a partner store, they may report it to info@modesens.com for review. Customers may also share their shopping experience by leaving a store review on ModeSens, which helps inform and guide other shoppers within our community.

Exception — Concierge orders: This limitation does not apply to orders placed via ModeSens Concierge under the ModeSens Elite Terms of Use. For Concierge orders, ModeSens will assist with ordering, returns, and other post-purchase steps as outlined in the ModeSens Elite Terms of Use.
Elite Membership and Concierge Services
The ModeSens Elite Membership and Concierge Service are governed by separate Terms and Conditions specific to those services. Users engaging with these services should refer to the applicable ModeSens Elite Terms of Use for complete details regarding eligibility, benefits, rights, obligations, and service limitations.

ModeSens Elite Terms of Use

Last updated on: November 17, 2025

These Terms of Use ("Terms") govern your participation in the ModeSens Elite Membership Program ("ModeSens Elite," "the Program," or "Service"), operated by ModeSens Inc. ("ModeSens," "we," "our," or "us").

By enrolling in or using the Program, you agree to be bound by these Terms, along with the general ModeSens Terms of Service and Privacy Policy.

Concierge Service
The ModeSens Concierge is a premium service available exclusively to active ModeSens Elite Members. Only members with an active Elite subscription may access concierge-assisted ordering and related exclusive benefits.

By placing a concierge order, the member authorizes ModeSens to:
- Determine and select the most suitable partner store for order fulfillment;
- Share necessary customer information (including name, shipping address, and contact details) with the selected partner store solely for the purpose of processing and fulfilling the order; and
- Act on the member's behalf to create store accounts, place orders, and manage all order-related communications, including returns, cancellations, and customer service inquiries.
Members must contact ModeSens directly for any questions or issues related to orders, payments, or services. Reaching out to merchants directly, initiating disputes with the merchant, or opening chargebacks against ModeSens may result in the loss of associated benefits and protections and may lead to membership termination and/or account closure.

ModeSens does not store, directly process, or share any payment information. All payments are securely processed by third-party payment providers, which are solely responsible for handling transactions and storing payment methods in accordance with their own security and privacy standards.

All confirmed concierge orders are shipped directly from partner stores to customers. ModeSens does not handle, inspect, or physically process any products, nor manage shipping or return logistics directly.

All concierge transactions are conducted in accordance with the ModeSens Privacy Policy and all applicable data protection laws.
Total Price Definition
“Total Price” includes all costs associated with obtaining the item, including product price, taxes, shipping, and duties (whether prepaid or collected on delivery).

ModeSens provides an estimated duty amount during checkout:
- If duties are included in the product price, no additional duty estimate will appear when placing your request.
- If duties are charged at checkout, we will include the estimated amount in your total and capture it once your request is confirmed.
- If duties are due upon delivery, we will display an estimated duty when you place your request. Please note that this estimate is for informational purposes only — it indicates that duties will be due upon delivery. The exact amount will be determined by the carrier and local customs authorities at the time of delivery. ModeSens will not capture this amount, and the customer is responsible for paying any required import duties or taxes directly to the carrier.
Target Total
Members may specify a Target Total at checkout. ModeSens will monitor pricing across verified partner stores and confirm the order only when the total price meets or falls below the specified target total.
Expiration Period
Members may set an expiration date of up to 90 days for each order request. If the requested item cannot be located within the selected period, the request will automatically expire. Members may update the expiration date at any time in their ModeSens account settings.
Authorization and Payment Hold
If the requested item cannot be located within three (3) days, and the payment method supports authorization, any hold will be automatically voided.

If the payment method does not support authorization, a full refund will be issued to the selected refund method after the request is expired or cancelled.
Out-of-Stock Sourcing
If a requested item is out of stock, ModeSens may suggest similar alternatives or available sizes. If no substitute is accepted, ModeSens will continue sourcing the original item until the expiration date.
Request Confirmation
Members may submit order requests for eligible items. ModeSens will use best efforts to locate and fulfill the request through its verified partner network at the best total price, applying valid promotions where possible. The price and stock information on ModeSens may not be up to date. Availability, pricing, and timelines may vary by merchant.

ModeSens does not guarantee that an item can be located at or below the Target Total. The request will not be confirmed in this case. If the request cannot be fulfilled within the expiration period, it will expire automatically, and any payment authorization will be released.
Returns
All returns are subject to ModeSens’s policies outlined below. However, certain products may be additionally governed by partner store return and shipping policies — such as shortened return windows, final-sale exclusions, or deductions for original or return shipping costs. Where applicable, these exceptions will be communicated in the order confirmation or return instructions.

Return requests must be submitted within fourteen (14) days of delivery. If a participating merchant’s return window is shorter than fourteen (14) days, ModeSens will notify the customer in the order confirmation email and within the order portal once the request is confirmed.

Eligibility

Non-returnable items include Final Sale products, or categories restricted by merchant policy (e.g., food, underwear, hygiene-related items).

All returned products must be in their original condition, unworn, unused, and undamaged. All original merchant tag(s) and any accompanying packaging or accessories must remain attached and intact.

Items that show signs of wear, use, alteration, or damage may be rejected by the merchant and deemed ineligible for return or refund.

Process
- Submit the return request via your ModeSens order portal.
- Upon approval, a prepaid return label and instructions will be provided via email, which can be downloaded in the ModeSens order portal as well.
- Returns must be shipped within 7 days of approval.
Refunds
All refunds are subject to ModeSens’s policies outlined below. However, certain products may be additionally governed by partner store refund policies — such as deductions for restocking or return shipping costs. Where applicable, these exceptions will be communicated in the order confirmation or return instructions.

ModeSens default refund method is ModeSens credit. Customers can change the refund method for each request at any time, before the refund is processed. Shipping cost is non-refundable, unless the product received has verified issues.
- If refunded as ModeSens Credit, full refund (product cost with associated sales tax) will be processed as ModeSens credit once the return is picked up by the carrier. If the merchant rejects the return due to an issue at customer's fault at a later time, ModeSens will charge back the customer with the pre-refunded amount. If the return is approved, ModeSens will cover any cost associated with the return.
- If refunded to the original payment method, processing of refund occurs after the merchant confirms receipt of the return and approves the refund amount. Any fees associated with the return will be deducted from the refund amount.
Duties and Customs

Duties and import taxes are subject to each destination country’s customs policies and regulations. Such charges may or may not be refundable by the respective customs authorities. Customers are solely responsible for any duties, taxes, or import fees incurred in connection with their order.
Lost Orders
Reporting a Lost Order

Customers must contact ModeSens Customer Service in order portal or by email within seven (7) days of:
- The order showing as delivered via tracking but not received; or
- No tracking updates for seven (7) consecutive days after shipment.
Customer Responsibility

Before filing a lost order claim with ModeSens, customers must:
- Contact the carrier directly;
- Check with neighbors, building management, or front desk; and
- Verify the shipping address on the order.
Refund or Replacement
- Once required evidence and statements are provided, ModeSens will represent the customer to open a lost order claim and handle the entire process.
- If refunded as ModeSens Credit, full credit, the total cost of the order, will be processed as ModeSens credit once required evidence and statements are provided. If the merchant rejects the lost order claim with sufficient evidence, ModeSens will charge back the customer with the pre-refunded amount.
- If refunded to the original payment method, resolution is made only after the merchant confirms investigation results. Merchant and carrier investigation process may take up to 3 months or more. If the merchant accepts the order is lost, ModeSens will arrange a replacement (if available) or issue a refund as the merchant agreed. If denied, the case will be closed, and the order record will note "claim denied."
Damaged Orders
Reporting a Damaged Order

Customers must report product damage within seven (7) days of delivery, including clear photos of the item, packaging, and original merchant tag. Original merchant tag(s) must be attached to the product.

Return Process

ModeSens will assist in initiating the merchant return process and provide return labels and instructions once the merchant approves the return.

Refund Method
- If refunded as ModeSens Credit, full credit, the total cost of the order, will be processed once the return is picked up by the carrier. If the merchant rejects the return due to an issue at customer's fault, ModeSens reserves the right to charge back the customer with the pre-refunded amount.
- If refunded to the original payment method, processing of refund occurs after the merchant confirms receipt of the return and approves the refund amount.
Price Drop Protection
Members may request a Price Drop Adjustment within 14 days of request confirmation by providing:
- Screenshots showing details, including the item, color, size, shipping address, and total price;
- The link to the lower-priced product page; and
- The requested adjustment amount.
Eligibility
- The lower price must be from a ModeSens partner store.
- The exact same item, color, and size must be available and able to be shipped to the exact same address.
- Comparison is based on total price, including duties, taxes, and shipping.
- The item must be new; third-party marketplace listings (e.g., eBay, GOAT, StockX, The RealReal) are not eligible.
- Once verified, ModeSens will credit the difference to the member's account as ModeSens Credit.
Membership Fees and Billing
Billing Cycle

Membership fees vary by tier and billing cycle. It will be automatically charged to the payment method on file at the beginning of each monthly billing cycle.

Automatic Renewal

By enrolling, you authorize ModeSens to automatically charge your payment method one day before the end of each billing cycle until canceled.

Non-Refundable Fees

All membership fees are non-refundable, including partially used periods or unused benefits.

Changes and Cancellations

Members may modify or cancel their membership anytime in account settings. Changes take effect the next billing cycle. No partial refunds or credits will be issued as change of the membership.

Payment Authorization

Members must maintain a valid payment method on file. Failed payments may result in suspension of membership and benefits.
Referral Rewards
Earn one free month of Elite Membership each time you invite a friend to join ModeSens. Once your friend creates a ModeSens account, both the inviter and the invitee will receive one free month of Elite Membership.

Eligibility and Conditions:
- The invited friend must be a new ModeSens user who has never registered before.
- If a friend receives multiple invitations, the first inviter will be credited.
- Free month credits have no limit and can be accumulated.
- Free month credits are automatically applied when the Elite Membership renews. It cannot be used for the first month of membership.
- Free month credits cannot be transferred to another account.
Eligibility and Scope
ModeSens Elite services are intended for personal, individual, non-commercial use. Use for business, resale, or commercial purposes may result in denial of benefits or account termination.
Fraudulent Behavior
Any fraudulent, deceptive, or abusive activity — including misuse of Shopper Protection, Price Drop Protection, or Full Refund Promise — may result in immediate termination, forfeiture of credits, and potential legal action. ModeSens reserves the right to investigate and report fraud to authorities.
Excessive or Abusive Use
Excessive return rates, repeated claims, or other abnormal usage inconsistent with typical consumer behavior may result in service denial, suspension, or termination.
Right to Refuse Service
ModeSens reserves the right, at its sole discretion, to refuse service or assistance with orders to any individual or entity for any reason, at any time.

This includes—but is not limited to—conduct or behavior deemed harmful to our business, employees, partners, community, or the integrity of our services.

ModeSens may also limit or prohibit orders that, in its sole judgment, appear fraudulent, abusive, or otherwise unable to be completed.

If ModeSens makes a change to or cancels an order, we may attempt to notify you by contacting the email address provided at the time the order was made.

This adds to, and does not limit, the general Right to Refuse Service.
Final Interpretation
ModeSens retains the right to final interpretation of all services, programs, and these Terms.

In any case of ambiguity or dispute, ModeSens’ determination shall be final and binding.
Amendments
ModeSens may update or discontinue any aspect of the Program or these Terms at any time without prior notice. Continued participation constitutes acceptance of such changes.
Limitation of Liability
ModeSens is not liable for indirect, incidental, or consequential damages arising from participation in the Program. To the maximum extent permitted by law, liability shall not exceed the membership fee paid for the relevant period.
Account Ownership
Each account is for individual use only and may not be shared or transferred. Members are responsible for maintaining account security. Unauthorized sharing may result in termination.
Prohibited Conduct
Members may not engage in conduct that interferes with or disrupts ModeSens systems, services, partners, or users.
Governing Law and Dispute Resolution
These Terms are governed by the laws of Texas, USA. All disputes shall first be resolved through mediation as determined by ModeSens.
No Guarantee of Availability
ModeSens does not guarantee uninterrupted or error-free access to its services. Access may be limited for maintenance, system updates, or other unforeseen circumstances.
Force Majeure
ModeSens is not responsible for delays or failures due to events beyond reasonable control, including natural disasters, strikes, internet disruptions, or governmental actions.
Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full effect.
Entire Agreement
These Terms constitute the entire agreement between you and ModeSens regarding the Elite Membership and supersede all prior communications or understandings regarding the Elite Membership only.
Additional Disclosures and Service Details
By using the ModeSens Concierge, you hereby acknowledge and agree that:
1. We may disclose personal information (such as your name and address) to our partner stores and payment processors (such as your payment method information) who perform services for us in connection with the Services, or to complete or confirm a transaction or series of transactions that you conduct with us. These third parties may use your personal information only as directed or authorized by us and in a manner consistent with our Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.
2. Except for the payment and order fulfillment provisions in these Terms, orders placed through ModeSens Concierge default to partner store terms as they relate to the goods and services sold by the partner store. Shipping and handling charges may not be refunded by the partner store fulfilling the order. Additionally, the cost of return shipping may be deducted from customers' refund. Returns and refunds are subject to the ModeSens return policy and the applicable partner store's return policy.
3. Customers acknowledge that ModeSens is not the merchant selling the goods when you use ModeSens Concierge and that ModeSens is providing a service to select goods and make purchases from partner stores on your behalf to fulfill your order.
4. When you place an order request through ModeSens Concierge we will locate the store that offers the requested product to fulfill your order. At the time you place an order, we will provide an estimated total for the order. The estimate provided during the order request process is not confirmed until a partner store fulfills the order. Order requests submitted through ModeSens Concierge are not final until ModeSens confirms the purchase. If the item requested is not available due to price or inventory changes, the order may be cancelled. Upon locating your requested products at a partner store, ModeSens will place the order so long as the final price is at or within the estimated total. If ModeSens locates the products in your order, but the price is greater than the estimated total, ModeSens will contact you to confirm that you want to complete the purchase at the stated price; ModeSens will not complete the purchase without your confirmation.

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