Terms of Service for Modfest

Effective Date: May 18, 2026

These Terms of Service ("Terms") govern your access to and use of the Modfest mobile application (the "App") provided by Dakota Long ("we," "us," "our"). By downloading, installing, or using the App you agree to these Terms. If you don't agree, don't use the App.

These Terms include a mandatory arbitration agreement and class-action waiver in Section 14. Please read them carefully — they affect how disputes between us will be resolved.

For questions, contact us at support@modfest.app.

1. The Service

Modfest is a mobile application that helps you track vehicles, parts, and project plans, with optional features for backing up to the cloud and sharing builds with a community of other users. We may add, change, or remove features over time. Some features (cloud backup, expanded media limits, ad-free experience) are available only to Modfest Premium subscribers.

We reserve the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice, except where applicable law requires advance notice.

2. Eligibility

You must be at least 13 years old to use Modfest. If you are between 13 and the age of majority in your jurisdiction (typically 18, sometimes 16 or 19), you must have the consent of a parent or legal guardian to agree to these Terms. By using the App, you confirm that you meet these requirements.

In jurisdictions where the digital-consent age is higher than 13 (for example, some EU member states set it at 16), the App is not directed to users under that local age either.

3. Your Account

3.1 Sign-in

The App can be used without an account. If you create one, you authenticate with a third-party identity provider (Google or Apple). You're responsible for the security of your sign-in provider account; if it's compromised, your Modfest account may be compromised too.

3.2 Profile and username

You may set a username, display name, biography, location, and profile picture. Your username is permanent once chosen and cannot be changed without contacting us. Other profile details can be edited at any time. Don't impersonate other people, brands, or organizations, and don't pick a username that's misleading, infringes someone else's trademark, or violates these Terms.

3.3 One person per account

Accounts are for individual humans, not for shared use across multiple people. You're responsible for everything that happens under your account.

3.4 Account deletion

You can delete your account at any time from Profile → Data → Delete account. Deletion is immediate and irreversible. We will remove your account, your cloud data, and your published builds within the timeframe described in our Privacy Policy.

4. Your Content

4.1 Ownership

You own the content you create in Modfest. Photos, videos, vehicle records, project notes, comments, and everything else you upload — that's yours. We don't claim ownership of any of it.

4.2 License you grant us

To run the App and the social features, you grant Dakota Long a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, transmit, reproduce, modify (only as needed for technical operation, e.g. resizing or transcoding photos and videos), display, and distribute your content, solely for the purposes of:

• Storing your content and syncing it across your devices.
• Showing your content to you within the App.
• Showing content you choose to make public to other users of the App and to the public web (where applicable, e.g. share links).
• Running the operational, security, analytics, and customer-support functions described in our Privacy Policy.
• Promoting the App on our own marketing channels (e.g. screenshots in App Store listings, social-media posts about features) — but only with content you've already published publicly, and we'll credit you visibly when we do.

This license ends when you delete the relevant content or your account, except for: (a) backups taken before deletion (which roll off automatically), (b) copies that other users may have downloaded or screenshotted before you deleted, and (c) anonymized or aggregated derivatives that no longer identify you.

4.3 Public vs. private

By default, your cars, plans, parts, and inventory are private to your account. You explicitly opt content into the social feed by toggling the "Public on social" switch on a car or plan. Once public, that content can be viewed, liked, commented on, and shared by other users.

4.4 Your responsibility for your content

You're solely responsible for the content you upload. You confirm that:

• You have all the rights you need to upload it (you took the photo, you wrote the description, etc., or you have permission).
• It doesn't infringe anyone else's intellectual property, privacy, or other rights.
• It complies with the Acceptable Use rules in Section 5.

We don't pre-screen content, but we may review, remove, or restrict content that violates these Terms or applicable law.

5. Acceptable Use

You agree not to use Modfest, and not to allow anyone to use your account, to:

• Post or share content that is illegal, fraudulent, defamatory, harassing, threatening, hateful, or sexually explicit.
• Post or share content that infringes a third party's copyright, trademark, trade secret, or other intellectual-property rights — including but not limited to OEM logos, copyrighted imagery, or branded marketing material you don't have rights to.
• Post or share content depicting minors in any sexualized or exploitative way.
• Promote or facilitate violence, illegal goods or services, or self-harm.
• Spam, including bulk solicitations, repetitive low-quality posts, follow-and-unfollow farming, or fake-engagement schemes.
• Impersonate another person, brand, or affiliation.
• Misrepresent the source, condition, or provenance of vehicles or parts in a way intended to deceive other users (e.g. listing a salvage build as factory-original to defraud a buyer).
• Probe, scan, or test the vulnerability of the App or our infrastructure; bypass authentication; access non-public APIs; or use credentials or tokens that aren't yours.
• Use any automated means (bots, scrapers, crawlers) to access, copy, or interact with the App without our prior written permission.
• Interfere with the App's operation, including by transmitting malware or by overloading the service.
• Use Modfest for any purpose unlawful in your jurisdiction or ours.

We may, at our discretion, remove offending content, suspend accounts, terminate accounts, and report violations to relevant authorities.

6. Subscriptions (Modfest Premium)

6.1 What you get

Modfest Premium unlocks features like cloud backup, expanded photo and project limits, and an ad-free experience. The exact list of premium features may change over time; the current list is described in the App's paywall screen.

6.2 Billing

Subscriptions are sold and billed by Apple through the App Store (on iOS) and Google through Google Play (on Android), not by Dakota Long directly. By subscribing, you agree to the applicable Apple or Google billing terms in addition to these Terms.

6.3 Auto-renewal

Subscriptions automatically renew at the end of each billing period (monthly or yearly, depending on the plan you chose) unless you cancel at least 24 hours before the renewal date. Renewal charges are billed by Apple or Google to your store account. The price you see at sign-up is the current price; we may change subscription prices for future billing periods, but Apple and Google require advance notice and your express consent for any price increase.

6.4 Cancellation

You can cancel your subscription at any time:

• iOS: Settings → [your name] → Subscriptions → Modfest → Cancel.
• Android: Play Store → Account → Payments & subscriptions → Subscriptions → Modfest → Cancel.

Cancellation takes effect at the end of the current billing period. You keep premium access until then. We don't issue partial-period refunds for cancellations within a billing period.

6.5 Refunds

All refund requests are handled by Apple and Google, not by us. To request a refund, contact Apple's Report a Problem page or Google's refund-request form. We can't override or appeal a store's refund decision.

6.6 Free trials and promotional pricing

If we offer a free trial or promotional pricing, the duration and terms will be shown at the offer point. Trials convert to paid subscriptions automatically at the end of the trial period unless you cancel before the conversion date.

6.7 Restoring purchases

If you reinstall Modfest or sign in on a new device, tap Restore purchases on the paywall screen to re-link your active subscription.

7. Advertising

If you don't have an active Modfest Premium subscription, you may see banner advertisements served by Google AdMob in the social feed. Ads are served by AdMob and we don't control which specific ads you see. By using the free tier you agree to receive these advertisements.

You can disable personalized advertising by adjusting the App Tracking Transparency permission (iOS) or Ads settings (Android), or remove ads entirely by upgrading to Modfest Premium.

8. Intellectual Property of the App

The App itself — its software, design, logos, brand, and the Modfest name — is owned by Dakota Long (or our licensors). You may not copy, modify, reverse-engineer, decompile, disassemble, redistribute, sell, sublicense, or create derivative works of the App except as expressly permitted by these Terms or applicable law (e.g. the EU Software Directive's narrow reverse-engineering allowances for interoperability).

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use, subject to these Terms.

Vehicle marques, parts brands, and other third-party trademarks that appear in user-uploaded content are the property of their respective owners. References to those marks within the App are for nominative descriptive purposes and don't imply affiliation, sponsorship, or endorsement.

9. Reporting Infringement

If you believe content in Modfest infringes your copyright or other intellectual-property rights, send a notice to support@modfest.app that includes:

1. Identification of the work you claim is infringed.
2. The URL or in-app location of the allegedly infringing material.
3. Your contact information (name, address, phone, email).
4. A statement that you have a good-faith belief the use is not authorized.
5. A statement, under penalty of perjury, that the information is accurate and you are the rights-holder or authorized to act on their behalf.
6. Your physical or electronic signature.

We will respond consistent with the U.S. Digital Millennium Copyright Act (DMCA) where applicable, including by removing infringing material and terminating accounts of repeat infringers.

10. Termination

10.1 By you

You can stop using the App at any time. You can delete your account at Profile → Data → Delete account.

10.2 By us

We may suspend or terminate your access to Modfest — with or without notice — if we reasonably believe you've violated these Terms, broken the law, or created a risk to the App, our users, or us. We may also discontinue the App entirely; if we do, we'll give you reasonable notice and a way to export your data where feasible.

10.3 Effect of termination

When your account is terminated (by you or by us), your right to use the App ends. Sections 4.2 (License you grant us, to the extent residual copies survive), 8 (IP), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Disputes), and 15 (General) survive termination.

11. Disclaimers

Modfest IS PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by applicable law, Dakota Long disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade.

We don't warrant that:

• The App will meet your specific requirements.
• The App will be uninterrupted, timely, secure, or error-free.
• Stored data will not be lost or corrupted (you should keep your own backups of anything irreplaceable).
• Information presented by the App — including parts compatibility, install procedures, costs, or maintenance recommendations — is complete, accurate, or up-to-date.

Modfest is a tool to help you track and plan your vehicle projects. It is not a replacement for a qualified mechanic, an authorized service manual, or professional engineering advice. Mechanical and electrical work on vehicles can be dangerous; you are responsible for your own safety, the safety of others around you, and compliance with applicable laws and regulations (emissions, vehicle code, road-legal status, etc.).

Some jurisdictions don't allow disclaimers of implied warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Dakota Long WILL NOT BE LIABLE to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost data, loss of goodwill, business interruption, personal injury, or property damage, arising out of or related to the App or these Terms — even if we've been advised of the possibility of such damages.
• Dakota Long'S TOTAL CUMULATIVE LIABILITY to you for all claims arising out of or related to the App or these Terms will not exceed the greater of (a) the total amount you've paid us for Modfest Premium in the 12 months preceding the event giving rise to the claim, or (b) US $50.

The limitations in this section apply to the fullest extent permitted by law and apply even if a remedy fails of its essential purpose. Some jurisdictions don't allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Dakota Long and its officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App.
• Your content, including any allegation that your content infringes a third party's rights or violates applicable law.
• Your violation of these Terms.
• Your violation of any rights of another user or third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

14. Disputes — Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE DISPUTES RESOLVED IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

14.1 Informal resolution first

Before filing any claim, you agree to contact us at support@modfest.app and try to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.

14.2 Binding arbitration

If we can't resolve a dispute informally, you and Dakota Long agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration, except that:

• Either party may bring an individual claim in small-claims court if the claim qualifies.
• Either party may seek injunctive or equitable relief in court for unauthorized use or infringement of intellectual-property rights.

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, by a single arbitrator. The seat of arbitration will be North Carolina, USA, and may be conducted by phone, video, or written submissions. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

14.3 Class waiver

You and Dakota Long agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over a class proceeding. If this class waiver is found unenforceable, the entirety of Section 14.2 is null and void as to such claim, but the rest of these Terms remain in effect.

14.4 Opt-out

You may opt out of this arbitration agreement by sending written notice to support@modfest.app within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out. If you opt out, neither party may compel arbitration.

15. General

15.1 Governing law

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws principles. Subject to Section 14, the courts located in North Carolina have exclusive jurisdiction for any dispute not subject to arbitration.

15.2 Entire agreement

These Terms, together with our Privacy Policy at https://modfest.app/privacy, constitute the entire agreement between you and Dakota Long regarding the App and supersede any prior agreements between us on the same subject.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.4 No waiver

Our failure to enforce any provision of these Terms doesn't waive our right to enforce it later.

15.5 Assignment

You may not assign or transfer these Terms or your account to anyone else without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.

15.6 Force majeure

We won't be liable for any failure or delay in performance caused by circumstances beyond our reasonable control (natural disasters, pandemics, internet outages, war, government action, etc.).

15.7 Apple App Store users

If you're using Modfest on iOS, the following apply in addition to the rest of these Terms: (a) these Terms are between you and Dakota Long, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; (c) Apple is not responsible for product warranties or for product-liability claims; (d) Apple is a third-party beneficiary of these Terms and may enforce them against you.

15.8 Changes to these Terms

We may update these Terms from time to time. When we make a material change, we'll update the "Effective Date" at the top of the document and, where appropriate, notify you in the App or by email. Your continued use of the App after the effective date of the updated Terms means you accept them. The current version is always available at https://modfest.app/terms.

15.9 Contact

For questions about these Terms, contact:

Dakota Long
support@modfest.app
https://modfest.app