Terms of Use

1. Agreement

These terms govern your use of this website, operated by Modekal Inc. ("Modekal", "we", "us"). By using the site, you agree to them. If you don't agree, please don't use the site.

2. Not an offer of securities

3. Product in development; forward-looking statements

Modekal's app and testing service are in development and are not currently for sale. Descriptions of products, features, phases, technology, timelines and plans are forward-looking. They reflect our current intentions and may change, be delayed or not happen. App screens, scenarios, data and recommendations shown on this site are illustrative examples, not real athlete data or actual results. Some images are placeholders.

4. Not medical advice

Content on this site is for general information only. It is not medical advice, diagnosis or treatment, and it is not a substitute for advice from a physician or other qualified professional. Don't start, stop or change any training, nutrition, supplement or medical plan based on this site. Talk to a qualified professional first. If you think you have a medical emergency, call 911 or your local emergency number.

Statements about genetics, biomarkers and performance describe our approach and the direction of research. They are not claims that any product will produce a particular outcome. Products described here have not been evaluated by the U.S. Food and Drug Administration.

5. Using the site

You may view and use the site for your own information. You agree not to:

• copy, scrape, reproduce or redistribute the site or its content, except as allowed by law;
• interfere with the site's security or operation, or try to gain unauthorized access;
• use the site in violation of any law or to infringe anyone's rights; or
• misrepresent your affiliation with Modekal.

6. Intellectual property

The site and its content, including text, graphics, design, the Modekal name and logo, and software, belong to Modekal or its licensors and are protected by intellectual property laws. Other names and marks belong to their owners and don't imply endorsement. Except as these terms allow, no license is granted to you.

7. Messages and ideas you send us

If you send us ideas, suggestions or feedback, you agree we may use them without obligation to you. Unless we have signed a written confidentiality agreement with you, please don't send confidential or proprietary information. Your contact details are handled under our Privacy Policy.

8. Third-party links and services

The site may link to, or rely on, services we don't control. We aren't responsible for their content, policies or practices.

9. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MODEKAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON'T WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MODEKAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions don't allow certain limitations, so some of these may not apply to you.

11. Indemnity

You agree to indemnify and hold harmless Modekal and its officers, directors, employees and agents from claims, losses and expenses, including reasonable legal fees, arising from your misuse of the site or your violation of these terms.

12. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute relating to the site or these terms will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction. Either party may bring claims only on an individual basis, not as a plaintiff or class member in any class or representative action, to the extent the law allows.

13. General

We may change or discontinue the site at any time. We may update these terms by posting a new version here with a new effective date. Continued use of the site means you accept the updated terms. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. These terms, together with the Privacy Policy, are the entire agreement between you and Modekal about the site.

14. Contact

Questions about these terms: danny@modekal.com.