Terms of Service

Effective date: July 22, 2026

1. Introduction

These Terms of Service ("Terms") are a binding contract between you and MODERNE, INC. ("Moderne," "we," "us," or "our"). They govern your use of the Code Genome Project website and code-search services at codegenomeproject.org (the "Services"). By using the Services, you agree to these Terms. Your use of certain Services may also be subject to additional policies incorporated here by reference, including our Privacy Policy.

2. Will these Terms ever change?

We may modify these Terms at any time. We will communicate material changes by posting a notice on the website, by email, or by other means. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

3. What about my privacy?

Our Privacy Policy describes how we handle personal data. We do not knowingly collect personally identifiable information from children under 13 and will delete such information if we discover it.

4. What are the basics of using the Services?

You must provide accurate registration information, may not impersonate anyone, and may not transfer your account without our written permission. You may authenticate through third-party providers, including GitHub and Google. You represent that you have the legal capacity to enter into these Terms. You are responsible for keeping your credentials secure and for all activity under your account.

5. What about messaging?

By creating an account, you agree that we may send you communications relating to the Services, such as account and service messages. You may opt out of non-essential messages by following the instructions provided.

6. Are there restrictions on how I can use the Services?

You agree not to use the Services in any way that: infringes intellectual property or other rights; violates any law; is harmful, fraudulent, deceptive, or threatening; jeopardizes the security of the Services or any account; attempts to gain unauthorized access; interferes with or disrupts the Services (including via spam or automated interference); or reverse-engineers or decompiles any part of the Services except as permitted by law. We may investigate violations and terminate access for anyone who breaches these Terms.

7. What are my rights in the Services?

The Services and their content (excluding open source code, artifacts, and recipe metadata sourced from third parties, which remain governed by their own licenses) are protected by copyright and other intellectual property laws. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services for your own internal use. Any other use requires our prior written permission.

8. Who is responsible for what I see and do on the Services?

You access the Services and all content at your own risk. We are not responsible for the accuracy, completeness, or usefulness of indexed code, recipe metadata, or other content, and you should independently verify anything before relying on it. The Services may contain links to third-party sites and resources that we do not control, and we are not responsible for them.

9. Will Moderne ever change the Services?

We are continually changing and improving the Services. We may add, change, suspend, or discontinue any part of the Services, or remove any content, at any time and without notice.

10. What if I want to stop using the Services?

You may stop using the Services at any time and may request account deletion by contacting us at team@moderne.ai. We may terminate or suspend your access to the Services at any time in our discretion. Provisions that by their nature should survive termination will survive, including intellectual property terms, disclaimers, limitations of liability, and dispute resolution terms.

11. What else do I need to know?

Warranty disclaimer

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MODERNE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA.

Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of one hundred ($100) dollars or the amounts you paid us in the twelve months before the claim.

Indemnity

You agree to indemnify and hold harmless Moderne and its affiliates from any claims arising out of your use of the Services or your violation of these Terms, including claims arising from activity under your account.

Assignment

You may not assign these Terms or your account without our prior written consent. We may assign these Terms freely.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Moderne and limits the manner in which you can seek relief from Moderne. Both you and Moderne acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Moderne’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration

The Rules will govern payment of all arbitration fees. Moderne will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Moderne will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement

Either you or Moderne may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial

YOU AND MODERNE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Moderne are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Moderne over whether to vacate or enforce an arbitration award, YOU AND MODERNE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Moderne is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 100 SE 2nd Street Suite 3570, Miami, FL 33131 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue

If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Moderne to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Moderne agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.

(h) Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Moderne.

Miscellaneous

You are responsible for any applicable taxes. Our failure to enforce any right is not a waiver. If any provision is found unenforceable, it will be limited to the minimum extent necessary. These Terms are the entire agreement between you and us regarding the Services and supersede any prior agreements. Nothing in these Terms makes you an employee or agent of Moderne.

Contact

Questions about these Terms can be directed to team@moderne.ai, or by mail to Moderne, Inc., 100 SE 2nd Street Suite 3570, Miami, FL 33131.