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Terms of Service

Effective Date: January 29, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and The KPS Group, LLC, a Texas limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the ModernOS platform, including all related websites, applications, and services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Definitions

  • "Account" means the account created by a User to access the Service.
  • "Authorized User" means any individual authorized by a Subscriber to access the Service under the Subscriber's Account.
  • "Content" means any data, text, files, images, photos, videos, or other materials uploaded, submitted, or transmitted through the Service.
  • "Subscriber" means the entity or individual that has entered into a subscription agreement with the Company.
  • "Subscription" means the paid access to the Service under a selected plan.

2. Description of Service

ModernOS is a cloud-based field service management platform designed for field-based service businesses, including but not limited to trades, construction, HVAC, plumbing, electrical, and similar industries. The Service provides tools for scheduling, dispatching, customer management, invoicing, payments, GPS tracking, and related operational management functions.

The Service is currently offered exclusively to businesses operating within the United States.

3. Account Registration and Security

3.1 Registration Requirements

To use the Service, you must:

  • Be at least 18 years of age
  • Provide accurate, complete, and current registration information
  • Have the legal authority to bind the entity you represent (if applicable)
  • Maintain and promptly update your Account information

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your Account
  • Immediately notifying us at Security@thekpsgroup.com of any unauthorized use or security breach

4. Subscription and Payment Terms

4.1 Subscription Plans

The Service is offered through various subscription plans with different features and pricing. All subscriptions are billed on a month-to-month basis unless otherwise specified. Current pricing and plan details are available on our website.

4.2 Payment

  • Payment is due at the beginning of each billing cycle
  • All fees are quoted and payable in U.S. dollars
  • You authorize us to charge your designated payment method for all applicable fees
  • Fees are non-refundable except as expressly set forth herein

4.3 No Refunds

ALL FEES ARE NON-REFUNDABLE. Because the Service is offered on a month-to-month basis, you may cancel at any time, but no refunds will be issued for any partial month or unused portion of your subscription period.

4.4 Cancellation

You may cancel your subscription at any time through your Account settings or by contacting us at Billing@thekpsgroup.com. Upon cancellation:

  • Your subscription will remain active until the end of your current billing period
  • You will retain access to the Service through the end of the paid period
  • No prorated refunds will be issued for early cancellation
  • Your data will be retained for 90 days after cancellation, after which it may be permanently deleted

4.5 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.

5. Acceptable Use Policy

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws
  • Upload, transmit, or distribute any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use the Service to send unsolicited communications (spam)
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Remove, alter, or obscure any proprietary notices
  • Use automated systems (bots, scrapers) to access the Service without our written permission
  • Resell, sublicense, or redistribute the Service without authorization

6. User Content and Data

6.1 Ownership

You retain all rights to the Content you upload to the Service. By uploading Content, you grant us a limited, non-exclusive license to use, store, and process that Content solely to provide and improve the Service.

6.2 Responsibility

You are solely responsible for all Content you upload and for ensuring you have all necessary rights and permissions. You represent that your Content does not infringe any third-party rights.

6.3 Data Export

You may export your data at any time through the Service's export functionality or by contacting us at info@thekpsgroup.com.

7. Intellectual Property Rights

The Service, including all software, designs, text, graphics, logos, icons, and other materials, is the exclusive property of The KPS Group, LLC and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

8. Third-Party Services

The Service may integrate with or contain links to third-party services (e.g., payment processors, accounting software). Your use of such third-party services is governed by their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party services.

9. Disclaimers

THE SERVICE IS 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.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE KPS GROUP, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any Content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or Content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless The KPS Group, LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content

12. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Non-payment of fees
  • Request by law enforcement or government agencies
  • Discontinuance or material modification of the Service

Upon termination, your right to use the Service will immediately cease. Sections 6, 7, 9, 10, 11, 13, and 14 shall survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

13.2 Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Rockwall County, Texas. You hereby consent to the personal jurisdiction and venue of such courts.

13.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at info@thekpsgroup.com to attempt to resolve the dispute informally within 60 days.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The KPS Group, LLC regarding the Service and supersede all prior agreements.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Continued use of the Service after such changes constitutes acceptance of the modified Terms.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

15. Contact Information

For questions about these Terms, please contact us:

The KPS Group, LLC

5900 Balcones Drive, Suite 100
Austin, Texas 78731

General Inquiries: info@thekpsgroup.com

Billing: Billing@thekpsgroup.com

Security: Security@thekpsgroup.com