1. Introduction

Welcome to Modern Amenities, LLC (“Modern Amenities,” “we,” “our,” “us”). These Terms & Conditions (“Terms”) govern your use of the Modern Amenities website (modern-amenities.com) and any related online portals, as well as your access to our unattended retail equipment, software dashboards, and managed services (collectively, the “Services”). By accessing or using the Services, you agree to comply with these Terms. If you do not agree, please do not use the Services.

2. Eligibility & Acceptable Use

• You must be at least 18 years old and able to form a binding contract.

• You agree not to misuse the Services or engage in unlawful or fraudulent activity.

• We may modify, suspend, or discontinue any part of the Services at any time without liability.

3. User Accounts

• You are responsible for maintaining the confidentiality of any login credentials.

• All activity under your account is your responsibility. Notify us immediately of unauthorized access.

4. Payments, Fees & Subscriptions

• Pricing, revenue-share schedules, installation fees, and payment terms are detailed in your signed Service Order or online checkout.

• Fees are non-refundable except as required by law or expressly stated in the Service Order.

• Late payments may accrue interest at 1.5 % per month (or the maximum rate permitted by law).

5. Equipment & Property Access

• Unless otherwise specified in writing, all smart coolers, micro-market fixtures, and embedded software remain the property of Modern Amenities.

• You grant us reasonable on-site access during normal business hours for installation, restocking, maintenance, and removal.

• You agree to provide safe floor space, a standard 120 V outlet, and an indoor environment within recommended temperature ranges.

6. Intellectual Property

All content, software, trademarks, and documentation are owned by Modern Amenities or its licensors. You may not copy, modify, distribute, reverse-engineer, or create derivative works without prior written consent.

7. Privacy

Our collection and use of personal data are described in the Modern Amenities Privacy Policy, which is incorporated into these Terms by reference.

8. Warranties & Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Modern Amenities disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant continuous, error-free, or secure operation of the Services.

9. Limitation of Liability

Modern Amenities will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising from or related to the Services, even if advised of the possibility. Our aggregate liability under these Terms will not exceed the total fees you paid to us in the 12 months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold Modern Amenities, its affiliates, and their employees harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your:

• misuse of the Services,

• breach of these Terms, or

• violation of any third-party rights.

11. Termination

• Either party may terminate for material breach with 30 days’ written notice if the breach is not cured.

• Upon termination, you must provide access for equipment removal and pay all outstanding fees.

• Sections relating to intellectual property, warranties, limitation of liability, and indemnification survive termination.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. Any dispute not resolved informally will be settled by binding arbitration in [County, State] under the Commercial Arbitration Rules of the American Arbitration Association. Judgment may be entered in any court of competent jurisdiction.

13. Changes to These Terms

We may update these Terms periodically. The “Last updated” date indicates the latest revisions. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.