Updated June 26, 2023

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10 TO RESOLVE ANY DISPUTE RELATED TO THE MODE EARN CLUB OR ANY SERVICE PROVIDED BY MODE.

These Mode Earn Club (as defined below) terms and conditions (“Terms and Conditions” or “Agreement”) shall govern the program relationship between an individual (the “Member”) who agrees to participate in Mode Earn Club (as defined below) and Mode Mobile, LLC (together with its affiliates and subsidiaries, including Mode Phone, LLC, “Mode ”) (collectively, the “Parties”).  To the extent applicable, when a Member elects to receive a Mode Earn Phone as part of his/her Mode Earn Club membership, this Agreement includes, and incorporates by reference, the Warranty, Return & Exchange Terms (https://modephone.com/pages/warranty)​, and all amendments and addenda to this Agreement. Further, this Agreement also includes, and incorporates by reference, Mode’s Privacy Policy (https://modephone.com/privacypolicy).

You must carefully read this Agreement along with our Privacy Policy. If you register for a subscription on the Mode Earn Club website or on the Mode Earn App, the Mode Privacy Policy applies and explains our data collection practices on the  Mode Earn Club website and Mode Earn App. Upon signing up for a subscription to Mode Earn Club, you represent and warrant that you have read, that you understand, and agree to be bound by the terms of this Agreement, as modified by Mode from time to time and posted on the Mode Earn Club website. If you do not agree to this Agreement, or any modifications to this Agreement by Mode, then you have no right to sign up for a Mode Earn Club subscription. 

TERRITORY RESTRICTIONS – THE SERVICES ARE LIMITED TO RESIDENTS OF, AND ALL REGISTERED ACCOUNTS MUST HAVE A HOME ADDRESS LOCATED IN, THE UNITED STATES, THE UNITED KINGDOM, AUSTRALIA, NEW ZEALAND, OR CANADA (THE “SERVICE AREA”). YOU AGREE MODE SHALL NOT BE OBLIGATED TO PAY ANY CASH BACK AMOUNTS TO YOU IF YOU RESIDE IN A TERRITORY OUTSIDE THE SERVICE AREA.  

1. Mode Earn Club Summary.

Through its Mode Earn Club, Mode offers special rewards programs for Members, as more thoroughly explained herein in these Terms and Conditions (“Mode Earn Club”). Mode Earn Club allows a Member enjoy benefits included those listed below:

• Mode Earn Club Max (Primary Offering)
• Provides Members enhanced earning opportunities, curated deals and offers, recurring sweepstakes entries, expedited rewards payouts on the Mode Earn App and much more.
• Members are eligible to receive a free Mode Earn Phone after 6 months of continuous membership and a new Mode Earn Phone replacement every eighteen (18) months, provided that a member has maintained a continuous Mode Earn Club Max membership.
• Members are able to earn Cash Back on Qualifying Purchases at select third party retailers.
• In certain limited circumstances, certain Members may qualify to become Members of  Mode Earn Club Lite
• Provides Members enhanced earning opportunities, recurring sweepstakes entries (but in smaller increments than those granted to Mode Earn Club Max Members)  and expedited rewards payouts on the Mode Earn App

Mode  reserves the right to change these Terms and Conditions as well as the offerings provided to Members in each tier of Mode Earn Club from time to time. Mode shall provide written notice of material changes to Mode Earn Club Members. 

2. Eligibility/Registration Requirements.

In order to sign up as a Mode Earn Club member, an individual must, at a minimum, meet the following requirements:

• Be at least eighteen (18) years old, unless otherwise required by law in any applicable jurisdiction to be an age greater than eighteen (18) years old;
• Possess and use for payment of any membership fees owed hereunder a valid bank-issued credit card (no pre-paid cards) issued in Member’s name; and
• Possess a verifiable current email address and, if a Member elects to receive a Mode Earn Phone as part of the Mode Earn Club program, a physical address.

Member agrees to provide Mode with true, current and accurate information, including, but not limited to, Member’s name, email address, and credit card information. If at any time during the term of a Member’s membership, a Member no longer meets the minimum requirements stated in this Section 2, Mode shall be allowed to immediately terminate a Member’s Mode Earn Club membership in accordance with applicable sections herein.

3. Membership Fees & Payment.

Mode Earn Club Max Membership  In order to register for a Mode Earn Club Max membership, Member will need to sign up for a membership and accept this Agreement. Member will ensure that Member (a) provides accurate, truthful, current and complete information when creating a membership; (b) maintain and promptly update all membership information; (c) promptly notify Mode if Member discovers or otherwise suspects any security breaches related to such user’s membership; and (d) take responsibility for all activities that occur under such user’s membership and accept all risks of unauthorized access. 

By (i) checking the box under your credit card number on the checkout page for Mode Earn Club Max that says "Pay Now," and (ii) upon Mode processing Member’s personal information and your specified payment method ("Payment Source"), your Mode Earn Club Max membership shall immediately commence.

Limited Trials. Mode may, but is in no way obligated to, offer a limited Trial of Mode Earn Club Max. The Trials are offered at a discounted price for the period of time disclosed to you at sign-up, when compared to the subscription fee for the subscription based services of Mode Earn Club Max. Mode reserves the right to cancel any Trial at any time, and to change the features and services offered by the Trials at any time. The cost, benefits, services, and the duration of the Trial, if such Trial is offered by Mode, will be presented to you on the Mode Earn Club website and/or Mode Earn App. Trials of Mode Earn Club Max are charged in United States currency.  

If Mode is unable to charge your Payment Source the fee for any Trial that you authorize to be charged when you register for Mode Earn Club Max , then you agree Mode may, in its sole discretion, attempt to charge your Payment Source again after providing an email to you that your Trial access to Mode Earn Club Max is pending. You are responsible for any fees you incur by your bank and/or credit card as a result of your Payment Source being declined. Email notices will be sent to the email address you provided when you signed up for Mode Earn Club Max . At the end of your Trial your Payment Source will be automatically charged the monthly subscription fee that you authorize to be charged when you register for Mode Earn Club Max, unless you cancel your Trial before the end of the Trial period.  

BY SIGNING UP FOR A TRIAL OF MODE EARN CLUB MAX, YOU AGREE THAT YOUR TRIAL WILL AUTOMATICALLY BECOME A MONTH-TO-MONTH SUBSCRIPTION AT THE END OF THE APPLICABLE TRIAL, AND YOU AGREE TO ALL SUBSCRIPTION PAYMENT TERMS DISCLOSED TO YOU WHEN YOU SIGNED UP FOR A TRIAL ON THE MODE EARN CLUB WEBSITE AND/OR MODE EARN APP. IF YOU DO NOT AGREE TO THE TRIAL AUTOMATICALLY BECOMING A MONTH-TO-MONTH SUBSCRIPTION AT THE END OF YOUR TRIAL, YOU MUST CANCEL YOUR TRIAL PRIOR TO THE END OF YOUR TRIAL. IN ORDER TO CANCEL YOUR TRIAL, YOU MUST CANCEL YOUR TRIAL BY CONTACTING US AT [email protected] AND USING THE EMAIL HEADING “MODE EARN CLUB CANCELLATION” TO CANCEL YOUR MODE EARN CLUB MAX TRIAL. 

Mode reserves the right to terminate, deny, or modify the terms of any Trial at any time in its sole discretion and with or without notice to you, provided that Mode will use reasonable efforts, to the extent possible, to notify you of any material modifications to the Trial terms. 

 

Entitlement to Receive Mode Earn Phone. Provided that Member has maintained a continuous membership to Mode Earn Club Max for six (6) continuous months, Member shall receive a free Mode Earn Phone and shall be entitled to the benefits of Warranty, Return & Exchange Terms available to Mode Earn Phone users.  Thereafter, and provided that Member maintains a continuous membership in  Mode Earn Club Max at the time of receipt, Member shall receive a new Mode Earn Phone every twelve (12) months thereafter. For purposes of clarification, Member shall receive his/her first replacement Mode Earn Phone after eighteen (18) months of continuous membership and every twelve (12) months thereafter.

To the extent that Member informs Mode that he/she wishes to receive a Mode Earn Phone prior to the six (6) month anniversary of his/her Mode Earn Club Max membership, Member shall be assessed, through its authorized Payment Source, the difference between the retail price of the Mode Earn Phone and the cost of shipping and handling; and the sum of the Mode Earn Club Max membership payments made by Member at the time of election to receive a Mode Earn Phone.

MODE RESERVES THE RIGHT TO CHANGE THE PRICE OF MODE EARN CLUB MAX OR MODE EARN CLUB LITE MEMBERSHIP FEES, INCLUDING THE TRIAL PRICE, AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. IF MODE CHANGES THE MEMBERSHIP PRICE FOR MODE EARN CLUB MAX OR MODE EARN CLUB LITE, THE MODIFIED MEMBERSHIP PRICE WILL TAKE EFFECT AFTER WE PROVIDE NOTICE TO YOU. THE NEW FEE(S) WILL BE AUTOMATICALLY CHARGED ON YOUR NEXT BILLING CYCLE. MODE RESERVES THE RIGHT TO TERMINATE, DENY, OR MODIFY THE TERMS OF YOUR ACCESS TO YOUR MEMBERSHIP AT ANY TIME IN ITS SOLE DISCRETION AND WITH OR WITHOUT NOTICE TO YOU, PROVIDED, HOWEVER MODE WILL USE REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE, TO THE EXTENT POSSIBLE, FOR ANY MATERIAL CHANGES. MODE ALSO RESERVES THE RIGHT TO CHANGE ANY FEATURES OR SERVICES PROVIDED IN THE MODE EARN CLUB SERVICE AT ANY TIME IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU.

IN THE EVENT THAT WE ARE UNABLE TO CHARGE YOUR PAYMENT SOURCE THE FULL AMOUNT OF THE MODE EARN CLUB MAX SUBSCRIPTION FEE OF $19.99 AFTER YOUR 7-DAY TRIAL, YOU AGREE THAT WE MAY ATTEMPT TO CHARGE YOUR PAYMENT SOURCE A REDUCED PRICE, DEDUCTING $3.99 FROM YOUR CURRENT EARN CLUB MAX SUBSCRIPTION FEE ("FIRST REDUCED FEE"). 

IF THE FIRST REDUCED FEE CANNOT BE SUCCESSFULLY CHARGED, YOU AGREE WE MAY ATTEMPT TO CHARGE YOUR PAYMENT SOURCE A REDUCED PRICE BY DEDUCTING $6.00 FROM YOUR CURRENT MODE EARN CLUB MAX SUBSCRIPTION FEE ("SECOND REDUCED FEE").

IF WE ARE UNABLE TO CHARGE THE SECOND REDUCED FEE TO YOUR PAYMENT SOURCE, YOU AGREE THAT WE MAY DOWNGRADE YOUR SUBSCRIPTION TO EARN CLUB LITE, AT A FURTHER REDUCED PRICE OF $15 OFF FROM THE CURRENT EARN CLUB MAX SUBSCRIPTION FEE ("FIRST MODE EARN CLUB LITE REDUCED FEE").

SHOULD THE FIRST EARN CLUB LITE REDUCED FEE BE UNSUCCESSFUL, YOU AGREE THAT WE MAY THEN ATTEMPT TO CHARGE YOUR PAYMENT SOURCE A REDUCED PRICE BY DEDUCTING $1.99 FROM YOUR CURRENT EARN CLUB LITE SUBSCRIPTION FEE ("SECOND MODE EARN CLUB LITE REDUCED FEE").

IF THE SECOND EARN CLUB LITE REDUCED FEE CANNOT BE SUCCESSFULLY CHARGED, YOU AGREE THAT WE MAY MAKE A FINAL ATTEMPT TO CHARGE YOUR PAYMENT SOURCE BY DEDUCTING $2.00 FROM YOUR CURRENT EARN CLUB LITE SUBSCRIPTION FEE ("THIRD MODE EARN CLUB LITE REDUCED FEE").

IF ANY OF THESE REDUCED FEES (FIRST REDUCED FEE, SECOND REDUCED FEE, FIRST MODE EARN CLUB LITE REDUCED FEE, SECOND MODE EARN CLUB LITE REDUCED FEE, OR THIRD MODE EARN CLUB LITE REDUCED FEE) ARE SUCCESSFULLY CHARGED TO YOUR PAYMENT SOURCE, YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT SOURCE THE APPLICABLE REDUCED FEE EACH MONTH FOR YOUR MEMBERSHIP UNTIL YOU CANCEL YOUR MEMBERSHIP.

IN EACH OF THESE INSTANCES, THE SUCCESSFUL CHARGE OF THE REDUCED FEE WILL BE FOLLOWED BY A DOWNGRADING OF YOUR SUBSCRIPTION TO THE CORRESPONDING LEVEL, AND THE REDUCED FEE WILL BECOME THE NEW RECURRING FEE FOR YOUR SUBSCRIPTION, UNLESS FURTHER PAYMENT DIFFICULTIES NECESSITATE ADDITIONAL DOWNGRADES AND ASSOCIATED FEE REDUCTIONS.

IF THE PROCESSING OF ALL THESE REDUCED FEES IS UNSUCCESSFUL  (I.E., FIRST REDUCED FEE, SECOND REDUCED FEE, FIRST EARN CLUB LITE REDUCED FEE, SECOND EARN CLUB LITE REDUCED FEE, OR THIRD EARN CLUB LITE REDUCED FEE) MEMBER’S MEMBERSHIP AND ANY ENTITLEMENTS TO PARTICIPATION IN A MODE EARN CLUB OFFERING SHALL BE CANCELED IMMEDIATELY. 

4. Earning Cash Back Through Mode Earn Club Max.

Requirements and Limitations. Cash Back is only available through a membership to Mode Earn Club Max.  In order to earn Cash Back through Mode Earn Club Max, all of the following conditions must be met:

(i) MODE MUST HAVE FIRST RECEIVED CASH BACK FROM THE MERCHANT FOR YOUR QUALIFYING PURCHASE AND YOU AGREE YOU WILL NOT RECEIVE PAYMENT IF MODE DOES NOT FIRST RECEIVE PAYMENT FROM THE MERCHANT FOR YOUR QUALIFYING PURCHASE; 

(ii) Cash Back is paid in United States currency, provided that if Mode determines you reside outside the United States, Cash Back may be paid in your local currency, at Mode’s sole discretion; 

(iii) you must be at least eighteen (18) years old; 

(iv) you must have an updated and active Mode Earn App Account with your current and truthful information;  

(v) you must have earned Cash Back for a Qualifying Purchase using the link from a Merchant Ad as supplied by Mode on the Mode Earn App, and which is traced by Mode to you; 

(vi) you must be logged in to your Mode Account at the time you make a Qualifying Purchase; 

(vii) you must not have requested a chargeback from your credit card company and caused Mode or a Third-Party Merchant to incur any fees as a result of submitting a chargeback request.

You are limited to a maximum of one (1) Mode Account on the Mode Earn App. If Mode determines in its sole discretion that you have more than one account on the Mode Earn App, or otherwise have engaged in any fraudulent or suspicious behavior, Mode reserves the right to immediately terminate all of your Accounts without any liability to you, and you agree to forfeit all payment credits in your Mode Account. Cash Back is only offered as part of the services provided as part of your Mode Earn Club Max membership and on the Mode Earn App and is paid on the net purchase amount of a Qualifying Purchase, which excludes fees, discounts, coupon codes, rebates, taxes, shipping costs, return and cancellation costs. All Cash Back payments are further conditioned on verification methods to prove your identity as may reasonably be requested by Mode. Without limiting any of Mode’s other rights in this Agreement, Mode shall not be liable to pay for any untracked Cash Back caused by conditions beyond its control.

MODE RESERVES THE RIGHT TO CHANGE THE CASH BACK PROGRAM AND CASH BACK AMOUNTS OFFERED THROUGH MERCHANT ADS AT ANY TIME. MODE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE, TO THE EXTENT POSSIBLE, FOR ANY CASH BACK AMOUNT CHANGES. ALL CASH BACK IS SUBJECT TO MERCHANT EXCLUSIONS. EXCLUSIONS VARY AND ARE DETERMINED BY THE MERCHANTS. MODE IS UNABLE TO DETERMINE THE EXACT AMOUNT OF CASH BACK YOU WILL EARN BEFORE YOU MAKE YOUR QUALIFYING PURCHASE, OR IF ITEMS YOU PURCHASE ARE ELIGIBLE FOR ANY CASH BACK, UNTIL THE MERCHANT PAYS MODE FOR ANY EARNED CASH BACK AMOUNTS DIRECTLY TRACED BY MODE TO YOUR QUALIFYING PURCHASE(S), YOU WILL NOT BE ELIGIBLE FOR CASH BACK. IF YOU ARE ELIGIBLE FOR CASH BACK AND THE MERCHANT HAS PAID MODE A COMMISSION FOR YOUR QUALIFYING PURCHASE, YOUR CASH BACK AMOUNT WILL BE THE AMOUNT DISPLAYED IN YOUR MODE ACCOUNT. NO CASH BACK WILL BE EARNED IF ITEM(S) PURCHASED ARE INELIGIBLE FOR CASH BACK OR IF MODE HAS NOT BEEN PAID A COMMISSION BY THE MERCHANT FOR YOUR PURCHASE.

How Cash Back Works. Mode works with third party networks and vendors to offer Cash Back for Qualifying Purchases from a Merchant's Third Party Store after clicking through a Merchant Ad on the Mode Earn App. The Mode Earn App displays Merchant Ads and offers, which may show you Cash Back opportunities and the amount of Cash Back being offered by a Merchant if you complete a Qualifying Purchase of a service or product as more fully described in the Merchant Ad. 

Each Qualifying Purchase must be directly tracked by Mode to your click of the Merchant Ad, and the Qualifying Purchase must be completed in the same session while you are logged in to your Mode Account. Mode is paid directly by its affiliate networks and vendors for specific purchases you make from Third Party Merchants within Mode's network of Merchants. Once Mode receives full and complete payment for your Qualifying Purchase by the affiliate network and/or Merchant, Mode will display the Cash Back credit in your Mode Account. It may take up to ninety (90) days from the date Mode receives payment from the Merchant for your Qualifying Purchase for your Cash Back to display in your Mode Account. No Cash Back will display in your Mode Account if Mode does not receive any amounts from the Merchant for your Qualifying Purchase.

Cash Back Modifications and Withholdings. Mode, in its sole discretion, may modify or remove the amount of Cash Back credited to your Mode Account at any time in its sole discretion if Mode determines you are engaged in suspicious activity, fraud, and/or have violated any term in this Agreement. Mode may delay or withhold payment as a result of suspicion of fraud, violation of any term in this Agreement, or any change to the Third Party Store's policies. YOU AGREE THAT YOU WILL IMMEDIATELY FORFEIT ALL CASH BACK IN THE EVENT YOU HAVE INITIATED A CHARGE BACK REQUEST WITH YOUR CREDIT CARD COMPANY AND MODE INCURRED FEES AS A RESULT OF THE CHARGE BACK REQUEST. YOU AGREE TO SUBMIT ALL FEE DISPUTES TO MODE PRIOR TO CONTACTING YOUR CREDIT CARD COMPANY TO ATTEMPT TO RESOLVE ANY FEE DISPUTES.

Cash Back Expiration. All Cash Back credited to your Mode Account on the Mode Earn App, and which has not been withdrawn will expire if you have not completed a Qualifying Purchase within one (1) year after your last Qualifying Purchase. Mode deems your Mode Account on the Mode Earn App and/or on the Mode Earn App to be inactive and abandoned if you have not made a Qualifying Purchase in each one (1) year period after your last Qualifying Purchase. You agree that you will forfeit all Cash Back, if one (1) year has passed since you have made a Qualifying Purchase on the Mode Earn App.  

Taxes. You are solely liable for any taxes, levies, duties, or fees owed to any applicable government authority as a result of the Cash Back, refunds, or rebates are paid to you by Mode.

Mode Links Only. To qualify to receive any Cash Back, you must use the links to Third Party Merchant products and services in Third Party Stores that are provided in the Mode Earn App. If you access a Third Party link prior to a purchase transaction, and/or use any Third Party discount code, you may not be paid any Cash Back, because your purchase might be associated with an outside service that was not provided by Mode. 

Cash Back Exclusions. Cash Back is only available for Qualifying Purchases and only after Mode receives the Cash Back from the Merchant you made a Qualifying Purchase from after clicking a Merchant Ad on the Mode Earn App. ALL CASH BACK IS SUBJECT TO ADDITIONAL TERMS AND EXCLUSIONS LISTED ON THE MODE EARN APP, IN EACH MERCHANT'S THIRD PARTY STORE, IN THE TERMS OF THE OFFER IN THE MERCHANT AD, AND/OR ON THE THIRD PARTY STORE'S CHECKOUT PAGE.

Cookies Required for Cash Back. If you disable cookies, you may not earn Cash Back for your purchase transaction, since cookies are used to verify eligible Mode Accounts for the Service.  

5. Term and Termination.

Member’s Mode Earn Club Max or, as applicable, Mode Earn Club Lite membership, and the applicability of these Terms and Conditions, shall commence immediately upon the processing by Mode of Member’s personal information and Payment Source. The term of Member’s membership and these Terms and Conditions shall continue in full force and effect until the one (1) year anniversary from the date of the processing by Mode of Member’s personal information and Payment Source (the “Term”). 

Following the Term, Member’s membership and these Terms and Conditions shall AUTOMATICALLY renew for additional, successive one (1) year terms unless terminated in accordance with the terms set forth below in this section.

Member may terminate his/her membership at any time by providing notice to Mode by email at [email protected] and by using the email heading “Mode Earn Club Cancellation.” Any termination shall go into effect on the first day of the next monthly billing cycle.

Mode may, in its sole discretion, terminate this Agreement immediately upon written notice to Member if Member materially breaches these Terms and Conditions and fails to cure such breach, if curable, within ten (10) days, including, without limitation, on account of repeated failures to process payments through Member’s Payment Source. 

Termination for Fraud.  Mode reserves the right to suspend or terminate your access to Mode Earn Club and/or the Mode Earn App, or any part thereof, at any time, and for any reason or no reason. If you have engaged in suspicious or fraudulent behavior, as determined solely by Mode, Mode reserves the right to immediately terminate your Mode Earn Club Max subscription without notice to you, and if you have a Mode Account at time of termination, all payment credits in your Mode Account will be forfeited. You are only permitted to create one Mode Earn Club Max subscription. If Mode determines you have created multiple subscriptions, Mode reserves the right to immediately terminate all of your accounts with or without notice to you and you shall forfeit all payment credits in your Mode Account if you have a Mode Account.

Third Party Cancellation. You agree Mode shall not be required to comply with any request to cancel your Trial or Subscription if any cancellation request is made by a third party, including but not limited to, subscription cancellation or bill negotiator services, as Mode requires verification of your identity before canceling your subscription to Mode Earn Club Max.

6.  Mode  Is Not Responsible for Third Parties

Mode is not responsible for any products and offers from third parties provided to you as part of your Mode Earn Club membership, including emailed offers or displayed through the Mode Earn App. You agree that your purchase from a third-party merchant is subject to such merchant's own terms and conditions applicable to such purchase. You agree that Mode  is in no way responsible or liable to you for any products you purchase through third parties, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You further acknowledge and agree that Mode is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

Mode  does not endorse, warrant or guarantee the products or services that are displayed through offers and other advertised links to third-party websites. Mode is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. Mode  does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party are the best prices, best terms or lowest rates available in the market.

When you access third-party websites through us, you accept that there are risks in doing so, and that Mode  is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Mode has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party. In addition, Mode will not and cannot monitor, verify, censor or edit the content of any third-party site or service.

7. Privacy

The information a Member provides or otherwise makes available to Mode  is stored and used in accordance with Mode’s privacy policy, which may be amended from time to time in Mod ’s sole discretion. Mode ’s privacy policy can be found at https://www.modemobile.com/privacy.

8. Electronic Consent and Communication.

To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications from Mode and/or its marketing partners (including, without limitation, by e-mail and/or SMS) regarding access to and/or use of the Mode Earn Club, may be provided to Member electronically, and Member hereby agrees to receive electronic communications from Mode and/or its marketing partners in an electronic form. Electronic communications may, and will, be delivered to the email address that Member provided to Mode when he/she signed up for Mode Earn Club. All Communications in electronic format will be considered to be in “writing.” Member expressly agrees that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, Member expressly agrees that it is Member's sole responsibility to keep Member’s email address accurate and up-to-date by providing Mode  with written notice of any changes to the same, and that Mode may reasonably assume that any communications sent to an email address provided will be received by Member. Member’s consent to receive communications electronically is valid until Member revokes his/her consent.

E-Sign Consent.  By clicking the “Submit” and/or “Continue” button on the Mode Earn Club website or on the Mode Earn App, you consent and agree that such action constitutes your signature and has the same effect as if you signed an agreement manually in writing. You are further consenting and agreeing that Mode may provide you with electronic communications and disclosures via email and/or other electronic communications that you may have opted in to receive. 

9. Limitation of Liability

EXCEPT FOR OBLIGATIONS TO MAKE PAYMENTS UNDER THESE TERMS AND CONDITIONS OR LIABILITY FOR INDEMNIFICATION, IN NO EVENT SHALL MODE, OR ANY OF ITS REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT MODE  WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT LIMITS OR DISCLAIMS ANY WARRANTY OR LIABILITY THAT CANNOT BE LIMITED OR DISCLAIMED PURSUANT TO APPLICABLE LAW. 

10.  Dispute Resolution.

10.1 Generally.  In the interest of resolving disputes between you and Mode in the most expedient and cost effective manner, you and Mode agree that any dispute arising out of or in any way related to these Terms and Conditions, your participation in the Mode Earn Club or your use of the Services will be resolved by binding arbitration.  Arbitration is less formal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms and Conditions, your participation in the Mode Earn Club or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND MODE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.  

10.2 Exceptions.  Despite the provisions of Section 10.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.

10.3 Arbitrator.  Any arbitration between you and Mode will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA.  The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mode.  The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

10.4 Notice; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”).  Mode’s address for Notice is: Mode Mobile, LLC, One East Erie, Suite 525, Chicago, IL, 60611, United States of America or [email protected]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”).  The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Mode may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by you or Mode must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.  If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Mode prior to selection of an arbitrator, then Mode will pay you the highest of the following: (X) the amount awarded by the arbitrator, if any; (Y) the last written settlement amount offered by Mode in settlement of the dispute prior to the arbitrator’s award; or (Z) $15,000. 

10.5 Fees.  If you commence arbitration in accordance with these Terms and Conditions, then Mode will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules.  Any arbitration hearing will take place at a location to be agreed upon in Chicago, Illinois, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.  If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules.  In that case, you agree to reimburse Mode for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.  Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

10.6 No Class Actions.  YOU AND MODE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN CLAIMS WHICH ARE NOT COVERED BY THIS SECTION 10).  Further, unless both you and Mode agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

10.7 Modifications to this Arbitration Provision.  Except as otherwise provided in these Terms and Conditions, if Mode makes any future change to this arbitration provision, other than a change to Mode’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Mode’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Mode.  If you do not send such written notice, then your continued use of the Service following any such change means that you have consented to such change.

10.8 Enforceability.  If Section 10.6 above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms and Conditions, your participation in Mode Earn Club, or your use of the Service.

11. Governing Law; Choice of Forum.

The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms and Conditions, your participation in Mode Earn Club and your use of the Service.  Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms.  To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum. 

12. Amendments

Mode reserves the right to change these Terms and Conditions from time to time. We will give notice of material changes to Members. Notice to the Member will be considered given in the first instance of when such notice is provided by email to the Member's email address on file with Mode  (the email Member indicated when he/she signed up for Mode Earn Club). Members agree that all changes to the Terms and Conditions will be effective and binding on the effective date indicated in the notice. 

13. Assignment

Member may not assign or transfer the rights of their Mode Earn Club membership in whole or in part under any circumstances. Doing so without the consent of Mode  will be void and of no force and effect.

14. Survival

The expiration or termination of Member’s Mode Earn Club membership, shall not relieve either party from the obligations contained herein which accrue prior to the expiration or termination of the same, all of which shall survive the Agreement.

15. Waiver

Any waiver by any party hereto of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any other provision hereof and shall not be effective at all unless in writing. A waiver of any of the terms hereof shall not be construed as a general waiver by either party and such waiving party shall be free to reinstate any such term or condition with or without notice to the other party.

16. Entire Agreement

These Terms and Conditions, and Mode’s Privacy Policy (as described in the preamble of this Agreement), sets forth the entire and exclusive agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations and agreements, whether written or oral, between the Parties regarding the subject matter hereof. 

17. Definitions

Words used in this Agreement with their initial letters capitalized and not otherwise defined herein will have the meanings specified in ​Appendix 1​.APPENDIX 1 - DEFINITIONS

"Cash Back" means cash back payments Merchants pay to Mode and which Mode actually receives from Merchants as a result of you clicking Merchant Ads containing cash back offers, as a direct result of you making a Qualifying Purchase on the Merchant's website from a Third Party Store. 

"Cash Back Program" means the Mode Earn Club Max feature which allows Members to earn cash back for Qualified Purchases made from Merchants on the Mode Earn App. 

"Intellectual Property" means copyrights, trademarks, trade dress, trade secrets, database rights, rights of confidentiality, and patents. 

"Marks" means Mode's trademarks, service marks, logos, and trade dress.

"Merchant" means any Third Party entity or person that is in Mode's merchant network and displays Merchant Ads on the Mode Earn App, to show offers for products and services in the merchant's Third Party Store, which is not affiliated with Mode in any way. 

"Merchant Ad" means advertisements displayed on the Mode Earn App by Merchants, which include but are not limited to, coupons, cash back offers, and other promotions of a Merchant. 

 "Mode Account" means a Mode user account you create on the Mode Earn App to sign up as a registered user, and which is required as a condition to access certain features and services provided by Mode.

"Mode Earn App" means the proprietary mobile application which is available for download on mobile devices using the latest Android software, which provides access to the Services provided by Mode. 

"Qualifying Purchase" means a non-fraudulent, non-commercial, purchase by you of a Merchant's product or service after having clicked a Merchant Ad on the Website or by using the Software, and such purchase was determined to be a "qualified purchase" for a Cash Back payment by both Mode and the Merchant whom you made a purchase from in the Merchant's Third Party Store which results in Mode actually receiving a Cash Back payment from the Merchant.

"Services" means the services provided by Mode via the Mode Earn App and any associated websites.

"Software" means the Mode Earn App. 

"Third Party Store" means a Third Party Merchant's online store which is owned and operated by the Third Party Merchant and which is linked to from a Merchant Ad on the Mode Earn App.

Last Updated: November 20, 2023

Your privacy is important to Mode. 

This Privacy Policy applies to the Website and all related services located at http://www.subscription.modephone.com  (the “Website”), which are owned and operated by Mode Mobile, LLC., a Delaware limited liability company (“Mode”, “we”, “us”, or “our”) and available for use on Mode products, including Mode’s subscription-based Mode Earn Club and the Mode Earn Phone smartphone device (collectively “Mode Products”). This Privacy Policy describes what information is collected by us from an End User of the Website, and our mobile application, (“Mobile Application,” and together with the Website, the “Software”) that you ("End User,” “yourself,” or “you”), install from the Website, the Mobile Application, as well as our use and disclosure of that information. We treat your privacy seriously. 

Please read this Privacy Policy carefully, as it governs your use of the Website and Software. Your use of our Website and/or Software indicates to us that you have read and accepted our privacy practices, as outlined in this Privacy Policy.

We use your data to provide and improve the Website, Software, and related services. By using the Website and/or Software, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible from the Website.

MINORS UNDER THE AGE OF 18 MUST NOT PROVIDE ANY PERSONAL INFORMATION TO MODE. IF MODE IS NOTIFIED IT HAS PERSONAL INFORMATION ABOUT A MINOR UNDER THE AGE OF 18, THAT INFORMATION WILL BE PROMPTLY DELETED FROM OUR DATABASE.

1. Information Collection and Use - Mode Earn Club Registration

When you choose to sign up for a Mode Earn Club subscription through the Mode Website, we will collect information, including personal information, about you. We use your registration and account information to identify you, including information from you such as your name, address, email address, payment source, region/country, and, if you have a Mode Earn Phone, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.

2. Information Collection and Use – SMS and MMS Campaigns

If you choose to provide Mode with your telephone number and opt in to receive commercial messages from Mode, your phone number will be used to send you information about Mode’s products and services that Mode believes you may be interested in learning more about. Mode does not sell any phone numbers to third parties, and only uses your phone number to send you information about Mode’s products and services.

Consent to receive telemarketing text messages from Mode is not required as a condition of purchasing any goods or services from Mode. 

If you would like to withdraw your consent to receive telemarketing text messages from Mode, you may do so at any time by texting “STOP” or “HELP” in response to any text sent by Mode. Message and data rates may apply. You may also email our data protection officer at [email protected]. 

3. Information Collection and Use – When You Contact Mode Support

Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for a Mode Earn Phone, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.

This information you submit is not anonymous and can be used to personally identify you. The information you may be asked to submit to Mode so that Mode can respond to your inquiry, are the following categories of information:

• First and Last Name
• Email Address
• Phone Number (to allow Mode to call you back)
• Any other personal information you provide to Mode

Personal information submitted to Mode for customer support is not sold to any third parties and will be processed by Mode for the sole purpose of providing you with customer support.

4. Cookies

When you use Mode Products, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. By using Mode Products, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, gyroscopic position, service strength, data provider, device IDs and characteristics, country code or approximate location, operating system version, language preferences, referring URLs, and information about the usage of our Services, such as length of time (in seconds) a user plays music, metadata (genre, artist, album, title, description, tags) and type of media.  We may use this information, for example, to ensure that Mode Products function properly, to create an account on your behalf when you have not formally registered for an account, to analyze your listening behavior and preferences in order to provide you with tailored content, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We work with analytics’ providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Mode Products and report on activities and trends. This service may also collect information regarding the use of other Website, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

Third parties that advertise goods or services on Mode Products (collectively, “Advertisers”) may also use cookies or other technologies to track your use of Mode Products. Advertisers also may use cookies to track your online activities across Website over time to provide interest-based advertising. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements. Some of our Advertisers are members of the Network Advertising Initiative or the Digital Advertising Alliance, or for users in the EU, the European Interactive Digital Advertising Alliance’s Consumer Choice Page (http://www.youronlinechoices.eu). Please visit these organizations' opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. Please visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile apps. 

Further, if you are a resident of the EU, advertisements shown to you may be supplied via the Ogury Choice Management Platform (“Ogury CMP”), which is compatible with version 2.0 of the IAB Europe Transparency and Consent Framework (“TCFV2”).  Accordingly, your prior consent will be collected via Ogury CMP, which supports TCFV2.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your device of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

If, however, you do not accept cookies, you may experience some inconvenience in your use of Mode Products. 

Third Party Pixels and Cookies.

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://www.smartrecognition.com/database-opt-out/.

If you wish to opt-out of email marketing from a specific brand that we work with, such as a customer of ours, you can click on the “opt-out” or “unsubscribe” link in the footer (located at the bottom) of any marketing email you receive.

5. Use of Data

Mode uses your device identifying information, anonymous information, and in the event you register for an account, the Personal Information provided by you, only for the following reasons:

• To provide and maintain our Website and Software; 
• To register for our Services, which may include verifying your email address and payment source; 
• To notify you about changes to our Website and/or Software; 
• To gather analysis or valuable information so that we can improve our Website and/or Software; 
• To monitor the usage of our Website and/or Software; 
• To detect and prevent fraud; 
• To detect, prevent and address technical issues; and 
• To send you advertisements, promotions and content by third parties that we think will be of interest to you. To opt-out of receiving commercial emails from third parties, please click the opt-out link within the commercial email you received from Mode on behalf of the third party. If you opt-out of commercial emails from third parties, you may continue to receive commercial emails from Mode for Mode’s own products and services, unless you opt-out of Mode’s commercial messages containing advertisements for Mode’s products and services. 
• For our Mobile Application only, we use advertising/technology services from third party marketers which may use your device identifier and location data to provide advertisements about goods and services that may be of interest to you and to allow the third party marketer companies to perform ad measurement, analytics and research. These third party marketers are contractually prohibited from using this information for any purpose except for the business purpose we have in our agreements with the third party. To opt-out of receiving tailored advertisements on our Mobile Application, please email our data protection officer. 

Unless you direct us to transfer your name and email address to a third party marketing company for products and services you may be interested in learning about, Mode does not share any information collected on its Website or in the Browser Application that can be used to personally identify you, with any third parties. Anonymous data may be shared with our Service Providers to help us analyze our Website’ performance. For further details on our Service Providers, please see Sections 10-12.

6. Retention of Data

Mode will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Mode will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Website and/or Software, or we are legally obligated to retain this data for longer time periods.

7. Disclosure of Data

1. Generally

Mode does not share any of your information collected through the Software with any third parties. For Mode’s Website, Mode may share anonymous usage data, and other anonymous information we have collected on our Website with Service Providers as detailed in Sections 10-12. Such information shared with these Service Providers is anonymous and does not contain any Personal Information. We may also share aggregate, anonymized, data for marketing purposes.

 

1. Business Transaction

If Mode is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

1. Disclosure for Law Enforcement

Under certain circumstances, Mode may be required to disclose your Personal Information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).

1. Legal Requirements

Mode may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;
• To protect and defend the rights or property of Mode;
• To prevent or investigate possible wrongdoing in connection with the Website and Software (e.g. to prevent or investigate fraud);
• To protect the personal safety of End Users of the Website and Software or the public; and/or
• To protect against legal liability.

8. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. California Residents – California Consumer Privacy Act (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of Personal Information from California consumers. If you are a California consumer, you have a right to request the following:

• The categories of Personal Information we may have collected about you;
• The categories of sources from which the Personal Information may have been collected;
• The business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information; and/or
• The specific pieces of Personal Information we may have collected about you.

The categories of information you may provide us are set forth in this Privacy Policy.

Mode may share Personal Information with service providers to provide the Website and Software service, solely for a business purpose pursuant to a written contract between Mode and the service provider.

Mode does not “sell” your Personal Information as that term is defined under CCPA, however if you would like to receive further confirmation that any Personal Information we may have about you is not “sold” to third parties, you may contact our Data Protection Officer as follows:

Mode’s DPO Email: [email protected] 

You may also request that Mode delete your Personal Information by contacting us at the email or phone number provided above. Please understand that Mode is required by CCPA to first verify any request received prior to complying with any CCPA request.

In some instances, Mode is not required by CCPA to delete Personal Information. In such instance, Mode will notify you if your Personal Information was unable to be deleted for one of the permitted exceptions under CCPA.

10. Service Providers

We may employ third party companies to facilitate our Website ("Service Providers"), to provide the Website and/or Software on our behalf, to perform related services or to assist us in analyzing how our Website is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Website.

12. Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports Website traffic. Google uses the data collected to track and monitor the use of our Website and Software. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ .

13. Links to Other Sites

Our Website, Software, and commercial emails we send to you may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Website and Software do not address anyone under the age of 18 ("Children").

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

15. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mode aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at [email protected]
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Mode relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

16. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Mode’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Mode may process your Personal Information because:

• We need to perform a contract with you;
• You have given us permission to do so; and/or
• The processing is in our legitimate interests and it's not overridden by your rights.

17. Transfer of Data From EU Territories

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Mode will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

18. Access to Confidential Information and Right to Correct 

If you are a resident of the United States, Canada, Australia, New Zealand, or the United Kingdom, you have a right to access any personal information Mode has collected about you, and a right to correct any information that you consider to be incorrect or incomplete. To access Personal Information Mode may have collected about you, and/or to correct any information Mode has collected about you, please contact our data privacy officer by emailing [email protected].

19. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. Contact Us

Mode Mobile, LLC.
One East Erie Street, Suite 525 (#342)
Chicago, IL 60611 (Attn: Justin M. Hines, General Counsel)

If you have any questions about this Privacy Policy or have any requests regarding Personal Information we may have collected about you, please contact us at the following email address: [email protected]

Last Updated: August 28, 2023

Your privacy is important to Mode. 

This Privacy Policy applies to the Websites and all related services located at http://www.subscription.modephone.com  and https://subscription.modephone.com/#earn-club-max (collectively, the “Websites”), which are owned and operated by Mode Mobile, LLC., a Delaware limited liability company (“Mode”, “we”, “us”, or “our”) and available for use on Mode products, including Mode’s subscription-based Mode Earn Club and the Mode Earn Phone smartphone device (collectively “Mode Products”). This Privacy Policy describes what information is collected by us from an End User of the Websites, and our mobile application, (“Mobile Application,” and together with the Websites, the “Software”) that you ("End User,” “yourself,” or “you”), install from the Websites, the Mobile Application, as well as our use and disclosure of that information. We treat your privacy seriously. 

Please read this Privacy Policy carefully, as it governs your use of the Websites and Software. Your use of our Websites and/or Software indicates to us that you have read and accepted our privacy practices, as outlined in this Privacy Policy.

We use your data to provide and improve the Websites, Software, and related services. By using the Websites and/or Software, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible from the Websites.

MINORS UNDER THE AGE OF 18 MUST NOT PROVIDE ANY PERSONAL INFORMATION TO MODE. IF MODE IS NOTIFIED IT HAS PERSONAL INFORMATION ABOUT A MINOR UNDER THE AGE OF 18, THAT INFORMATION WILL BE PROMPTLY DELETED FROM OUR DATABASE.

1. Information Collection and Use - Mode Earn Club Registration

When you choose to sign up for a Mode Earn Club subscription through the Mode Websites, we will collect information, including personal information, about you. We use your registration and account information to identify you, including information from you such as your name, address, email address, payment source, region/country, and, if you have a Mode Earn Phone, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.

2. Information Collection and Use – SMS and MMS Campaigns

If you choose to provide Mode with your telephone number and opt in to receive commercial messages from Mode, your phone number will be used to send you information about Mode’s products and services that Mode believes you may be interested in learning more about. Mode does not sell any phone numbers to third parties, and only uses your phone number to send you information about Mode’s products and services.

Consent to receive telemarketing text messages from Mode is not required as a condition of purchasing any goods or services from Mode. 

If you would like to withdraw your consent to receive telemarketing text messages from Mode, you may do so at any time by texting “STOP” or “HELP” in response to any text sent by Mode. Message and data rates may apply. You may also email our data protection officer at [email protected]. 

3. Information Collection and Use – When You Contact Mode Support

Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for a Mode Earn Phone, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.

This information you submit is not anonymous and can be used to personally identify you. The information you may be asked to submit to Mode so that Mode can respond to your inquiry, are the following categories of information:

• First and Last Name

• Email Address

• Phone Number (to allow Mode to call you back)

• Any other personal information you provide to Mode

Personal information submitted to Mode for customer support is not sold to any third parties and will be processed by Mode for the sole purpose of providing you with customer support.

4. Cookies

When you use Mode Products, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. By using Mode Products, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, gyroscopic position, service strength, data provider, device IDs and characteristics, country code or approximate location, operating system version, language preferences, referring URLs, and information about the usage of our Services, such as length of time (in seconds) a user plays music, metadata (genre, artist, album, title, description, tags) and type of media.  We may use this information, for example, to ensure that Mode Products function properly, to create an account on your behalf when you have not formally registered for an account, to analyze your listening behavior and preferences in order to provide you with tailored content, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We work with analytics’ providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Mode Products and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

Third parties that advertise goods or services on Mode Products (collectively, “Advertisers”) may also use cookies or other technologies to track your use of Mode Products. Advertisers also may use cookies to track your online activities across websites over time to provide interest-based advertising. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements. Some of our Advertisers are members of the Network Advertising Initiative or the Digital Advertising Alliance, or for users in the EU, the European Interactive Digital Advertising Alliance’s Consumer Choice Page (http://www.youronlinechoices.eu). Please visit these organizations' opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. Please visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile apps. 

 

Further, if you are a resident of the EU, advertisements shown to you may be supplied via the Ogury Choice Management Platform (“Ogury CMP”), which is compatible with version 2.0 of the IAB Europe Transparency and Consent Framework (“TCFV2”).  Accordingly, your prior consent will be collected via Ogury CMP, which supports TCFV2.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your device of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

If, however, you do not accept cookies, you may experience some inconvenience in your use of Mode Products. 

 

5. Use of Data

Mode uses your device identifying information, anonymous information, and in the event you register for an account, the Personal Information provided by you, only for the following reasons:

• To provide and maintain our Websites and Software; 

• To register for our Services, which may include verifying your email address and payment source; 

• To notify you about changes to our Websites and/or Software; 

• To gather analysis or valuable information so that we can improve our Websites and/or Software; 

• To monitor the usage of our Websites and/or Software; 

• To detect and prevent fraud; 

• To detect, prevent and address technical issues; and 

• To send you advertisements, promotions and content by third parties that we think will be of interest to you. To opt-out of receiving commercial emails from third parties, please click the opt-out link within the commercial email you received from Mode on behalf of the third party. If you opt-out of commercial emails from third parties, you may continue to receive commercial emails from Mode for Mode’s own products and services, unless you opt-out of Mode’s commercial messages containing advertisements for Mode’s products and services. 

• For our Mobile Application only, we use advertising/technology services from third party marketers which may use your device identifier and location data to provide advertisements about goods and services that may be interest to you and to allow the third party marketer companies to perform ad measurement, analytics and research. These third party marketers are contractually prohibited from using this information for any purpose except for the business purpose we have in our agreements with the third party. To opt-out of receiving tailored advertisements on our Mobile Application, please email our data protection officer. 

Unless you direct us to transfer your name and email address to a third party marketing company for products and services you may be interested in learning about, Mode does not share any information collected on its Websites or in the Browser Application that can be used to personally identify you, with any third parties. Anonymous data may be shared with our Service Providers to help us analyze our Websites’ performance. For further details on our Service Providers, please see Sections 10-12.

6. Retention of Data

Mode will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Mode will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Websites and/or Software, or we are legally obligated to retain this data for longer time periods.

7. Disclosure of Data

A. Generally

Mode does not share any of your information collected through the Software with any third parties. For Mode’s Websites, Mode may share anonymous usage data, and other anonymous information we have collected on our Websites with Service Providers as detailed in Sections 10-12. Such information shared with these Service Providers is anonymous and does not contain any Personal Information. We may also share aggregate, anonymized, data for marketing purposes.

B. Business Transaction

If Mode is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

C. Disclosure for Law Enforcement

Under certain circumstances, Mode may be required to disclose your Personal Information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).

D. Legal Requirements

Mode may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;

• To protect and defend the rights or property of Mode;

• To prevent or investigate possible wrongdoing in connection with the Websites and Software (e.g. to prevent or investigate fraud);

• To protect the personal safety of End Users of the Websites and Software or the public; and/or

• To protect against legal liability.

8. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. California Residents – California Consumer Privacy Act (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of Personal Information from California consumers. If you are a California consumer, you have a right to request the following:

• The categories of Personal Information we may have collected about you;

• The categories of sources from which the Personal Information may have been collected;

• The business or commercial purpose for collecting or selling Personal Information;

• The categories of third parties with whom we share Personal Information; and/or

• The specific pieces of Personal Information we may have collected about you.

The categories of information you may provide us are set forth in this Privacy Policy.

Mode may share Personal Information with service providers to provide the Websites and Software service, solely for a business purpose pursuant to a written contract between Mode and the service provider.

Mode does not “sell” your Personal Information as that term is defined under CCPA, however if you would like to receive further confirmation that any Personal Information we may have about you is not “sold” to third parties, you may contact our Data Protection Officer as follows:

Mode’s DPO Email: [email protected] 

You may also request that Mode delete your Personal Information by contacting us at the email or phone number provided above. Please understand that Mode is required by CCPA to first verify any request received prior to complying with any CCPA request.

In some instances, Mode is not required by CCPA to delete Personal Information. In such instance, Mode will notify you if your Personal Information was unable to be deleted for one of the permitted exceptions under CCPA.

10. Service Providers

We may employ third party companies to facilitate our Websites ("Service Providers"), to provide the Websites and/or Software on our behalf, to perform related services or to assist us in analyzing how our Websites are used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Websites.

12. Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports Websites traffic. Google uses the data collected to track and monitor the use of our Websites and Software. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Websites available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ .

13. Links to Other Sites

Our Websites, Software, and commercial emails we send to you may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Websites and Software do not address anyone under the age of 18 ("Children").

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

15. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mode aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at [email protected]

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Information.

• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where Mode relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

16. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Mode’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Mode may process your Personal Information because:

• We need to perform a contract with you;

• You have given us permission to do so; and/or

• The processing is in our legitimate interests and it's not overridden by your rights.

17. Transfer of Data From EU Territories

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Mode will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

18. Access to Confidential Information and Right to Correct 

If you are a resident of the United States, Canada, Australia, New Zealand, or the United Kingdom, you have a right to access any personal information Mode has collected about you, and a right to correct any information that you consider to be incorrect or incomplete. To access Personal Information Mode may have collected about you, and/or to correct any information Mode has collected about you, please contact our data privacy officer by emailing [email protected].

19. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. Contact Us

Mode Mobile, LLC.
One East Erie Street, Suite 525 (#342)
Chicago, IL 60611 (Attn: Justin M. Hines, General Counsel)

If you have any questions about this Privacy Policy or have any requests regarding Personal Information we may have collected about you, please contact us at the following email address: [email protected]