Legal

Terms of Service

Last updated October 2026

These Terms of Service (the “Terms”) govern your firm’s access to and use of ModusBill, a legal billing and trust accounting application supplied by ModusBill Solutions (“we”, “us”). By subscribing, or by using the application, the firm named on the subscription (“you”, “the firm”) agrees to these Terms.

If you are accepting on behalf of a firm, you confirm that you are authorized to bind it. If you do not agree, do not use the application.

1. The service

ModusBill is software provided over the internet. It records time and flat fees, produces invoices, tracks payments and accounts receivable, exports LEDES 1998B files, and maintains client trust (IOLTA) ledgers with reconciliation records. We may add, change or withdraw individual features; we will not materially reduce the functionality you are paying for during a paid term without notice under clause 15.

2. Accounts, users and seats

Your subscription entitles you to a stated number of user seats. Each seat is for one named individual; logins must not be shared. You are responsible for your users’ actions, for keeping credentials confidential, and for removing access promptly when someone leaves the firm.

We provide two-factor authentication and role-based permissions. You decide how to configure them, and you are responsible for the consequences of that configuration. Tell us without delay at support@modusbill.com if you believe an account has been compromised.

3. Free trial

New firms receive a free trial of 30 days with access to the full application. If you do not continue, you owe nothing for the trial period. Anything you enter during the trial remains subject to clause 8 and to our deletion practices in clause 14.

4. Fees and billing

Subscriptions are priced per active user, per month, at the rate published at www.modusbill.com/pricing for the band your seat count falls in. The rate for a band applies to every seat, not only to seats above the threshold.

Monthly subscriptions are billed in advance each month and may be canceled at any time, effective at the end of the period already paid for. Annual subscriptions are billed once for twelve months in advance, at a reduced rate, and represent a twelve-month commitment; they are not refundable in part if you stop using the application during the term, except where the law requires otherwise.

Seats added mid-term are charged at the rate then applying to your band. Fees are exclusive of taxes, which are added where applicable. We may change published prices on 30 days notice, effective from your next renewal; a price change never applies to a term already paid for.

5. Payment processing

Subscription payments are processed by Stripe. Card details are entered on the processor’s own pages and are never received or stored by us or by the application.

Separately, you may connect your own payment provider so that your clients can pay your invoices, or fund a retainer, by card. Those arrangements are between you and that provider under their terms; we are not a party to them, we do not receive your clients’ funds, and we are not responsible for a provider’s fees, settlement times, holds or decisions.

6. Client funds and trust accounting

This clause matters more than any other in these Terms, so it is stated plainly.

ModusBill is a record-keeping application. We are not a bank, a trust company, an escrow agent or a money transmitter, and we never take possession of your clients’ funds. Client money is held in accounts your firm opens and controls, at institutions you choose.

Recording an entry in the application does not move money. When you record a transfer of earned fees from trust to your operating account, the application updates your ledgers; it does not instruct your bank. You remain responsible for making the corresponding bank transfer and for confirming that it happened.

You are solely responsible for compliance with the trust accounting rules of every jurisdiction in which you practice. ModusBill Solutions acknowledges it has no dominion or control over the funds held in your trust accounts. We will notify you within twenty-four (24) hours if we receive any subpoena, levy, or other legal process related to your trust account data. The application’s ledgers, reconciliation records and reports are tools to help you meet those obligations; they do not discharge them, and they are not a substitute for reconciling against your bank’s own records. You are responsible for the accuracy and completeness of the data you enter.

7. No legal, accounting or tax advice

We do not provide legal, accounting, tax or regulatory advice. Nothing in the application, its documentation, its reports or our support correspondence is advice of that kind, and none of it creates a professional relationship. Decisions about billing practice, fee arrangements, trust handling and compliance are yours, to be made with your own advisers.

8. Your data

Everything you put into the application — clients, matters, time entries, invoices, payments, trust ledgers, documents and user records — remains yours. You grant us only the license needed to host, process, transmit, back up and display it in order to provide the service, to support you when you ask, and to keep the application secure and working.

We do not sell your data, and we do not use the contents of your matters to market to you or to anyone else. We may use aggregated, de-identified usage statistics that cannot reasonably identify you, your users or your clients, to operate and improve the service.

Much of what you store will be confidential and some of it will be subject to legal professional privilege. We treat your data as confidential and limit access to personnel who need it to support the service. We acknowledge that your data may contain information protected by the attorney-client privilege under Florida Statutes Section 90.502. We shall act as your agent for the limited purpose of preserving such privilege. We will not use your data to train AI models. In the event we receive a subpoena for your data, we will provide you with prompt notice to allow you to seek a protective order.

9. Security and subprocessors

We apply reasonable technical and organizational measures to protect your data, including encryption in transit, encryption of stored credentials, tenant separation between firms, and role-based access controls. No system is perfectly secure, and we do not guarantee that a breach cannot occur.

We use third-party providers for hosting, email delivery and payment processing. They act on our instructions and are bound to protect your data. We will tell you without undue delay if we become aware of a security incident affecting your data.

10. Acceptable use

You must not use the application to break the law; to store or send malicious code; to attempt to gain access to another firm’s data; to probe, scan or test the security of the service without our written permission; to resell or provide the service to anyone other than your own firm and its users; or to place loads on the service designed to disrupt it.

11. Availability and support

We aim to keep the application available at all times and will make reasonable efforts to do so, but we do not commit to a specific uptime level under these Terms. Maintenance, third-party outages and events outside our control can interrupt access. We will give advance notice of planned maintenance where it is practical to do so.

Support is provided by email at support@modusbill.com during normal business hours in English and Spanish.

12. Suspension

We may suspend access where payment fails and remains unpaid after notice; where use of the service breaches clause 10; or where suspension is necessary to protect the service or other customers. Except in an emergency, we will give you notice and a reasonable opportunity to put the matter right first. Suspension for non-payment does not delete your data, and access is restored when the account is brought up to date.

13. Term and cancellation

Subscriptions renew automatically — monthly or annually, matching how you are billed — until canceled. You may cancel at any time; cancellation takes effect at the end of the period you have already paid for, and no further charge is made.

We may terminate these Terms on 30 days notice, or immediately for a material breach that is not remedied within a reasonable period after we tell you about it. If we terminate for convenience, we refund the unused portion of any prepaid fees.

14. Getting your data out

You can obtain a complete export of your data at any time during your subscription — using the export features in the application, or by asking us at support@modusbill.com. The export contains every record as structured data and as readable documents, with a manifest you can use to show it is complete. After a subscription ends, your data remains available for export for 90 days. We will not delete it during that window, and we will not delete it while an account is merely suspended for non-payment.

Export before you leave. Bar and law society rules require you to retain client and trust account records for years after a matter closes — six years in Florida, and longer in some jurisdictions. That obligation is yours, and it outlives your subscription by far more than this window. Export a complete copy before the 90 days end. If you need longer, or need help producing a full export, ask us at support@modusbill.com before the window closes and we will make arrangements with you.

Backups may persist for a limited period after deletion as part of normal backup rotation. Records we are required to keep — for example billing records — are kept for as long as the law requires.

15. Changes to these Terms

We may update these Terms. For changes that materially affect your rights or obligations we will give 30 days notice by email to the address on your account, or in the application. Continuing to use the service after a change takes effect means you accept it; if you do not, you may cancel under clause 13 and we will refund the unused portion of any prepaid fees.

16. Our intellectual property

The application, its software, design and documentation remain ours. These Terms grant you a non-exclusive, non-transferable right to use the service during your subscription, and nothing more. You must not copy, decompile or reverse engineer the application except to the extent the law says you may despite this restriction.

If you send us suggestions, we may use them without obligation or payment to you.

17. Warranties and disclaimers

We warrant that we will provide the service with reasonable care and skill, and that during your subscription the application will perform materially in accordance with the functionality described on our website and in the application itself. If it does not, tell us at support@modusbill.com and we will correct the defect within a reasonable period. If we cannot, you may terminate the affected subscription and we will refund the unused portion of what you have prepaid. That is your exclusive remedy for a breach of this warranty.

Two things that warranty deliberately does not cover, because they are outside our control: whether the data you enter is accurate, and whether your firm is compliant with the professional rules that apply to it. Software cannot make a firm compliant. It can keep good records, show you what does not reconcile, and tell you what has not been done — which is what this one is built to do.

Except as expressly stated in the sentence above, and to the fullest extent permitted by law, the service is provided “as is” and “as available”. We disclaim all other warranties, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the service will be uninterrupted, timely, secure or error-free, that any data will be free from loss or corruption, or that using the service will cause you to comply with any professional, ethical or regulatory obligation, including any trust accounting rule of any bar or law society.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

18. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits, lost revenue, or lost goodwill, however caused and on any theory of liability, even if that party has been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the service, whether in contract, tort (including negligence) or otherwise, will not exceed the total fees you paid us in the twelve months immediately before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, your indemnification obligations under Section 19, or to either party’s liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

19. Indemnity

You will indemnify and hold us harmless against third-party claims — including claims brought by your clients or by a bar, law society or other regulatory body — to the extent they are determined by a final judgment or regulatory order to arise from your negligence, willful misconduct, or material breach of these Terms.

This indemnity does not apply to, and you are not required to indemnify us against, any claim to the extent it arises from our own negligence, gross negligence, willful misconduct, breach of these Terms, or from a defect or malfunction in the service, including any failure of the service to record, calculate or report as described in clause 17. Nothing in these Terms requires you to indemnify us against liability arising from our own acts, omissions or software.

We will notify you promptly of any claim for which we seek indemnity, give you control of the defense with counsel of your choosing, and provide reasonable cooperation at your expense. We will not settle a claim in a way that imposes an obligation on you without your consent, and you will not settle a claim in a way that admits fault on our part without ours.

20. General

These Terms, together with the subscription you purchase and any privacy notice we publish, are the entire agreement between us on this subject. If any provision is held unenforceable, the rest continues in force. A failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to a successor to our business on notice to you.

Neither party is liable for failure to perform caused by events beyond its reasonable control.

These Terms are governed by the laws of State of Florida, and the courts of Broward County have exclusive jurisdiction over any dispute, without regard to conflict of law rules.

These Terms are published in English and in Spanish for convenience. The English version is the only version in force: if the two differ in meaning, the English text governs and is the text a court should construe.

21. Contact

ModusBill Solutions, ModusBill Solutions LLC.
Questions about these Terms: support@modusbill.com.