WeMod Terms of Service
Thanks for using WeMod! These Terms of Service (“Terms”) cover the websites, mobile and desktop applications, and all other software or services provided by WeMod LLC, (together, “Services”), the leading platform for desktop gaming. We offer a suite of software to enhance your gaming experience that includes a library of millions of mods, which you can run during gaming sessions to make real-time game modifications for training and accessibility, or just for fun; the ability to capture gaming sessions in a personal WeMod library, for later viewing and sharing; interactive in-game maps; and AI-powered in-game assistance and other features.
In addition to the provisions described here, these Terms also include our Privacy Policy, our Acceptable Use Policy, and any other policies we may provide to you (“Policies”), which are incorporated by reference. By using any of our Services you agree to comply with and be bound by these Terms. Section 8 contains binding arbitration terms, which you can opt out of within 30 days of these Terms taking effect by emailing legal@wemod.com. If you do not agree to these Terms, you may not use our Services. You agree that we may automatically update any Services that you have downloaded, and that these Terms will apply to those updates.
If you are under the age of 13, or if you are older than 13 but under the minimum age of consent in your country, then you are not permitted to use our Services.
You may not use our Services if we previously disabled your Account or otherwise terminated your use of our Services, or if you are barred from receiving our Services under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
1. Access to the Services
- Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for your personal use and solely as contemplated by these Terms. You may not make derivative works based upon the Services or modify, reverse engineer, copy, lease, sell, or distribute any part of the Services.
- To use certain parts of the Services you may be permitted to register a WeMod user account (“Account”). We’ll use any personal information you provide in compliance with our Privacy Policy. Your use of your Account must comply with our Acceptable Use Policy. You are solely responsible for the security of your Account and passwords and any use of your Account by you or any third parties, whether authorized or unauthorized.
- By using the Services, you give us permission to monitor your use of the Services (including your Account, Your Content, your communications with other users, and your game play activity) to ensure compliance with this Agreement, our Policies, and applicable law, and to provide and improve the Services, to exercise and fulfill our rights under this Agreement, and for any other purposes described in our Privacy Policy.
- You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deleting your Account, your Account may be deactivated and Your Content deleted due to prolonged inactivity. We can terminate or suspend your access to your Account or the Services at any time if we suspect you of violating these Terms or our Policies, or for any other reason.
2. Your Content
- When using the Services, you may submit, create, or give us access to information, videos, photos, comments, or other materials or works, including your game play activity, communications with other users, message board submissions, and other content (together, “Your Content”).
- You hereby grant WeMod a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to use any Intellectual Property Rights in Your Content in connection with WeMod products and services and as described in this section 2. “Intellectual Property Rights” means all patent, copyright, trade secret, trademark and other proprietary and intellectual property rights.
- This license includes the right for WeMod to make Your Content available to our affiliates, vendors, and third-party partners, to provide and improve their products and services and to develop new products and services, including to train AI and machine learning models.
- For clarity, You retain your ownership rights in Your Content. Nothing in this license is intended to restrict Wemod or its licensors from exercising any rights we have at law (for example under other licenses or applicable law).
- By submitting any of Your Content to the Services, you represent and warrant that you own or have a valid license to use grant the license set forth herein, that Your Content complies with our Policies, and that the displaying, publishing or posting of any of Your Content does not and will not violate the privacy rights, Intellectual Property Rights, or other rights of any person or entity.
3. Paid Services
- Fees. Some Service features may be subject to fees. These fees are set forth at all times on the Web site as well as at the time of purchase. More information about our rates and fees may be found at https://www.wemod.com/checkout. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
- Payment. Payment is due and owing as per the terms of the membership level you selected upon purchase. Payment is due by the first (1st) day of the Billing Cycle, in full and pre-paid for the following Billing Cycle. You must provide complete and accurate billing information, including a valid payment method.
- Cancellation. Users may cancel their use of the Services and their Accounts at any time via https://www.wemod.com/account.
- Refunds. Except as described here or where overridden by local law, no refunds will be granted for any reason whatsoever, including for pre-paid Services where said Services were not used in full. Refunds may take up to thirty (30) calendar days to process.
4. Intellectual Property
- The Services are protected by U.S. and, where applicable, international intellectual property laws. The Services belong to us and are the property of us or our licensors (if any). As between the parties we retain all ownership rights in the Services and any works displayed on them.
- Except for the limited license granted to you in Section 2, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Services or any Third-Party Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from Services or Third-Party Materials.
- If you choose to submit comments, ideas, or feedback to WeMod, you agree that we have no obligation to keep your feedback confidential or to compensate you for the feedback. Do not submit any feedback that is confidential or owned by any third party. By accepting your submission, we don't waive any rights to use similar or related feedback previously known to us, or developed by our employees, or obtained from sources other than you.
- WeMod respects the Intellectual Property Rights of others and adheres to the requirements of the Digital Millennium Copyright Act. If you are a rights holder or their agent and believe content hosted on WeMod violates your copyright, please submit a notice through our DMCA process.
5. Third Parties
Our Services may display or contain links to third party websites, advertisements, software, or other goods or services that are not owned or controlled by us (“Third-Party Materials”). We don't endorse or assume any responsibility for any Third-Party Materials. If you access any Third-Party Materials from WeMod, you do so at your own risk and you agree that we have no liability arising from or related to your use of, purchase of, or access to any Third-Party Materials.
6. Disclaimer of Warranty; Limitation of Liability
- TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, THIRD-PARTY PARTNERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BODILY INJURY, DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE, WILL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILIZATION OF THE WEB SITE AND/OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
7. Indemnification
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, users and agents, from and against all claims, suits, and expenses, including attorneys’ fees, arising out of or related to (a) any use of your Account; (b) your alleged breach of these Terms or our Policies; (c) your access to or use of Third-Party Materials; (d) your alleged violations of any third-party rights, including third-party Intellectual Property Rights; or (e) your use of the Services in conjunction with any third-party video games, including your alleged violation of any game terms of service or policies.
8. Disputes & Arbitration
- Informal Dispute Resolution. For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally by sending us a notice containing the following (“Notice of Dispute”): your full name; your WeMod Account profile name; the email address associated with your WeMod account; your country of residence and, if you are a U.S. resident, your state of residence; the name of your legal counsel, if any; a detailed description of both the dispute and the alleged harm; and your signature. The Notice of Dispute must be emailed to legal@wemod.com. The notice can only be sent on behalf of an individual party; a Notice of Dispute that asserts the rights of more than one party is ineffective. After receiving the Notice of Dispute, WeMod will respond within 60 days to attempt to resolve the dispute amicably. To the extent permitted by law, neither party may initiate any legal proceeding—whether in court, arbitration, or any other forum—until the processes described in this section 8.a. are completed and failure to fully comply with these informal procedures will result in dismissal of any arbitration. Nothing in this Section, however, will prevent either you or us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to help enforce this arbitration clause at the outset of any dispute.
- Arbitration. Except for (i) qualifying claims that may be brought in small claims court and (ii) for claims brought by residents of the EEA, Switzerland, or the UK: the Parties agree that any dispute concerning, relating, or referring to these Terms or the Services will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the applicable rules then in effect for the AAA, and shall be brought for arbitration in Westchester County, New York. If AAA rules conflict with these Terms, these Terms will govern. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. A judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Where the AAA’s Consumer Arbitration Rules apply, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to prevent the abuse of the Services or Intellectual Property Rights, or to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section 8.
- Class Action Waiver. You and WeMod each waive the right to a trial by jury or to pursue claims on a class, collective, or representative basis. All claims must be arbitrated on an individual basis.
- Opt-Out Right. You have 30 days from the creation of your Account or the update of the arbitration provisions in these Terms to opt out of arbitration, which you may do by emailing us at legal@wemod.com with the subject “Arbitration Opt-out” and including your full name, your WeMod Account name, and the email associated with your Account. If you opt out, the last version of these arbitration terms that you accepted will apply.
- Batch Arbitration. To provide a more efficient arbitration process, you and we each agree that if 25 or more similar arbitration demands are filed within a 60-day period or with the assistance of the same law firm or group of law firms, AAA will consolidate the arbitration demands. For each batch, AAA will administer one set of filing and administrative fees per side, per batch, and AAA will appoint one arbitrator to resolve each batch as a single consolidated arbitration. Arbitration demands are similar if they arise from similar facts and raise similar legal issues while seeking similar relief. Any dispute about similarity will be submitted to a single arbitrator, whose fees will be paid by us.
- Severability. If any portion of the arbitration terms or dispute resolution terms in this Section 8 is found to be invalid or unenforceable, the remainder will remain in full force and effect. However, if such a finding would allow a class arbitration, class action, or representative action, then this entire dispute resolution section shall be unenforceable in its entirety.
- For clarity, if you reside in the EEA, Switzerland, or the UK, this Section 8 does not apply.
9. Miscellaneous
- Choice of Law and Exclusive Venue. These Terms and any disputes arising out of or relating to them will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. To the extent any claims or disputes arising out of or relating to these Terms are not subject to Section 8 (Disputes & Arbitration), they shall be litigated exclusively in the federal or state courts located in New York, New York. If you reside in the EEA, Switzerland, or the UK, this Section 9.a will not apply and the law of the jurisdiction where you are a resident will govern these Terms.
- Waiver. Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
- Force Majeure. We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
- Parties. These Terms are a contract between you and WeMod LLC, a company with a principal place of business located at 390 NE 191st St STE 8621 Miami, FL 33179.
- Assignment. We may assign and/or transfer these Terms and our rights and obligations hereunder to a third party. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempted transfer or assignment by you in violation of these Terms is null and void.
- Rights of Third Parties. These Terms do not give any right to any third party except as expressly provided in these Terms.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
- Updates & Effective Date. The effective date of these Terms is August 15, 2025. We can update these terms at any time and the modified terms will be posted at this URL or a successor. We will provide at least 10 days’ prior notice (e.g. via email) of any material changes, except for changes to comply with legal obligations, which will become effective immediately. If you don’t agree to the modified terms you should cease using our Services. By continuing to use WeMod, you are agreeing to be bound by the then-current version of these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose.