Terms of service

Last updated: October 22, 2026

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and ModalWorks, Inc. ("ModalWorks," "we," "us," or "our"), a Texas corporation located at 14125 West State Highway 29, STE B-203 #137, Liberty Hill, TX 78642. They govern your use of modalwork.com and every purchase you make from us, whether online, by invoice, by phone, or by email.

By placing an order, paying an invoice, checking any box agreeing to these Terms, or using our website, you confirm that you have read, understood, and agree to these Terms and to our Shipping Policy, Refund & Warranty Policy, and Privacy Policy, which are incorporated here by reference. If you do not agree, do not place an order.

Please read Section 10 (Payment Disputes and Chargebacks) and Section 14 (Dispute Resolution and Arbitration) carefully. They affect your legal rights, including how disputes are resolved and a waiver of class actions.

2. Eligibility

You must be at least 18 years old and legally able to enter into contracts to purchase from us. If you purchase on behalf of a business, you represent that you are authorized to bind that business to these Terms.

3. Orders, Pricing, and Payment

Order acceptance. Your order is an offer to buy. We may accept, refuse, limit, or cancel any order at any time and for any reason, including suspected fraud, unauthorized or high-risk transactions, pricing or listing errors, or product availability. If we cancel a paid order, we will refund the amount paid.
Pricing errors. Prices and product information are subject to change without notice. If a product is listed at an incorrect price or with incorrect information, we may cancel the order even after it has been confirmed or charged.
Payment authorization. By submitting payment, you represent that you are the authorized holder of the payment method, that the billing information you provide is accurate, and that you authorize ModalWorks to charge the full order amount, including taxes, shipping, and any applicable fees.
Authorization and capture. We may authorize your payment method when you place an order and capture payment when the order is fulfilled or at any point before shipment.
Fraud prevention and verification. We use fraud screening, address verification (AVS), card security code (CVV) checks, and device and IP data. We may hold an order and ask you to verify your identity, payment method, or shipping address, including with a photo ID or a photo of the card used (with all but the last four digits covered). Orders that cannot be verified may be cancelled.
Shipping address. We may require that higher-value orders ship only to the verified billing address, and we may require an adult signature on delivery.
Taxes. You are responsible for all applicable sales, use, and import taxes unless you provide a valid resale or exemption certificate before your order is processed.

4. Made-to-Order Products and Lead Times

Many ModalWorks products are manufactured to order after purchase. Lead times shown on product pages, in emails, or at checkout are good-faith estimates, not guaranteed delivery dates. Production can be delayed by material supply, outside manufacturing partners, quality inspection, coating, or carrier delays. A delay beyond the estimated lead time is not a breach of these Terms and does not entitle you to cancel outside of our Refund & Warranty Policy or to dispute the charge. By ordering a made-to-order product, you acknowledge its lead time and the cancellation terms that apply to it.

5. Shipping, Title, and Risk of Loss

All shipments are made under our Shipping Policy. Title to products and all risk of loss, theft, or damage pass to you when the package is handed to the carrier. Delivery tracking or proof of delivery from the carrier (including scans, GPS data, photos, or signature) is conclusive evidence that your order was delivered. Claims for packages that are lost, stolen, or damaged in transit must go through Guide Shipping Protection (if purchased at checkout) or the carrier, as described in our Shipping Policy.

6. Inspection and Acceptance

You must inspect your order within 72 hours of delivery and report any damage, missing items, or incorrect items to support@modalwork.com within that period, with photos. If you do not report a problem within 72 hours, the order is considered received in full, undamaged, and as described. Installing a product, or having it installed, constitutes final acceptance of that product's condition, fit, and finish.

7. Cancellations, Returns, and Warranty

Cancellations, returns, refunds, and warranty claims are governed exclusively by our Refund & Warranty Policy. Refunds are only issued as described there.

8. Off-Road and Competition Use; Emissions Compliance

Certain ModalWorks products, including but not limited to catless downpipes, decat components, high-flow catalysts, exhaust manifolds, turbochargers, intake systems, and other engine and emissions-related parts, are intended solely for off-road, racing, and competition use and are not legal for use on public roads in California or in any vehicle or jurisdiction subject to emissions regulations, unless the product page specifically states that the product carries a CARB Executive Order or EPA compliance.

You are solely responsible for determining whether a product is legal for your vehicle and location, and for complying with all federal, state, and local laws, including the Clean Air Act, emissions, inspection, noise, and equipment regulations. By purchasing these products, you represent that you will use them only in compliance with applicable law. ModalWorks is not responsible for any fines, penalties, failed inspections, registration issues, or other consequences arising from installation or use, and these are not grounds for return, refund, or chargeback.

9. Installation, Tuning, and Assumption of Risk

Our products are high-performance automotive parts. We strongly recommend installation by a qualified professional technician. You are responsible for verifying fitment before installation.
Many of our products require, or perform best with, engine calibration ("tuning"). Tuning, power levels, fuel quality, boost levels, ignition settings, and the use of other components are outside our control.
Motorsport, high-performance driving, and modifying your vehicle carry inherent risks, including mechanical failure, engine damage, property damage, personal injury, and death. You voluntarily assume all of these risks.
ModalWorks is not responsible for engine, drivetrain, or vehicle damage, or for any loss, arising from installation, improper installation, tuning or calibration, misuse, racing, operation beyond factory or published specifications, parts or components supplied by you or a third party, or the work of any installer or tuner.
Use of our products may void or affect your vehicle manufacturer's warranty. That is your responsibility.

10. Payment Disputes and Chargebacks

We stand behind our products and will work with you to resolve any problem. Filing a chargeback or payment dispute instead of contacting us delays resolution, costs us substantial fees, and is a misuse of the dispute process when the charge is valid. By placing an order, you agree to the following:

Contact us first. Before disputing any charge with your bank, card issuer, PayPal, Shop Pay, or any other payment provider, you agree to contact us at support@modalwork.com, describe the issue, and give us at least 10 business days to resolve it.
Authorized charges. You confirm that every charge for an order you placed, an invoice you paid, or a product you received is an authorized charge, and you agree not to dispute an authorized charge as "unauthorized," "fraudulent," or "unrecognized."
Delivered orders. If carrier tracking or proof of delivery shows your order was delivered to the address you provided, you agree not to dispute the charge as "not received." Packages lost or stolen after delivery must be claimed through Guide Shipping Protection (if purchased) or the carrier, not through a chargeback.
Made-to-order lead times. You agree not to dispute a charge for a made-to-order product as "not received" or "not as described" before the published lead time plus normal transit time has passed, or because production took longer than estimated.
Returns, refunds, and warranty. Returns, cancellations, refunds, and warranty claims must go through our Refund & Warranty Policy. A chargeback is not a substitute for our return process. If you file a chargeback while a return, refund, or warranty claim is in progress, we will stop processing that request until the dispute is resolved. You will not receive both a refund from us and a chargeback credit for the same charge. If that happens, you agree to repay the duplicate amount immediately.
Installed or used products. You agree not to dispute the charge for a product that has been installed, used, modified, or damaged after delivery.
Evidence we will provide. You consent to ModalWorks submitting to your card issuer, payment processor, and any dispute-resolution provider all relevant records, including: your order details, IP address, device and browser data, AVS and CVV results, your acceptance of these Terms (including date and time), carrier tracking and delivery confirmation, photos, emails, chat messages, phone notes, invoices, product page content as it appeared when you ordered, and evidence of installation or use.
Consequences of an unwarranted chargeback. If you file a chargeback or dispute that is inconsistent with these Terms, or that we reasonably believe is unwarranted or fraudulent:
- We will contest it and submit the evidence described above.
- Any pending refund, return, replacement, warranty, or discount offer is void.
- Your account will be closed, and we may refuse all future orders from you, your business, your email addresses, and your shipping and billing addresses.
- To the extent permitted by law, you agree to pay the disputed amount plus our chargeback fees, payment-processor fees, collection costs, and reasonable attorneys' fees incurred in recovering the amount owed. Unpaid balances may be referred to a collection agency.
- We may report the transaction to fraud-prevention databases and services used by merchants and payment processors, and, where we believe fraud occurred, to law enforcement.
Disputes you win in error. If a chargeback is decided in your favor and we later show that the order was delivered as described, or you keep the products, you agree to return the products at your expense or pay the full amount owed.
Your legal rights. Nothing in this section limits any right you have under applicable law, including the Fair Credit Billing Act, to dispute a charge that was genuinely unauthorized or a billing error made by us.

11. Disclaimer of Warranties

Except for the limited warranty stated in our Refund & Warranty Policy, all products and services are provided "AS IS" and "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MODALWORKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Performance figures, dyno results, horsepower and torque gains, and fitment information are examples from specific vehicles and conditions. They are not guarantees of results on your vehicle.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MODALWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, MANUFACTURING PARTNERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ENGINE OR VEHICLE DAMAGE, LABOR, TOWING, RENTAL VEHICLES, DOWNTIME, LOST PROFITS, OR LOSS OF USE, ARISING FROM OR RELATED TO ANY PRODUCT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless ModalWorks and its officers, employees, agents, manufacturing partners, and suppliers from any claims, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising from your purchase, installation, or use of any product; your violation of these Terms; your violation of any law, including emissions laws; or claims by any third party relating to your vehicle.

14. Dispute Resolution and Arbitration

Informal resolution first. Before starting any formal proceeding, you agree to email support@modalwork.com with a description of the dispute and the relief you want, and to negotiate in good faith for at least 30 days.
Binding arbitration. Any dispute, claim, or controversy arising from or relating to these Terms, our website, or any product or purchase that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules. Arbitration will take place in Williamson County, Texas, or by video conference, unless we agree otherwise. Judgment on the award may be entered in any court with jurisdiction.
Class action waiver. You and ModalWorks agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person.
Exceptions. Either party may bring an individual claim in small claims court in Williamson County, Texas, if it qualifies. ModalWorks may also pursue collection of unpaid amounts, chargeback recovery, or claims to protect its intellectual property in any court with jurisdiction.
Opt-out. You may opt out of this arbitration agreement by emailing support@modalwork.com within 30 days of your first purchase with the subject "Arbitration Opt-Out" and your name, address, and order number.
Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law rules. Subject to Section 14, the exclusive venue for any court proceeding is the state or federal courts located in Williamson County, Texas, and you consent to their personal jurisdiction.

16. Intellectual Property

All website content, product designs, CAD and CFD data, photos, videos, text, logos, and trademarks are owned by ModalWorks or its licensors and protected by intellectual property laws. Several ModalWorks designs are patent-pending. You may not copy, reverse engineer, scan, reproduce, or manufacture any ModalWorks design, or use our content or trademarks, without our written permission.

17. Electronic Communications and Records

You consent to receive communications from us electronically and agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing. You agree that our records of your order, your acceptance of these Terms, delivery, and our communications with you (email, chat, and phone notes) are accurate and admissible as evidence, including in payment disputes.

18. Third-Party Services

We use third-party providers, including Shopify, payment processors, carriers (UPS, USPS, DHL), and Guide Shipping Protection. Their services are governed by their own terms. We are not responsible for the acts or omissions of these providers, including carrier delays, losses, or customs holds.

19. Prohibited Uses

You may not use our website or products for any unlawful purpose; submit false or misleading information; place orders using a payment method you are not authorized to use; interfere with the website's security or operation; scrape or harvest data; or resell our products in violation of any written dealer agreement.

20. General

Changes. We may update these Terms at any time by posting the revised version on this page. The Terms in effect when you place an order apply to that order.
Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including supplier or manufacturing-partner delays, material shortages, carrier disruptions, natural disasters, and government actions.
Assignment. You may not assign these Terms. We may assign them without restriction.
Entire agreement. These Terms and the policies they incorporate are the entire agreement between you and ModalWorks about your purchase, and they replace any prior statements or agreements. In any conflict between these Terms and anything in an email, chat, or product listing, these Terms control unless ModalWorks agrees otherwise in writing.

21. Contact

ModalWorks, Inc.
14125 West State Highway 29, STE B-203 #137
Liberty Hill, TX 78642
support@modalwork.com · 512-986-3695