Terms of Service

Last updated: April 4, 2026

1. Service Description

ModernVisa is a cloud-based immigration case management platform designed for immigration agencies and their clients. The platform facilitates the preparation, tracking, and management of H-2A and H-2B temporary agricultural and non-agricultural worker visa applications, as well as other immigration matters. ModernVisa provides tools for document collection, case status tracking, secure messaging, and USCIS submission workflow automation.

ModernVisa is not a law firm and does not provide legal advice. The platform is a technology tool to support licensed immigration attorneys and accredited representatives in managing their caseloads.

2. Acceptance of Terms

By accessing or using the ModernVisa platform, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the platform on behalf of an organization, you represent that you have the authority to bind that organization to these terms. If you do not agree to these terms, do not use the platform.

3. User Accounts and Obligations

To access the platform, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Use the platform only for lawful purposes and in compliance with all applicable immigration laws and regulations
  • Not misrepresent your identity or qualifications when processing immigration matters
  • Ensure that all information submitted through the platform is accurate to the best of your knowledge

Agency administrators are responsible for managing access for their agents and clients. You are responsible for all activity that occurs under your account.

4. Data Processing and Immigration Information

ModernVisa processes sensitive personal and immigration data on your behalf. As a data processor, we handle this information pursuant to our Privacy Policy and any applicable data processing agreements. You, as the agency or authorized representative, are the data controller responsible for:

  • Obtaining proper consent from applicants to share their immigration information on the platform
  • Ensuring that data submitted is accurate and complete
  • Maintaining appropriate records as required by USCIS and applicable law
  • Complying with all applicable data protection laws, including GDPR and CCPA where applicable

Immigration data including passport details, visa applications, employment authorization documents, and other government-issued identification submitted through the platform is encrypted in transit and at rest. We do not sell, rent, or share this data with third parties except as required for platform functionality or by law.

5. Subscription and Payment

Access to ModernVisa is provided on a subscription basis. Pricing is based on a base platform fee plus per-agent seat fees and per-active-case fees as described on our Pricing page. Subscriptions are billed monthly and auto-renew unless canceled. You authorize us to charge your payment method on file for all applicable fees.

Fees are non-refundable except as required by law or as explicitly stated in a separate written agreement. We reserve the right to change our pricing with 30 days' notice. Continued use of the platform after a price change constitutes acceptance of the new pricing.

6. Intellectual Property

The ModernVisa platform, including its software, design, and content, is owned by ModernVisa and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes during your subscription period. You may not copy, modify, distribute, sell, or reverse engineer any portion of the platform.

You retain ownership of all data and documents you submit to the platform. By submitting content, you grant ModernVisa a limited license to process and store that content solely to provide the platform services.

7. Prohibited Uses

You may not use ModernVisa to:

  • Submit fraudulent or falsified immigration documents or information
  • Impersonate any person or entity or misrepresent your credentials
  • Engage in any activity that violates U.S. immigration law or the laws of any applicable jurisdiction
  • Attempt to gain unauthorized access to any part of the platform or other users' accounts
  • Introduce malware, viruses, or other harmful code into the platform
  • Use the platform in any way that could impair its operation or interfere with other users
  • Scrape, harvest, or extract data from the platform by automated means

8. Limitation of Liability

To the maximum extent permitted by applicable law, ModernVisa and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or delays in immigration processing, arising out of or related to your use of the platform.

ModernVisa's total cumulative liability arising out of or related to these Terms shall not exceed the fees you paid to ModernVisa in the twelve months preceding the claim. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

ModernVisa is a software tool and is not responsible for immigration outcomes, USCIS decisions, or the professional conduct of immigration practitioners using the platform.

9. Termination

Either party may terminate these Terms at any time. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period. ModernVisa may suspend or terminate your access immediately if you violate these Terms, fail to pay applicable fees, or if we are required to do so by law.

Upon termination, your right to access the platform ceases. You may request an export of your data within 30 days of termination. After that period, we may delete your data in accordance with our data retention policies, except as required by law.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Your continued use of the platform after changes take effect constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

12. Contact

For questions about these Terms of Service, please contact us at legal@modernvisa.com.

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