This is an Agreement between you and Modash OU with registered office Telliskivi 60a, B-building, 10412 Tallinn (hereinafter – “Modash”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through Modash.io (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
All of the terms of the Agreement apply without modification by you and together constitute legally binding terms between you and Modash. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms whether on your own behalf or on behalf of a legal person you represent. If you are entering into these Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
From time to time, Modash may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
Modash provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site and the Services. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose (except to the extent expressly permitted by Modash or authorized within Services, as needed to exercise the rights under this Agreement or as expressly permitted under applicable laws). You must not obscure, alter, remove or delete any copyrighted or other proprietary notices contained in the Services. You will not copy, modify, adapt, reverse engineer, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
4.1. You understand and agree that Modash may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that Modash can disable access to Services for non-payment or other material breach of the Terms, you may be prevented from accessing your files or other content which is contained in Modash Site or Services.
4.3. You acknowledge and agree that you are allowed to use only single account per person.
As part of the registration process, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number, credit card, and email address. You agree that any registration information you give to Modash will always be accurate, correct and up to date. You are responsible for protecting any tokens, keys or passwords for Modash Site and Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys or passwords. You are solely responsible for any and all activity that occurs on or through your tokens, keys or passwords. You agree to notify Modash immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. Modash may access your tokens, keys, passwords from time to time to provide You assistance with technical or billing issues or in order to maintain or improve the Services.
6.1. You acknowledge that when processing personal data of individuals that you obtain through your use of the Site and the Services, you may become a “controller” of personal data for the purposes of data protection laws including the EU General Data Protection Regulation and the UK General Data Protection Regulation (collectively the “GDPR”).
6.2. If GDPR applies to you, you hereby acknowledge that as between you and Modash (each a “Party” and together the “Parties”):each Party is an independent controller for the purposes of the GDPR in relation to personal data that Modash (a) obtains from you to administer the Services, including to carry out billing and collections, and (b) obtains from third party sources and provides to you through the Site and the Services (the “Creator Data”);the Parties do not jointly determine the purposes and means of processing Creator Data and do not act as joint controllers.
6.3. Subject to Clause 6.2, you agree that in relation to personal data you provide to Modash when you make use of the Site and the Services (“Your Data”), you act as an independent controller for the purposes of the GDPR, and Modash acts as your processor. You agree that:6.3. Modash will process Your Data to provide you with certain elements of the Services, in accordance with your instructions. Your instructions are documented in this Agreement. Unless prohibited by applicable law, Modash will inform you if Modash is subject to a legal obligation that requires Modash to process personal data in contravention of your instructions.
(1) Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Modash will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. Modash will notify you without undue delay after becoming aware of a personal data breach involving Your Data. Modash will ensure that all personnel authorized to process Your Data are subject to an obligation of confidentiality.
(2) You hereby authorize Modash to engage processors. Modash will enter into a written agreement with such processors which imposes the obligations required under the GDPR. Modash will notify you of any intended change to its processors.
(3) Taking into account the nature of the processing, and the information available to Modash, Modash will assist you, including, as appropriate, through implementing technical and organizational measures, with the fulfillment of your obligations under the GDPR to: comply with requests made by data subjects to exercise their rights; conduct data protection impact assessments, and prior consultations with supervisory authorities; notify supervisory authorities of personal data breaches.
(4) If Modash transfers personal data to any country outside of the UK or the EEA, Modash will follow any necessary requirements according to the GDPR.
(5) You may request the return of Your Data up to thirty (30) days after termination of your access to the Services in accordance with Clause 11.
6.4. You agree to only collect, use, and disclose the personal data of influencers and creators in a fair and lawful manner. You will not use the personal data of influencers and creators for any unlawful or unethical purposes, and will respect their reasonable expectation of privacy.
6.5. In the event that you violate these terms or engage in any unlawful or unethical behavior, we reserve the right to terminate your access to the Services at any time, without notice. We take the fair and lawful treatment of personal data very seriously and will not tolerate any violations of these principles.
7.1. Certain features of the Site or the Services are associated with charges or fees (“Charged Services”). For use of such Charged Services you may purchase access to the following plans (a “Subscription”).
7.2. Subscription plan. All charges and fees are listed in USD unless expressly identified otherwise. You agree to pay any applicable charges and fees associated with your use of the Charged Services either by upfront quarter payment for the entire value of Subscription or in monthly installments.
7.3. To access the parts of the Services that are associated with charges and fees, you must provide requested details and follow applicable billing procedures. Billing procedures are subject to change at any time without prior notice to you. By providing a payment method, you represent that you are authorized to use the payment method you provided and that the information provided by you is true and accurate. Modash accounts can be billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial use of Charged Services, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond Modash control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. Modash does not accept any liability for such loss. Modash reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on a monthly basis. Modash may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and that Modash’s analysis of the data/content may be based on what third-party data sources provide to Modash. Modash does not verify the accuracy of data/content provided through the Services. Any use of the data/content created by Modash except as specifically described herein is strictly prohibited. Furthermore, government regulations and/or compliance with applicable laws may prevent Modash from using certain data/content or providing it to you.
8.2. You acknowledge that the data/content collected and displayed through the Services may require access to third party sites, and such third parties may prevent Modash from generating such data/content. Modash does not guarantee that the Services, or any content available via the Services, will always be available or be uninterrupted.
8.3. You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services, and make effective use of the Services provided by Modash as an analytical tool. You acknowledge that the Services are made available to you without any warranties or guarantees that the data/content provided is accurate, complete or up to date.
8.4. If you request that Modash track certain influencers, you indemnify Modash and hold it harmless as to any claims such influencer could bring against Modash for use of their content and/or data concerning their content on its service for tracking purposes.
8.5. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Modash is not responsible for the availability of, or the materials located on or through, any External Sites.
8.6. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Modash shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.7. You shall acknowledge Modash as the source of the data/content; if you use/show data/content from Modash online, you shall link to Modash website, place the Modash logo and credit the source as follows: “powered by Modash”.
You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. You may only use the service to the degree outlined in your plan. Your plan can be found at https://marketer.modash.io/billing/current-plan unless agreed upon separately.
9.2. Use of Charged Services without fulfilling payment responsibilities.
9.3. Use any means to modify or reroute the Service.
9.4. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
9.5. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have specific written agreement with Modash for this).
9.6. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.7. Use the Services in any way that harms Modash, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by Modash in its sole discretion;
9.8. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;
9.9. Use any meta tags or any other "hidden text" utilizing Modash's name or trademarks without the prior written consent of Modash;
9.10. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of Modash;
9.11. Use the Services in any manner which is contrary to the provisions of any applicable third party terms of use or other agreements (including any requirement to secure written permission prior to making certain utilization of content);
9.12. Use the Services to "stalk" or otherwise harass another person;
9.13. Employ any technique to compile any false or misleading information or content;
9.14. Harm minors in any way;
9.15. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9.16. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
9.17. Use the Services to gain unauthorized access to any third party services, user accounts, computer systems, or networks;
9.18. Use the Modash domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate Modash or any other third party;
9.19. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
9.20. You acknowledge and agree that in case we detect multiple accounts or/and promotion plans established for one person, we at our sole discretion may, without warning and refund, terminate such multiple accounts or/and promotion plans.
You grant Modash the right to add your name and company logo to its customer list and website. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by canceling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the Subscription; iii) you may lose access to and use of your tokens, keys or passwords and any Services and Services credits contained therein.
11.2. You acknowledge and agree that Modash may terminate keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular but not limited to violation of clauses 8.4, 9.1 and 9.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to Modash.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your tokens, keys or passwords and all Services contained therein. All terminations are at the sole discretion of Modash, and you agree that Modash shall not be liable to you or any third party as a result of termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from Modash. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 11.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
You acknowledge and agree that the Site and Services are the exclusive property of Modash and except as may be otherwise provided herein, Modash does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. Modash owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Modash or its content suppliers and protected by international copyright laws. Any third party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without Modash's prior written consent.
If you have any questions about these Terms, please contact us at Hello@Modash.io or: Modash OU, Telliskivi 60a, B-building, 10412 Tallinn
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODASHAND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. MODASH MAKES NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND MODASH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODASH OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF Modash OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, MODASH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
