Effective as of March 2025.
These terms and conditions between you and Modash OÜ with a registered office at Telliskivi 60a, B-building, 10412 Tallinn (“Modash”) describe the terms of service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (including Modash Payments and Modash API Services), referred to collectively as the “Services”) Modash makes available through Modash.io (referred to collectively as the “Site”). Please take the time to read the Terms carefully as it governs your use of the Site and Services.
All of the terms and conditions stated herein apply without modification by you and together constitute a legally binding agreement between you and Modash (the “Agreement”). 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 will send a notification email to all active customers informing them of changes to the Terms of Service. The email will include a summary of key updates and a link to review the revised Terms.
3.1. Modash provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site and the Services. All restrictions on usage are outlined in Section 9 (Prohibited Uses), which supersedes any conflicting terms previously mentioned here. Some services, including Modash Payments and Modash API Services, are available upon request and can only be activated by Modash.
3.2. Modash API Services Access & Licensing. Modash provides an API that enables users to programmatically access creator data and other platform features. Access to the API is subject to these Terms and requires an active API subscription or separate agreement. Technical support for the API is provided in accordance with Modash's standard API support policies.
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. Modash reserves the right to modify or discontinue API services with prior notice. Continued API access requires compliance with updated API policies and technical changes. Modash does not guarantee uninterrupted access to the API.
4.2. Modash shall use commercially reasonable efforts to make the Modash Services and Site available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Modash will use reasonable efforts to give a 48 hours’ advance electronic notice such as via an in-application banner), and (b) any unavailability arising from force majeure.
4.3. Modash shall provide reasonable technical support to you in accordance with Modash’s standard practice, guaranteeing a response time within 48 hours to any support queries or issues that prevent you from accessing the Modash Services or Site on any regular business day.
4.4. 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, as specified in Section 11 (Termination).
4.5. You acknowledge and agree that you are allowed to use only one account per person. Enforcement details are outlined in Section 9.20.
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”):
(1) 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”);
(2) 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 Section 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:
6.4. 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 Section 11.
6.5. You agree to only collect, use, and disclose the personal data of the creators in a fair and lawful manner. You will not use the personal data of the creators for any unlawful or unethical purposes, and will respect their reasonable expectation of privacy.
6.6. You are responsible for obtaining necessary consent from the creators before collecting and processing their data through Modash’s monitoring services.
6.7. In the event that you violate these terms or engage in any unlawful or unethical behavior, Modash reserves the right to terminate your access to the Services at any time, without notice. Modash takes 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, including Modash Payments, Modash API Services, are associated with charges or fees (“Charged Services”). For use of such Charged Services you may purchase access to a plan (a “Subscription”) and other fees will apply for the use of Modash Payments as agreed separately.
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.
7.4. If you do not pay all charges or fees when due, then those amounts may accrue late interest at the rate of 1% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
7.5. Country and Currency Availability for Paid Services. Certain Services, such as Modash Payments (including Modash Affiliates Payments), are only available in specific countries and support select currencies. The list of supported regions and payment options is periodically updated on the Site. Please check the Site for the most current information before initiating transactions. Please refer to the Site for the most up-to-date information on supported regions and payment options.
7.6. All subscriptions are automatically renewed at the end of each subscription period unless you cancel your subscription within the Modash Platform at least before the end of the current term for monthly plans, and 60 days prior the end of the current term for yearly plans. If you do not cancel within this timeframe, your subscription will continue for another term under the same conditions.
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. Modash does not guarantee 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. Additionally, you agree that Modash’s Services and the data/content provided cannot be used for any purposes related to the Fair Credit Reporting Act (FCRA), including but not limited to determining eligibility for credit, insurance, employment, or other purposes governed by the FCRA.
8.2. You acknowledge that the data/content collected and displayed through the Services may require availability of 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. 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.
8.5. 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”.
8.6. To the extent permitted by applicable law, Modash may use Your Data to support and develop features and functionality within the Modash Site and Services and similar products and services. Modash may also analyse system activity data associated with use of the Modash Site and Services (including Modash API Services) by you for the purposes of optimizing, improving or enhancing the way the Modash Site and Services operate (or monitoring and auditing the use of API to ensure compliance), and to create new features and functionality in the sole discretion of Modash. During or after the use of the Modash Site and Services by you, Modash may, and you hereby instruct Modash to, anonymize or aggregate Your Data and use such anonymized or aggregated data for any purpose.
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 Modash detects multiple accounts or/and promotion plans established for one person, Modash at its 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. Modash may also create and publish case studies or similar marketing materials based on publicly available information about your company, provided that no confidential or proprietary information is disclosed. Except for the foregoing, neither party may use the other party’s name, logo, or any other identifying information 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 (except your balance for Modash Payments Services, which will be refunded after deduction of all fees (if applicable, including Modash Commission Fee, minimum Modash Payments Commission), interest for late payment etc.); (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 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 Sections 6.6, 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, 12 to 16, as well as your obligation to pay any fees applicable, including but not limited to those under sub-section 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 provide Modash with any feedback, Modash shall have the right to use such feedback at its discretion, including the incorporation of such suggested changes into the Modash Site and Services. You hereby grant Modash a perpetual, irrevocable, nonexclusive, assignable, sub-licensable, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use such feedback for any purpose.
If you have any questions about these Terms, please contact us at Hello@Modash.io or: Modash OU, Telliskivi 60a, B-building, 10412 Tallinn
14.1. Modash’s Limited Role and Responsibility
For transactions made through Modash Payments (including Modash Affiliates Payments), you receive full rights to the result of the creator’s services as per your agreement with the creator. Modash does not claim any ownership or intellectual property rights over the results of services provided by the creator.
Modash’s responsibility begins only when a payment request is initiated on the Site, and the creator has uploaded their invoice. Beyond facilitating transactions, Modash holds no further obligations related to the agreement between you and the creator.
14.2. Limitation of Liability
You indemnify Modash against claims from the creators regarding tracked content or data.
14.3. Modash shall not be liable for:
(i) the content of the contract between you and the creator;
(ii) the performance or non-performance of the creator’s services; and
in relation to Modash Payments (including Modash Affiliates Payments):
(iii) payments initiated without sufficient funds in your balance;
(iv) creator actions that deviate from their obligations, including but not limited to failure to upload an invoice or uploading incorrect information; and
in relation to Modash Affiliates Payments:
(v) the accuracy of the third-party tracking, such as link click tracking and discount code usage, can be blocked or hindered by providers outside Modash’s control and this may impact the ability to measure affiliate performance accurately.
14.4. Services and Site (including any content and features related thereto) are provided "as is" and “as available” without warranties of any kind. In particular, but not limited to the following list, Modash is not liable for:
(i) Any interruptions, delays, server down-time, errors or omissions;
(ii) The performance or results you may obtain by using the Services or Site;
(iii) Merchantability, fitness for a particular purpose, reliability of the Services or Site and that these will meet your requirements;
(iv) Inaccurate data and unavailability of third-party data (regardless whether accessed via the API or otherwise);
(v) Third-party tracking limitations and API changes due to third-party platform updates (e.g. social media APIs);
(vi) Creator contract disputes.14.5. Liability for damages is limited to the total amount of fees paid by you in the past 12 months.
15.1. Use of the Modash Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.
15.2. Governing Law: the laws of Estonia as the governing law, without giving effect to any principles of conflicts of law.
15.3. Jurisdiction: in the event of a dispute, controversy or claim arising out of or in relation to these Terms, Modash Site and Services, including but not limited to the formation, validity, breach or termination of these Terms, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the Terms. Should an amicable settlement between parties not be possible, the dispute shall be finally solved by and under exclusive jurisdiction of Harju County Court in Tallinn, Estonia.
16.1. “Confidential Information” means all information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and/or the circumstances of disclosure. Your Confidential Information includes any information processed by you through the Modash Services or Site; Confidential Information of Modash includes the Modash Services and Site (including Payments and Affiliates). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
16.2. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections of the Confidential Information to those herein.
16.3. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
