Terms of Service
Build Your Store. Sell What's Next.
Effective Date: October 26, 2023
1. Effective Date and Introduction
Welcome to Modly. These Terms of Service ("Terms") govern your access to and use of the Modly platform, including the website, mobile applications, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.
2. Acceptance of Terms
By creating an account, registering as a Seller, or making a purchase on the Platform, you accept and agree to be bound by the terms and provisions of this Agreement. You represent that you are legally capable of entering into these Terms.
Key Agreements
Agreement to Terms
Your continued use of the Platform constitutes acceptance of any changes to these Terms.
Updates
We reserve the right to modify these Terms at any time. Significant changes will be notified via email.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
3. Account Registration and Eligibility
To use Modly, you must be at least 18 years old or the age of majority in your jurisdiction. You represent that you are legally capable of entering into these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Eligibility Requirements
You agree to provide accurate, current, and complete information during the registration process. You may not use the Platform if you are a competitor of Modly or if you are restricted from using such services by applicable laws.
Modly reserves the right to refuse service to anyone for any reason at its sole discretion.
Seller Responsibilities
Authenticity
You must sell genuine products. Counterfeit goods, knock-offs, or unauthorized replicas are strictly prohibited and will result in immediate account termination.
Accurate Descriptions
Product descriptions, images, and specifications must be truthful and not misleading. You must accurately represent the modular nature and compatibility of your products.
Shipping Standards
You must ship orders within the timeframe specified in your listing. Failure to ship on time may result in order cancellations and penalties.
Modular Compliance
Ensure all modular components are compatible, safe for use, and meet all relevant safety standards (e.g., FCC, CE, UL).
4. Buyer Responsibilities and Purchase Terms
Buyers are responsible for providing accurate shipping addresses and ensuring someone is available to receive packages. You agree to pay all fees and taxes associated with your purchase.
Resale Policy
Resale of products purchased on Modly is restricted unless explicitly authorized by the Seller. Modly acts as a facilitator for transactions and is not a party to the actual sale between Buyer and Seller.
Fees, Payments, and Refunds
Transaction Fees
Standard fee is 5%. Pro plan is 2%. Scale plan is 0%. Fees are deducted from the sale price before payout.
Payment Processing
We use Stripe for secure payment processing. Payouts are processed every business day via bank transfer or debit card.
Refund Policy
Buyers may request a refund within 30 days of delivery if the item is defective, not as described, or materially different from the listing.
5. Intellectual Property
The Platform and its original content, features, and functionality are and will remain the exclusive property of Modly and its licensors.
You retain ownership of any content you upload to the Platform, subject to our Terms of Use for User Content.
Licensing
You grant Modly a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your content solely for the purpose of operating the Platform and preventing fraud.
6. Dispute Resolution and Arbitration
Any dispute arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association.
You and Modly agree to waive any right to a trial by jury or to participate in a class action.
Arbitration Location
Arbitration shall be conducted in the county where you reside, or if you are a Seller, where Modly’s principal place of business is located.
7. Limitation of Liability
In no event shall Modly, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
Maximum Liability
Our total liability to you for all claims shall not exceed the amount you paid, if any, to access the Platform in the twelve (12) months prior to the claim.
8. Changes to Terms and Contact
We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or by posting a notice on the Platform.
Your continued use of the Platform following the posting of revised Terms constitutes acceptance of those changes.
Contact Information
If you have any questions about these Terms, please contact our Legal Department at legal@modly.com.