Moda

Moda Terms of Service

Last Updated: October 21, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between Nullframe, Inc. d/b/a Moda (“Moda”) and the individual or legal entity accepting these Terms (“Customer”) (each, a “Party” and together, the “Parties”). These Terms govern Customer’s access to and use of Moda’s websites, applications, platform, and related products and services (collectively, the “Services”).

1. Acceptance of Terms; Eligibility

By accessing or using the Services, creating an account, purchasing a subscription, or otherwise indicating acceptance, Customer agrees to these Terms. Customer must be at least 18 years old and legally capable of entering into a binding agreement. If an individual accepts these Terms on behalf of an entity, that individual represents and warrants that the individual meets these requirements and has authority to bind the entity, which will be deemed the Customer. Individuals authorized to use the Services on Customer’s behalf are “Authorized Users”. Customer is responsible for its Authorized Users’ compliance with these Terms and all activity conducted through its Accounts. Any separately executed agreement or ordering document between Moda and Customer governing the Services is a “Customer Agreement”.

2. The Services

Moda provides software and technology tools for creating, editing, generating, and managing designs, graphics, presentations, and other content. Moda may modify, enhance, limit, suspend, replace, or discontinue the Services or any functionality at its discretion, with or without notice, except as required by applicable law or expressly agreed in a Customer Agreement. Moda does not guarantee the continued availability of any feature or uninterrupted access to the Services. Customer is responsible for obtaining and maintaining, at its expense, the equipment, software, internet access, and other resources necessary to use the Services. Except as required by law or expressly agreed in a Customer Agreement, Moda has no obligation to provide refunds or credits for changes to, suspension of, or discontinuation of the Services.

3. Accounts

Certain Services require Customer or its Authorized Users to create an account (“Account”). Customer shall provide accurate, complete, and current Account information, maintain the confidentiality and security of Account credentials, and promptly notify Moda of unauthorized access or use. Moda may require additional authentication or security measures and is not responsible for notices not received because Customer provided inaccurate or outdated contact information. Accounts remain subject to Moda’s control, and Customer receives only the access rights expressly granted under these Terms.

Enterprise Accounts. If Customer is an organization, Customer may administer Accounts and associated workspaces used by its Authorized Users (“Enterprise Accounts”). Customer and its designated administrators may access, manage, modify, export, or delete information associated with Enterprise Accounts and restrict or terminate Authorized Users’ access. Authorized Users may lose access to associated content when their access to an Enterprise Account ends.

4. Acceptable Use

Customer shall use the Services in compliance with these Terms and applicable law and shall ensure that its Authorized Users do the same. Customer shall not, and shall not permit any Authorized User or third party to:

Moda may investigate suspected violations and remove content, restrict access, suspend Accounts, or take other appropriate enforcement action.

5. API and Integrations

Moda may provide application programming interfaces, software development kits, webhooks, or other integration tools (“API”). Customer’s use of the API is subject to these Terms and any additional documentation, technical requirements, rate limits, or usage policies Moda provides (“API Documentation”), which are incorporated by reference. Customer is responsible for protecting API credentials and all activity conducted through them. Customer shall comply with Section 4, refrain from publicly disclosing API credentials, and promptly notify Moda of unauthorized API access. Customer may not use the API to develop competing products or services without Moda’s prior written permission. Moda may establish or modify API-specific limits, restrictions, and technical controls or modify, suspend, deprecate, or discontinue API functionality at any time. Customer is responsible for maintaining compatibility with current API Documentation. Unless otherwise agreed in writing, Moda does not guarantee API availability, uptime, or performance. Moda may suspend or terminate API access under Section 14. Upon termination, Customer shall stop using the API and delete its credentials and information obtained through the API, except information Customer is authorized or legally required to retain.

6. Beta and Preview Features

Moda may offer beta, experimental, preview, early-access, or similar features (“Beta Features”). Beta Features may be incomplete or contain errors. Moda may modify, suspend, or discontinue them at any time. Unless otherwise expressly agreed in writing, Moda provides Beta Features “as is” without service-level commitments.

7. Moda Property

Moda and its licensors own the Services and all related software, technology, interfaces, designs, templates, documentation, workflows, models, algorithms, features, trademarks, logos, and other materials they provide (collectively, “Moda Property”). Subject to these Terms and payment of applicable Fees, Moda grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable subscription or access period for lawful personal or business purposes, including through Authorized Users. Moda and its licensors reserve all rights not expressly granted. Customer shall not remove or alter proprietary notices or use Moda’s names, trademarks, logos, or other brand identifiers without Moda’s prior written authorization. All goodwill arising from authorized use of Moda’s trademarks belongs exclusively to Moda.

Customer Trademarks and Publicity. Customer grants Moda a non-exclusive, worldwide, royalty-free license to use Customer’s names, trademarks, logos, and other brand identifiers made available to Moda to identify Customer as a user of the Services and promote the Services. Customer may revoke this promotional license by written notice, after which Moda will cease new promotional uses within a commercially reasonable period, subject to existing materials or uses that cannot reasonably be withdrawn.

Feedback. If Customer or its Authorized Users provide suggestions, ideas, comments, or other feedback about the Services (“Feedback”), Customer grants Moda a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate, and otherwise exploit Feedback for any lawful purpose without restriction or compensation. Feedback does not include Customer Data (defined below).

8. Data

Customer Data. Customer and its Authorized Users may submit, upload, or otherwise provide content, data, text, images, graphics, files, code, prompts, and other materials through the Services (collectively, “Customer Data”). As between Moda and Customer, Customer retains all rights in Customer Data. Customer represents and warrants that it has all necessary rights, permissions, notices, and consents to provide Customer Data and authorize its processing under these Terms. Customer grants Moda and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, modify, and otherwise use Customer Data to provide, operate, maintain, secure, support, develop, and improve the Services (subject to the opt-out in Section 9); perform Customer’s instructions; prevent fraud or abuse; comply with law; and exercise Moda’s rights under these Terms, subject to the Privacy Policy, the DPA (where applicable), and any Customer Agreement.

Usage and Aggregated Data. Moda may collect technical, operational, diagnostic, performance, and usage information relating to the Services (“Usage Data”) and create aggregated, anonymized, or de-identified information derived from use of the Services that does not reasonably identify Customer or any individual (“Aggregated Data”). Subject to applicable law, the Privacy Policy, the DPA (where applicable), and any Customer Agreement, Moda may use and disclose Usage Data and Aggregated Data for lawful business purposes, including operating, analyzing, securing, maintaining, improving, and developing the Services and associated AI models. Where required by law, Moda will maintain Aggregated Data in de-identified form and will not attempt to re-identify it except as permitted by law.

Customer Responsibility. Customer is solely responsible for its Customer Data, including its accuracy, legality, and compliance with these Terms. Moda has no obligation to monitor Customer Data or Authorized User activity but may review, remove, restrict, preserve, or disclose Customer Data when Moda reasonably believes doing so necessary or appropriate to enforce these Terms, address security or abuse, protect rights or safety, or comply with law or legal process.

9. AI Features and Generated Content

Certain Services may use artificial intelligence, machine learning, or other automated systems (“AI Features”). Customer may provide prompts, instructions, files, or other inputs (“Inputs”) and receive text, images, designs, presentations, recommendations, or other generated content (“Outputs”). Inputs constitute Customer Data under Section 8.

Output Ownership. As between Moda and Customer, and to the extent permitted by applicable law, Moda assigns to Customer any rights Moda may have in Outputs generated for Customer. This assignment does not transfer ownership of Moda Property or Third-Party Materials incorporated into Outputs.

Embedded Moda Materials. To the extent Moda Property, including templates or design elements, is incorporated into an Output, Moda grants Customer a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, distribute, and otherwise exploit that Moda Property solely as incorporated into the Output for lawful personal and commercial purposes. Customer may not extract, separately distribute, sell, sublicense, or otherwise exploit the underlying Moda Property independently of the Output. Third-Party Materials remain subject to applicable third-party terms.

AI Limitations. Outputs may be inaccurate, incomplete, misleading, unsuitable for their intended use, or non-unique. Customer is responsible for reviewing and evaluating Outputs before relying on, publishing, distributing, or otherwise using them. Outputs do not substitute professional, legal, financial, medical, or other expert advice.

Model Training. Unless Customer opts out, Moda may use Customer Data, Inputs, Outputs, and information derived from your use of the Services to develop, train, test, evaluate, and improve the Services and Moda’s artificial intelligence and machine-learning models, subject to applicable law, the DPA, and any Customer Agreement where applicable. You may opt out of the use of your Customer Data, Inputs, and Outputs for model training by emailing [email protected]. For Enterprise Accounts, the administrator is in charge of opt-outs. An opt-out applies prospectively and does not require Moda to reverse or retrain models developed using data before the opt-out became effective, except where required by applicable law. Moda may continue to use Usage Data and Aggregated Data for the purposes described in these Terms notwithstanding an opt-out, provided such information does not identify and cannot reasonably be used to identify a customer or individual. Notwithstanding the foregoing, Moda will not use data obtained through Google APIs, or through any Third-Party Service whose terms prohibit it, for model training.

10. Privacy and Security

Privacy Policy. Moda’s collection, use, and disclosure of information relating to an identified or identifiable individual that is protected as personal data or personal information under applicable data protection law (“Personal Data”) for its own business purposes are described in its privacy policy, available at https://moda.app/privacy (“Privacy Policy”).

Data Processing Addendum. To the extent Moda processes Personal Data contained in Customer Data on behalf of Customer, Moda’s Data Processing Addendum (“DPA”), available at https://moda.app/dpa, governs that processing and is incorporated into these Terms by reference. If these Terms conflict with the DPA regarding Personal Data subject to the DPA, the DPA controls unless otherwise expressly agreed in a Customer Agreement.

Security. Moda does not guarantee that the Services will be free from unauthorized access, security incidents, or other vulnerabilities. Any specific security obligations are governed by the DPA, applicable law, or a Customer Agreement. Customer is responsible for securing its Accounts, credentials, devices, and systems.

11. Third-Party Materials and Services

The Services may include third-party products, software, integrations, content, or other materials (“Third-Party Materials”) or connect with third-party websites, applications, products, or services (“Third-Party Services”). These materials and services may be subject to separate terms and Customer’s transactions and disputes with third parties are solely between Customer and those third parties. Moda does not control Third-Party Materials or Third-Party Services and is not responsible for their availability, accuracy, content, security, privacy practices, compatibility, performance, or conduct. Customer is responsible for reviewing and complying with applicable third-party terms. By enabling an integration, Customer authorizes Moda to exchange information with the applicable provider as reasonably necessary to deliver the requested functionality, subject to the DPA (where applicable) and any Customer Agreement. To the maximum extent permitted by law, Customer releases the Moda Entities from claims arising from such transactions or disputes, except to the extent caused by a Moda Entity’s own conduct for which liability cannot lawfully be excluded.

Open Source Software. The Services may include open source software subject to separate license terms. Applicable licenses and notices are available at https://moda.app/licenses or another location Moda identifies. If an applicable open source license conflicts with these Terms, that license controls with respect to the relevant software.

12. Fees, Subscriptions, and Payment

Certain Services require payment of fees (“Fees”). Customer agrees to pay all applicable Fees according to the pricing, subscription, usage, or other terms presented at purchase. Customer represents and warrants that its billing information is accurate and complete and that it is authorized to use its designated payment method. Customer shall keep its billing information current. Moda may decline, cancel, or reverse purchases involving suspected fraud, unauthorized transactions, payment issues, errors, or violations of these Terms. Unless otherwise stated or required by law, Fees are payable in U.S. dollars, non-cancelable, and non-refundable, including for unused subscription periods. Moda may issue refunds or credits in its discretion. Customer must notify Moda of any disputed charge within thirty (30) days after it appears on Customer’s billing or payment statement, unless applicable law requires a longer period. Customer authorizes Moda and its third-party payment processors, including Stripe (or any successor), to charge its designated payment method for all applicable Fees, including recurring subscription and usage-based Fees. Payment processing may be subject to applicable third-party terms. Fees exclude sales, use, value-added, and similar transaction taxes, which Customer must pay, other than taxes based on Moda’s net income.

Renewal; Cancellation. Customer authorizes Moda to charge the then-current Fees upon renewal, plus any usage-based Fees incurred. Except as otherwise stated in an applicable order, Customer may cancel a self-serve subscription at any time through the Services or by contacting [email protected]. Recurring subscriptions automatically renew for successive periods disclosed at checkout or in the applicable order unless canceled before renewal. Unless otherwise required by law, cancellation takes effect at the end of the then-current paid subscription period, and Customer retains access until then; however, deleting Customer’s account immediately ends the subscription and access. Subscriptions purchased under a separate Customer Agreement (including Enterprise Accounts) may be canceled only as that Customer Agreement provides.

Fee Changes. Except as provided in an applicable Customer Agreement, Moda, in its sole discretion, may, at any time, change its Fees, billing methods, and subscription plans. Customer’s continued use of the Service after a Fee change constitutes agreement to pay the changed amount. Moda will not change, however, Fees applicable to Services that Customer has already purchased or confirmed.

13. AI Credits and Usage Limits

Moda may offer credits, tokens, usage allowances, or similar mechanisms for accessing certain Services (“AI Credits”). AI Credits have no cash or monetary value, are not transferable or redeemable for money, and may be subject to expiration, usage limits, or other conditions disclosed when provided. Moda may modify or discontinue AI Credits and establish or change usage limits, rate limits, quotas, and similar controls, subject to applicable law.

14. Suspension and Termination

Suspension. Moda may suspend or restrict access to all or part of the Services for nonpayment; actual or suspected violations of these Terms or API Documentation; security, fraud, or abuse concerns; excessive or unauthorized use; legal requirements; or other legitimate operational reasons. Moda may provide notice or an opportunity to remedy an issue where practicable but is not required to do so unless applicable law or a Customer Agreement requires it.

Termination. Customer may stop using the Services or cancel a subscription under Section 12. Moda may terminate these Terms, Accounts, or access to affected Services at any time for any lawful reason, with or without notice, subject to applicable law and any Customer Agreement. Unless otherwise required by law or expressly agreed in a Customer Agreement, termination does not entitle Customer to a refund or relieve Customer of accrued or non-cancelable Fees.

Effect of Termination. Upon termination, Customer’s right to use the affected Services ends. Customer is responsible for retaining copies of Customer Data it wishes to preserve. Moda does not guarantee that Customer Data will remain available or exportable after termination and may delete or restrict access to it in accordance with its retention practices, the DPA, any Customer Agreement, and applicable law.

Survival. Provisions that by their nature should survive termination will survive, including accrued payment obligations, intellectual property rights, applicable licenses, Feedback, disclaimers, liability limitations, indemnification, dispute resolution, and other provisions necessary to give effect to these Terms.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODA PROVIDES THE SERVICES, AI FEATURES, OUTPUTS, BETA FEATURES, THIRD-PARTY MATERIALS, AND RELATED CONTENT “AS IS” AND “AS AVAILABLE.” MODA DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL COMPONENTS; THAT MODA WILL CORRECT DEFECTS; OR THAT OUTPUTS WILL BE ACCURATE, UNIQUE, COMPLETE, SUITABLE FOR ANY PARTICULAR PURPOSE, ELIGIBLE FOR INTELLECTUAL PROPERTY PROTECTION, OR FREE FROM THIRD-PARTY RIGHTS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MODA NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE “MODA ENTITIES”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE MODA ENTITIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO MODA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE THOUSAND U.S. DOLLARS (US $1,000).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS WILL NOT EXPAND ANY LIMITATIONS OF LIABILITY.

17. Indemnification

To the maximum extent permitted by applicable law, Customer shall defend, indemnify, and hold harmless the Moda Entities from third-party claims, damages, liabilities, losses, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising out of or relating to: (i) Customer Data; (ii) Customer’s or its Authorized Users’ use or misuse of the Services or Outputs; (iii) violations of these Terms or applicable law by Customer or its Authorized Users; or (iv) infringement, misappropriation, or violation of third-party rights by Customer or its Authorized Users. Moda will provide reasonable notice of an indemnified claim, but delayed notice will relieve Customer of its obligations only to the extent materially prejudiced. Customer shall control the defense using counsel reasonably acceptable to Moda unless Moda elects to assume control at its own expense. Customer shall reasonably cooperate with Moda and may not settle a claim without Moda’s prior written consent if the settlement imposes obligations, admits liability, or otherwise adversely affects a Moda Entity.

18. Changes to These Terms

Moda may update these Terms from time to time. Moda will provide notice of material changes as required by applicable law, including through the Services, email, or other permitted means. Unless Moda specifies otherwise, revised Terms take effect when posted. Customer’s continued use of the Services after the effective date constitutes acceptance to the extent permitted by law. If Customer disagrees with revised Terms, Customer must stop using the Services. Changes will not apply retroactively to disputes arising before their effective date.

19. Copyright Complaints

Moda respects intellectual property rights and responds to copyright infringement notices under the Digital Millennium Copyright Act (“DMCA”). Copyright owners or authorized agents may submit notices containing the information required by 17 U.S.C. § 512(c)(3) to:

Nullframe, Inc. d/b/a Moda
Attn: DMCA Agent
169 Madison Ave, Ste 2054
New York, NY 10016
United States
[email protected]

Moda may remove or disable access to allegedly infringing material as permitted by law. Counter-notifications may be submitted under 17 U.S.C. § 512(g).

20. Governing Law; Dispute Resolution

Governing Law. The laws of the State of Delaware govern these Terms and disputes arising out of or relating to them or the Services, without regard to conflict-of-laws principles, except where applicable law requires otherwise.

Informal Dispute Resolution. Before initiating arbitration, either Party must provide written notice of the dispute and allow the other Party thirty (30) days to attempt in good faith to resolve it informally. The notice must reasonably describe the nature of the dispute and the relief sought. This requirement does not apply where immediate injunctive or other emergency relief is reasonably necessary.

Binding Arbitration. Except as provided below, disputes arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules. Arbitration may occur remotely or at another location permitted by the applicable rules. Applicable arbitration rules and law govern arbitration fees and available remedies.

Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES SHALL BRING CLAIMS ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS, CLASS MEMBERS, OR REPRESENTATIVES IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS. AN ARBITRATOR MAY AWARD ONLY INDIVIDUAL RELIEF. IF THIS WAIVER IS UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM WILL PROCEED IN COURT RATHER THAN ARBITRATION.

Mass Arbitration. To the maximum extent permitted by applicable law, each Party agrees that arbitration will proceed solely on an individual basis and that claims may not be consolidated, coordinated, or administered with the claims of other persons. Notwithstanding the foregoing, if the AAA determines that its Mass Arbitration Supplementary Rules apply, those rules will govern the administration of the affected individual arbitrations.

Exceptions. Either Party may bring eligible claims in small claims court, seek temporary or preliminary injunctive relief to protect intellectual property, confidential information, data security, or proprietary rights, or pursue administrative remedies where permitted by law.

Arbitration Opt-Out. Customer may opt out of arbitration by emailing [email protected] within thirty (30) days after first becoming subject to this provision. The notice must identify Customer, provide the email associated with the Account, and clearly state Customer’s intent to opt out. Opting out does not affect other provisions of these Terms.

Court Proceedings. Claims not subject to arbitration must be brought exclusively in state or federal courts located in New Castle County, Delaware, unless applicable law requires otherwise. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Limitation on Claims

To the maximum extent permitted by law, Customer must bring any claim arising out of or relating to these Terms or the Services within one (1) year after it accrues, or the claim is permanently barred.

22. Communications

Moda may send Customer transactional, administrative, security, and service-related communications concerning the Services or Accounts and marketing communications where permitted by law. Customer may opt out of marketing communications using the applicable unsubscribe mechanism or as described in the Privacy Policy. Customer may continue receiving non-promotional communications after opting out.

23. Force Majeure

Neither Party is liable for delays or failures to perform obligations under these Terms, other than payment obligations, caused by circumstances beyond its reasonable control, including natural disasters, government actions, war, terrorism, civil unrest, labor disputes, epidemics, utility failures, internet or telecommunications outages, third-party infrastructure failures, cyberattacks, or similar events.

24. Assignment

Customer may not assign or transfer these Terms without Moda’s prior written consent. Moda may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction. Any attempted assignment in violation of this Section is void.

25. Miscellaneous

These Terms, together with incorporated policies, the DPA (where applicable), and any Customer Agreement, constitute the entire agreement between the Parties concerning the Services and supersede prior or contemporaneous agreements on the same subject matter. Unless a Customer Agreement expressly establishes a different order of precedence, conflicts will be resolved in the following descending order: (i) the DPA, solely concerning Personal Data subject to the DPA; (ii) any Customer Agreement; (iii) these Terms; and (iv) other incorporated policies or documentation. Applicable open source licenses control as provided in Section 11. If any provision is invalid or unenforceable, the remaining provisions remain effective, and the affected provision will be enforced to the maximum extent permitted by law. Neither Party waives any right by failing or delaying to enforce it. These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship.

26. Contact Information

Customer may direct questions concerning the Services or these Terms to:

Nullframe, Inc. d/b/a Moda
169 Madison Ave, Ste 2054
New York, NY 10016
United States
[email protected]