MODAPAYA LLC Buyer Policies

Introduction

Welcome to MODAPAYA LLC ("MODAPAYA," "we," "us," "our"). This document, along with the policies referenced herein, constitutes the legally binding terms and conditions (collectively, the "Buyer Policies" or "Terms") that govern your access to and use of the MODAPAYA online marketplace platform, including our websites, mobile applications, and related services (collectively, the "Services"), as a buyer ("Buyer," "you," "your").

These Buyer Policies outline your rights and responsibilities when using MODAPAYA to discover, interact with sellers ("Sellers"), and purchase goods. It is essential that you read these policies carefully before using our Services. By accessing, browsing, registering for, or otherwise using any part of the MODAPAYA Services, you acknowledge that you have read, understood, and agree to be bound by these Buyer Policies, the overall MODAPAYA Terms of Use (if separate), the MODAPAYA Privacy Policy, and all other policies incorporated by reference.¹ If you do not agree to these Terms, you must cease using the Services immediately.

MODAPAYA LLC is an online marketplace platform based in Texas, USA, operating primarily under Texas law, while serving users across the United States. We reserve the right to update these Buyer Policies from time to time. We will notify you of material changes through reasonable means, such as by posting the updated policies on our website or sending an email notification to your registered account. Your continued use of the Services after such changes are posted constitutes your acceptance of the revised Buyer Policies. It is important to note that significant changes, particularly those affecting data practices, require clear notification, as quietly altering policies may be considered unfair or deceptive under regulatory guidelines.³  

Section 1: MODAPAYA Buyer Agreement (Terms of Use)

1.1. Acceptance of Terms

• Mechanism of Agreement: Your use of the MODAPAYA Services signifies your binding agreement to these Buyer Policies and all incorporated documents. Actions such as creating an account, clicking an "I Agree" button or checkbox during registration or checkout, or simply continuing to browse or use the platform constitute your explicit acceptance of these Terms.¹ Employing methods like "clickwrap," where users must affirmatively click to agree (e.g., checking a box next to an "I Agree" statement before completing registration or checkout), provides clear evidence of user awareness and consent, strengthening the enforceability of these terms compared to simply stating that use implies agreement.⁵ This ensures users have reasonable notice and provide affirmative assent, aligning with principles of transparency and fair practice emphasized by consumer protection bodies like the Federal Trade Commission (FTC).⁴
• Consequences of Non-Agreement: If you do not agree to be bound by these Buyer Policies in their entirety, you are not authorized to access or use the Services in any manner.¹
• Updates to Terms: MODAPAYA reserves the right to modify these Buyer Policies at any time. We will provide notice of significant changes through methods such as posting updates on our website, sending notifications via email, or through in-platform alerts. The "Last Updated" date at the top of this document will indicate the latest revision date. Your continued use of the Services following the posting of changes will be deemed acceptance of those changes. We commit to providing clear notice for material changes, particularly those impacting data usage, in line with regulatory expectations.³  

1.2. Your Account with MODAPAYA

• Eligibility and Age: To use MODAPAYA Services and create an account, you must be at least 18 years old and capable of forming a legally binding contract under applicable law. By creating an account or using the Services, you represent and warrant that you meet these eligibility requirements. The Services are not intended for or directed at children under the age of 13.⁸
• COPPA Compliance: MODAPAYA does not knowingly collect personal information online from children under the age of 13. The Children's Online Privacy Protection Act (COPPA) imposes specific requirements on operators of websites and online services regarding the collection, use, and disclosure of personal information from children under 13.⁸ While MODAPAYA is not directed at children, should we gain actual knowledge that we have collected personal information from a child under 13, we will take steps to obtain verifiable parental consent or delete the information as required by COPPA.⁸ Our main Privacy Policy provides further details on our practices related to children's privacy and the procedures for parental consent verification, if applicable.¹² Failure to comply with COPPA can result in significant penalties from the FTC.⁹
• Registration: To access certain features, including making purchases, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.²⁰ Providing false or outdated information may result in account suspension or termination.
• Account Security: You are solely responsible for safeguarding your account password and for any activities or actions undertaken through your account, whether or not you have authorized them. You agree to notify MODAPAYA immediately of any unauthorized use of your account.²² MODAPAYA cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations. To enhance security, you are required to use a strong, unique password (e.g., long, complex, and not reused elsewhere) for your MODAPAYA account.²² MODAPAYA implements security measures, such as secure password storage (avoiding storage in clear text) and protection against brute force attacks (e.g., limiting login attempts).²² We strongly recommend enabling Multi-Factor Authentication (MFA) if offered, as it provides a critical additional layer of security against unauthorized access, requiring more than just a compromised password to gain entry.²³
• Account Usage: You may not use another person's account without their express permission. Account sharing is prohibited.²⁶ You are responsible for all activity conducted through your account.

1.3. Your Responsibilities as a Buyer

• General Conduct: As a Buyer on MODAPAYA, you agree to conduct yourself lawfully and respectfully in all interactions related to the Services. This includes communications with Sellers, other Buyers, and MODAPAYA support staff. You must adhere to the standards outlined in the MODAPAYA Community Policy (Section 2) and refrain from engaging in harassment, abuse, discrimination, spamming, or any other conduct that violates these Terms or applicable laws. Linking buyer conduct expectations directly to specific, detailed policies like the Community Policy provides clear standards and makes enforcement actions more justifiable and transparent.
• Compliance with Laws: You are responsible for understanding and complying with all applicable laws and regulations in connection with your use of the Services. This includes, but is not limited to, federal laws, Texas state laws such as the Texas Deceptive Trade Practices Act (DTPA) which prohibits false, misleading, or deceptive acts in commerce ²⁷ , and international laws related to purchasing, shipping, and customs, as well as U.S. economic sanctions regulations.³¹
• Purchasing Obligations: When you commit to purchasing an item on MODAPAYA, you enter into a legally binding contract with the Seller to complete the purchase by submitting payment for the item(s) ordered through MODAPAYA's approved payment methods.²⁰ Failure to complete payment without a valid reason recognized under MODAPAYA's policies (e.g., the Seller significantly changes the item description after your order, a clear typographical error is evident, or you cannot authenticate the Seller's identity) may result in account limitations or suspension.

1.4. Relationship to Other Policies

• Incorporation by Reference: These Buyer Policies are part of a larger set of terms governing the MODAPAYA platform. By agreeing to these Buyer Policies, you also agree to the terms outlined in other MODAPAYA policies that are incorporated herein by reference, including but not limited to the MODAPAYA Privacy Policy, Community Policy, Purchase Protection and Dispute Resolution Policy, Off-Platform Transactions Policy, Prohibited Items Policy, Intellectual Property Policy, and Sanctions Compliance Policy.¹ These documents collectively form the complete agreement between you and MODAPAYA regarding your use of the Services as a Buyer. Please review these linked policies, as they contain important information about your rights and obligations.

Section 2: Community and Content Policies

2.1. MODAPAYA Community Policy

• Purpose: MODAPAYA is committed to fostering a marketplace community that is safe, respectful, inclusive, and constructive for all members. This Community Policy outlines the standards of behavior expected from Buyers when interacting within the MODAPAYA ecosystem. Adherence to these guidelines helps ensure a positive experience for everyone.
• Scope: This policy applies to all Buyer-generated content and interactions within the MODAPAYA Services, including but not limited to product reviews, forum discussions, direct messages exchanged with Sellers or other users, comments on public profiles, and any other community features.
• Core Principles: We expect all Buyers to engage with others based on the following principles:
  • Respect: Treat Sellers, other Buyers, and MODAPAYA staff with courtesy and respect, even when disagreements arise. Personal attacks, insults, and hostility are unacceptable.³⁷
  • Honesty: Provide truthful and accurate information in your communications and reviews. Reviews should reflect your genuine experience with the product and Seller.²⁰
  • Helpfulness: Aim for constructive interactions. When providing feedback (e.g., in reviews), be specific and fair.³⁷
  • Safety: Do not engage in behavior that threatens, harasses, or endangers others.⁴²
• Prohibited Conduct: Engaging in the following activities is strictly prohibited on MODAPAYA and may result in enforcement action, including content removal or account suspension/termination. Providing clear prohibitions alongside positive encouragement helps set expectations effectively.³⁷  

• Reviews and Ratings: Product reviews are a valuable part of the MODAPAYA community. To maintain their integrity, reviews must:
  • Be based on a genuine purchase experience with the specific Seller and item.
  • Be truthful, accurate, and constructive. Focus on the product and your experience with it.
  • Be relevant to the item and the Seller's service related to that transaction.
  • Comply with all Community Policy rules (no hate speech, harassment, spam, private information, etc.).
  • Not be manipulated. This includes posting reviews in exchange for compensation (money, free items, discounts) outside of any official MODAPAYA programs, posting retaliatory reviews, or artificially inflating/deflating ratings.²⁰
• Messaging: The MODAPAYA messaging system is intended for communication directly related to inquiries about items or transactions on the platform. Buyers must:
  • Use messaging for legitimate, transaction-related purposes (e.g., asking questions about an item before purchase, clarifying order details, coordinating returns).
  • Maintain a respectful and professional tone.
  • Refrain from sending spam, harassment, or messages violating any Community Policy rules.³⁷
  • Not use messaging to solicit or agree to off-platform communications or transactions, as outlined in the Off-Platform Transactions Policy.²⁶
• Reporting Violations: If you encounter content or behavior that violates this Community Policy, please report it to MODAPAYA using the designated reporting tools (e.g., a "Report" link on reviews or messages) or by contacting Customer Support. Reports are typically treated confidentially and help us maintain a safe environment.³⁸  

2.2. Content Moderation Policy

• MODAPAYA's Right to Moderate: MODAPAYA reserves the right, at its sole discretion, to monitor, review, screen, edit, or remove any Buyer-generated content (such as reviews, forum posts, messages, profile information) that violates these Buyer Policies, including the Community Policy, or is otherwise deemed inappropriate, harmful, or inconsistent with the values of the MODAPAYA platform. However, MODAPAYA does not undertake an obligation to monitor all content.⁴³ Transparency regarding moderation practices helps manage user expectations.
• Moderation Methods: Content moderation may involve a combination of methods, including automated filtering tools designed to detect prohibited content (e.g., spam, certain keywords), review by human moderators, and investigation based on reports received from users.
• Enforcement Actions: Violations of the Community Policy or other terms may result in various enforcement actions, depending on the severity and frequency of the violation. Potential actions include, but are not limited to:
  • Removal or editing of the offending content.
  • Issuing a formal warning to the Buyer.
  • Temporary suspension of account privileges (e.g., ability to post reviews or send messages).
  • Permanent suspension or termination of the Buyer's account.³⁷ Enforcement decisions are linked to specific policy violations, ensuring a clear basis for action.
• Transparency and Appeals: MODAPAYA strives to enforce its policies consistently and fairly. When content is removed or an account action is taken due to a policy violation, we will generally attempt to notify the affected Buyer, explaining the reason for the action, unless doing so would impede an investigation or pose a legal or safety risk. Buyers may have the opportunity to appeal certain moderation decisions through a designated process, which will be communicated if applicable.⁴¹ This commitment to transparency and potential recourse helps ensure procedural fairness.

2.3. Discrimination and Hateful Content Policy

• Zero Tolerance Stance: MODAPAYA maintains a strict zero-tolerance policy against discrimination and hateful content or conduct. We are committed to providing an inclusive and welcoming environment for all users, regardless of their background or identity. Any form of discrimination or expression of hate is expressly prohibited on the platform.⁴³ Linking this rule explicitly to legal compliance and broader societal values reinforces its importance.⁴²
• Definitions: Discrimination involves treating individuals unfairly based on characteristics such as race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected status. Hateful content includes any communication that promotes violence, hatred, degradation, or dehumanization of individuals or groups based on these characteristics.⁴²
• Buyer Responsibility: Buyers are explicitly prohibited from engaging in discriminatory behavior towards Sellers or other users in any interaction on the platform (including messages and reviews). Buyers must not post reviews, comments, or other content that contains hateful language or promotes discrimination.⁴³
• Reporting: Violations of the Discrimination and Hateful Content Policy should be reported immediately through MODAPAYA's reporting channels. All reports will be taken seriously and investigated promptly.

Section 3: Transaction and Platform Integrity Policies

3.1. Purchase Protection and Dispute Resolution Policy (Buyer Side)

MODAPAYA provides a dispute resolution system to help Buyers and Sellers resolve issues that may arise with orders placed through the platform. While MODAPAYA facilitates this process, unless explicitly stated as part of a specific "Purchase Protection Program," MODAPAYA does not guarantee transactions. Clear procedures and timelines are essential for managing expectations and ensuring efficient resolution.⁴⁶  

• Eligibility: To be eligible to open a dispute ("case") through MODAPAYA's system, the following conditions must generally be met:
  • The transaction must have been completed using MODAPAYA's designated checkout process and payment system. Transactions conducted off-platform are ineligible.²⁶
  • The case must be opened within a specific timeframe (e.g., 90 days from the original estimated delivery date or transaction date, whichever is later – specify exact timeframe).
  • The Buyer must have first attempted to resolve the issue directly with the Seller via MODAPAYA's messaging system.⁴⁶
• Covered Issues: The primary issues covered by the dispute system are typically:
  • Item Not Received (INR): The Buyer paid for an item but did not receive it.
  • Item Significantly Not As Described (SNAD): The item received is materially different from the Seller's listing description. This may include receiving the wrong item, undisclosed damage or defects, incorrect quantity, counterfeit items, or significant misrepresentation of condition or features.⁴⁶ Normal wear for vintage items or minor color variations may not qualify unless explicitly misrepresented.
• Dispute Process Overview:

• Buyer's First Step: Before opening a formal case, you must contact the Seller directly through MODAPAYA's messaging system to attempt to resolve the issue. Allow the Seller a reasonable time (e.g., 48 hours) to respond.⁴⁶ Keep communication within the platform, as these logs may be reviewed if a case is opened.
• Opening a Case: If you cannot resolve the issue directly with the Seller within the specified timeframe, you can open a case via your MODAPAYA account dashboard. You will need to provide the order number, a clear description of the problem, any supporting evidence (e.g., photos of damage for SNAD claims), and details of your communication with the Seller.⁴⁶ Cases must be opened within the eligibility window.
• MODAPAYA's Role: Once a case is opened, MODAPAYA will typically review the information provided by both the Buyer and the Seller, including communication logs and evidence submitted. MODAPAYA acts as a neutral facilitator or mediator to help reach a resolution based on platform policies.⁴⁶ MODAPAYA may request additional information from either party.
• Possible Outcomes: Based on the review, possible outcomes include:
  • The Seller resolves the issue directly (e.g., ships replacement, issues refund).
  • MODAPAYA determines the resolution (e.g., requires the Buyer to return the item for a refund, issues a refund covered by a protection program, closes the case if the claim is not substantiated). Resolution timelines vary but MODAPAYA aims to facilitate resolution promptly.⁴⁶
• Returns: If a return is required as part of the resolution, Buyers must typically ship the item back to the Seller using a tracked shipping method within a specified timeframe. Refund issuance may be contingent upon the Seller receiving the returned item in the condition agreed upon. Return shipping cost responsibility may depend on the reason for the return and Seller policies, subject to MODAPAYA's overarching policies.⁴⁶
• Appeals: If you disagree with the outcome of a case decision made by MODAPAYA, you may have the option to appeal within a specific timeframe (e.g., 30 days). Information on the appeal process, if available, will be provided with the case resolution.⁵⁰ Appeal decisions are typically final.
• Chargebacks: Initiating a chargeback with your credit card company or payment provider (e.g., PayPal) for a transaction under dispute may impact or terminate the MODAPAYA case process. Chargebacks are governed by the rules of the respective payment network, not MODAPAYA.⁴⁶ We encourage using MODAPAYA's dispute system first.
• Abuse of the System: Filing fraudulent claims, making excessive unsupported claims, or otherwise abusing the dispute resolution system is a violation of these Terms and may lead to account suspension or termination.⁵⁴  

3.2. Off-Platform Transactions Policy

• Strict Prohibition: To protect the safety and security of our community and ensure access to platform protections like the dispute resolution system, all communications and transactions related to purchases initiated on MODAPAYA must be conducted entirely through the MODAPAYA platform. Soliciting, encouraging, offering, or agreeing to complete any part of a transaction (including payment or communication) outside of MODAPAYA's designated systems is strictly prohibited for both Buyers and Sellers.²⁶
• Rationale: Conducting transactions off-platform removes the safeguards MODAPAYA provides. It prevents access to our secure payment processing, eliminates eligibility for any purchase protection programs, hinders our ability to mediate disputes effectively, significantly increases the risk of scams and fraud for both parties, and circumvents the fees necessary to operate and maintain the MODAPAYA platform.²⁶ Framing this policy around user safety and the loss of protection provides a compelling reason for compliance beyond simple rule enforcement.
• Examples of Violations: Prohibited actions include, but are not limited to:
  • Sharing or requesting contact information (email addresses, phone numbers, social media handles) within MODAPAYA messages for the purpose of communicating or transacting outside the platform.²⁶
  • Including links or QR codes in messages or profiles that direct users to external payment sites or communication channels.²⁶
  • Making or accepting offers to pay or be paid directly via methods not integrated into MODAPAYA's checkout (e.g., direct bank transfer, external payment apps, cash, checks).⁵⁶
  • Discussing or agreeing to move a transaction initiated on MODAPAYA to another venue or platform.
• Consequences: Violations of the Off-Platform Transactions Policy are taken seriously and may result in immediate consequences, including warnings, temporary or permanent suspension of messaging privileges, or termination of the accounts involved (both Buyer and Seller).⁴⁵
• Reporting: If a Seller or another user attempts to solicit an off-platform transaction or communication, please report it to MODAPAYA immediately through our reporting channels.

3.3. Sanctions Compliance Policy (Buyer Context)

• Buyer Responsibility: As a user of the MODAPAYA platform, you are responsible for ensuring that your purchasing activities comply with all applicable United States economic sanctions and trade restrictions. These regulations are primarily administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) but may also involve other government agencies.³¹ Compliance is mandatory for all U.S. persons, including individual buyers.³¹
• Prohibited Transactions: You are prohibited from using MODAPAYA Services to engage in transactions that violate U.S. sanctions. This includes:
  • Purchasing items if you are located in a country or region subject to comprehensive U.S. sanctions (e.g., Cuba, Iran, North Korea, Syria, certain regions of Ukraine).
  • Arranging for items purchased on MODAPAYA to be shipped, directly or indirectly, to such sanctioned locations.
  • Making purchases if you are, or are acting on behalf of, an individual or entity identified on OFAC's Specially Designated Nationals and Blocked Persons (SDN) List or other applicable U.S. government restricted party lists.³²
• Platform Screening: MODAPAYA is required to comply with U.S. sanctions laws and may implement measures to screen transactions and user accounts against applicable sanctions lists and restrictions. This screening is a necessary part of maintaining a compliant platform.³² These measures may result in the delay, cancellation, or blocking of certain transactions, or limitations on account access, if potential sanctions concerns are identified. Informing buyers about this possibility helps manage expectations if their transaction is impacted.
• Consequences: Any attempt to violate U.S. sanctions laws through the MODAPAYA platform, or any violation of this policy, may result in the cancellation of transactions, suspension or termination of your account, and potential reporting of the activity to relevant government authorities.⁵⁸  

Section 4: Privacy & Data Protection (Buyer Context)

MODAPAYA is committed to protecting your privacy and handling your personal information responsibly.

• 4.1. MODAPAYA Privacy Policy Reference
  • Central Document: Your privacy is important to us. The collection, use, disclosure, security, and retention of your personal information when you use MODAPAYA Services as a Buyer are governed by our comprehensive MODAPAYA Privacy Policy. We encourage you to read it carefully. You can access the full Privacy Policy here: [Link to MODAPAYA Privacy Policy].⁵ Centralizing detailed privacy information ensures consistency and easier updates.⁵
  • Key Areas Covered: Our Privacy Policy details:
    • What Information We Collect: Including information you provide (account registration, profile details, order information), information collected automatically (device information like IP address, browser type; usage data like browsing history, interactions with the site via cookies and similar technologies), and information from third parties.⁶¹
    • How We Use Information: To provide and improve Services, process transactions, personalize your experience, communicate with you, ensure security and prevent fraud, comply with legal obligations, and for analytics.²¹
    • How We Share Information: With Sellers to fulfill orders, with service providers who assist us (e.g., payment processors, shipping carriers, analytics providers), with our corporate affiliates, in response to legal requests, and as otherwise described in the Privacy Policy.¹
    • Data Security: The measures we take to protect your personal information (e.g., encryption, access controls).²²
    • Data Retention: Our principles for how long we keep your information, based on necessity for providing Services, legal obligations, and business needs.⁶⁹
    • Cookies and Tracking: Our use of cookies and similar technologies and your choices regarding them.⁶¹
  • Buyer-Seller Data Sharing: It is crucial to understand that when you purchase an item on MODAPAYA, we share necessary personal information (typically your name, shipping address, and potentially email address or phone number for shipping/order updates) with the Seller so they can fulfill your order.¹ Once a Seller receives your information for fulfillment, they become an independent data controller responsible for how they handle that information. Sellers are obligated to comply with applicable privacy laws (like GDPR, TDPSA, CCPA/CPRA) and their own privacy policies regarding the buyer data they process.¹ MODAPAYA is not responsible for a Seller's privacy practices outside of the platform or for misuse of data shared for fulfillment. If you have concerns about how a specific Seller is using your information after a purchase, you should review their shop policies or contact them directly, though MODAPAYA may assist under certain circumstances outlined in our policies. This distinction is important for managing liability and user expectations.¹
• 4.2. United States Regional Privacy Policy Reference
  • State-Specific Rights: Residents of certain U.S. states possess specific rights regarding their personal information under state privacy laws. MODAPAYA respects these rights. We provide detailed information about these rights and how to exercise them in our dedicated United States Regional Privacy Disclosures page/section, which is part of our main Privacy Policy. You can access it here:.⁴³  

  • Texas Data Privacy and Security Act (TDPSA): As MODAPAYA operates in Texas, we comply with the TDPSA (effective July 1, 2024). If you are a Texas resident (and not using the service in an employment or B2B context, and MODAPAYA does not qualify as a "small business" under the SBA definition for most TDPSA requirements ⁸⁷ ), you have rights including:

    • The right to confirm if we process your personal data and to access that data.
    • The right to correct inaccuracies in your personal data.
    • The right to delete personal data you provided or we obtained about you.
    • The right to obtain a copy of your personal data in a portable format.
    • The right to opt-out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling that produces legal or similarly significant effects.⁷⁵
    • The right to opt-in consent before we process your sensitive personal data (defined to include race/ethnicity, religion, health diagnosis, sexual orientation, citizenship/immigration status, genetic/biometric data for identification, data from a known child, and precise geolocation).⁸⁷ Note: Even small businesses under TDPSA need consent to sell sensitive data.⁸⁷
    • The requirement for specific notices if we sell sensitive or biometric data ("NOTICE: We may sell your sensitive personal data." / "NOTICE: We may sell your biometric data.").⁸⁸ Details on these rights and how Texas residents can exercise them are provided in our US Regional Privacy Disclosures. The TDPSA's broad applicability standard (not based on revenue/volume for non-small businesses) makes compliance critical for platforms operating in Texas.⁸⁹  

     

  • California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): If you are a California resident, you have rights under the CCPA/CPRA, including:
    • The right to know what personal information is collected, used, shared, or sold.
    • The right to delete personal information (subject to exceptions).
    • The right to correct inaccurate personal information.
    • The right to opt-out of the "sale" or "sharing" of personal information (where "sharing" includes disclosure for cross-context behavioral advertising).
    • The right to limit the use and disclosure of sensitive personal information (SPI).⁹⁸
    • The right to non-discrimination for exercising your privacy rights. Our US Regional Privacy Disclosures page explains these rights and provides access to mechanisms like the "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information" links or settings, as required.¹⁴
  • Other State Laws: Our US Regional Privacy Disclosures also address rights provided under other applicable state privacy laws, such as those in Colorado, Connecticut, Virginia, and Utah.¹⁰⁶
  • Exercising Your Rights: Please refer to our US Regional Privacy Disclosures page or the main Privacy Policy for detailed instructions on how to submit requests to exercise your privacy rights. Methods typically include an online webform, a toll-free telephone number, and/or a dedicated email address.⁸⁸ We will respond to verifiable requests in accordance with the timelines and requirements set by applicable law.⁷⁵  

Section 5: Optional Program Terms (If Applicable)

MODAPAYA may occasionally offer optional programs or features to Buyers. Participation in these programs is voluntary and may be subject to additional terms and conditions, which will be presented to you for acceptance before you participate. These separate terms are necessary because optional programs often involve unique functionalities, data uses, or legal considerations not covered by the general Buyer Policies.⁴³ Data collected through these programs remains subject to our main Privacy Policy unless otherwise specified in the program terms.

• 5.1. Donation Feature Terms
  • (Note: This section should only be included and fully drafted if MODAPAYA implements a charitable donation feature at checkout or elsewhere.)
  • Placeholder: If offered, terms governing participation in any "Round Up" or direct donation feature will be available here. These terms will describe how donations are calculated, processed, which charities benefit, any administrative fees, consent mechanisms, refundability, tax information disclaimers, and specific data usage related to the donation.
• 5.2. Beta Program ("MODAPAYA Insider") Terms
  • (Note: This section should only be included and fully drafted if MODAPAYA implements a beta testing program for Buyers.)
  • Placeholder: If MODAPAYA offers a beta testing program ("MODAPAYA Insider" or similar), the specific terms governing participation will be available here. These terms will cover eligibility, enrollment, the nature of beta features (e.g., pre-release, potential instability, disclaimers of warranty), confidentiality obligations, feedback submission and usage rights, any specific data collection practices for the beta program, and terms for termination of participation.⁴³  

Section 6: General Legal Provisions

These provisions govern the legal relationship between you (the Buyer) and MODAPAYA LLC.

• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODAPAYA LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MODAPAYA'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID MODAPAYA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.³⁴  

• Indemnification: You agree to defend, indemnify, and hold harmless MODAPAYA LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Buyer Policies, your misuse of the Services, your violation of any law or the rights of a third party (including Sellers), or any liability incurred due to your actions as an independent or joint data controller of personal information obtained through the Services.¹  

• Dispute Resolution (MODAPAYA vs. Buyer):

  • Governing Law: These Buyer Policies and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.³⁵ Specifying Texas law provides legal certainty for the platform.
  • Binding Arbitration: YOU AND MODAPAYA LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT: (I) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND (II) TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.¹ Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by this "Dispute Resolution" section. The arbitration will be conducted in Travis County, Texas, unless you and MODAPAYA agree otherwise.
  • Class Action and Jury Trial Waiver: YOU AND MODAPAYA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND MODAPAYA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND MODAPAYA LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.¹
  • Arbitration Opt-Out: You have the right to opt out of this agreement to arbitrate. If you do not wish to be bound by the arbitration and class action waiver provisions in this section, you must notify MODAPAYA in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to MODAPAYA LLC at the address provided in the Contact Information section below. Your notice must include your name, address, the email address associated with your MODAPAYA account, and a clear statement that you wish to opt out of this arbitration agreement. Providing a clear opt-out mechanism enhances the fairness and enforceability of the arbitration clause.¹  

• Modifications to Service: MODAPAYA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MODAPAYA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

• Termination: MODAPAYA may, in its sole discretion, suspend or terminate your account and access to the Services immediately and without prior notice if you breach any of these Buyer Policies, engage in illegal or fraudulent activity, pose a risk to the platform or other users, or for extended periods of inactivity.³⁶ Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).

• Notices: MODAPAYA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means now known or hereafter developed. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

• Severability: If any provision of these Buyer Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

• Entire Agreement: These Buyer Policies, together with the MODAPAYA Privacy Policy, the overall Terms of Use (if separate), and any other legal notices or policies published by MODAPAYA on the Services, shall constitute the entire agreement between you and MODAPAYA concerning the Services as a Buyer.

• Contact Information: For any questions about these Buyer Policies or for legal notices, please contact MODAPAYA LLC at:

  MODAPAYA LLC

  Email: contact@modapaya.com