MODAPAYA LLC Platform Policies

Effective Date: [Date]

Preamble

This document, together with the policies incorporated herein by reference, constitutes the governing policies (collectively, the "Policies") for the online marketplace platform and associated services (collectively, the "Platform" or "Services") provided by MODAPAYA LLC, a Texas limited liability company ("MODAPAYA," "we," "us," or "our").

By accessing or using the Services, you ("User," "you," or "your") agree to be bound by these Policies. These Policies form a legally binding contract between you and MODAPAYA. If you do not agree to these Policies, you must not access or use the Services.

Definitions:

• User: Any individual or entity accessing or using the Services, including Buyers and Sellers.
• Buyer: A User who browses, searches for, or purchases items through the Services.
• Seller: A User who lists, offers for sale, or sells items through the Services.
• Content: Any text, images, videos, audio, information, or other materials uploaded, posted, submitted, or made available by Users on the Platform.

Use of the Services constitutes acceptance of all applicable policies referenced herein. Please review all relevant documents carefully.

1. MODAPAYA LLC Terms of Service (ToS)

1.1. Acceptance of Terms

Accessing, browsing, or utilizing any part of the MODAPAYA Services signifies your unconditional agreement to be legally bound by these Terms of Service ("ToS") and all policies incorporated herein by reference, including but not limited to the MODAPAYA Privacy Policy, Community Policy, Intellectual Property Policy, Fees & Payments Policy, Prohibited Items Policy, and any other policies promulgated by MODAPAYA from time to time.¹ These ToS constitute a binding legal contract between you and MODAPAYA LLC, a limited liability company organized under the laws of the State of Texas.¹

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: Section 1.11 of these ToS contains provisions governing how claims you and MODAPAYA have against each other are resolved, including, without limitation, a mandatory Arbitration Agreement and Class Action Waiver applicable to Users in the United States, North America, and South America. By agreeing to these ToS, you agree to resolve all disputes with MODAPAYA through binding individual arbitration, meaning that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions, except for the limited exceptions outlined in Section 1.11.¹

If you do not agree to these ToS and all incorporated policies, you are not permitted to use the Services in any manner.¹ Continued use of the Services following any modification to these ToS (as described in Section 1.13) constitutes acceptance of the revised terms.

1.2. Platform Role and Relationship

MODAPAYA provides an online venue that connects Buyers and Sellers, facilitating the discovery, purchase, and sale of goods.³ MODAPAYA acts solely as a facilitator and is not directly involved in the transaction between Buyers and Sellers, except for providing the Platform technology and processing payments through designated third-party processors or its integrated payment system (as detailed in the Fees & Payments Policy).³

Unless explicitly stated otherwise for specific services offered directly by MODAPAYA, MODAPAYA is not the seller of record for items sold by third-party Sellers on the Platform.⁸ Sellers operating on the MODAPAYA Platform are independent third parties, solely responsible for their own shop operations, policies (e.g., shipping, returns), listings, inventory management, customer service, and compliance with all applicable laws and regulations.⁷ MODAPAYA does not manufacture goods, hold inventory, or ship items on behalf of Sellers.⁷ MODAPAYA does not endorse any User, Seller, or item listed on the Platform and does not guarantee the quality, safety, legality, or accuracy of any listing or User Content.

1.3. User Accounts

To access certain features of the Services, including buying or selling, you must register for an account with MODAPAYA.

• Eligibility: You must be at least 18 years old and have the legal capacity to enter into binding contracts to register for an account and use the Services. Use of the Services by individuals under the age of 13 is strictly prohibited in compliance with the Children's Online Privacy Protection Act (COPPA) and further detailed in our Privacy Policy.⁹
• Account Information: 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.¹ Providing false or misleading 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 under your account, whether or not you have authorized such activities or actions. You must notify MODAPAYA immediately of any unauthorized use of your account.¹⁹ Implementing strong, unique passwords and enabling multi-factor authentication, if available, is strongly recommended.
• Account Transfer: User accounts are not transferable or assignable.

1.4. Buyer and Seller Obligations

All Users agree to comply with these ToS and all applicable MODAPAYA policies. Specific obligations for Buyers and Sellers are further detailed in separate policies, which are incorporated herein by reference.¹

• Buyer Obligations: Buyers agree to timely pay for items purchased, provide accurate shipping information, comply with the Community Policy in all interactions, and understand and adhere to Seller's shop policies regarding returns, exchanges, and cancellations, as well as MODAPAYA's overarching policies.¹ Buyers are also responsible for paying any applicable taxes or customs fees.
• Seller Obligations: Sellers agree to accurately describe items listed for sale, fulfill orders promptly and professionally, clearly define and honor their shop policies (consistent with MODAPAYA's minimum standards), manage inventory effectively, comply with all applicable federal, state (including the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) ²⁶ and the Texas Data Privacy and Security Act (TDPSA) ³³), and local laws and regulations (including providing necessary information for INFORM Consumers Act compliance ⁴⁷), pay applicable fees as detailed in the Fees & Payments Policy ²², respect intellectual property rights as outlined in the Intellectual Property Policy ⁷, provide high-quality customer service, and adhere to the Community Policy.¹ Sellers are responsible for collecting and remitting sales tax where required by law, unless MODAPAYA explicitly assumes this responsibility as a marketplace facilitator under Texas law.⁵⁷

1.5. Fees and Payments

Use of certain MODAPAYA Services, particularly for Sellers, is subject to fees. All applicable fees, including listing fees, transaction fees, payment processing fees, advertising fees, and fees for optional services, are detailed in the MODAPAYA Fees & Payments Policy, which is incorporated herein by reference.

Users are responsible for paying all fees and applicable taxes associated with their use of the Services in a timely manner.³ MODAPAYA facilitates payments between Buyers and Sellers through integrated payment processing services, potentially utilizing third-party processors such as Stripe or PayPal.⁵⁹ By using these payment services, you agree to the terms and conditions of the relevant payment processor. MODAPAYA reserves the right to change its fees and payment policies upon reasonable notice, typically posted on the Platform or communicated via email.

1.6. Content and Intellectual Property

Users are solely responsible for the Content they post or submit to the Platform, including listings, descriptions, photos, videos, reviews, and messages.¹ You represent and warrant that you have all necessary rights to the Content you provide and that its use on the Platform does not violate any third-party rights or applicable laws.

By posting Content on MODAPAYA, you grant MODAPAYA a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote MODAPAYA, your shop, or the Services in general, in any formats and through any channels.¹

MODAPAYA respects intellectual property rights and expects its Users to do the same. The MODAPAYA Intellectual Property Policy details the procedures for reporting infringement (including DMCA notice-and-takedown for copyright claims) and the consequences of infringement.⁷

All MODAPAYA trademarks, service marks, logos, trade names, software, website design, and other proprietary materials are the exclusive property of MODAPAYA LLC.⁵ You may not use MODAPAYA's intellectual property without prior written permission.

1.7. Prohibited Conduct

All Users must use the Services in a lawful manner and in accordance with these ToS and all incorporated policies. You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, federal, or international law or regulation.
• Infringing upon or violating the intellectual property rights or any other rights of MODAPAYA or any third party.
• Posting Content or listing items that violate the MODAPAYA Community Policy, Discrimination and Hateful Content Policy, or Prohibited Items Policy.²²
• Engaging in any fraudulent, deceptive, or misleading conduct, including practices prohibited under the Texas DTPA.²⁶
• Harassing, abusing, threatening, stalking, or defaming any other User or MODAPAYA staff.
• Posting spam, unsolicited promotions, or irrelevant content in community spaces or through messaging.
• Interfering with, disrupting, or attempting to gain unauthorized access to the Services, MODAPAYA's systems, or other User accounts (e.g., through hacking, password mining, use of bots or scrapers beyond authorized API use). ⁵
• Circumventing MODAPAYA's policies or systems, including attempting to conduct transactions initiated on the Platform off-platform, as detailed in the Off-Platform Transactions Policy.⁷⁰³
• Using the Platform for any purpose other than its intended use as an online marketplace.

Violation of these rules may result in enforcement actions as described in Section 1.8 and the Content Moderation Policy.

1.8. Termination

• Termination by User: You may terminate your account with MODAPAYA at any time through your account settings. Termination does not relieve you of any outstanding obligations (e.g., fulfilling orders, paying fees).
• Termination by MODAPAYA: MODAPAYA reserves the right, in its sole discretion, to suspend or terminate your account and access to the Services, without prior notice, for any reason, including but not limited to:
  • Breach of these ToS or any incorporated policies.⁵
  • Engaging in illegal, fraudulent, or harmful activities.
  • Failure to pay fees owed.
  • Providing false or misleading account information.
  • Violation of community standards or prohibited items rules.
  • Actions that harm the integrity or reputation of the Platform or its Users.
  • Extended periods of inactivity.
• Consequences of Termination: Upon termination, your right to use the Services ceases immediately. Your account and associated Content (listings, profile) may be removed or disabled. MODAPAYA may retain certain information as necessary for legal compliance, fraud prevention, dispute resolution, and as outlined in the Privacy Policy and Data Retention schedule.
• Survival: Provisions of these ToS that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

1.9. Disclaimers and Limitation of Liability

• Disclaimer of Warranties: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MODAPAYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODAPAYA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.⁵ MODAPAYA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODAPAYA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MODAPAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) 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; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY DISPUTES BETWEEN YOU AND ANOTHER USER. IN NO EVENT SHALL MODAPAYA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO MODAPAYA IN FEES FOR THE PAST TWELVE MONTHS.³ Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

1.10. 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 ToS or your use of the Services, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these ToS, your violation of any law or the rights of a third party, or any dispute between you and another User.¹ This includes, specifically for Sellers, indemnification for expenses incurred by MODAPAYA due to the Seller's actions as a data controller or joint data controller of buyer personal information, as further described in the Privacy Policy.¹

1.11. Disputes with MODAPAYA

• Governing Law: These ToS and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule, and applicable United States federal law.²⁵
• Informal Resolution: Before filing a formal claim against MODAPAYA, you agree to try to resolve the dispute informally by contacting MODAPAYA through [Designated Contact Method, e.g., legal@modapaya.com]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or MODAPAYA may bring a formal proceeding.
• Arbitration Agreement (Applicable to Users in the United States, North America, and South America):
  • Agreement to Arbitrate: You and MODAPAYA agree that any dispute, claim, or controversy arising out of or relating to these ToS 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
  • Waiver of Jury Trial and Class Action: YOU AND MODAPAYA ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and MODAPAYA otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.¹
  • Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
  • Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
  • Arbitration Location and Procedure: Unless you and MODAPAYA otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MODAPAYA submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
  • Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
  • Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
  • Opt-Out: You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to [MODAPAYA Opt-Out Address/Email] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your MODAPAYA username (if any), the email address you used to set up your MODAPAYA account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other parts of these ToS will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. ¹
• Dispute Resolution for Users Outside North/South America: For Users residing outside of North America and South America, any Dispute arising from or relating to the subject matter of these ToS shall be finally settled by the courts of ¹, applying [Governing Law, e.g., Irish law].

1.12. Handling Regulatory Orders and Requests for Information

MODAPAYA is committed to complying with valid legal processes while protecting user privacy. This section outlines how MODAPAYA handles requests for user information from law enforcement and other government agencies.

• Legal Basis for Disclosure: MODAPAYA will disclose user information, which may include account details (name, email, phone number, registration IP, billing information), transaction history, IP logs, device information, and potentially the content of communications hosted on the platform, only when legally compelled to do so or in specific emergency situations.⁷¹ This typically requires:

  • A valid subpoena issued by a court or authorized government agency for basic subscriber information (as defined under 18 U.S.C. § 2703(c)(2)).⁷¹
  • A court order issued under 18 U.S.C. § 2703(d) (a "(d) order") based on specific and articulable facts showing reasonable grounds to believe the information is relevant and material to an ongoing criminal investigation, for non-content records beyond basic subscriber information.⁷¹ Note: MODAPAYA will not disclose communication content or precise location data under a (d) order.⁷¹
  • A search warrant issued upon a showing of probable cause by a court of competent jurisdiction for the contents of communications (e.g., messages between users) and location data.⁷¹
  • A valid request under an applicable Mutual Legal Assistance Treaty (MLAT) or letters rogatory process for requests originating from outside the United States.⁷²

• Process for Law Enforcement: Law enforcement agencies seeking user information must submit their requests through MODAPAYA's designated channel:. Requests must:
  • Be addressed to MODAPAYA LLC, [Legal Address].
  • Be issued by an authorized law enforcement or government entity and submitted via an official email domain.⁷¹
  • Clearly identify the legal authority under which the request is made (e.g., subpoena, court order, warrant).
  • Provide the name, badge/ID number, agency, and direct contact information (official email and phone number) of the responsible agent or officer.⁷¹
  • Specify the user account(s) with as much identifying information as possible (e.g., username, email address, phone number, relevant order IDs).⁷¹ Names alone may be insufficient.⁷¹
  • State with particularity the categories of information sought and the relevant date range.⁷²
  • Provide a required response date, allowing reasonable time for processing (e.g., at least 14 days).⁷¹

• User Notification: MODAPAYA's policy is to notify users when we receive a legal request for their information before disclosure, allowing them an opportunity to seek legal recourse, unless we are legally prohibited from doing so.⁷¹ Legal prohibitions may include:

  • A non-disclosure order issued by a court (e.g., under 18 U.S.C. § 2705(b)).
  • Language within the legal process itself prohibiting notice.
  • Other applicable laws or statutes barring notice.
  • Situations where MODAPAYA, in its sole discretion, believes that providing notice would create a risk of death or serious physical injury, facilitate illegal conduct, or jeopardize an investigation.⁷² Law enforcement must clearly indicate any legal basis prohibiting user notice in their request.⁷¹ MODAPAYA may challenge non-disclosure orders that appear overly broad or indefinite.⁷¹

• Data Preservation: MODAPAYA will preserve user account records upon receipt of a formal request from U.S. law enforcement pursuant to 18 U.S.C. § 2703(f).⁷¹ Preservation requests must be submitted through the designated channel, be dated, and specifically identify the account(s) and information to be preserved. MODAPAYA will typically preserve the specified information for 90 days, and will extend the preservation for an additional 90 days upon receipt of a formal request for extension.⁷¹ Preservation requests do not compel disclosure; separate legal process (subpoena, court order, warrant) is required for MODAPAYA to disclose the preserved information. MODAPAYA does not notify users of preservation requests.⁷¹

• Emergency Disclosure Requests: In emergency situations involving imminent danger of death or serious physical injury to any person, MODAPAYA may voluntarily disclose limited user information necessary to prevent the harm, consistent with 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4).⁷¹ Law enforcement submitting an emergency request must:

  • Use the designated channel with a clear subject line (e.g., "Emergency Disclosure Request").⁷²
  • Certify that the request relates to an imminent emergency involving danger of death or serious physical injury requiring disclosure without delay.⁷¹
  • Certify that they are unable to obtain legal process in time.⁷¹
  • Provide all available details about the emergency and the specific information needed. Disclosure will be limited to the information MODAPAYA believes in good faith is necessary to address the emergency. A subsequent legal process (e.g., search warrant) may be required for ongoing access or additional information.⁷³

• International Requests: Requests from law enforcement agencies outside the United States must generally be processed through established legal channels such as a Mutual Legal Assistance Treaty (MLAT) or letters rogatory, submitted via the U.S. Department of Justice.⁷²
• Cost Reimbursement: MODAPAYA reserves the right to seek reimbursement for costs incurred in responding to requests for information, as permitted by law (e.g., 18 U.S.C. § 2706).⁷³ Fees will not typically be sought in emergency situations or cases involving harm to children.⁷³
• Rejection of Invalid Requests: MODAPAYA reserves the right to object to or reject requests that are not legally valid, are overbroad, vague, unduly burdensome, procedurally deficient, or seek information protected by privilege or other legal doctrines.⁷¹

1.13. Modifications to Terms

MODAPAYA reserves the right, at its sole discretion, to modify or replace these ToS and any incorporated policies at any time. If a revision is material, MODAPAYA will provide reasonable notice prior to the new terms taking effect, which may include posting a notification on the Platform or sending an email to the address associated with your account.²⁵ What constitutes a material change will be determined at MODAPAYA's sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.²⁵ It is your responsibility to review these ToS periodically for changes. The "Effective Date" at the top of these ToS indicates when the latest modifications were made.

1.14. General Provisions

• Severability: If any provision of these ToS is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.
• No Waiver: MODAPAYA's failure to enforce any right or provision of these ToS will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these ToS, by operation of law or otherwise, without MODAPAYA's prior written consent. Any attempt by you to assign or transfer these ToS, without such consent, will be null and void. MODAPAYA may assign or transfer these ToS, at its sole discretion, without restriction. Subject to the foregoing, these ToS will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• Entire Agreement: These ToS, together with the Privacy Policy and any other policies or agreements explicitly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between MODAPAYA and you regarding the Services, and these ToS supersede and replace any and all prior oral or written understandings or agreements between MODAPAYA and you regarding the Services.
• Contact Information: If you have any questions about these ToS, please contact MODAPAYA LLC at: [Provide Legal Contact Address and Email, e.g., legal@modapaya.com].⁵

2. MODAPAYA LLC Community and Content Policies

These policies outline the standards for conduct and content expected from all Users on the MODAPAYA Platform. They are designed to ensure a safe, respectful, legal, and trustworthy environment. Violations may lead to actions described in the Content Moderation Policy (Section 2.4).

2.1. Community Policy

• Purpose: This Community Policy aims to cultivate a positive, inclusive, and constructive environment where all MODAPAYA Users – Buyers, Sellers, and visitors – feel safe and respected while interacting on the Platform, including in forums, messaging, reviews, and other community spaces.
• Core Values: Our community is built on the values of Respect, Safety, Inclusivity, Transparency, and Collaboration. All interactions should reflect these principles.
• Expected Conduct (Do's):
  • Be Respectful: Treat all Users with courtesy and respect, even when disagreeing. Engage in civil discourse and avoid personal attacks, insults, or hostility.⁷⁹ Assume good intent.⁸¹
  • Be Constructive: Offer helpful and constructive feedback. Share knowledge and experiences relevant to the MODAPAYA marketplace to help others.⁷⁹
  • Respect Privacy: Do not share personal or private information about yourself or others without explicit consent. This includes names, addresses, phone numbers, email addresses, order details, or private messages.⁷⁹ Doxxing is strictly prohibited.⁸⁰
  • Stay Relevant: Keep discussions and content relevant to MODAPAYA, its products, or the specific topic of a forum or thread. Use designated off-topic areas if provided.⁷⁹
  • Give Credit: When sharing content (images, text) created by others, provide proper attribution or credit the original source.⁸⁰ Ensure you have the right to share the content (see Intellectual Property Policy).
• Prohibited Conduct (Don'ts):
  • Harassment and Bullying: Engaging in harassment, bullying, threats, intimidation, stalking, or personal attacks against any User or MODAPAYA staff is strictly prohibited.⁷⁹
  • Hate Speech and Discrimination: Posting content or engaging in conduct that promotes discrimination, disparages, or attacks individuals or groups based on protected characteristics (see Section 2.2) is forbidden.²²
  • Spam and Unsolicited Promotion: Posting repetitive messages, excessive self-promotion, affiliate links, or unsolicited advertisements outside of designated areas is prohibited. This includes disguised selling or lead generation attempts.⁷⁹
  • Misinformation and Deception: Knowingly spreading false or misleading information, engaging in fraudulent activities, or impersonating others is not allowed.
  • Illegal Activities: Do not use the Platform to promote, plan, or engage in any illegal activities.⁸⁵
  • Explicit or Obscene Content: Posting content that is sexually explicit, graphically violent, or obscene is prohibited (subject to potential exceptions under a Mature Content Policy, if applicable, see Section 2.2 and 2.3).⁸⁵
  • Intellectual Property Infringement: Do not post content that infringes on copyrights, trademarks, or patents (see Section 3).⁸⁰
  • Off-Platform Activity: Do not attempt to move communications or transactions initiated on MODAPAYA to an off-platform venue (see Section 5.1).⁷⁰
  • Platform Interference: Do not engage in activities that disrupt the Platform's operation or harm other Users (e.g., trolling, distributing malware, scraping data inappropriately).⁸⁵
• Reporting Violations: Users are encouraged to report any content or behavior that violates this Community Policy using the reporting tools available on the Platform (e.g., a "Report" button on listings, reviews, or messages) or by contacting MODAPAYA Support at.⁷⁸ Reports will be kept confidential to the extent possible.⁸⁵
• Enforcement: Violations of the Community Policy will be addressed according to the Content Moderation Policy (Section 2.4), with consequences ranging from content removal and warnings to account suspension or permanent termination.⁷⁹

2.2. Discrimination and Hateful Content Policy

MODAPAYA is committed to maintaining an inclusive and welcoming environment for all Users, free from discrimination and hateful content or conduct. This policy applies to all aspects of the Platform, including listings, shop profiles, messages, reviews, forum posts, and any other User-generated content or interaction.

• Zero Tolerance: MODAPAYA has a zero-tolerance policy for discrimination and hateful content.²² Any content or behavior that violates this policy will be subject to enforcement actions, up to and including permanent account termination.
• Protected Characteristics: Discrimination or hateful conduct targeting individuals or groups based on the following characteristics is strictly prohibited: race, color, ethnicity, national origin, religion, religious affiliation, caste, age, sex, gender, gender identity, sexual orientation, disability, serious disease, veteran status, pregnancy, political affiliation, union membership, or any other characteristic protected under applicable federal or Texas law.⁸⁰
• Prohibited Content and Conduct: This includes, but is not limited to:
  • Hate Speech: Direct attacks, slurs, dehumanizing language, harmful stereotypes, expressions of contempt or disgust, or calls for violence, exclusion, or segregation targeting individuals or groups based on protected characteristics.⁷⁹
  • Promotion of Hate Groups: Content that promotes or supports organizations, ideologies, or movements known for hateful or discriminatory views.
  • Discriminatory Listings or Practices: Refusing service, setting different terms or conditions, or creating listings that discriminate against Users based on protected characteristics.²²
  • Harassment: Targeting individuals with abusive behavior related to their protected characteristics.
  • Hateful Imagery/Symbols: Use of symbols, images, or codes commonly associated with hate groups or discriminatory ideologies (e.g., swastikas associated with Nazism post-1933, certain Confederate flag uses intended to promote hate).⁸⁸
  • Denial of Atrocities: Content denying the occurrence of well-documented violent events or atrocities, such as the Holocaust, particularly when used to promote hate.⁸⁸
• Consideration of Context: While MODAPAYA prohibits hateful content, context may be considered in some limited cases (e.g., educational discussions about historical events, reporting on hate speech for awareness). However, the primary focus is on preventing harm and maintaining a safe environment. Content that creates a hostile environment or poses a risk to Users, regardless of intent, may be removed.⁸⁷ Platforms often adopt a cautious approach, removing content that could potentially violate policies to mitigate risks.⁹⁰
• Enforcement: Violations of this policy are subject to review and enforcement under the Content Moderation Policy (Section 2.4). MODAPAYA reserves the right to remove violating content and take appropriate action against the responsible User's account.²²

2.3. Prohibited Items Policy

Sellers are responsible for ensuring that any item they list for sale on MODAPAYA complies with all applicable laws, regulations, and MODAPAYA's policies.²² Listing prohibited items may result in listing removal, account suspension, or termination. This policy provides a non-exhaustive list of items that are prohibited or restricted on the MODAPAYA Platform.

• Goal: To ensure the safety and legality of items sold on the Platform and to maintain a marketplace aligned with MODAPAYA's values.
• Seller Responsibility: Sellers must ensure their listings comply with this policy and all relevant laws (federal, state including Texas, and local). Sellers may be required to provide documentation to verify compliance or authenticity.⁸⁸
• Prohibited Items List: The following categories of items are generally prohibited on MODAPAYA:

• Note: This list is illustrative and not exhaustive. MODAPAYA reserves the right to remove any listing deemed inappropriate, unsafe, illegal, or in violation of its policies, even if not explicitly listed here. Sellers should consult applicable laws and contact MODAPAYA Support if unsure about an item's eligibility.
• Enforcement: Violations will be handled according to the Content Moderation Policy (Section 2.4).

2.4. Content Moderation Policy

MODAPAYA employs content moderation practices to enforce its policies, maintain a safe and legal platform, and uphold community standards. This policy outlines our approach to moderation, enforcement actions, and the appeals process.

• Moderation Philosophy: We strive to balance the protection of our community from illegal and harmful content with respect for freedom of expression, where applicable.⁸⁹ Our moderation decisions are guided by our published policies (including Community Policy, Discrimination and Hateful Content Policy, Prohibited Items Policy, and Intellectual Property Policy) and applicable laws.
• Moderation Methods: MODAPAYA utilizes a combination of methods to identify potentially violating content:
  • Automated Systems: We may use technology (e.g., AI, keyword filters, image analysis) to proactively detect certain types of high-risk content, such as potential illegal items, hate speech terms, or known copyright-infringing material.
  • User Reporting: We rely on our community members to report content they believe violates our policies using the provided reporting tools.⁸⁶
  • Legal & Regulatory Notices: We respond to valid legal notices, such as DMCA takedown notices (see Section 3.2) and requests from law enforcement (see Section 1.12).
  • Human Review: Our trained moderation team reviews reported content, complex cases flagged by automated systems, and appeals to make contextual decisions based on our policies.⁹¹
• Transparency in Moderation: We are committed to transparency in our moderation processes:
  • Clear Policies: Our governing policies (Community, Prohibited Items, etc.) are published and accessible.⁹² We strive to explain the rationale behind these rules.⁹²
  • Accessible Reporting: Reporting tools are easily accessible to Users.⁹²
  • Notifications: When enforcement action is taken (e.g., content removal, account warning/suspension), we will notify the affected User, clearly stating the reason for the action and referencing the specific policy violated, unless legal or safety reasons prevent notification.⁸⁷
  • Appeal Process: We provide a clear and accessible process for appealing moderation decisions (see below).⁹¹
• Enforcement Actions: Based on the severity and frequency of violations, MODAPAYA may take one or more of the following actions:
  • Content Removal: Removing listings, reviews, comments, or other content that violates policies.⁸⁷
  • Warning: Issuing a formal warning to the User regarding the violation.⁸⁵
  • Account Limitations: Temporarily restricting account privileges (e.g., listing ability, messaging).
  • Account Suspension: Temporarily disabling the User's account.⁸⁵
  • Account Termination: Permanently closing the User's account for serious or repeated violations.⁸⁵
  • Reporting to Authorities: Reporting illegal content or activities (e.g., child exploitation material, credible threats of violence) to appropriate law enforcement agencies.⁹⁴
• Appeals Process: Users who believe a moderation decision made against their content or account was incorrect have the right to appeal.
  • Eligibility: Appeals can be submitted by the User whose content was removed or whose account was actioned.⁹¹
  • Submission: Appeals must be submitted through the designated channel within of the notification of the decision. (Note: DSA requires at least 6 months ⁹¹). The appeal should include the User's identification, details of the content/action being appealed, the date of the decision, and a clear explanation of why the User believes the decision was incorrect, providing any relevant context or evidence.⁹³
  • Review Process: Appeals will be reviewed by qualified MODAPAYA personnel (potentially different from the initial decision-maker) in a timely, non-discriminatory, diligent, and non-arbitrary manner.⁹¹ We aim to complete reviews within, though complex cases may take longer.⁹³
  • Decision Notification: The User will be notified of the appeal decision via email or platform notification. The notification will provide a reasoned explanation for the outcome.⁹¹ If required by applicable law (e.g., DSA), information about further redress options (like out-of-court dispute settlement) may be provided.⁹¹
  • Outcome: If the appeal is successful, MODAPAYA will reverse the original decision without undue delay (e.g., reinstate content, lift suspension).⁹¹ If the appeal is rejected, the original decision stands, and this typically concludes MODAPAYA's internal review process.⁹³

The interconnected nature of these policies – Community standards, rules against hateful or prohibited content, and the mechanisms for moderation and appeal – forms a critical framework. A violation, such as listing a prohibited item that also constitutes hate speech ⁸⁷, triggers multiple policy areas. Clear definitions and cross-referencing between these documents are vital for user comprehension and consistent enforcement by MODAPAYA. Failure to maintain this consistency can lead to user confusion about enforcement actions and undermine the perceived fairness of the platform.

Furthermore, transparency in content moderation is increasingly mandated by regulations like the EU's Digital Services Act ⁹¹ and is essential for maintaining user trust.⁹² Providing clear rules, explaining the rationale behind them ⁹², notifying users of specific violations, and offering a fair, accessible appeals process ⁹¹ directly addresses both regulatory requirements and user expectations. This proactive transparency mitigates the risk of public backlash from perceived arbitrary moderation and reduces potential legal challenges related to unclear or unfair enforcement practices.

Finally, effective moderation necessitates a blend of proactive and reactive measures. While platforms cannot manually review all user-generated content, relying solely on user reports ⁸⁶ allows harmful or illegal content to persist until flagged. Regulations like the DSA and UK OSA imply obligations for platforms to take proactive steps against certain high-priority illegal content.⁹⁵ Therefore, MODAPAYA must implement automated tools (e.g., AI/keyword filtering) for detecting obvious violations ⁹⁰, alongside robust user reporting mechanisms and sufficient human review resources for nuanced cases and appeals.⁹¹ This hybrid approach balances the need for scalability and efficiency with the requirements of accuracy, fairness, and legal compliance.

3. MODAPAYA LLC Intellectual Property (IP) Policy

3.1. Introduction

MODAPAYA LLC ("MODAPAYA," "we," "us") respects the intellectual property rights of others and expects users of our Platform ("Users," "you") to do the same. This Intellectual Property ("IP") Policy outlines our procedures for handling claims of copyright, trademark, and patent infringement, as well as counterfeit goods, on the MODAPAYA Platform.⁷

MODAPAYA provides a venue for independent Sellers to list and sell their goods.⁷ Sellers are responsible for ensuring the content they upload (including images, text, designs) and the items they sell do not infringe upon the IP rights of third parties.⁷ MODAPAYA does not pre-screen all content but will respond to valid notices of alleged infringement according to the procedures outlined below. This policy covers Copyright (including compliance with the Digital Millennium Copyright Act - DMCA), Trademark, Patent, and Counterfeit Products.

3.2. Copyright Policy (DMCA Compliance)

MODAPAYA complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) regarding copyright infringement claims. Copyright protects original works of authorship fixed in a tangible medium, such as photos, videos, text, designs, and artwork.

• Designated Agent: To report copyright infringement, you must submit a notice to MODAPAYA's Designated Copyright Agent. MODAPAYA's Designated Agent contact information is:
  • Name:
  • Address: [Designated Agent Mailing Address]
  • Phone: [Designated Agent Phone Number]
  • Email: [Designated Agent Email Address, e.g., dmca@modapaya.com] (Note: This agent information must also be registered with the U.S. Copyright Office to maintain DMCA safe harbor).
• Reporting Copyright Infringement (DMCA Takedown Notice): If you believe your copyrighted work has been infringed on the MODAPAYA Platform, please submit a written DMCA Takedown Notice to our Designated Agent containing all of the following information (as required by 17 U.S.C. § 512(c)(3)):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MODAPAYA to locate the material (e.g., specific URL(s) of the listings or content).
  4. Information reasonably sufficient to permit MODAPAYA to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices can be submitted via.⁷ Incomplete notices may be rejected.⁷ Knowingly misrepresenting that material is infringing may subject you to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).⁹⁸
• MODAPAYA's Takedown Procedure: Upon receipt of a compliant DMCA Takedown Notice, MODAPAYA will act expeditiously to remove or disable access to the allegedly infringing material. We will then promptly notify the User (Seller) whose material was removed, provide them with a copy of the Takedown Notice (which may include the claimant's contact information), and inform them of the process for submitting a Counter-Notice.
• Counter-Notice Procedure: If you are a User whose material was removed pursuant to a DMCA Takedown Notice and you believe the removal was a result of mistake or misidentification, you may submit a written Counter-Notice to our Designated Agent containing all of the following information (as required by 17 U.S.C. § 512(g)(3)):
  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (e.g., the original URL).
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number.
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which MODAPAYA may be found), and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person. Counter-Notices should be submitted via [Method - e.g., email to Designated Agent]. Knowingly misrepresenting that material was removed by mistake may subject you to liability.
• MODAPAYA's Counter-Notice Handling: Upon receipt of a compliant Counter-Notice, MODAPAYA will promptly provide the original claimant with a copy. We will then restore the removed material or cease disabling access to it within 10 to 14 business days following receipt of the Counter-Notice, unless our Designated Agent first receives notice from the original claimant that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on MODAPAYA's Platform.

Strict adherence to these DMCA notice-and-takedown procedures is essential. It forms the basis of MODAPAYA's eligibility for the "safe harbor" provisions under 17 U.S.C. § 512, which can shield the platform from liability for copyright infringement committed by its Users. Failure to comply with these statutory requirements, such as not having a properly registered Designated Agent or failing to act expeditiously upon receiving a valid notice, could jeopardize this crucial legal protection.

3.3. Trademark Policy

Trademarks include words, names, logos, symbols, sounds, colors, or designs that identify and distinguish the source of goods or services.⁹⁷ MODAPAYA prohibits the use of trademarks in a manner that is likely to cause confusion, mistake, or deception regarding the source, origin, sponsorship, or affiliation of goods or services.²² This includes selling counterfeit goods that bear unauthorized trademarks.

• Reporting Trademark Infringement: While the DMCA process outlined above applies only to copyright, MODAPAYA provides a separate mechanism for trademark owners to report alleged infringement. To report trademark infringement, please submit a notice to containing:
  1. Identification of the trademark(s) claimed to be infringed, including registration number(s) and jurisdiction(s).
  2. Identification of the material on MODAPAYA claimed to be infringing (e.g., specific URL(s)).
  3. Information explaining how the use is likely to cause confusion (e.g., similarity of marks, relatedness of goods/services).
  4. Your contact information (name, address, phone, email).
  5. A statement that you have a good faith belief that the use of the trademark in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the trademark owner.
• MODAPAYA's Review Process: MODAPAYA will review trademark infringement complaints based on the information provided and our policies. Unlike copyright's relatively clear standard under the DMCA, trademark infringement often involves complex legal analysis (e.g., likelihood of confusion) that MODAPAYA is not positioned to adjudicate.⁷ We may remove listings or take other action based on clear infringements or violations of our policies (like the Counterfeit Policy). However, we strongly encourage parties involved in trademark disputes to resolve them directly or through appropriate legal channels. MODAPAYA does not act as an arbiter of trademark disputes.

It is crucial to understand that the DMCA's specific notice-and-takedown procedures and associated safe harbors do not apply to trademark claims. MODAPAYA provides a reporting mechanism for trademarks as a courtesy and to enforce its own platform rules, but the legal framework and the platform's role differ significantly from copyright matters.

3.4. Patent Policy

Patents protect inventions (utility patents) or ornamental designs (design patents).⁹⁷ MODAPAYA prohibits the listing of items that infringe upon valid patents held by others.⁹⁷

• Reporting Patent Infringement: Due to the complexity of patent law, MODAPAYA requires specific information to process claims of patent infringement. Reports should be submitted to and ideally include:
  1. Identification of the patent(s) claimed to be infringed (patent number, jurisdiction).
  2. Identification of the allegedly infringing item(s) on MODAPAYA (e.g., specific URL(s)).
  3. A court order or other documentation demonstrating infringement, or a detailed explanation supported by evidence (e.g., claim charts) showing how the item infringes the patent claims.
  4. Your contact information.
  5. A statement of good faith belief and accuracy under penalty of perjury.
• MODAPAYA's Role: MODAPAYA cannot adjudicate patent disputes, which often require technical expertise and legal interpretation. We may take action, such as removing listings, based on clear evidence of infringement (like a valid court order) or potentially based on repeated, well-substantiated claims against a specific Seller. Parties involved in patent disputes are encouraged to resolve them through direct negotiation or legal proceedings.

3.5. Counterfeit Policy

The sale of counterfeit goods is strictly prohibited on MODAPAYA. Counterfeit items are inauthentic goods that illegally imitate or are represented as genuine branded products.⁹⁷

• Seller Responsibility: Sellers are responsible for the authenticity of their items and must not list counterfeits, fakes, replicas, or unauthorized reproductions.⁸⁸ Sellers may be required to provide proof of authenticity upon request.⁸⁸
• Prohibited Actions: This includes listing items that are explicitly counterfeit, using brand names or logos without authorization to mislead buyers, selling illegally replicated media, or obscuring trademarks to hide counterfeit nature.⁸⁸ Repurposed items using a brand's IP without permission may also be considered counterfeit.⁸⁸
• Reporting Counterfeits: Suspected counterfeit items can be reported through the trademark infringement reporting process (Section 3.3) or a dedicated counterfeit reporting tool.
• Enforcement: MODAPAYA takes counterfeit violations seriously. We reserve the right to remove counterfeit listings immediately, withhold payments associated with such listings, require disposal of counterfeit inventory if held by fulfillment partners, suspend or permanently terminate Seller accounts, and cooperate with brand owners and law enforcement.⁸⁸ Sellers involved in selling counterfeits may face civil and criminal penalties.⁸⁸

Addressing counterfeit goods proactively is important not only for legal compliance but also for maintaining platform trust and reputation. While reactive notice-and-takedown addresses specific reports, the scale of e-commerce often necessitates additional measures. MODAPAYA may employ proactive detection methods (e.g., monitoring for keywords, image analysis) to identify potential counterfeits, complementing the reactive reporting system.

3.6. Repeat Infringer Policy

In accordance with the DMCA (17 U.S.C. § 512(i)(1)(A)), MODAPAYA will, in appropriate circumstances, terminate the accounts of Users who are determined to be repeat infringers of copyright. MODAPAYA also reserves the right to terminate accounts of Users who repeatedly infringe other intellectual property rights (trademarks, patents) or violate the Counterfeit Policy. Repeat infringement status may be determined based on factors including, but not limited to, the number of valid infringement notices received against a User, the failure to provide valid counter-notices, court findings, or other evidence of a pattern of infringing activity.

4. MODAPAYA LLC Privacy Policy

4.1. Introduction

MODAPAYA LLC ("MODAPAYA," "we," "us," or "our") is committed to protecting the privacy of our Users (Buyers, Sellers, and visitors). This Privacy Policy explains how we collect, use, disclose, secure, and retain your personal information when you use our Platform and Services.¹⁰¹ This policy applies to all Services offered by MODAPAYA.

• Definitions:
  • Personal Data: Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This includes "personal information" as defined under the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and "personal data" under the Texas Data Privacy and Security Act (TDPSA) and the EU General Data Protection Regulation (GDPR).³⁴
  • Sensitive Personal Data: A subset of Personal Data requiring special protection and explicit consent for processing under laws like TDPSA and GDPR, and subject to limitation rights under CPRA. This includes data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status; genetic or biometric data processed for unique identification; personal data collected from a known child (under 13); and precise geolocation data (location within a radius of 1,750 feet).³⁴
  • Processing: Any operation performed on Personal Data, such as collection, use, storage, disclosure, analysis, deletion, or modification.³⁸
  • Controller: The entity that determines the purposes and means of processing Personal Data (MODAPAYA is generally the Controller for data processed for its Platform operations).
  • Processor: An entity that processes Personal Data on behalf of a Controller.
• Data Controller: The data controller for the information processed under this policy is MODAPAYA LLC,, USA. Our designated contact for privacy inquiries is [Privacy Contact Email, e.g., privacy@modapaya.com].¹⁰⁸
• Regional Policies: Users in specific jurisdictions may have additional rights or disclosures. Please refer to our.²²

4.2. Information We Collect

We collect various categories of Personal Data from and about our Users through different sources. We are committed to collecting only data that is adequate, relevant, and reasonably necessary for the purposes disclosed in this policy, adhering to data minimization principles.¹⁹

• Categories of Personal Data Collected:
  • Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, phone number, Social Security number (e.g., for seller tax purposes), driver's license number or other government-issued ID numbers (e.g., for seller verification under INFORM Act), signatures.¹⁶
  • Personal Information Categories (as listed in Cal. Civ. Code § 1798.80(e)): Includes identifiers plus financial information (e.g., bank account number for seller payouts, credit/debit card info processed by third-party payment processors), purchase history.¹²³
  • Protected Classification Characteristics: Age (for eligibility verification), gender, ethnicity (if collected, e.g., optionally or for compliance like CFPB 1071). Note: This is often Sensitive Personal Data.¹⁰¹
  • Commercial Information: Records of products or services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, items viewed or added to cart, communications between Buyers and Sellers via the Platform.¹²³
  • Internet or Other Electronic Network Activity Information: Browsing history, search history, information regarding a consumer's interaction with an internet website, application, or advertisement, log file data (IP address, browser type, ISP, timestamps, referring/exit pages), cookie data, device identifiers, operating system.¹²³
  • Geolocation Data: General location derived from IP address. Precise geolocation data (e.g., GPS coordinates from a mobile device) is only collected with your explicit opt-in consent and is considered Sensitive Personal Data.¹⁶
  • Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information: Photographs or videos uploaded by Users (e.g., profile pictures, listing images). Audio recordings of customer service calls (only with notice and consent).¹⁶ Biometric data (e.g., voiceprints, face geometry for verification) is considered Sensitive Personal Data and requires explicit consent.³⁸
  • Professional or Employment-Related Information: For Sellers: Business name, Tax ID number, information provided during onboarding or verification.¹⁰¹
  • Inferences Drawn: Profiles reflecting a User's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, created from analysis of other collected data.¹¹²
  • Sensitive Personal Information: As defined above, including racial/ethnic origin, religion, health, sexuality, citizenship/immigration status, genetic/biometric data for identification, precise geolocation, data from known children under 13, potentially account credentials.³⁴ We do not process Sensitive Personal Data unless necessary for providing the Services or required by law, and always with explicit consent where required.¹¹⁹
• Sources of Personal Data:
  • Directly from You: When you create an account, update your profile, list an item, make a purchase, fill out forms, contact customer support, respond to surveys, or otherwise directly provide information to us.¹²³ You must ensure the information you provide is true, complete, and accurate.¹¹⁹
  • Automatically Collected: When you navigate and interact with our Services, we automatically collect technical data and usage information via cookies, log files, web beacons, pixels, and similar technologies.¹²³
  • From Third Parties: We may receive information from third-party partners, such as payment processors (confirming transactions), identity verification services (for Sellers), analytics providers (e.g., Google Analytics), advertising networks, data brokers (if used), and publicly available sources. If you link a third-party account (like Google or Facebook) to your MODAPAYA account, we receive information from that service according to your permissions.¹²³

4.3. How and Why We Use Your Information (Purposes & Legal Bases)

We process your Personal Data only when we have a valid legal reason (legal basis) to do so under applicable law.¹¹⁹ We use your information for the following purposes, relying on the specified legal bases:

• To Provide and Operate the Services:
  • Purpose: Enable account creation and login, facilitate listing and discovery of items, process transactions (orders, payments, shipping), manage accounts, provide customer support, enable communication between Users, personalize user experience (e.g., recommendations, search results), maintain and improve platform functionality.¹⁰¹
  • Legal Basis: Performance of Contract (our ToS with you), Legitimate Interest (to operate and improve our business).
• For Security, Fraud Prevention, and Legal Compliance:
  • Purpose: Verify user identity (especially Sellers, including INFORM Act requirements ⁴⁷), detect and prevent fraud, abuse, spam, and policy violations, protect the security and integrity of our Platform and Users, comply with legal obligations (e.g., tax laws, OFAC sanctions screening ¹³⁰, law enforcement requests).¹³⁷
  • Legal Basis: Legitimate Interest (platform security, fraud prevention), Legal Obligation, Performance of Contract.
• To Communicate with You:
  • Purpose: Send essential service-related communications (e.g., order confirmations, policy updates, security alerts), respond to your inquiries and support requests, send marketing communications and promotions (only with your explicit consent where required).¹⁰¹
  • Legal Basis: Performance of Contract, Legitimate Interest (customer service, essential updates), Consent (for non-essential marketing).
• For Analytics and Improvement:
  • Purpose: Analyze how Users interact with the Services, understand trends, gather demographic information, conduct research, improve existing features, and develop new ones.¹⁰¹
  • Legal Basis: Legitimate Interest (to improve our Services), Consent (for non-essential analytics cookies/tracking).
• For Personalization and Advertising:
  • Purpose: Personalize your experience on the Platform (e.g., showing relevant items, search results), display interest-based advertising on MODAPAYA and potentially on third-party sites (subject to your choices and opt-out rights).¹⁰¹
  • Legal Basis: Legitimate Interest (for on-site personalization), Consent (for tracking technologies used for targeted advertising off-site). Note: You have the right to opt out of processing for targeted advertising under TDPSA and CCPA/CPRA.³³
• Processing Sensitive Personal Data:
  • Purpose: We only process Sensitive Personal Data when strictly necessary and with your explicit prior consent (required under TDPSA ³³, GDPR) or as otherwise permitted by law (e.g., for security purposes). Examples might include processing precise geolocation with consent for a specific feature, or processing biometric data with consent for identity verification.
  • Legal Basis: Consent, Legal Obligation (rarely), Vital Interests (rarely).

4.4. Sharing and Disclosure of Information

We do not sell your Personal Data in the traditional sense of exchanging it for monetary payment without your consent. However, certain sharing activities, particularly related to online advertising technologies, might be considered a "sale" or "sharing" under laws like CCPA/CPRA and TDPSA, for which you have opt-out rights (see Section 4.9). We share your information only in the following circumstances and with appropriate safeguards:

• Publicly: Certain information is public by nature, including your public profile (username, profile picture, shop name for Sellers), listings, reviews you leave, items you favorite, forum posts, and follower/following lists.¹⁰¹ Sellers' business information required by the INFORM Act (name, address, contact info for high-volume sellers meeting revenue thresholds) may also be disclosed to Buyers as legally required.⁴⁷

• Between Users: To facilitate transactions, we share necessary information between Buyers and Sellers, such as the Buyer's shipping address and name provided to the Seller for order fulfillment. Communication between users may occur through MODAPAYA's messaging system.⁵¹ We may share aggregated or anonymized insights about Buyer activity with Sellers.¹⁰¹

• With Service Providers (Processors): We engage trusted third-party companies and individuals to perform services on our behalf, such as website hosting, payment processing, data analysis, email delivery, customer service, security and fraud detection, identity verification, and shipping logistics.³⁶ These processors are contractually obligated to handle your data securely, only use it for the specific purposes we instruct, and comply with applicable privacy laws.³⁶ Examples include payment gateways (e.g., Stripe, PayPal), shipping carriers (e.g., USPS, FedEx), cloud providers (e.g., AWS), analytics tools (e.g., Google Analytics), and customer support platforms.⁵⁹

• With Third Parties for Advertising/Marketing ("Sale"/"Sharing"): With your consent or subject to your right to opt-out, we may share certain information (like cookie data, device identifiers, browsing activity) with advertising partners to show you targeted ads on other websites or platforms.¹²³ This may constitute a "sale" or "sharing" under CCPA/CPRA/TDPSA.

• For Legal Reasons: We may disclose your information if required by law, subpoena, court order, or other legal process, or if we have a good faith belief that disclosure is reasonably necessary to comply with the law, enforce our ToS, respond to claims, protect the rights, property, or safety of MODAPAYA, our Users, or the public, or prevent illegal activity.¹⁰¹ This includes responding to valid law enforcement requests as detailed in Section 1.12.

• In Case of Business Transfer: If MODAPAYA is involved in a merger, acquisition, bankruptcy, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change in control or use of your Personal Data.¹⁰¹

• With Affiliates: We may share information within the MODAPAYA corporate group (if applicable) for operational purposes like shared services, security, and analytics, consistent with this policy.¹⁰¹

• With Your Consent: We may share your information with third parties for other purposes if we have obtained your explicit consent to do so.

• Specific Disclosures (TDPSA/CCPA/CPRA):

  • We [do/do not] "sell" or "share" Personal Data as defined by CCPA/CPRA and TDPSA (clarify based on advertising practices).
  • If applicable: "NOTICE: We may sell your sensitive personal data." ³³ (Required by TDPSA if true).
  • If applicable: "NOTICE: We may sell your biometric personal data." ³³ (Required by TDPSA if true).
  • You have the right to opt out of the sale or sharing of your Personal Data and processing for targeted advertising. Please visit our to exercise these rights.³³
  • You have the right to limit the use and disclosure of your Sensitive Personal Information (under CPRA). Please visit to exercise this right.¹¹³ (Note: TDPSA requires opt-in consent for all processing of sensitive data ³³).

4.5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies (like web beacons, pixels, scripts) to operate and improve the Services, understand user activity, personalize your experience, and support our marketing efforts.¹²³

• What are Cookies? Cookies are small data files stored on your device when you visit a website.¹⁰³ They allow the site to remember your actions and preferences over time.
• Types of Cookies We Use:
  • Strictly Necessary Cookies: Essential for the Platform to function (e.g., security, login, shopping cart).⁴¹ These cannot be disabled.
  • Functional Cookies: Enable enhanced functionality and personalization (e.g., remembering preferences, language settings).⁴¹
  • Performance/Analytics Cookies: Help us understand how Users interact with the Services by collecting anonymous information (e.g., page visits, traffic sources). We use tools like Google Analytics.¹⁰³
  • Advertising/Targeting Cookies: Used by us and our advertising partners to track your browsing activity across websites to show you more relevant ads.⁴¹ This may involve "sharing" data under CCPA/CPRA/TDPSA.
• Third-Party Cookies: Some cookies are placed by third-party services we use, such as analytics providers and advertising networks.¹⁰³ Their use is governed by their own privacy policies.
• Your Choices: You can manage your cookie preferences through:
  • Our Consent Management Tool:. You can accept or reject non-essential cookies here.¹²³
  • Browser Settings: Most browsers allow you to control cookies through their settings, including blocking or deleting them. However, disabling necessary cookies may impact Platform functionality.
• Do Not Track: Our Services [do/do not] currently respond to Do Not Track signals sent by browsers.¹¹⁹ (Note: CalOPPA requires disclosure of this).
• Cookie Policy: For more detailed information, please see our [Link to Cookie Policy].²⁵

4.6. Data Security

MODAPAYA takes the security of your Personal Data seriously and implements reasonable administrative, technical, and physical safeguards designed to protect it from unauthorized access, use, disclosure, alteration, or destruction.¹⁹ Our security measures are appropriate to the volume and sensitivity of the data we process.³⁶

• Measures Include:
  • Encryption: Using industry-standard encryption protocols like TLS/SSL for data in transit and encryption (e.g., AES-256) for sensitive data at rest.¹⁹
  • Access Controls: Implementing role-based access controls and the principle of least privilege to limit internal access to Personal Data on a need-to-know basis.¹⁹ Regularly reviewing access permissions.¹⁹
  • Authentication: Requiring secure password practices (complexity, uniqueness checks against breached passwords) and implementing Multi-Factor Authentication (MFA) for accessing sensitive systems and user accounts where appropriate.¹⁹
  • Network Security: Utilizing firewalls, intrusion detection/prevention systems, and network segmentation to protect our systems.²⁰
  • Vulnerability Management: Regularly scanning for vulnerabilities, applying security patches promptly, and conducting periodic security assessments (e.g., penetration testing).²¹
  • Secure Development: Incorporating security considerations into our software development lifecycle.¹⁵³
  • Employee Training: Providing regular data security and privacy training to employees with access to Personal Data.¹²
  • Incident Response: Maintaining an incident response plan to address potential data breaches promptly and effectively.¹⁹
  • Vendor Security: Assessing the security practices of our third-party service providers and requiring contractual security obligations.¹⁵²
• Disclaimer: While we implement robust security measures, no system is impenetrable. We cannot guarantee the absolute security of your information.

The Federal Trade Commission (FTC) emphasizes "reasonable" security measures, which are context-dependent but generally align with the practices listed above.¹⁹ Failure to implement such measures can be deemed an unfair practice under Section 5 of the FTC Act.¹⁵¹

4.7. Data Retention

We retain your Personal Data only for as long as is reasonably necessary to fulfill the purposes for which it was collected, including providing the Services, complying with our legal and regulatory obligations (e.g., tax, audit, INFORM Act record-keeping), resolving disputes, enforcing our agreements, and preventing fraud and abuse.¹² This aligns with data minimization and storage limitation principles.¹¹³

• Retention Periods/Criteria: We maintain internal data retention schedules based on the type of data and the purpose of its collection. Examples include:
  • Account Information: Retained while your account is active and for a period afterward as required for legal or operational needs (e.g., [X] years).
  • Transaction Data: Retained for periods required by tax and financial regulations (e.g., typically 7 years).¹¹⁷
  • Log Data/Analytics: Retained for shorter periods necessary for analysis and security (e.g., [Y] months/years).¹²⁴
  • Content (Listings, Reviews): May be retained as part of the Platform record unless deletion is requested and feasible.
  • Communications: Retained for periods necessary for dispute resolution and platform integrity.
• Deletion: When data is no longer necessary for its collected purpose and no legal obligation requires retention, we will securely delete or anonymize it.¹¹⁷
• User Deletion Requests: We will honor User requests to delete their Personal Data, subject to legal exceptions (e.g., data needed to complete a transaction, comply with legal obligations, detect security incidents, exercise free speech, or for internal uses compatible with context).¹¹⁷ See Section 4.9 for how to make a request.
• Internal Policy: MODAPAYA maintains a written data retention policy and schedule to guide internal practices.¹²

Holding onto data longer than necessary increases risk and potential liability in case of a breach.¹⁹ The FTC views excessive data retention as a potential security risk.¹⁹

4.8. Children's Privacy (COPPA Compliance)

MODAPAYA's Services are intended for users who are 18 years of age or older. We do not direct our Services to children under the age of 13, nor do we knowingly collect Personal Data from children under 13 without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).⁹

• Age Restriction: Individuals under 18 are prohibited from creating an account or using the buying/selling features of the Platform. Individuals under 13 are strictly prohibited from using the Services in any capacity.
• No Knowing Collection: We do not knowingly collect Personal Data as defined by COPPA (including name, address, email, phone number, persistent identifiers like cookies/IP address when used for tracking, photos/videos/audio containing a child's image/voice, geolocation, etc. ¹⁶) from children under 13. The expanded definition under the amended COPPA rule also includes biometric identifiers.¹²
• Parental Consent: If we learn that we have collected Personal Data from a child under 13 without verifiable parental consent, we will take steps to delete that information promptly.¹⁶ Verifiable parental consent must be obtained before collecting, using, or disclosing personal information from children under 13, using methods reasonably designed to ensure the person consenting is the parent.¹³ Separate parental consent is required for disclosures to third parties like advertisers.¹²
• Accidental Collection: If you believe we might have collected information from a child under 13, please contact us immediately at [Privacy Contact Email].
• Minors 13-17: While users must be 18+ to create an account, we acknowledge that minors might browse the site. Under CCPA/CPRA, we require opt-in consent to sell or share the personal information of consumers aged 13-16.¹¹² Under TDPSA, personal data from a known child under 13 is considered sensitive data requiring parental consent for any processing.³⁴
• Parental Rights: Parents have the right to review the information collected from their child, request its deletion, and refuse to permit further collection or use.¹⁶ Parents can contact us at [Privacy Contact Email] to exercise these rights.
• Resources: For more information about COPPA, please visit the FTC's website.⁹

4.9. User Rights and Choices

Depending on your location and applicable law (including TDPSA, CCPA/CPRA, GDPR), you may have certain rights regarding your Personal Data. MODAPAYA is committed to facilitating the exercise of these rights.

• Summary of Potential Rights:
  • Right to Know / Access: Request confirmation of whether we process your data and access to the specific pieces and categories of Personal Data we hold, including sources, purposes, and categories of third parties shared with.³³
  • Right to Correct: Request correction of inaccurate Personal Data we hold about you.³³
  • Right to Delete: Request deletion of your Personal Data, subject to certain exceptions (e.g., legal obligations, ongoing transactions, security).³³
  • Right to Data Portability: Obtain a copy of your Personal Data in a portable, readily usable format that allows you to transmit it to another entity.³³
  • Right to Opt-Out of Sale / Sharing / Targeted Advertising / Profiling: Direct us not to "sell" or "share" your Personal Data (as defined under applicable laws) or use it for targeted advertising or certain types of profiling.³³ We recognize universal opt-out signals like the Global Privacy Control (GPC) as a valid opt-out method where technically feasible and legally required (e.g., TDPSA by Jan 1, 2025 ³³, CPRA ¹¹⁶).
  • Right to Limit Use of Sensitive Personal Information (CPRA): Request limits on our use and disclosure of your Sensitive Personal Data to specific permitted purposes.¹¹³ (Note: TDPSA requires opt-in consent for sensitive data processing ³³).
  • Right to Non-Discrimination: You will not be discriminated against for exercising your privacy rights.³³
  • Right to Withdraw Consent: Where we rely on consent for processing (e.g., marketing emails, sensitive data), you may withdraw your consent at any time.¹²³
  • Right to Appeal (TDPSA): If we deny your request, you have the right to appeal our decision.³³
• How to Exercise Your Rights: To exercise your rights, please submit a request through one of the following secure and reliable methods:
  • Online Portal/Form:
  • Email: [Privacy Contact Email]
  • Toll-Free Number (for CA residents):¹⁴¹ We must be able to verify your identity (and the authority of any agent acting on your behalf) before processing your request.¹¹⁶ We will respond to verifiable requests within 45 days, with a possible 45-day extension if reasonably necessary, upon notice to you.³³ Requests are generally free of charge, up to twice annually per consumer under TDPSA.³⁵ You do not need to create an account to exercise your rights.³⁴
• Appeal Process (TDPSA): If you wish to appeal our decision on your request, please use the same method you used to submit the request or contact [Privacy Contact Email] within of receiving our decision. We will inform you in writing of the outcome of your appeal and provide information on how to contact the Texas Attorney General if you remain unsatisfied.³³
• Authorized Agents: You may designate an authorized agent to make requests on your behalf. We will require verification of the agent's authority.⁴¹

Operationalizing these user rights is a significant undertaking. It requires not only clear policy language but also robust internal procedures and potentially specialized technology ³⁵ to manage request intake, identity verification, data mapping and retrieval across systems, secure execution of requests (access, correction, deletion, opt-out flags), and tracking for compliance within the mandated 45-day timeframe.³³ Failure to effectively manage these processes poses a substantial compliance risk under laws like TDPSA and CCPA/CPRA.

4.10. International Data Transfers

MODAPAYA is based in the United States. If you are accessing our Services from outside the U.S., please be aware that your Personal Data may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. Data protection laws in the U.S. may differ from those in your country of residence.

If we transfer Personal Data from the European Economic Area (EEA), UK, or Switzerland to other countries, including the U.S., we will ensure appropriate safeguards are in place to protect your data, such as relying on an adequacy decision (if applicable) or implementing Standard Contractual Clauses approved by relevant authorities, along with supplementary measures as needed.¹⁰³ By using our Services, you consent to the transfer of your information to the U.S. ¹²⁰ and the processing of your information globally as described in this policy.

4.11. Third-Party Links/Services

Our Services may contain links to third-party websites or services that are not owned or controlled by MODAPAYA (e.g., links in listings, integrations with third-party apps). This Privacy Policy does not apply to the practices of third parties. We are not responsible for the privacy practices or content of such third parties. We encourage you to read the privacy policies of any third-party websites or services you visit or use.¹⁰¹

4.12. Policy Updates

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors.¹⁰³ If we make material changes, we will notify you by posting the updated policy on the Platform and updating the "Effective Date" at the top, and may provide additional notice, such as via email or a platform notification, as appropriate.⁷⁷ Your continued use of the Services after the effective date of the revised policy constitutes your acceptance of the changes. We encourage you to review this Privacy Policy periodically.⁵

The FTC considers it potentially deceptive to materially change data practices (e.g., start sharing data more broadly or using it for new purposes like AI training) without providing clear, affirmative notice to consumers beyond simply updating the policy document.⁷⁷ MODAPAYA commits to providing appropriate notice and obtaining necessary consents before implementing such material changes.

4.13. Contact Information

If you have any questions, comments, or concerns about this Privacy Policy or our privacy practices, or if you wish to exercise your privacy rights, please contact us at:

MODAPAYA LLC

Attn: Privacy Office

[Full Mailing Address]

[Privacy Contact Email, e.g., privacy@modapaya.com]

⁵

5. MODAPAYA LLC Transaction and Platform Integrity Policies

These policies govern specific aspects of transactions and platform use to ensure security, fairness, legal compliance, and the overall integrity of the MODAPAYA marketplace.

5.1. Off-Platform Transactions Policy

• Purpose: To protect the safety and security of MODAPAYA Users, ensure the effectiveness of platform safeguards (like payment protection and dispute resolution systems), maintain the integrity of the marketplace feedback system, and prevent fee avoidance.⁷⁰ Transactions conducted off-platform bypass these critical protections, increasing the risk of fraud, scams, and disputes for both Buyers and Sellers.⁷⁰
• Strict Prohibition: Any attempt to initiate communication or a transaction on the MODAPAYA Platform and then complete it, partially or wholly, outside of MODAPAYA's authorized processes (including communication channels and payment systems) is strictly prohibited.²²
• Examples of Prohibited Actions: This policy forbids actions including, but not limited to:
  • Sharing or requesting direct contact information (e.g., email addresses, phone numbers, social media handles, external website links) within MODAPAYA messages, listings, or profiles for the purpose of conducting transactions offline.
  • Making offers to buy or sell an item listed on MODAPAYA through alternative channels or payment methods not integrated with the Platform.⁷⁰
  • Encouraging Buyers to purchase an item found on MODAPAYA through another venue, website, or physical location.⁷⁰
  • Using QR codes, external links, or other methods within listings or communications to redirect Users off the MODAPAYA Platform to complete a purchase or payment.⁷⁰
  • Posting listings that primarily serve as advertisements or lead generation tools directing users off-platform.
  • Altering an agreed-upon item price after a sale is initiated on MODAPAYA to facilitate partial or full payment off-platform, often to avoid transaction fees.⁷⁰
  • Misrepresenting an item's location to arrange for an off-platform transaction.
• Rationale: Completing transactions off-platform undermines the value MODAPAYA provides through secure payment processing, dispute resolution mechanisms (like potential case systems or buyer/seller protection programs), user verification, and maintaining a trusted environment.⁷⁰ It also circumvents the fee structure that supports the Platform's operation and development.
• Enforcement: Violations of the Off-Platform Transactions Policy may result in a range of enforcement actions, including warnings, listing removal, temporary or permanent suspension of account privileges, and forfeiture of fees.⁷⁸ MODAPAYA may monitor communications for attempts to circumvent this policy. Refer to the Content Moderation Policy (Section 2.4) and ToS (Section 1.8) for more details on enforcement.

The incentive for users to move transactions off-platform often stems from a desire to avoid platform fees ¹⁷¹ or perceived friction in the platform's process.¹⁷¹ Therefore, maintaining this policy requires not only clear prohibition and enforcement but also ensuring the platform provides sufficient value (trust, security, convenience, features like integrated payments or dispute resolution) to outweigh the temptation for users to circumvent it.¹⁷⁰

5.2. Sanctions Policy (OFAC Compliance)

MODAPAYA LLC is committed to complying with all applicable economic and trade sanctions laws and regulations, including those administered by the U.S....source Office of Foreign Assets Control (OFAC).¹³⁰ This policy applies to all Users of the MODAPAYA Platform.

• Scope of Sanctions: U.S. sanctions programs prohibit or restrict transactions and dealings by U.S. persons (defined below) with certain countries, regions, governments, entities, and individuals designated as posing a threat to national security, foreign policy, or the economy of the United States.¹⁷⁹ These prohibitions can include comprehensive embargoes (e.g., Cuba, Iran, North Korea, Syria, Crimea Region of Ukraine) or targeted sanctions against specific individuals and entities listed on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) and other sanctions lists. Transactions involving property or interests in property of blocked persons are generally prohibited, and such property must be blocked (frozen) if it comes within U.S. jurisdiction or the possession or control of a U.S. person.¹³³
• Who Must Comply:
  • MODAPAYA: As a U.S. company, MODAPAYA must comply with all OFAC regulations.
  • U.S. Persons: All U.S. citizens and permanent resident aliens (regardless of location), all persons and entities physically located within the United States, and all U.S.-incorporated entities and their foreign branches must comply with OFAC sanctions.¹³⁰
  • Non-U.S. Persons: Non-U.S. persons must also comply with OFAC sanctions in certain situations, such as when engaging in transactions involving the U.S. financial system, U.S.-origin goods or services, or when causing a U.S. person to violate sanctions.¹³⁰ Facilitating transactions that U.S. persons cannot perform is also generally prohibited for non-U.S. persons.¹³⁰
• User Responsibilities:
  • Users are solely responsible for ensuring their use of the MODAPAYA Platform, including buying, selling, and shipping items, complies with all applicable sanctions laws and regulations.²²
  • Users must not use MODAPAYA to engage in any transaction, directly or indirectly, with individuals, entities, or locations subject to U.S. sanctions. This includes:
    • Listing items originating from sanctioned regions.
    • Shipping items to or from sanctioned regions or to SDNs.
    • Conducting financial transactions involving sanctioned parties or jurisdictions.
  • Users must provide accurate information regarding their identity, location, and the origin/destination of goods to facilitate MODAPAYA's compliance screening efforts.¹³⁰ Misrepresenting information to circumvent sanctions is prohibited.¹⁸⁰
  • Users must not facilitate transactions by others that would violate U.S. sanctions.¹³⁰

• MODAPAYA's Compliance Measures: MODAPAYA employs a risk-based approach to sanctions compliance.¹³⁰ This may include:

  • Screening: Screening Users (particularly Sellers during onboarding and periodically) and transaction details against OFAC's SDN List and other relevant sanctions lists.¹³⁰ This involves collecting and verifying identifying information.¹³⁷
  • Transaction Monitoring: Monitoring transactions for potential links to sanctioned parties or jurisdictions.¹³²
  • Blocking/Rejecting Transactions: Blocking or rejecting transactions, and potentially freezing funds, that appear to violate sanctions requirements.¹³³ Blocked property will be reported to OFAC.¹³³
  • Account Suspension/Termination: Suspending or terminating accounts of Users found to be violating sanctions laws or this policy.

• Prohibited Jurisdictions/Parties: Users may not use MODAPAYA for transactions involving comprehensively sanctioned countries/regions (currently including, but not limited to, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s Republic (DNR), and Luhansk People’s Republic (LNR) regions of Ukraine) or any individual or entity on the OFAC SDN List or other applicable U.S. government restricted party lists. This list is subject to change based on U.S. government actions.
• Reporting: Users who suspect a violation of this policy or sanctions laws should report it to MODAPAYA Support immediately.
• Disclaimer: This policy provides a general overview. Sanctions laws are complex and change frequently. Users are responsible for seeking their own legal advice regarding specific compliance obligations. MODAPAYA is not liable for Users' non-compliance with sanctions laws.

Implementing an effective OFAC compliance program involves several core components, including management commitment, ongoing risk assessment, robust internal controls (like screening and monitoring), regular testing/auditing, and employee training.¹³⁰ While the primary responsibility lies with the organization (MODAPAYA), users play a role by providing accurate information and ensuring their own activities do not violate sanctions.¹³⁰ The strict liability nature of many sanctions violations means that lack of knowledge is generally not a defense ¹³⁶, underscoring the importance of robust screening and user awareness.

6. MODAPAYA LLC Optional Programs and Platform Access Terms

MODAPAYA may offer optional programs and services. Participation in these programs is subject to specific terms outlined below, in addition to the main ToS and other applicable policies.

6.1. Affiliates Policy

This policy governs participation in the MODAPAYA Affiliate Program ("Program"), allowing approved participants ("Affiliates") to earn commissions by referring new users or driving sales to MODAPAYA through unique tracking links.

• Eligibility and Enrollment:
  • Applicants must meet specified criteria (e.g., own a relevant website/blog/social media presence, meet content quality standards, reside in eligible locations).
  • Application process involves submitting required information via [Application Method, e.g., online form].¹⁸¹
  • MODAPAYA reserves the right to approve or reject applications in its sole discretion, based on brand alignment and other factors.¹⁸¹
• Affiliate Responsibilities:
  • Promote MODAPAYA ethically and accurately, adhering to MODAPAYA's brand guidelines and promotional restrictions.¹⁸¹
  • Use only approved tracking links and promotional materials provided by MODAPAYA.¹⁸¹
  • Clearly and conspicuously disclose the affiliate relationship in all promotions, in compliance with FTC guidelines (e.g., using #ad, #sponsored, or similar disclosures).¹⁸¹
  • Do not engage in spamming, misleading advertising, cookie stuffing, or other prohibited promotional methods.¹⁸¹
  • Do not bid on MODAPAYA's branded keywords in paid search campaigns unless explicitly permitted.¹⁸¹
  • Maintain the confidentiality of any non-public information shared through the Program.¹⁸³
  • Comply with all applicable laws and regulations.
• Commission Structure:
  • Commissions are earned on "Qualified Purchases" or actions (define what qualifies, e.g., first purchase by a new referred user within the cookie duration) made through the Affiliate's unique tracking link.¹⁸¹
  • Specify commission rates (e.g., percentage of sale, flat fee per action).¹⁸¹
  • Define the cookie duration (the period after a click during which a referred action qualifies for commission, e.g., 30 days).¹⁸¹
  • List any excluded products or services not eligible for commission.¹⁸¹
• Payment Terms:
  • Specify the payout threshold (minimum commission balance required for payment, e.g., $50).¹⁸¹
  • Outline the payment schedule (e.g., monthly, net 30 days after end of month).¹⁸¹
  • State the payment method(s) used (e.g., PayPal, bank transfer).¹⁸¹
  • Explain handling of refunds, chargebacks, and cancellations: Commissions earned on transactions that are later refunded or reversed will typically be deducted from future payouts.¹⁸¹ Include a buffer period before payout to account for this.¹⁸¹
• Self-Referrals: State whether Affiliates are permitted to earn commissions on their own purchases made through their affiliate links (typically prohibited).¹⁸¹
• Termination:
  • Either party may terminate the affiliate relationship with notice (specify notice period, e.g., 7 days).
  • MODAPAYA reserves the right to terminate an Affiliate immediately for violations of this policy, unethical behavior, inactivity, or actions harmful to MODAPAYA's reputation.¹⁸¹
  • Outline consequences of termination (e.g., forfeiture of unpaid commissions below threshold, cessation of link use).¹⁸³
• Modifications: MODAPAYA reserves the right to modify the Program terms (commission rates, policies) with reasonable notice to Affiliates.¹⁸¹ Continued participation after changes constitutes acceptance.
• Relationship: Clarify that Affiliates are independent contractors, not employees or partners of MODAPAYA.

6.2. API Terms of Use

These terms govern the use of MODAPAYA's Application Programming Interfaces ("APIs"), associated documentation, data, and software provided by MODAPAYA to allow developers ("Developers," "you") to integrate their applications or services with the MODAPAYA Platform.

• License Grant:
  • Subject to compliance with these API Terms, MODAPAYA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the APIs solely for the purpose of developing, testing, and operating your application ("Developer Application") to interact with MODAPAYA Services as permitted by the API documentation.⁶
• Registration and Access:
  • Access to APIs may require registration and obtaining API keys or other credentials.¹⁸⁷
  • You are responsible for maintaining the security and confidentiality of your API keys and are liable for all activities occurring under your keys.¹⁸⁷ You must notify MODAPAYA immediately of any unauthorized use.
• Usage Restrictions: You agree not to:
  • Exceed specified usage limits or rate limits communicated by MODAPAYA.⁶
  • Use the APIs for any illegal, fraudulent, or unauthorized purpose, or in violation of any MODAPAYA policies (including ToS, Privacy Policy, Community Policy).⁶
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the APIs or related software.⁶
  • Modify, adapt, translate, or create derivative works based on the APIs.⁶
  • Use the APIs in a manner that adversely affects the stability or performance of MODAPAYA's servers or Services, or interferes with other users' access.⁶
  • Use the APIs to scrape, bulk download, or store MODAPAYA data beyond what is necessary for your Developer Application's permitted functionality.
  • Misrepresent your identity or your Developer Application's purpose.
  • Sublicense, rent, lease, sell, or otherwise transfer the APIs or access keys to any third party without MODAPAYA's prior written consent.¹⁸⁷
  • Use data obtained through the APIs for purposes other than providing the functionality of your approved Developer Application.¹⁸⁸ Specifically, do