MODAPAYA Terms of Service and Privacy Policy
1. Introduction and Acceptance of Terms
1.1 Welcome and Scope of Agreement
This document constitutes the combined "MODAPAYA Terms of Service and Privacy Policy" (collectively, the "Terms"). These Terms govern your access to and use of the MODAPAYA online marketplace platform, which includes our websites, mobile applications, application programming interfaces (APIs), tools, and related services (collectively, the "Platform" or "Services"). Accessing or using our Services signifies your agreement to these legally binding Terms.1 This document outlines your rights and responsibilities as a user of MODAPAYA's Services.
1.2 Binding Agreement (Parties: MODAPAYA LLC & User)
These Terms form a legally binding contract between you, the individual or entity accessing or using the Services ("User," "you," "your"), and MODAPAYA LLC, a limited liability company organized under the laws of the State of Texas, with its principal place of business at ("MODAPAYA," "we," "us," "our").
1.3 Acceptance of Terms (Methods: Registration, Use, Click-Agree)
By accessing the Platform, registering an account, clicking an "I Agree" button or checkbox, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these entire Terms, including all policies incorporated herein. If you do not agree to all provisions of these Terms, you must not access or use the Services. Your agreement is confirmed through mechanisms such as clicking an acceptance button or checking a box adjacent to a statement indicating your agreement during the registration or login process (a "clickwrap" agreement), which provides clear evidence of your assent to these Terms. The enforceability of online agreements often depends on demonstrating clear user notice and consent; requiring an explicit action like clicking "I Agree" is designed to ensure a clear manifestation of your acceptance.
1.4 Incorporation of Additional Policies (Links to specific policies)
These Terms incorporate by reference other specific MODAPAYA policies that provide detailed rules for various aspects of the Services. By agreeing to these Terms, you also agree to comply with all incorporated policies, which may be updated from time to time in accordance with Section 2. (Modifications to Terms). These policies include, but are not limited to:
Community Policy
Discrimination and Hateful Content Policy
Prohibited Items Policy
Intellectual Property Policy
Fees & Payments Policy
Off-Platform Transactions Policy
Sanctions Policy
Cases/Purchase Protection Policy
Cookie Policy
US Regional Privacy Disclosures
This structure of incorporating specific policies allows for detailed guidance on particular topics while maintaining a clear primary agreement.
1.5 Definitions (Key terms used throughout)
To ensure clarity and consistent understanding, the following terms shall have the meanings ascribed to them below when used in these Terms. Precise definitions are essential for interpreting rights and obligations, especially where terms carry specific legal meanings under applicable laws like the Texas Data Privacy and Security Act (TDPSA), the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Children's Online Privacy Protection Act (COPPA), the INFORM Consumers Act, and others.
Term
Definition
Relevant Snippets
Account
A User's registered profile on the Platform, required for accessing certain features, including buying and selling.
API
Application Programming Interface provided by MODAPAYA to allow interaction with the Platform, subject to separate API Terms of Use if applicable.
Buyer
A User who utilizes the Platform to browse, search for, or purchase goods or services listed by Sellers.
Content
Any text, data, information, images, graphics, photographs, profiles, audio, video, listings, links, reviews, messages, or other materials uploaded, posted, generated, provided, or otherwise made available by Users or MODAPAYA on or through the Services.
Controller
The entity that, alone or jointly with others, determines the purposes and means of the processing of Personal Data. For the purposes of these Terms, MODAPAYA LLC is the Controller.
High-Volume Third-Party Seller
A Seller (who is not MODAPAYA) who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products through the Platform resulting in an aggregate total of $5,000 or more in gross revenues, as defined under the INFORM Consumers Act.
Intellectual Property (IP)
Rights including, but not limited to, copyrights, trademarks, service marks, trade names, logos, patents, trade secrets, design rights, database rights, and other proprietary rights, whether registered or unregistered.
MODAPAYA LLC
MODAPAYA LLC, a Texas limited liability company, the legal entity operating the Platform and Services.
Personal Data / Personal Information
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 definition aligns with applicable privacy laws such as TDPSA and CCPA/CPRA. It does not include publicly available information or de-identified data.
Platform / Services
MODAPAYA's online marketplace platform, encompassing its websites (e.g.,), mobile applications, APIs, tools, features, and related services provided by MODAPAYA LLC.
Processing
Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Processor
An entity that processes Personal Data on behalf of the Controller, subject to the Controller's instructions.
Sale of Personal Data
The sharing, disclosing, or transferring of Personal Data to a third party for monetary or other valuable consideration. Exclusions apply as defined under TDPSA and CCPA/CPRA (e.g., disclosure to a Processor, disclosure to provide a requested service, disclosure to an affiliate, intentional public disclosure by the user, transfer during merger/acquisition).
Seller
A User who lists, offers for sale, or sells goods or services through the Platform.
Sensitive Data / Sensitive Personal Information
A specific category of Personal Data requiring heightened protection and, under TDPSA, explicit consent for processing. 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).
Targeted Advertising
Displaying an advertisement to a consumer selected based on Personal Data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. Excludes certain activities like advertising based on current search query or visit, first-party advertising, or processing for measuring/reporting ad performance.
User
Any individual or entity who accesses or uses the Platform or Services in any capacity, including, without limitation, Buyers, Sellers, and visitors browsing the Platform ("Visitors").
2. Terms of Service
2.1 MODAPAYA as a Marketplace Platform
MODAPAYA provides an online venue that enables Users to connect, interact, and engage in the purchase and sale of goods and services directly with each other. MODAPAYA's role is strictly limited to that of an intermediary platform provider. MODAPAYA is not directly involved in the transactions between Buyers and Sellers and does not act as an agent, fiduciary, or representative for any User. Consequently, MODAPAYA does not manufacture, purchase, store, inspect, guarantee, or ship items listed or sold through the Platform (unless expressly stated otherwise for specific optional services like fulfillment). MODAPAYA does not set prices for items sold by Sellers (except potentially its own service fees) and does not endorse any User, listing, or Content. Sellers are independent third-party businesses or individuals who are solely responsible for their listings, the accuracy of their Content, the quality, safety, legality, and availability of their items, order fulfillment, shipping, customer service related to their items, and compliance with all applicable laws and regulations. Buyers are responsible for evaluating the suitability, quality, and legality of items before purchasing. Clearly establishing MODAPAYA's role as a venue is fundamental to managing liability and user expectations; responsibility for the specifics of transactions rests with the participating Users.
2.2 User Accounts (Eligibility, Registration, Security, Responsibility, No Transfer)
Eligibility: To register for an Account and use the Services (other than merely browsing as a Visitor), you must be at least 18 years old and have the legal capacity to enter into binding contracts. Use of the Services by individuals under the age of 18 is strictly prohibited. Our practices regarding children's data are further detailed in Section 3.8 (Children's Privacy).
Registration: 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. Registration may require providing information such as your name, email address, phone number, and physical address. Sellers may be required to provide additional information, including business details, tax identification numbers, and bank account information, particularly to comply with legal obligations such as the INFORM Consumers Act.18 MODAPAYA may require verification of certain information as described in Section 3.3.
Account Security: You are solely responsible for safeguarding your account password and any credentials used for multi-factor authentication (MFA), if offered and enabled. You must not disclose your password or MFA codes to any third party. Implementing strong, unique passwords and enabling MFA where available are critical security practices.68 MODAPAYA cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations or from unauthorized access to your Account resulting from your actions or omissions.
User Responsibility: You are entirely responsible for any and all activities that occur under your Account, whether or not you have authorized such activities. You agree to notify MODAPAYA immediately at of any suspected or actual unauthorized use of your Account or any other breach of security.
No Transfer: Your Account is personal to you. You may not sell, assign, transfer, or sublicense your Account or any rights granted herein to any third party without MODAPAYA's prior written consent. Any attempted transfer without such consent will be void.
2.3 User Conduct and Community Standards (Compliance; Links to Community Policy, Discrimination/Hateful Content Policy)
Your use of the Services must comply with all applicable federal, state (including, without limitation, the Texas Deceptive Trade Practices Act - DTPA 75) and local laws, statutes, ordinances, and regulations. Furthermore, you agree to abide by these Terms and all policies incorporated by reference, including the Community Policy [Placeholder: Link] and the Discrimination and Hateful Content Policy [Placeholder: Link]. These linked policies provide detailed standards for interaction and acceptable conduct on the Platform. Maintaining a respectful and safe environment is paramount. You agree to interact with other Users and MODAPAYA staff professionally and respectfully. Harassment, bullying, threats, intimidation, stalking, spamming, and any form of abuse are strictly prohibited. Discrimination or hate speech based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, age, or any other protected characteristic is not tolerated. The referenced policies provide more specific examples of prohibited conduct. Adherence to these standards is essential for maintaining a trustworthy marketplace, and incorporating detailed rules into separate, linked policies allows for clarity and easier updates as community norms and legal requirements evolve.
2.4 Content Posted by Users (Responsibility, License to MODAPAYA)
User Responsibility: You are solely responsible for all Content that you submit, post, upload, publish, display, or transmit (hereinafter, "post") on or through the Services, including but not limited to product listings, images, descriptions, videos, reviews, comments, and messages. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to post your Content and to grant the licenses set forth in these Terms. You further represent and warrant that your Content does not infringe upon, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any applicable law or regulation.
License Grant to MODAPAYA: By posting Content on the Platform, you grant MODAPAYA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such Content. This license is granted for the limited purposes of operating, providing, promoting, improving, and developing the Services. This includes, for example, displaying your listings to Buyers, featuring your shop or items in promotional materials, and using reviews to inform other Users. You understand that this license continues even if you stop using the Services, with respect to aggregated and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of business.
Content Moderation: MODAPAYA does not pre-screen all User Content but reserves the right (though not the obligation) to review, refuse, remove, or disable access to any Content that, in its sole judgment, violates these Terms or any incorporated policies, is illegal, infringing, harmful, offensive, or otherwise objectionable, without prior notice. MODAPAYA's content moderation practices, including any automated tools used and the process for appealing moderation decisions, are further described in the Community Policy. Transparent moderation processes, including clear policies and accessible appeal mechanisms, are crucial for user trust and compliance with regulations like the Digital Services Act (DSA) if applicable.
2.5 Prohibited Activities and Items (Summary; Links to Prohibited Items Policy)
In addition to the conduct standards outlined above and in the Community Policy, Users are strictly prohibited from engaging in the following activities on or through the Platform:
Violating any applicable international, federal, state (including Texas laws like the DTPA 75), or local laws, regulations, or ordinances.
Infringing upon or violating our intellectual property rights or the intellectual property rights of others (See Section 2.6 and the Intellectual Property Policy ).
Listing, selling, or purchasing any items that are prohibited by law or by MODAPAYA's Prohibited Items Policy . This policy provides a detailed, non-exhaustive list of forbidden goods and services.
Engaging in any fraudulent, false, misleading (including violations of the DTPA 75), or deceptive acts or practices.
Interfering with, disrupting, or compromising the integrity or security of the Platform, its servers, or networks; this includes transmitting viruses, malware, or engaging in hacking, phishing, or denial-of-service attacks.
Using any automated means (bots, scrapers, spiders) to access the Platform for any purpose without our express written permission.
Circumventing or attempting to circumvent MODAPAYA's fee structure, billing process, or policies, including the Off-Platform Transactions Policy.
Manipulating prices, reviews, ratings, or search results.
Creating or using multiple Accounts to evade suspension or circumvent policies without MODAPAYA's permission.
Collecting or harvesting Personal Data about other Users without their consent or in violation of applicable privacy laws or MODAPAYA's policies. Violation of these rules or any provision of these Terms may result in immediate suspension or termination of your Account and access to the Services, removal of Content, forfeiture of fees, and potential legal action.
2.6 Intellectual Property (IP Rights, User Obligations, DMCA Process; Link to IP Policy)
MODAPAYA's Intellectual Property: The Platform, Services, and all underlying technology, software, data, designs, graphics, logos, trademarks, service marks, trade names, and other content provided by MODAPAYA (excluding User Content) are the exclusive property of MODAPAYA LLC and its licensors, protected by copyright, trademark, patent, trade secret, and other intellectual property laws. MODAPAYA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely as permitted by these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.
User Obligations Regarding IP: You represent and warrant that you own or have secured all necessary rights, licenses, consents, and permissions for any Content you post on the Platform, including product images, descriptions, and any incorporated trademarks or copyrighted material. You agree not to post Content that infringes upon any third party's intellectual property rights. Selling counterfeit goods is strictly prohibited.
DMCA Compliance and Reporting Infringement: MODAPAYA respects the intellectual property rights of others and expects its Users to do the same. We comply with the Digital Millennium Copyright Act ("DMCA"). Our Intellectual Property Policy [Placeholder: Link] provides detailed information on how copyright owners (or their authorized agents) can submit a formal DMCA takedown notice if they believe their copyrighted work has been infringed upon by Content on the Platform. The policy also outlines the process for Users whose Content has been removed to submit a DMCA counter-notice if they believe the removal was due to mistake or misidentification. Proper compliance with DMCA procedures, including the designation and registration of a DMCA agent with the U.S. Copyright Office and maintaining a clear policy, is essential for online service providers like MODAPAYA to potentially qualify for "safe harbor" protection from liability for copyright infringement by users.
Designated Agent: The contact information for MODAPAYA's Designated Agent for receipt of DMCA notices is provided within the Intellectual Property Policy, as required by the DMCA. Registration requires providing specific contact details (name/title, physical address, phone, email) publicly on the website and to the Copyright Office. The registration portal is accessible via the U.S. Copyright Office website.
Repeat Infringer Policy: MODAPAYA maintains a policy to terminate, in appropriate circumstances and at its sole discretion, the Accounts of Users who are determined to be repeat infringers of copyright or other intellectual property rights.
Trademark and Patent Claims: While the DMCA specifically addresses copyright, our Intellectual Property Policy also provides information on how to report alleged trademark and patent infringement.
2.7 Fees and Payments (Overview; Link to Fees & Payments Policy)
Accessing the Platform as a Visitor is free. However, using certain Services, particularly for Sellers, involves fees. These may include, but are not limited to, listing fees, transaction fees (commissions) calculated as a percentage of the sale price, payment processing fees, fees for optional listing upgrades or advertising services, and subscription fees if applicable. Buyers are responsible for paying the full price of items purchased, including the item price, shipping costs, and any applicable taxes (e.g., sales tax), as presented at checkout. All applicable fees, payment schedules, accepted payment methods, tax collection responsibilities (in accordance with Texas law 118), and billing procedures are detailed in the Fees & Payments Policy , which is hereby incorporated by reference.4 MODAPAYA reserves the right to change its fees upon reasonable advance notice, as further specified in the Fees & Payments Policy. Failure to pay applicable fees may result in suspension or termination of your Account or Services.
2.8 Transactions, Disputes, and Platform Protections (Buyer/Seller Obligations; Links to Off-Platform Transactions Policy, Sanctions Policy, Cases/Purchase Protection Policy)
Buyer and Seller Obligations: When entering into a transaction on the Platform, Buyers agree to pay for the items purchased, and Sellers agree to fulfill the order as described in their listing and policies.6 Sellers are responsible for accurately describing their items, setting clear shop policies (e.g., regarding shipping, returns, exchanges), shipping items promptly and safely, and providing good customer service. Sellers must comply with all MODAPAYA policies, including any applicable Seller Performance Standards, which may set benchmarks for metrics like on-time shipping, cancellation rates, and response times.
Off-Platform Transactions: To protect the integrity of the Platform and the safety of its Users, and to ensure the applicability of MODAPAYA's policies and protections (like payment processing and dispute resolution), all transactions initiated on MODAPAYA must be completed on MODAPAYA. Attempting to solicit, encourage, or complete transactions off-platform (also known as fee avoidance, circumvention, or platform leakage) is strictly prohibited. This includes sharing contact information for the purpose of transacting elsewhere or using QR codes to direct users off-site for purchases. Violations are subject to penalties, including account suspension or termination. Please refer to the detailed Off-Platform Transactions Policy . Platforms invest in building trust and providing value (e.g., secure payments, dispute resolution) to justify their fees and keep users safe; circumventing the platform undermines these efforts and exposes users to increased risk.
Sanctions Compliance: The use of MODAPAYA Services must comply with all applicable economic sanctions and trade restriction laws and regulations, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets...source and other relevant authorities. Users are prohibited from using the Services to engage in transactions involving individuals, entities, or countries/regions subject to U.S. sanctions (e.g., those on OFAC's SDN List) or for purposes that would violate these restrictions. MODAPAYA may implement screening measures and reserves the right to refuse service, block transactions, or terminate accounts to ensure compliance. Users are responsible for their own compliance due diligence. Refer to the Sanctions Policy for more details.
Dispute Resolution Between Users: MODAPAYA provides tools and may offer a process, such as a case system, to help Buyers and Sellers resolve disputes that arise from transactions on the Platform (e.g., regarding item quality, non-delivery, or returns). However, MODAPAYA is not a party to the transaction and generally does not act as an arbitrator or judge in disputes between Users. Our role is primarily facilitative. We encourage Buyers and Sellers to communicate directly and attempt to resolve issues amicably. If a resolution cannot be reached, Users may escalate the issue according to the procedures outlined in our Cases/Purchase Protection Policy. MODAPAYA may, at its sole discretion, intervene based on the evidence presented and its policies, potentially issuing refunds or taking other actions. MODAPAYA's decision in such cases is typically final, subject to applicable laws and payment network rules (e.g., chargebacks).
2.9 Disputes Between User and MODAPAYA (Mandatory Arbitration, Class Action Waiver, Governing Law: Texas)
Governing Law: These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes"), shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.).139
Mandatory Binding Individual Arbitration: You and MODAPAYA agree that, except for certain excluded claims (such as qualifying small claims court actions or actions seeking only injunctive relief related to intellectual property infringement), any Dispute shall be resolved solely through final and binding individual arbitration, rather than in court.9 This agreement to arbitrate is intended to be broadly interpreted. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect (the "AAA Rules"), except as modified by this Section 2.9.140 The arbitration will be conducted in [Placeholder: City, e.g., Austin], Texas, unless you and MODAPAYA agree otherwise, or potentially via teleconference or based on written submissions for smaller claims as permitted by AAA Rules. Texas law permits such arbitration agreements.139
Arbitration Procedure: The arbitration will be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration, except as limited by the class action waiver below. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, final, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA and its rules is available at www.adr.org. Fees associated with the arbitration shall be shared equally by the parties, unless otherwise required by the AAA Rules or applicable law.140 This arbitration provision is designed to provide a streamlined dispute resolution process while ensuring fairness and avoiding procedural unconscionability under Texas law.141
Class Action and Collective Relief Waiver: YOU AND MODAPAYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING.1 FURTHER, UNLESS BOTH YOU AND MODAPAYA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and MODAPAYA's right to appeal the court's decision. All other claims will be arbitrated. This waiver is a critical component of the agreement to arbitrate.
**. The Opt-Out Notice must be postmarked or emailed no later than 30 days after the date you first accept these Terms. You must complete the Opt-Out Notice form by providing the information requested, including your name, address, phone number, email address associated with your Account, and a clear statement that you wish to opt out of this arbitration agreement. Opting out of this Agreement to Arbitrate has no effect on any other part of these Terms.] (Note: Including an opt-out can strengthen enforceability against challenges but is not strictly required if the clause is otherwise fair and conspicuous).2
2.10 Termination (By User, By MODAPAYA; Survival of Clauses)
Termination by User: You may terminate your Account and these Terms at any time by closing your Account through your Account settings or by contacting MODAPAYA Customer Support at. Termination is effective upon confirmation from MODAPAYA. Closing your Account does not relieve you of any outstanding obligations, including payment of fees owed or fulfillment of orders placed prior to termination.
Termination by MODAPAYA: MODAPAYA reserves the right, in its sole discretion, to suspend, restrict, or terminate your Account and access to the Services, with or without notice, for any reason or no reason, including but not limited to: (i) breach of these Terms or any incorporated policies; (ii) violation of applicable laws; (iii) fraudulent, deceptive, or abusive activity; (iv) non-payment of fees; (v) prolonged inactivity; (vi) actions that risk harm to MODAPAYA, other Users, or third parties; or (vii) if required by law or regulation.
Effect of Termination: Upon termination, your right to access and use the Services ceases immediately. Your Content may be removed from the Platform, though MODAPAYA may retain copies as necessary for legal compliance, backup, or archival purposes, subject to the Privacy Policy. Termination does not affect any rights or obligations that accrued prior to termination.
Survival: Provisions of these Terms that by their nature should survive termination shall survive, including, but not limited to, Sections concerning Intellectual Property (2.6), Fees and Payments owed (2.7), Disputes Between User and MODAPAYA (2.9), Disclaimers of Warranties (2.11), Limitation of Liability (2.12), Indemnification (2.13), Governing Law, and the Privacy Policy (Section 3) regarding data collected prior to termination.
2.11 Disclaimers of Warranties
THE SERVICES, PLATFORM, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.6 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODAPAYA LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.147
MODAPAYA MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE 149; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE PLATFORM OR SOFTWARE WILL BE CORRECTED.
MODAPAYA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING SELLERS) THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. MODAPAYA IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODAPAYA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MODAPAYA'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.148 These disclaimers are essential for managing expectations and limiting liability related to the inherent uncertainties of online platforms and user-generated content.147
2.12 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODAPAYA LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MODAPAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS.4
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODAPAYA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO MODAPAYA FOR ACCESS TO AND USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).149
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 2.12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MODAPAYA'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.147 These limitations are standard contractual tools used to manage the financial risks associated with operating a platform connecting numerous independent users.147
2.13 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 12:
Your violation of these Terms or any incorporated policies;
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 Terms;
Your violation of any law or the rights of a third party, including, without limitation, any intellectual property right, privacy right, or right of publicity; or
Any dispute or issue between you and any other User or third party arising from your use of the Services. MODAPAYA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with MODAPAYA's defense of that claim.
2.14 Modifications to Terms (MODAPAYA's Right, Notice)
MODAPAYA reserves the right, at its sole discretion, to modify or replace these Terms (including any policies incorporated by reference) at any time.5 If a revision is material, MODAPAYA will provide reasonable advance notice before the revised Terms become effective. What constitutes a material change will be determined at MODAPAYA's sole discretion. Notification methods may include posting the updated Terms on the Platform, sending an email notification to your registered email address, or displaying a notice through the Services upon login.10 The "Last Updated" date at the top of these Terms indicates when the latest modifications were made.
All changes will be effective prospectively from the date specified in the notice or, if no date is specified, immediately upon posting.10 By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services and close your Account. It is your responsibility to review these Terms periodically for changes. Providing notice and ensuring changes apply prospectively are important considerations, particularly under Texas law regarding the enforceability of arbitration agreements, as retroactive changes made without notice may render such agreements illusory.10
2.15 Contact Information (General)
For general questions about these Terms of Service (excluding privacy-related inquiries, which should be directed as specified in Section 3.12), please contact MODAPAYA Customer Support at:.5
3. Privacy Policy
3.1 Introduction (Scope, Data Controller: MODAPAYA LLC)
This section outlines the Privacy Policy for MODAPAYA LLC ("MODAPAYA," "we," "us," "our"). It describes how we collect, use, disclose, process, and protect the Personal Data of our Users ("you"), including Buyers, Sellers, and Visitors, when you interact with our Platform and Services. This Privacy Policy is incorporated into and subject to the MODAPAYA Terms of Service.
MODAPAYA LLC, located at, is the entity responsible for processing your Personal Data (the "Data Controller").14
We are committed to transparency and protecting your privacy in compliance with applicable data protection laws, including the Texas Data Privacy and Security Act (TDPSA) 14, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) (addressed in our US Regional Privacy Disclosures), the federal Children's Online Privacy Protection Act (COPPA) 35, the federal INFORM Consumers Act 18, and Section 5 of the Federal Trade Commission (FTC) Act regarding unfair or deceptive practices.155 Building user trust through clear and lawful data practices is essential.8
3.2 Information We Collect (Categories, Sources)
We collect various categories of Personal Data to provide and improve our Services. The specific data collected depends on how you interact with us.
Categories of Personal Data Collected:
Identifiers: Such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, phone number, or other similar identifiers. For Sellers, this may also include government-issued identifiers like Social Security Number (SSN), Taxpayer Identification Number (TIN), driver's license number, or passport number for verification purposes, including compliance with the INFORM Consumers Act.
Commercial Information: Records of products or services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, transaction details (items, price, date, payment method summary - full details processed by third-party gateway), shipping information, and interactions with customer service.
Internet or Other Electronic Network Activity Information: Browsing history, search history, information regarding your interaction with our Platform, applications, or advertisements (e.g., clicks, pages viewed, time spent, mouse movements, keystroke patterns for security/fraud detection), log file data, device type, operating system, browser type, and unique device identifiers.
Geolocation Data: General location inferred from your IP address. Precise geolocation data (e.g., GPS coordinates identifying location within a radius of 1,750 feet, per TDPSA) is collected only with your explicit consent.
Audio, Electronic, Visual, or Similar Information: Such as photographs or videos you upload (e.g., profile pictures, item listings), voice recordings if you interact with voice-enabled features or call customer support (with notice/consent where required).
Professional or Employment-Related Information: Information provided by Sellers related to their business, such as business name, address, and potentially professional background if relevant to their shop or services offered. (Note: TDPSA generally excludes data processed solely in the employment or B2B context 31).
Inferences Drawn: Profiles reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, derived from other Personal Data collected.
Sensitive Personal Information: As defined in Section 1.5 and under laws like TDPSA, requiring explicit consent for processing. This includes data revealing race/ethnicity, religion, health, sexuality, citizenship/immigration status, genetic/biometric data for identification, precise geolocation, and data from known children under 13.
Financial Information: Bank account information (collected from Sellers for payouts and INFORM Act verification), details related to payment transactions (processed securely by our third-party payment gateway; MODAPAYA typically only receives transaction confirmation and partial payment details, not full card numbers).
Biometric Data: Data generated from measurements of biological characteristics (e.g., fingerprints, voiceprints, facial geometry) used for identification. Processing requires explicit consent under TDPSA. MODAPAYA currently does not collect biometric data for identification but will update this policy and obtain consent if this changes.
Sources of Personal Data:
Directly from You: When you register for an Account, update your profile, list items, make a purchase, fill out forms, post Content (reviews, messages), communicate with us or other Users, or otherwise voluntarily provide information.
Automatically Collected: When you navigate and interact with our Platform, using technologies like cookies, web beacons, pixels, log files, and device identifiers. See our Cookie Policy [Placeholder: Link] for details.
From Third Parties: Including payment processors (for transaction confirmation), identity verification services (e.g., for INFORM Act compliance), analytics providers (e.g., Google Analytics 183), advertising networks, social media platforms if you link your account, other Users (e.g., shipping information provided by a Buyer to a Seller, reviews), and potentially publicly available sources or data brokers (if used, this will be specified).
3.3 How We Use Information (Purposes, Legal Bases incl. INFORM Act compliance)
We process your Personal Data for specific purposes, relying on established legal bases where required by law. Our purposes include:
Providing and Operating the Services: To enable you to create and manage your Account, list and discover items, facilitate communication and transactions between Buyers and Sellers, process payments through our integrated third-party payment gateways, provide customer support, and maintain the functionality of the Platform.
Improving and Personalizing the Services: To understand how Users interact with the Platform, analyze trends, personalize your experience (e.g., recommendations, search results), troubleshoot issues, and develop new features and services.
Security, Fraud Prevention, and Compliance: To maintain the security and integrity of our Platform and community; verify User identities (including collecting and verifying Seller information as mandated by the INFORM Consumers Act 18); detect, prevent, and respond to fraud, abuse, security incidents, and illegal activities; conduct sanctions screening as required by OFAC regulations ; enforce our Terms and policies; and comply with other legal and regulatory obligations.
Communication: To send you transactional or service-related communications (e.g., order confirmations, shipping updates, important policy changes, security alerts); respond to your comments, questions, and requests; and provide customer service. We will send marketing communications only with your consent or where permitted by law, and you can opt-out at any time.169
Legal Compliance: To comply with applicable laws, regulations, legal processes (such as subpoenas, court orders, or warrants 48), and governmental requests; fulfill tax reporting obligations; and establish, exercise, or defend legal claims.32
Advertising and Marketing: To display advertisements, including targeted advertising based on your activities (subject to your opt-out rights under TDPSA/CCPA); measure the effectiveness of advertising campaigns; and provide Sellers with aggregated or anonymized insights about their listings and audience.14
Profiling: We may use your Personal Data for profiling related to personalizing your experience, assessing risks (e.g., fraud), or making recommendations. If profiling results in decisions that produce legal or similarly significant effects concerning you, you have the right to opt-out under TDPSA.14
Legal Bases for Processing: We process your Personal Data based on the following legal grounds:
To Perform Our Contract With You: Much of our processing is necessary to provide the Services you requested and fulfill our obligations under these Terms.14
To Comply With Legal Obligations: We process certain data to comply with applicable laws, such as verifying seller information under the INFORM Act 18, conducting OFAC screenings 122, responding to valid law enforcement requests 48, and meeting tax requirements.14
For Our Legitimate Interests: We process data for legitimate business interests like security, fraud prevention, platform improvement, and analytics, provided these interests are not overridden by your fundamental rights and freedoms.14
With Your Consent: We rely on your consent for certain processing activities, such as processing Sensitive Personal Data (required under TDPSA 14), collecting Personal Data from children under 13 (via verifiable parental consent under COPPA 35), sending certain marketing communications, and deploying non-essential cookies.30 Consent must be a clear, affirmative act signifying freely given, specific, informed, and unambiguous agreement, and you can withdraw your consent at any time.15 We will not use dark patterns to obtain consent.14
3.4 How We Share Information (Practices, Third Parties, Legal Compliance, Sale/Sharing Disclosures & Opt-Outs per TDPSA/CCPA/CPRA, Specific TDPSA Notices)
We share your Personal Data only in the circumstances described below and always with appropriate safeguards in place.
Publicly: Information you designate as public in your profile (e.g., username, profile picture, shop name, location) and Content you post publicly (e.g., listings, reviews, forum posts) are visible to anyone on or off the Platform.32 For High-Volume Third-Party Sellers meeting the $20,000 annual revenue threshold, certain information (name/business name, physical address with exceptions, contact info) must be disclosed to consumers under the INFORM Act.18
Between Users: To facilitate transactions, we share necessary information between Buyers and Sellers. For example, we share the Buyer's shipping address and contact information with the Seller for order fulfillment. We share the Seller's name and contact information (as required by the INFORM Act for high-volume sellers) with the Buyer.1 Sellers act as independent data controllers for the Buyer information they receive and must comply with applicable privacy laws and Etsy's policies regarding its use.1
With Service Providers/Processors: We engage trusted third-party companies and individuals to perform services on our behalf, such as payment processing ([Placeholder: List primary payment processor(s)]), website hosting, data analysis, customer support, email delivery, identity verification (for INFORM Act, KYC/AML), security and fraud detection, and marketing assistance.210 These third parties (Processors) are given access to your Personal Data only to perform these tasks on our behalf and are contractually obligated (per TDPSA/CCPA requirements 14) not to disclose or use it for any other purpose and to maintain confidentiality and security standards.32
For Legal and Safety Reasons: We may disclose your Personal Data if we believe in good faith that it is necessary to: (i) comply with a legal obligation, regulation, or valid legal process such as a subpoena, court order, or search warrant 48; (ii) enforce our Terms and policies; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) protect the rights, property, or safety of MODAPAYA, our Users, or the public as required or permitted by law.32 We maintain guidelines for responding to law enforcement requests, generally requiring valid legal process and potentially notifying the affected User unless legally prohibited.48
Business Transfers: If MODAPAYA is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data may be sold or transferred as part of such a transaction as permitted by law and/or contract.32 We will provide notice before your information is transferred and becomes subject to a different privacy policy.
With Affiliates: We may share information within our corporate group (if any future affiliates exist) for operational purposes, security, and providing integrated services, consistent with this Privacy Policy.32
With Advertising Partners: We may share certain information (like hashed email addresses, device identifiers, or browsing activity) with third-party advertising partners to facilitate targeted advertising on MODAPAYA and other platforms, subject to your choices and opt-out rights described below.32 This may constitute a "Sale" or "Sharing" under TDPSA/CCPA, triggering opt-out rights.
Aggregated or De-identified Data: We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for industry analysis, demographic profiling, marketing, analytics, and other business purposes.
Sale/Sharing Disclosures and Opt-Outs (TDPSA/CCPA/CPRA):
We disclose the categories of Personal Data we may "Sell" or "Share" (as defined under TDPSA/CCPA, primarily related to sharing for targeted advertising or other valuable consideration) and the categories of third parties receiving this data in our US Regional Privacy Disclosures [Placeholder: Link].
You have the right to opt out of the Sale or Sharing of your Personal Data. You can exercise this right by clicking the "Do Not Sell or Share My Personal Information" link located in the website footer and within your account settings.
We recognize legally recognized universal opt-out preference signals (like the Global Privacy Control - GPC) as valid requests to opt out of Sale/Sharing where technically feasible. TDPSA requires recognition by January 1, 2025.14
Limit Use of Sensitive Personal Information (TDPSA/CCPA/CPRA):
We only process Sensitive Personal Information with your explicit consent or for limited purposes permitted by law (e.g., providing requested services, security, legal compliance).14
You have the right to limit our use and disclosure of your Sensitive Personal Information to only these permitted purposes. You can exercise this right via the "Limit the Use of My Sensitive Personal Information" link (if applicable, i.e., if we use SPI beyond permitted purposes) or through your account settings.
Specific TDPSA Notices for Sale of Sensitive/Biometric Data:
If MODAPAYA engages in the sale (as defined by TDPSA) of Sensitive Personal Data, this Privacy Policy will include the following conspicuous notice: "NOTICE: We may sell your sensitive personal data.".14 Currently, MODAPAYA does not sell Sensitive Personal Data.
If MODAPAYA engages in the sale of Biometric Data, this Privacy Policy will include the following conspicuous notice: "NOTICE: We may sell your biometric personal data.".14 Currently, MODAPAYA does not collect or sell Biometric Data.
3.5 Cookies and Tracking Technologies (Use, Types, Choices, DNT; Link to Cookie Policy):
We and our third-party partners use cookies, web beacons, pixels, log files, local storage, and similar technologies ("Tracking Technologies") to collect information about your browsing activities, device, and interactions with our Services and advertisements.32 These technologies help us provide, secure, and improve the Services, personalize your experience, analyze usage, and deliver relevant advertising.
Types Used: We use essential/strictly necessary cookies (for basic site function, security), performance/analytics cookies (to understand usage), functional cookies (to remember preferences), and targeting/advertising cookies (to show relevant ads).
User Choices & Consent: We provide choices regarding non-essential Tracking Technologies. Depending on your location, we may require your explicit opt-in consent before deploying non-essential cookies, typically via a cookie consent banner/tool.178 You can manage your cookie preferences through our consent management tool and often through your browser settings. Rejecting certain cookies may impact site functionality.157
Do Not Track (DNT): Some browsers offer a "Do Not Track" signal. Currently, there is no industry standard for how to respond to DNT signals, so we do not currently alter our practices when we receive a DNT signal.169 However, we recognize universal opt-out signals like GPC for Sale/Sharing opt-outs as described in Section 3.4.
Detailed Information: For more comprehensive details about the specific Tracking Technologies we use, their purposes, the third parties involved, and how to manage your preferences, please see our Cookie Policy [Placeholder: Link].
3.6 Data Security (Implemented Measures):
MODAPAYA takes the security of your Personal Data seriously and implements reasonable administrative, technical, and physical security measures designed to protect the information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction.14 These measures are appropriate to the volume and nature of the data handled and align with industry standards and FTC guidance.72 Measures include:
Encryption: Encrypting sensitive data both in transit (e.g., using TLS/SSL 68) and at rest.68
Access Controls: Implementing technical and administrative controls to limit access to Personal Data on a "need-to-know" basis (principle of least privilege), using unique user credentials, role-based access, and regular reviews of access permissions.44 Limiting administrative access is crucial.68
Authentication: Requiring secure password practices (complexity, uniqueness) and offering/requiring multi-factor authentication (MFA) for accessing accounts and systems containing sensitive data.68
Network Security: Employing firewalls, intrusion detection/prevention systems, network segmentation, and regular vulnerability scanning and penetration testing.185
Secure Development Practices: Integrating security into the software development lifecycle, including code reviews and testing for vulnerabilities.71
Vendor Security Management: Assessing the security practices of third-party service providers who handle Personal Data on our behalf and requiring contractual security obligations.71
Employee Training: Providing regular security awareness training to employees.71
Incident Response Plan: Maintaining a plan to respond to security incidents, including steps for containment, investigation, remediation, and notification as required by law.185
Physical Security: Implementing measures to secure physical locations where data is stored.190 Despite these measures, no security system is impenetrable, and we cannot guarantee the absolute security of your information.
3.7 Data Retention (Principles, Criteria/Periods):
We retain your Personal Data only for as long as is reasonably necessary to fulfill the specific purposes for which it was collected, including providing the Services, complying with our legal obligations (e.g., tax, accounting, INFORM Act record-keeping, OFAC compliance), resolving disputes, enforcing our agreements, and for other legitimate business purposes.14 We adhere to principles of data minimization, collecting only what is necessary, and purpose limitation, using data only for disclosed purposes.178
Our data retention periods vary depending on the type of data and the context. Key criteria influencing retention periods include:
Legal and Regulatory Requirements: Certain laws mandate minimum retention periods (e.g., tax records for 7 years 223, transaction records for chargeback defense, OFAC record-keeping for 5 years 134, HIPAA records for 6 years 226, FLSA records for 2-3 years 226).
Business Needs: Data needed for ongoing operations, customer service, account management, fraud prevention, or analytics. Transaction data may be kept for warranty periods or dispute resolution.178
User Account Status: Account information is typically retained while the account is active and for a reasonable period afterward to allow for reactivation or to meet legal obligations.178
Nature of the Data: Sensitive Personal Information may be retained for shorter periods or subject to stricter deletion protocols. Log files and analytics data may have shorter retention cycles (e.g., 90 days to 2 years 178).
Consent Duration: Data processed based on consent is retained until consent is withdrawn or the purpose is fulfilled. We maintain a data retention schedule outlining specific retention periods or criteria for different data categories.36 When data is no longer necessary for its specified purposes, we securely delete or anonymize it.35 You have the right to request deletion of your data, subject to certain exceptions (see Section 3.9).
3.8 Children's Privacy (Age Limits, COPPA Compliance):
MODAPAYA's Services are not directed to children under the age of 13. We require Users to be at least 18 years old to create an Account and use our Services (see Section 2.2). We do not knowingly collect Personal Data online from children under the age of 13 without prior verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).35
Definition of Child: For COPPA purposes, a "child" is an individual under 13 years of age.35
No Knowing Collection: If we obtain actual knowledge that we have collected Personal Data online from a child under 13 without the requisite parental consent, we will take steps to delete that information promptly.35 The standard for "actual knowledge" under COPPA means the operator is aware of collecting data from an under-13 user, which can occur through self-disclosure (e.g., age gate) or other reliable information.35 General audience websites are typically only subject to COPPA if they have actual knowledge of collecting from under-13s.35
Parental Rights: Parents or legal guardians have the right to review the Personal Data we have collected from their child, request deletion of that data, and refuse to permit further collection or use of the child's information.35
Verifiable Parental Consent: If MODAPAYA were ever to offer services directed to children under 13 or knowingly collect their data, we would first provide direct notice to parents and obtain verifiable parental consent using methods approved by the FTC under the COPPA Rule.35 This consent would be separate for disclosure to third parties unless integral to the service.57
Contact: If you are a parent or guardian and believe your child under 13 has provided us with Personal Data without your consent, please contact us immediately at [Placeholder: Privacy/DPO Contact Email] so we can take appropriate action.
3.9 User Rights and Choices (Access, Correction, Deletion, Portability, Opt-Outs, Limit SPI Use, Non-Discrimination, Appeal; Link to US Regional Disclosures):
Depending on your location and applicable law (including TDPSA, CCPA/CPRA), you may have certain rights regarding your Personal Data. These rights typically include:
Right to Know/Access: The right to request confirmation whether we process your Personal Data and to access specific pieces of your Personal Data we hold, along with information about its processing (categories collected, sources, purposes, categories shared/sold, third parties involved).14
Right to Correct: The right to request correction of inaccuracies in your Personal Data.14
Right to Delete: The right to request deletion of your Personal Data, subject to certain 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).14
Right to Data Portability: The right to obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.14
Right to Opt-Out of Sale/Sharing: The right to direct us not to "Sell" or "Share" your Personal Data (as defined under TDPSA/CCPA, primarily related to targeted advertising or transfers for valuable consideration).14
Right to Opt-Out of Targeted Advertising: The right to opt out of the processing of your Personal Data for purposes of targeted advertising.14
Right to Opt-Out of Certain Profiling: Under TDPSA, the right to opt out of processing for profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
Right to Limit Use and Disclosure of Sensitive Personal Information (SPI): The right to direct us to limit our use and disclosure of your SPI to that which is necessary to perform the services or provide the goods reasonably expected, or for other permitted purposes under CCPA/CPRA/TDPSA.36
Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights. We will not deny goods or services, charge different prices, or provide a different level of quality because you exercised your rights.
Right to Appeal: If we deny your request to exercise a right, you have the right to appeal our decision through the process described in Section 3.10.
Regional Specifics: Specific rights and disclosures applicable to residents of certain US states (including detailed CCPA/CPRA and TDPSA information) are provided in our US Regional Privacy Disclosures.
3.10 Exercising Your Rights (Methods, Verification):
Submission Methods: To exercise your privacy rights, you may submit a verifiable consumer request to us through one or more of the following methods:
Completing our online request form at.
Emailing us at.
Calling us toll-free at. (Note: TDPSA requires at least two methods, and online-only businesses need only provide an email address 14). You generally do not need to create an account to submit a request.14
Authorized Agents: You may designate an authorized agent to make a request on your behalf. We may require proof of the agent's authority and may need to verify your identity directly.
Verification Process: We must verify your identity before responding to requests to know, correct, or delete your Personal Data.14 The verification process will depend on the sensitivity of the data and the risk of harm posed by unauthorized access or deletion. We may ask you to provide information already associated with your account (e.g., email address, recent transaction details) or, in some cases, government identification (handled securely). We will not require you to pay a fee for verification.
Response Timing and Format: We will respond to verifiable requests without undue delay, typically within 45 days of receipt.14 If reasonably necessary, we may extend this period by an additional 45 days, notifying you of the extension and the reason. Responses will be provided free of charge, generally up to twice annually per consumer.14 If we deny a request, we will explain the reasons for the denial.
Appeal Process: If you disagree with our decision regarding your request, you may appeal by contacting us using the same method you used for the initial request, or by emailing [Placeholder: Privacy Appeals Email Address], within a reasonable period after receiving our decision. We will inform you in writing of any action taken or not taken in response to the appeal within 60 days, including a written explanation of the reasons for the decisions. If the appeal is denied, we will provide you with information on how to submit a complaint to the Texas Attorney General.14
3.11 International Data Transfers (If Applicable):
MODAPAYA LLC is based in the United States. If you are accessing the Services from outside the United States (e.g., the European Economic Area, UK, Switzerland), please be aware that your Personal Data will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction.157 By using the Services, you consent to the transfer of your information to the U.S. Where required by law (e.g., GDPR), we rely on appropriate transfer mechanisms, such as Standard Contractual Clauses or your explicit consent, to ensure adequate protection for cross-border data transfers.
3.12 Privacy Policy Updates (Communication):
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by posting the updated policy on the Platform, updating the "Last Updated" date, and/or providing notice through the Services (e.g., email, login notification) prior to the change becoming effective, as required by law.155 We encourage you to review this Privacy Policy periodically. Your continued use of the Services after the effective date of the revised Privacy Policy constitutes your acceptance of the changes.
3.13 Contact Information (Privacy/DPO):
If you have questions, comments, or concerns about this Privacy Policy or our data practices, or if you wish to exercise your privacy rights, please contact us:
By email: contact@modapaya.com
By mail: MODAPAYA LLC, Attn: Privacy office