Hello and welcome to The Moda App. The Moda App website and services, including all content and functionality accessible via the https://themoda.com domain name, are collectively referred to as "The Moda App Website" or the "Site," and are made up of various web pages operated by Bankz Media LLP.

This Terms of Service ("Terms of Service" or "Agreement") is a legally binding agreement between The Moda App and you that governs your use of the site's products and services (the "Service").

You agree to be bound by all of these Terms of Service and The Moda App's Privacy Policy (which can be found at https://themoda.com//privacy-policy/) by accessing or using any part or services of the Site.

You expressly accept the terms of this agreement and the privacy policy by visiting the site or registering for an account to use the services (a "The Moda App Account"). If you do not agree to the terms of this agreement or the privacy policy, you are not authorized to use any part of the service provided by The Moda App. We reserve the right, at our sole discretion, to modify this agreement at any time.

These changes take effect immediately after they are posted, and your continued use of or access to the site and/or the services will be deemed your conclusive acceptance of the modified agreement.

Please review these Terms of Service on a regular basis to stay up-to-date on any changes.

1. Description Of The Service

   The Moda App is a platform that lets its users import content from social media or their own accounts, tag products to it, and publish it as shoppable galleries or visual galleries on their ecommerce/online store/website (the "Service").

2. Service Terms And Limitations
   1. License
      

      Your use of the service is licensed rather than sold. Subject to the terms of this Agreement and your registration for a The Moda App Account, The Moda App grants you a revocable, non-exclusive, non-transferable account that allows you to access and use the service and the site. All The Moda App content made available for viewing and/or downloading in connection with the Service is owned by The Moda App and/or its suppliers and is licensed, not sold.

   2. Proprietary Rights.
      

      Except for the limited licenses expressly granted herein, The Moda App expressly reserves all right, title, and interest in and to the service, the site's content, and all processing, analytics, and other software and technology used by The Moda App in the provision of the service (collectively, the "The Moda App Technology"), including, without limitation, any derivatives, improvements, enhancements, or extensions of the The Moda App Technology conceived, reduced to code, or implemented.

      The Moda App or its content suppliers own all of the content on the Site, including text, graphics, logos, icons, images, and video clips, and it is protected by Indian and international copyright laws.

      The Moda App owns the compilation (meaning the collection, arrangement, and assembly) of all content on the site, which is also protected by Indian and international copyright laws.

      The site's content may be used as a resource. Any other use of the content on the site, including reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited. "Bankz Media LLP," "The Moda App," and https://themoda.com are Moda App trademarks that are protected by federal and state law.

      You agree not to use such marks in any way, including as metatags on other websites, in written materials, or otherwise.

      Also, you won't copy, change, make copies of, show, perform, publish, distribute, disseminate, broadcast, circulate, or use any content on the Site. You also won't let or tell anyone else to do any of these things, even if it's for your benefit.

      Under applicable federal, state, and local laws, any unauthorized or prohibited use of the site's contents may subject you to civil liability, criminal prosecution, or both.

   3. Restrictions
      

      You can't collect data or other content from our site in a systematic way to make a collection, compilation, database, directory, or something similar, whether you do it manually, with bots, crawlers, or spiders, or in some other way, and whether you do it all at once or in several downloads.

      Without our prior written consent, you may not frame any portion of our site (or any content from our site via in-line links), which you can obtain by contacting us at support[@]themodaapp.com.

      However, you may establish ordinary links to our site's homepage without our written permission, and you may use embedded HTML "galleries" if we have provided the HTML code.

      Furthermore, you shall not: I use, or permit the use of, the Service, except in accordance with the limited rights expressly granted in this Agreement; (ii) attempt to reverse engineer, hack into, or compromise any aspect of the The Moda App Technology, or attempt to access data of any other user of The Moda App; (iii) use, reproduce, modify, or create derivative works of the The Moda App Technology; or (iv) remove, obscure, or alter any legal notices,

      (v) use, post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the service's operation;

      (vi) reproduce, duplicate, copy, sell, trade, resell, or exploit any portion or use of, or access to, the service for commercial purposes; or

      (vii) transfer, lease, lend, sublicense, use for time sharing or service bureau purposes, resell or otherwise distribute, or give a third party access to all or any part of The Moda App Technology, including but not limited to sharing your access username and/or password.

3. User Representations; User Agreement
   1. User Representations
      

      To use the service, you must first create a The Moda App account by filling out the registration form. By registering for a The Moda App Account, you represent that: (a) you are at least thirteen (13) years old and are authorized to register for the service; (b) all information provided to The Moda App is true and accurate; (c) you will keep such information accurate; and (d) your use of the service does not violate any applicable law or regulation.

   2. User Agreement
      

      You expressly agree:

      (I) The Moda App reserves the right to suspend and/or terminate your account and refuse any and all current or future use of the service if The Moda App determines, in its sole discretion, that any information you provide is untrue, inaccurate, out of date, and/or incomplete; (ii) to safeguard your username and password at all times; and (iii) to notify The Moda App immediately of any unauthorized use of your account or any other need to deactivate your username and/or password.

      Your username and password are personal to you, and you must not allow others to use them under any circumstances. We are not responsible for any loss or damage that happens because someone stole or wrongfully used your username and/or password, because you told someone else your username and/or password, or because you gave someone else permission to use your username and/or password.

      The Moda App may need to access your account from time to time. For example, the Moda App may access your account for support, maintenance, or security purposes. In such a case, the Moda App will, if possible, notify you of its intention to use your username and password.

      You acknowledge and consent to such access regardless of whether such notice is provided.

      Also, because the Internet is used all over the world, you agree to follow all local rules about how to behave online and what is acceptable to post.

      You agree to follow all laws about the transmission of technical data exported from India or the country where you live, as well as any other local laws about sending or posting content or protecting people's privacy.

4. Privacy Policy

   The Moda App is dedicated to protecting your privacy and the information that it collects from you.

   Please visit and review The Moda App's Privacy Policy at https://themodaapp.com/privacy-policy/ for The Moda App's complete privacy policy.

5. Web Browser Cookies

   Our website, like millions of others, employs "cookies" to collect information and improve the user experience. Cookies are placed on a user's hard drive by their web browser for record-keeping and sometimes to track information about them. Users can configure their web browsers to refuse cookies or to notify them when cookies are sent. If they do, keep in mind that some parts of the site may not work properly. Cookies are used in two ways. We use cookies for two reasons: first, to save your login information for future logins, and second, to improve the user experience and interaction.

6. User Submissions
   1. Submitted Content.
      

      You are solely responsible for the information and other content you upload, publish, or display (hereinafter, "post") on the Site (the "Submitted Content"). The Moda App cannot and does not screen content that you provide to the site or via the service.

      Even so, The Moda App reserves the right to monitor content on the Site and remove content that The Moda App finds to be harmful, offensive, or otherwise in violation of this Agreement or The Moda App's operating policies for users of the Site ("Users").

      You warrant, represent, and agree that you will not contribute any Submitted Content or otherwise use the site in a way that (I) violates any third party's intellectual property or proprietary rights, or publicity or privacy rights; or (ii) violates any law, statute, ordinance, or regulation.

      (iii) you have reason to believe is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, or otherwise offensive;

      (iv) has a negative impact on The Moda App's goodwill, name, or reputation, or causes duress, distress, or discomfort to The Moda App or anyone else, or discourages any person, firm, or enterprise from using all or any portion, feature, or function of the site, or from advertising, liking, or becoming a supplier for use in connection with the site;

      (v) send junk e-mail, chain letters, duplicate or unsolicited messages, or "spam," or cause them to be sent;

      (vi) transmit, distribute, or upload programs or materials containing malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs, materials, or information.

      (vii) make a false report to a Moda App employee or agent;

      (viii) circumvent, disable, or otherwise interfere with the site's security features or features that prevent or restrict the use or copying of any content;

      (ix) read or try to read someone else's email or other private communications that were not meant for you;

      and/or (x) causes the site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services for monetary or other forms of compensation, or by linking with any other website or web pages. While The Moda App does not intend to discourage you from reporting problems with the Moda App Service, The Moda App reserves the right to take whatever action it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if The Moda App is concerned that you may have breached the immediacy requirement).

   2. License Grant
      

      By posting any Submitted Content on publicly accessible areas of the Site, you automatically grant (or warrant that the owner of such content has expressly granted) to The Moda App a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform, or display any matter.

      or other information (including, without limitation, ideas for new or improved products or services) you submit to public areas of the site, whether alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

      You agree to have no recourse against The Moda App for any alleged or actual infringement or misappropriation of a proprietary right in your communication to us. You also agree that The Moda App will not pay you for using your comments in the ways described here, and that The Moda App has the right to remove any comment at any time, for any reason.

      Furthermore, by posting any Submitted Content on the Site, you authorize and direct The Moda App to make as many copies of such content as The Moda App deems necessary to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content that you post on the site at any time. If you choose to remove your Submitted Content, the above-mentioned license will automatically expire; however, you acknowledge that The Moda App may keep archived copies of the Submitted Content.

   3. User-generated content.
      

      The Moda App warrants and represents that your use of services to discover and supervise user-generated content does not violate the legal terms of digital media platforms or social media platforms under the agreement. The Moda app doesn't make any promises about user-generated content (UGC), which is given as is.

      The Moda App makes no guarantees that the UGC is free of security, malware, covert code, or other unauthorized content. Furthermore, but not exclusively, The Moda App makes no warranties or representations that the publisher of the UGC has legal rights to the content or that your use of UGC complies with legal regulations and applicable laws. You agree to use the UGC in good faith by obtaining the necessary legal rights and permissions from the owner.

      You also agree not to publish, modify, or use UGC outside of the services agreement and environment. You agree that if the UGC's publisher removes the content from digital media platforms or social media platforms, The Moda App will remove the UGC from the services agreement or environment.You agree that The Moda App can remove content at its own discretion if user-generated content poses a legal or business risk to The Moda App.

      You also agree that The Moda App won't be responsible for any legal problems that come up because of how you use UGC.

      You also agree that you won't be able to access the UGC after the agreement is over, unless you make a legal deal with the owner of the UGC to use it in a way that isn't part of the service agreement and environment.

7. Indemnification

   You agree to indemnify, hold harmless, and defend The Moda App against any and all third-party claims, actions, proceedings, and suits brought against The Moda App or any of its subsidiaries, officers, directors, employees, agents, or affiliates, as well as all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys' fees) incurred by The Moda App or any of its officers, directors, employees, agents, or affiliates.

   (I) your violation of any provision of this Agreement, (ii) your use of the Service, (iii) your posting of any Submitted Content, or (iv) your unauthorized use of The Moda App Technology.

   In such a case, The Moda App will notify you in writing of the claim, suit, or action.

   You must cooperate as fully as is reasonable in the defense of any claim. The Moda App reserves the right to take sole defense and control of any matter subject to your indemnification.

8. Waiver And Release

   You agree that neither the moda app nor its officers, directors, employees, agents, licensors, or suppliers will be responsible to you if you use the site, the service, or any moda app technology.

   You expressly acknowledge that the Moda app is not liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing is entirely your responsibility. You hereby release and forever waive any and all claims you may have against the moda app, its officers, directors, employees, agents, licensors, or suppliers (including but not limited to claims based on the moda app, its officers, directors, employees, agents, licensors, or suppliers' negligence) for losses or damages you sustain as a result of your use of the site, the service, or the moda app technology.

9. Disclaimers
   1. Disclaimer of Warranties.

      The Moda App makes no representations or warranties that (a) the service will be error-free or accessible at all times, (b) defects will be corrected, (c) the service or the server that makes it available are free of viruses or other harmful components, or (d) the use or results of the service or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable.

      The Moda App does not guarantee, and shall have no liability for, any Service downtime that is I caused by outages to any public Internet backbones, networks, or servers, (ii) caused by failures of your equipment, systems, or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond The Moda App's control, including, but not limited to, strikes, riots, insurrections, fires, floods, explosions, and natural calamities.

      You use the service, the mobile app technology, and the site entirely at your own risk. The service, moda app technology, and site are provided "as is" and "as available." There are no express, implied, or statutory warranties, claims, or representations made by the moda app or any of its subsidiaries, officers, directors, employees, agents, or affiliates with respect to the service, the moda app technology, or the site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, and no warranties created by course of dealing, course of performance, or trade usage.

      The Moda App does not guarantee that the service will meet your needs, that it will be error-free, or that it will operate continuously. All materials downloaded and/or obtained through the service are accessed at your own risk and discretion. You are solely responsible for, and hereby waive any and all liability for, any damage to your computer system, internet access, or data loss that results from the download of such material.

      The exclusions and disclaimers set forth above are an essential part of this agreement. Because some states do not permit the exclusion of implied warranties, this disclaimer may not apply to you.

   2. Disclaimer of Third Party Content.

      You acknowledge that when you use the site, you will be exposed to other users' comments and third-party content from a variety of sources, and that The Moda App is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other users' comments or third-party content. You also understand and acknowledge that you may be exposed to other Users' comments and third-party content that is offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Moda App in connection with such exposure.

      You are responsible for reading and complying with any privacy policies and terms of service posted in connection with these links. You agree that advertisements may be included in the service and that these advertisements may be required for The Moda App to provide The Moda App Service. You also acknowledge that the service may contain communications from The Moda App that you cannot opt out of receiving.

      The Moda App makes use of YouTube's API to download videos from YouTube to your account, which you can then use in your social media feeds or other ways with The Moda App. As a result, by connecting your The Moda App account to YouTube in order to aggregate and use YouTube videos, you agree to YouTube's terms of service (https://www.youtube.com/t/terms) and Google's privacy policies (https://policies.google.com/privacy) for the use of YouTube data. At the same time, you agree to The Moda App's terms and conditions.

10. Limitation Of Liabilities

    You agree that neither the moda app nor any of its subsidiaries, officers, directors, employees, agents, or affiliates will be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service), or incidental damages, whether based on a contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity, or contrition claim.

    This exclusion shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Because some states make it illegal to limit or exclude liability for incidental or consequential damages, you may not be able to use the limitations or exclusions in this and the previous paragraphs.

11. Copyright Or Intellectual Property Infringement Notification.

    The Moda App respects others' intellectual property rights. You can report possible copyright infringement to The Moda App, and The Moda App will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

    Please provide the following information to make a claim:

    (a) The physical or electronic signature of the person authorised to act on behalf of the allegedly infringed copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site reasonably sufficient to allow The Moda App to locate the material; and (d) your contact information.

    Contact the agent designated by the Digital Millennium Copyright Act to receive and act on copyright violations. Claims should be directed to support@themodapp.com.

12. Term And Termination
    1. Either you or The Moda App may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this agreement, (The Moda App will cease providing the Service)
13. Miscellaneous

    This Agreement shall be governed and construed in accordance with the laws of the United Kingdom, without regard to conflict of laws principles. You agree that any legal action or proceeding between The Moda App and you for any purpose relating to this Agreement and any other related agreements with The Moda App, or the parties' obligations hereunder, shall be brought exclusively in a court of competent jurisdiction sitting in London, United Kingdom, and that any cause of action or claim you may have with respect to The Moda App must be commenced within one (1) year after the claim or cause of action arises.

    If any legal or equitable action is required to enforce the terms of this agreement and/or The Moda App's privacy policy, the substantially prevailing party will be entitled to reasonable attorney, accountant, and other professional fees, as well as costs and expenses, in addition to any other relief to which such a prevailing party may be entitled.

    Both parties agree that this Agreement and The Moda App's Privacy Policy are the complete and exclusive statements of the parties' mutual understanding and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof, and that all modifications must be in writing and signed by both parties, unless otherwise provided herein.

    A waiver of one default does not constitute a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights under this agreement without The Moda App's prior written consent, and any attempt to do so is null and void. If any provision of this agreement and/or The Moda App's privacy policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the bare minimum required so that these Terms of Service remain in full force and effect and are enforceable.

    This Agreement and/or The Moda App's Privacy Policy do not create any agency, partnership, joint venture, or employment, and you do not have any authority to bind The Moda App in any way. This Agreement is binding on and helps the parties' heirs, children, and other people who come after them.

    Unless specifically provided otherwise herein, no provisions of this Agreement are intended, nor will they be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any other party hereto or any other person, and, except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 6, 7, and 9 are intended to benefit The Moda App. The Moda App reserves the right to assign its rights and duties under this Agreement to any third party at any time and without notice to you.