Single binding version. This page is the only authoritative Terms of Service for Modam. Older copies or excerpts are superseded by this document together with the policies linked in the footer.
1. Acceptance
By creating an account, accessing, or using Modam (the “Service”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service.
2. Operator & contact
The Modam mobile application and related services (the “Service”) are operated by Modam, Inc. (“Operator,” “we,” “us”), a corporation formed under the laws of the United States. The consumer-facing product and brand name is Modam. In legal, operator, and company fields, the English name Modam, Inc. is used consistently (including the “Inc.” suffix).
Legal name (English): Modam, Inc.
법인 안내: Modam, Inc.는 미국 법인(주식회사 형태·Inc.)입니다. 설립·등록(formation / qualification) 절차가 진행 중이거나 완료되는 대로, 등록 사무소·사업자 식별번호 등은 모바일 애플리케이션 Modam 내 사업자 정보·고지 화면(또는 설정 내 동등한 항목)에 반영합니다. modamceo@modam.app으로 서면 요청 시에도 안내합니다.
Statutory & regulatory disclosures: Registered office, U.S. federal employer identification number (EIN) and state filings when assigned, and other items required under U.S. law; and where the Service is offered, disclosures required in other jurisdictions (including business-identifier and e-commerce disclosures under Republic of Korea law where applicable): published in the Modam app’s business-information / disclosure screen under Settings (or equivalent) and provided in writing on request to modamceo@modam.app.
앱 및 배포 설정 시 영문 법인 표기는 Modam, Inc.로 통일합니다 (예: EXPO_PUBLIC_LEGAL_COMPANY_NAME).
Privacy & personal data: modamceo@modam.app
Legal, contractual & regulatory notices: modamceo@modam.app
General user support: Profile → Settings → Help & Support (in-app)
Related policies: Privacy Policy, Refund Policy, Shipping Policy
3. Service description
Modam is a mobile marketplace and community that connects artists and buyers. We provide listing space, messaging, and checkout technology. We are a platform intermediary, not the seller of listed artworks.
- Artists may list original works they have the right to sell.
- Buyers may purchase through checkout powered by our payment partner Stripe.
- Community features (posts, comments) are governed by these Terms and our content rules below.
4. Eligibility & accounts
4.1 Age
You must be at least 14 years old to use the Service. If you are not old enough to enter into binding contracts for purchases in your jurisdiction, you may only buy with the consent of a parent or legal guardian. We do not knowingly collect data from children under 14; see our Privacy Policy.
4.2 Account security
Sign-in may use Google, Apple, or Facebook. You must provide accurate information, keep credentials secure, and notify us of unauthorized use. One person per account unless we expressly allow otherwise.
5. Marketplace model
Shipping is between buyer and seller. Modam does not pick, pack, or ship physical artworks. Sellers and buyers arrange shipment (address, carrier, timing) directly, typically via in-app chat. Sellers enter carrier and tracking number in the order detail when available so buyers can track delivery.
Shipping costs: Unless a listing or checkout screen states otherwise, the artist sets the listed price and is responsible for bearing shipping costs out of that price or as separately agreed with the buyer in writing in the Service. Modam does not guarantee any particular shipping method, speed, or cost.
5.1 Import, export, sanctions, and restricted goods
You must comply with applicable import, export, and customs laws. Listings must not facilitate illegal trade. Restricted or prohibited items (including, for example, certain cultural property, works subject to CITES wildlife/plant rules, or goods subject to sanctions and export-control regimes) may not be sold or shipped through the Service where law or our policies prohibit them. Modam may remove listings, cancel transactions, or freeze payouts when we reasonably believe law or policy is implicated.
If a shipment is refused by customs, returned, or destroyed due to inaccurate declarations, prohibited content, or the buyer’s failure to pay duties (where the buyer is responsible), additional costs and loss of value are generally borne by the party at fault under the Refund Policy and applicable law — Modam does not guarantee refunds in those scenarios. Storage, return freight, and disposal charges assessed by a carrier or customs authority after refusal or failed clearance may, where reasonable and documented, be treated as part of those costs and allocated accordingly.
6. Payments, fees & settlement
6.1 Checkout
Payments are processed by Stripe. Card and wallet rules are subject to Stripe’s terms and privacy notice — see Stripe Legal and Stripe Privacy Policy. Modam does not store your full card numbers.
6.2 Platform fee
Modam charges a platform fee on completed sales, calculated as disclosed at checkout or in the app (currently 10% of the artwork line amount unless we notify you otherwise). The fee is retained by Modam from the sale proceeds; the seller receives the net payout amount shown in checkout or the order summary after that fee. If checkout displays taxes or other government charges as separate lines required by law, those appear only as shown on your payment receipt and are not additional undisclosed platform deductions.
6.3 Hold & payout timing
Buyer funds may be held after payment succeeds until the order is completed under the rules shown in the app — for example, after the buyer confirms receipt or after a buyer protection period (typically about seven (7) days from delivery confirmation or as otherwise displayed). When conditions are met, seller payouts are initiated according to the schedule and rails shown in the app (which may include Stripe or other settlement providers). Timing can vary by region, verification (KYC/KYB), weekends, holidays, and partner processing.
7. Refunds & disputes
Refunds are not guaranteed for change of mind. Eligibility depends on the stage of the order (e.g. before shipment vs. after delivery) and the Refund Policy, which describes buyer protection and dispute windows. Refund eligibility does not depend on whether you purchased carrier insurance or add-ons from a courier.
Process: (1) Buyers and sellers should first try to resolve issues in good faith. (2) If unresolved, contact modamceo@modam.app with order details. We will help facilitate resolution where reasonable; we are not obliged to provide a particular outcome except as stated in the Refund Policy or required by law.
7.1 Response times
- General support (questions not tied to an open order dispute): we target an initial acknowledgment within one (1) business day. Full answers may take longer depending on complexity.
- Refund and order disputes (evidence submitted and ticket linked to a paid order): we typically complete an initial merits review within three to five (3–5) business days when your evidence is complete; complex cases, high volume, or partner dependencies may take longer.
8. Transaction flow (summary)
There is one standard paid checkout flow through Modam; we do not operate a separate “direct payment” mode that bypasses these Terms.
9. User responsibilities
9.1 Sellers
- Accurate listings, pricing, and disclosure (including AI-assisted or reproduction works where applicable).
- Prompt, professional fulfillment and secure packaging.
- Compliance with tax, export, and customs laws where applicable.
9.2 Buyers
- Accurate shipping and contact information.
- Cooperation with customs and delivery.
- Timely inspection and use of in-app tools for receipt / disputes within published windows.
10. Prohibited conduct
You must not: infringe IP; list illegal or prohibited goods; harass users; commit fraud or abuse chargebacks; manipulate prices or reviews; scrape or reverse engineer the Service; circumvent payments; impersonate others; or use the Service for money laundering or unlawful activity.
11. Community
Community posts must be lawful and respectful. Do not post hate, harassment, non-consensual personal data, spam, or off-platform transaction schemes. We may remove content and suspend accounts. By posting, you grant Modam a non-exclusive license to host and display your content in the Service.
12. Intellectual property
You retain ownership of your content. You represent you have rights to sell listed art. Report infringement to modamceo@modam.app. Modam’s branding and software are protected.
13. Moderation & enforcement
We may investigate reports, remove content, and suspend or terminate accounts for violations, risk, or legal requirements.
14. Privacy
See the Privacy Policy. It describes categories of processing, legal bases, overseas transfers, and your rights.
15. Disclaimers
The Service is provided “as is” to the fullest extent permitted by law. We do not warrant uninterrupted operation, third-party conduct, authenticity of every listing, or shipping outcomes.
16. Limitation of liability
To the maximum extent permitted by applicable law, Modam is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill. Our aggregate liability for claims arising out of the Service in any twelve-month period shall not exceed the greater of (a) the total platform fees Modam retained from your completed purchase and sale transactions through the Service during that period, or (b) USD $100. Consumer rights that cannot be limited by contract in your jurisdiction remain unaffected.
17. Indemnification
You will indemnify and hold Modam harmless against claims arising from your content, your breach of these Terms, or your disputes with other users, except where prohibited by law.
18. Termination
You may delete your account as described in the app and Data Deletion page. We may suspend or terminate for breach, risk, or legal reasons.
19. Changes
We may update these Terms. Material changes will be communicated by reasonable means (e.g. in-app notice or email). Continued use after the effective date constitutes acceptance unless applicable law requires otherwise.
20. Governing law & venue
These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-law rules. Courts in Seoul, Korea have exclusive jurisdiction unless mandatory consumer protections require otherwise.
21. Entire agreement
These Terms, together with the policies linked in the footer that are expressly incorporated by reference, form the entire agreement between you and Modam regarding the Service.
22. Special programs
Challenges, auctions, or similar features may have additional rules shown at the time you participate. If those rules conflict with general marketing copy, the feature-specific rules and checkout disclosures control for that transaction.