Terms of Service

3.1 Account Creation

To use ModuSell, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that you log out from your account at the end of each session

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Information

You must not provide false information, impersonate another person, or create multiple accounts. We reserve the right to suspend or terminate accounts that violate these requirements.

5.1 Subscription Fees

ModuSell offers paid subscription plans with different features and usage levels. Current publicly listed plans and monthly pricing are:

• Starter Plan: $29.99/month with 0% ModuSell platform fees on transactions
• Growth+ Plan: $79.99/month with 0% ModuSell platform fees on transactions
• Advanced Plan: $299.99/month with 0% ModuSell platform fees on transactions

Annual billing options may be offered at discounted rates. Current pricing, plan features, and annual discounts are shown on our pricing page and may change in accordance with Section 5.4.

5.2 Platform and Payment Processing Fees

ModuSell currently charges 0% platform fees on transactions for all publicly listed subscription plans. This means ModuSell does not take a percentage of your sales as a platform transaction fee. Third-party payment processors, payment gateways, banks, card networks, or other service providers may charge their own processing, currency conversion, dispute, refund, or other fees. Those third-party fees are separate from your ModuSell subscription and are governed by the applicable provider's terms.

5.3 Billing and Payment

• Monthly subscriptions are billed in advance for each billing period
• Annual subscriptions, when selected, are billed in advance for the applicable annual billing period
• You must provide valid payment information and authorize us to charge your selected payment method
• Plan upgrades or downgrades may be prorated when applicable
• All fees are non-refundable except where required by law or expressly stated otherwise
• Failed or overdue payments may result in restricted access, suspension, or termination of the Service
• A free trial may be offered before paid service begins; current trial terms are displayed when you sign up

5.4 Price Changes

We may change subscription pricing, plan features, or introduce or modify fees in the future. We will provide at least 120 days' notice before a price increase or new ModuSell platform fee takes effect for an existing paid subscription, unless a shorter period is required by law or the change results from taxes, third-party fees, or circumstances outside our reasonable control. Your continued use of the Service after the change takes effect constitutes acceptance of the updated pricing.

5.5 Taxes

All fees are exclusive of taxes, duties, and similar governmental assessments. You are responsible for all taxes associated with your use of the Service, except for taxes based on ModuSell's income.

Illegal Products and Services

• Sell illegal drugs, weapons, explosives, or other illegal items
• Sell counterfeit, stolen, or fraudulently obtained goods
• Engage in money laundering or terrorist financing
• Violate export control or sanctions laws

Harmful Content

• Promote violence, hatred, or discrimination
• Exploit or harm children in any way
• Distribute sexually explicit content without proper age verification
• Engage in harassment, bullying, or threats

Fraudulent Activities

• Engage in deceptive or fraudulent practices
• Misrepresent your identity, business, or products
• Engage in phishing, scamming, or other fraudulent schemes
• Process fraudulent transactions

Technical Violations

• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble the Service

Intellectual Property Violations

• Infringe on others' intellectual property rights
• Sell counterfeit or pirated goods
• Use others' trademarks without authorization

8.1 Content Ownership

You retain all rights to the content you upload, create, or store on ModuSell ("Your Content"), including product descriptions, images, customer data, and other materials.

8.2 License to ModuSell

By uploading Your Content to ModuSell, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely to provide and improve our services. This license ends when you delete Your Content or terminate your account.

8.3 Content Responsibility

You are solely responsible for Your Content and represent that:

• You own or have the necessary rights to use Your Content
• Your Content does not violate any laws or third-party rights
• Your Content does not contain viruses or malicious code
• Your Content is accurate and not misleading

8.4 Content Removal

We reserve the right to remove or disable access to any content that violates these Terms or applicable laws, without prior notice.

9.1 ModuSell's IP

The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Content), is owned by ModuSell and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

9.2 Trademarks

"ModuSell" and our logo are trademarks of ModuSell, LLC. You may not use our trademarks without our prior written consent.

9.3 DMCA Policy

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact our designated agent at:

11.1 Data Processing

We process customer data on your behalf in accordance with our Privacy Policy and applicable data protection laws. You are the data controller, and we are the data processor.

11.2 Security Measures

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

11.3 Data Backups

We perform regular backups of your data, but you are responsible for maintaining your own backups of critical information.

11.4 Data Portability

You may export your data at any time through your account dashboard. Upon account termination, we will provide your data in a standard format upon request within 30 days.

12.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, you will not be charged for subsequent billing periods, but no refunds will be issued for the current period.

12.2 Termination by ModuSell

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your account has been inactive for more than 12 months
• We are required to do so by law
• You fail to pay fees when due
• We believe your account poses a security risk

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately disabled
• Your store will no longer be accessible to customers
• We will delete your data within 90 days (unless required to retain it by law)
• You remain liable for all fees incurred before termination
• All provisions that should survive termination will continue to apply

16.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@modusell.com. We will attempt to resolve the dispute informally within 60 days.

16.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

• The arbitration will be conducted in English
• The arbitration will take place in Lansing, Michigan
• Each party will bear its own costs and attorneys' fees
• The arbitrator's decision will be final and binding

16.3 Class Action Waiver

You agree that any arbitration or proceeding will be limited to the dispute between you and ModuSell individually. To the fullest extent permitted by law, you waive any right to pursue disputes on a class, collective, or representative basis.

16.4 Exceptions

Either party may bring a lawsuit in court for injunctive relief, intellectual property claims, or small claims court actions.

16.5 Governing Law

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law provisions.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ModuSell regarding the Service.

17.2 Modifications

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.4 Waiver

Our failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision.

17.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

17.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.

17.7 Survival

Provisions that by their nature should survive termination (including liability limitations, indemnification, dispute resolution, and intellectual property provisions) will survive termination of these Terms.