More tools
Use cases
These Creator Terms of Service ("Terms") govern your access to and use of the Modash creator platform and the Modash Payments service, through which creators may receive payments from brands via Modash. These Terms constitute a legally binding agreement between you (the "Creator") and Modash OÜ ("Modash"). Please read them carefully before creating an account, accessing or using the Service. By creating an account, accepting these Terms or otherwise using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms.
In these Terms the following expressions shall have the meaning given to them in this Section 1, the words used in the Terms in the singular shall also mean the plural and vice versa.
Account – an account created upon sign-up for the Service for the Creator for using of the Service.
Brand – a customer of Modash that uses the Modash Payments Service to pay Creators for Creator Services.
Creator or you – any individual or legal entity, including an influencer, content creator or agency, that registers to use the Service.
Creator data – information submitted, uploaded or otherwise provided by the Creator through the Service.
Creator Services – the content, deliverables and other services provided by the Creator to a Brand in connection with a campaign, including without limitation social media content, videos, photographs, live streams, endorsements and related promotional activities.
Modash or us – Estonian private limited company Modash OÜ (address: Aia tn 10a-9, 10111, Tallinn, Estonia).
Party – Modash or the Creator.
Payments Service – the service through which Modash facilitates payments relating to approved Creator Services. Subject to these Terms, Modash purchases approved Creator Services from the Creator, pays the Creator, and separately contracts with the Brand regarding those Creator Services.
Personal Data – has the meaning given to it under applicable data protection laws.
Platform – the influencer/creator marketing web platform found at creator.modash.io and its subdomains, including iOS/Android apps, APIs and other possible hardware and Software components forming the technical solution of the Service together with existing documentation, upgrades, and other connected components as made available to the Creator.
Service – the software-as-a-service platform and related services provided by Modash to Creators, including the Payments Service.
Software – the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Service.
Terms – these Creator terms of service and any other policies or terms referenced within or posted throughout the Service on the Platform.
Third-Party Services – services, applications, products, software, networks, systems, websites, databases and information from third parties linked to our Service, or which the Creator itself may connect to or enable together with our Services.
2.1. These Terms apply to all access to and use of the Service by the Creator, regardless of the device, location or version of the Service used.
2.2. By signing up for the Service, i.e. registering an Account, you shall accept the Terms which constitutes a legally binding agreement between Modash and the Creator for the provision and use of the Service. You also acknowledge that you have read and understand our privacy policy available at modash.io/legal/privacy-policy (the Privacy Policy).
2.3. Modash may amend these Terms from time to time. Where the changes are material, Modash will use reasonable efforts to notify affected Creators, including by email or through the Platform, before the changes become effective.
2.4. These Terms remain in effect until terminated in accordance with Section 10.
2.5. The Creator agrees that Modash may provide notices, approvals, requests, invoices, payment information and other communications electronically through the Platform or by email. Such communications satisfy any legal requirement that they be provided in writing, unless applicable law requires otherwise.
3.1. To sign up for the Service, the Creator shall register an Account, following the instructions provided on the Platform. The Creator shall maintain the accuracy and completeness of the information associated with the Account throughout the term of these Terms.
3.2. By sign-up the Creator represents and warrants that (i) all information provided for account registration is accurate, complete, and current and shall be kept as such at all times, (ii) the Creator, its beneficial owners or representatives are not subject to any international sanctions of whatsoever nature. The Creator shall promptly notify Modash if any information provided under this Section becomes inaccurate or if there is any material change affecting the Creator's eligibility to use the Service. The natural person representing legal person Creator confirms that: (i) the Creator has the legal capacity, in particular is duly registered in a trade or commercial register or other similar register, (ii) the representative is entitled to act on behalf of the Creator and accept the Terms.
3.3. Modash has the right, but not the obligation, before activating of the Account or any time during the validity of the Terms, to check the background of the Creator and information about it from public databases and/or respective service providers and has the right to refuse to activate Account for the Creator or close these if Modash has reasonable doubts about the reliability of the Creator or its representative. Modash may also request additional information or documentation from the Creator at any time for identity verification, compliance, fraud prevention, sanctions, anti-money laundering (AML), know-your-customer (KYC), tax or other regulatory purposes.
3.4. The Creator shall ensure that each of its users acknowledges the obligations and restrictions under these Terms and agrees to comply with the same. The Creator shall immediately notify Modash if it becomes aware of any breach of the Terms by any of its users. The Creator shall be responsible for all access to and use of the Service, and for all instructions, requests and information submitted through its Account, by its users.
3.5. The Creator shall be fully responsible for the activity that occurs under its Account, and for the security of the log-in credentials associated with the account.
3.6. Modash may rely on any instruction, request or information submitted through the Creator's authenticated Account and may treat such instruction, request or information as authorized by the Creator, unless Modash has actual knowledge that it is unauthorized.
3.7. Modash may access the Creator's Account, only to the extent reasonably necessary, to provide support, troubleshoot errors, perform maintenance, improve the Service or perform other similar operational activities.
3.8. The Creator shall immediately notify Modash in case you suspect that any of your accounts with us has been accessed or used without your permission or you have lost the ability to control it for any other reason.
3.9. Modash has the right to suspend the use of Creator´s Accounts or block access to these temporarily in order to protect the Creator, Modash, Brands, payment providers or the integrity and security of the Service for the duration of the investigation of the activities referred to in Section 3.7.
3.10. Modash also reserves the right to restrict the use of the Creator´s Account if this is required for fraud prevention, security, compliance, performance of contractual obligations, or compliance with applicable law or requests from competent authorities.
4.1. The Service includes copyright, software source code, algorithms, technically useful models and design patterns, trademarks, domain name and business name, trade secrets and know-how, and other assets and benefits commonly regarded as intellectual property, whether registered or not, which are and remain the exclusive property of Modash.
4.2. Modash grants to the Creator a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service and the Software provided via the Platform or other means, as the case may be, only in such manner as necessary for using of the Service for its intended purpose by the Creator (and only by the Creator) and only during the time of the validity of the Terms. The Creator further represents and warrants that it has all rights, licenses, permissions and consents necessary to provide the Creator Services and to grant any rights contemplated by the applicable campaign.
4.3. The Creator shall not use any device or software to interfere or attempt to interfere with the proper functioning of the Service; copy, modify, reproduce or create derivative works from, or decompile, reverse engineer or otherwise attempt to derive source code from the software that is being used to provide the Service. Modash is not responsible for determining whether the Creator Services comply with the Brand's campaign requirements, except to the extent Modash expressly agrees otherwise.
4.4. Modash may, in its sole discretion, disable, close, or restrict access to the Service to any Creator that has infringed the intellectual property rights of Modash or any third persons. Any transfer or licence of intellectual property rights in the Creator Services is governed solely by the agreement between the Creator and the Brand, unless expressly agreed otherwise.
4.5. If the Creator provides feedback to Modash regarding the Services, all such feedback will be the sole and exclusive property of Modash. The Creator hereby irrevocably transfers and assigns to Modash and agrees to irrevocably assign and transfer to Modash all of Creator's right, title, and interest in and to all feedback including all intellectual property rights (IPR) therein. To the extent it is impossible under applicable laws to transfer specific IPR (e.g. the moral rights of the author), the Creator hereby grants to Modash, to the maximum extent possible under law, an exclusive, transferable, fully paid-up, world-wide, and unlimited right (license) to use (including by means of sublicensing), exploit and exercise such IPR for the whole period of their validity. The Creator will not earn or acquire any rights or licenses in the Service or in any Modash IPR on account of the Terms or Creator's performance hereunder, even if Modash incorporates any feedback into the Service.
4.6. Creator hereby grants to Modash a non-exclusive, term-limited, sublicensable, worldwide, royalty-free and fully paid license to reproduce, distribute and otherwise use and display the Creator data to provide the Payment Service. For the sake of clarity, the Creator acknowledges and approves that Modash may in an aggregated format use the Creator data for Modash ´s marketing and internal analysis with the aim to improve the quality of and develop the Service by adding functionality, new features, etc.
4.7. The Creator grants Modash the right to store, back up and process the Creator data in any way necessary to ensure the operation of Platform and availability of the Service.
4.8. The Creator grants Modash a non-exclusive, worldwide, royalty-free license and authorizes Modash to access, collect, store, reproduce, display, analyze and otherwise use publicly available information relating to the Creator and the Creator Services, including profile information, usernames, profile photographs, biographies, publicly available content published by or relating to the Creator, engagement metrics, audience information and campaign performance data, for the purposes of operating, maintaining, developing and improving the Service, verifying Creator Services, measuring campaign performance, generating analytics and insights, facilitating collaborations between Creators and Brands, developing new products and features, benchmarking, fraud detection, and operating and improving AI-powered search, recommendations, analytics and similar functionality within the Service, as well as making such information available to Brands through the Service, all in accordance with these Terms and the Privacy Policy. The Creator represents and warrants that it has all necessary rights, permissions and authorizations to grant the rights set out in this Section. The rights granted under this Section shall continue only for so long as reasonably necessary to fulfil the purposes described above or to comply with applicable legal, regulatory or record-keeping obligations.
4.9. Modash may identify the Creator as a user of the Service and use the Creator's name, logo or publicly available profile information for reasonable promotional, marketing or reference purposes relating to the Service, unless the Creator requests otherwise in writing.
4.10. The Creator acknowledges that Modash does not supervise, direct or control the manner in which the Creator performs the Creator Services. The Creator remains solely responsible for determining how the Creator Services are performed, subject to the applicable campaign requirements.
5.1. Modash shall make the Service available to the Creator in accordance with these Terms and shall take commercially reasonable efforts to maximise the uptime of the Service, with an objective to maintain a high level of Service availability, except for any unavailability caused by (a) planned downtime (of which Modash will use reasonable efforts to provide advance notice of planned maintenance where reasonably practicable) or (b) events beyond Modash's reasonable control, including force majeure events.
5.2. Modash may modify, update, enhance, replace or discontinue any part of the Service or Platform from time to time. Such modifications may include changes required for security, legal, regulatory, operational or technical reasons, or to improve the functionality of the Service.
5.3. Unless expressly agreed otherwise in writing, Modash does not guarantee any specific response time, resolution time or support availability.
6.1. The Payments Service enables Brands to pay Creators for approved Creator Services and facilitates participation in affiliate marketing campaigns. Where a Brand elects to use the Payments Service, and subject to these Terms, Modash purchases the approved Creator Services from the Creator in accordance with Section 6.2. Upon such purchase, Modash becomes the Creator's sole purchaser and contractual counterparty for payment and invoicing purposes. Accordingly, the Creator shall issue its invoice exclusively to Modash (and not to the Brand), or authorize Modash to generate invoices on its behalf where such functionality is made available.
6.2. Modash's obligation to purchase and pay for Creator Services arises only after (i) the applicable Creator Services have been approved by the Brand in accordance with the applicable campaign terms, and (ii) the Creator has complied with these Terms. Modash may publish operational guidance regarding the Payments Service, including invoice submission procedures and payment processes, in its Help Center or other documentation. Such guidance supplements these Terms. In the event of any inconsistency, these Terms shall prevail.
6.3. The Creator acknowledges that the applicable tax treatment of its invoice shall be determined based on the transaction between the Creator and Modash, and not on the relationship between the Creator and the Brand.
6.4. The Creator is solely responsible for ensuring that the payment information associated with its Account, including bank account details and beneficiary information, is accurate, complete and kept up to date. The Creator shall promptly update any changes to such information.
6.5. Modash may rely on any payment instructions or payment information submitted through the authenticated Creator Account and shall not be liable for payments made in accordance with such instructions or information, unless the payment error resulted directly from Modash's gross negligence or willful misconduct.
6.6. Modash may add, remove or modify the payment methods, payment providers and payout options available through the Payments Service at any time. The Creator acknowledges that payments will be made only through the payment methods made available by Modash and that Modash is not obliged to support any particular payment method requested by the Creator.
6.7. Modash may decline, suspend, delay, withhold or refuse any payment where reasonably necessary to comply with applicable law, tax obligations, sanctions, anti-money laundering (AML), know-your-customer (KYC) requirements, fraud prevention measures, requests from payment providers or financial institutions, or where Modash reasonably suspects fraud, abuse, unauthorized activity, inaccurate payment or invoicing information, or a breach of these Terms. Modash shall make the payment as soon as reasonably practicable after the relevant issue has been resolved. The Creator shall not be entitled to any late payment penalties, interest or damages arising solely from such delay.
6.8. The Brand will receive all rights to the Creator Services as agreed between the Brand and the Creator from the moment the Brand approves the applicable Creator Services, unless otherwise agreed between the Brand and the Creator.
6.9. The Parties acknowledge that the Creator Services are delivered directly by the Creator to the Brand. Modash's purchase of the Creator Services for payment purposes does not grant Modash any ownership or intellectual property rights in the Creator Services. Any such rights are transferred directly from the Creator to the Brand as agreed between them.
7.1. When acting as the data controller, i.e., when collecting and processing Personal Data regarding the Creators (e.g. the name and e-mail of Creator or its representatives (in case the Creator is a legal entity) for Service sign-up, creation of Account, for Service support, etc), Modash processes the Personal Data according to the Privacy Policy.
7.2. Modash will implement and maintain appropriate technical and organizational measures, together with appropriate administrative and physical safeguards, designed to ensure the security, confidentiality, integrity and availability of Creator Data and Personal Data processed under these Terms. Such measures shall be appropriate to the nature, scope, context and purposes of the processing, taking into account the risks to the rights and freedoms of natural persons, the state of the art, the costs of implementation and applicable data protection laws. These measures are designed to protect against unauthorized or unlawful processing, accidental or unlawful destruction, loss, alteration or disclosure of, or access to, Creator Data and Personal Data.
7.3. Where Modash processes Personal Data on behalf of a Brand in connection with the Payments Service, such processing shall be governed by the applicable agreement between Modash and the Brand, including any applicable data processing agreement.
8.1. Each Party shall keep confidential all non-public information disclosed by or obtained from the other Party in connection with these Terms or the use of the Service ("Confidential Information"). However, the Parties are allowed to disclose the Confidential Information to their employees, officers, directors, contractors, professional advisers and other representatives who have a need to know such Confidential Information for the purposes of these Terms and who are bound by confidentiality obligations at least as protective as those set out herein.
8.2. Notwithstanding provisions of Section 8.1 above, the Confidential Information excludes the information that:
8.2.1. was verifiably in possession or knowledge of the receiving Party - without existence of any breach of confidentiality undertakings or obligations hereof;
8.2.2. was verifiably in the public domain before it was disclosed hereunder without direct or indirect breach of this confidentiality obligation hereof, other contractual obligation or legal provision;
8.2.3. subsequently comes into the public domain, except through direct or indirect breach of obligations in this confidentiality obligation by the recipient;
8.2.4. was disclosed to the recipient by a third party through means other than a breach of this confidentiality obligation or any other confidentiality obligation;
8.2.5. was disclosed to a professional
8.2.6. that was independently developed by the recipient, without utilization of Confidential Information; or
8.2.7. the disclosure of which is required by applicable law, regulation, stock exchange rule, or by a competent court or governmental authority, provided that, where legally permitted, the receiving Party promptly notifies the disclosing Party before making such disclosure and reasonably cooperates, at the disclosing Party's expense, with any lawful request to limit or challenge the scope of the required disclosure.
8.3. The confidentiality obligations under this Section shall remain in effect during the term of these Terms and for three (3) years following their termination or expiration.
8.4. Upon the reasonable request of the disclosing Party, the receiving Party shall promptly return or securely destroy the Confidential Information in its possession, except to the extent retention is required by applicable law or for legitimate backup, audit or compliance purposes.
9.1. The Service and the Platform are provided on an "as is" and "as available" basis, without any express, implied or statutory warranties, except to the extent such warranties cannot be excluded under applicable law.
9.2. Payments will be initiated in the currency specified on the applicable invoice, unless the Creator requests or the receiving account requires payment in a different currency. Where currency conversion is required to complete the payment, the conversion will be performed using the exchange rate made available by Modash's payment providers at the time of the transaction. The amount ultimately received by the Creator may therefore differ from the invoiced amount due to exchange rate fluctuations, conversion spreads or other foreign exchange costs applied by the payment provider. Modash does not charge any additional currency conversion fee unless expressly stated otherwise. The Creator is also responsible for any fees, charges or deductions imposed by the Creator's bank, correspondent banks or other financial institutions involved in processing the payment.
9.3. The Creator acknowledges and agrees that under no circumstances will Modash be or become liable for the quality or quantity of the Creator Services or any actions or omissions of the Creator, including infringement of any third-party intellectual property rights by the Creator. The Creator agrees to defend, indemnify and hold harmless Modash and its respective representatives, employees, business partners and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Creator´s breach of any of its obligations and/or representations and warranties under these Terms, (ii), Creator´s use of third party products or content in performing the Services or the Creator Services; and (iv) Creator negligence or willful misconduct or violation of applicable laws.
9.4. The Creator acknowledges and agrees that under no circumstances will Modash be or become liable for the accuracy of the measurement of the affiliate marketing campaign as third-party tracking, such as link click tracking, discount code, browser restrictions, privacy settings, platform limitations, ad blockers and other third-party technologies usage, can be blocked or hindered by providers outside Modash’s control and this may impact the ability to measure affiliate performance accurately.
9.5. The Creator's relationship with Modash is that of an independent contractor, and nothing in these Terms is intended to create, or shall be construed as creating, any partnership, agency, joint venture, employment or similar relationship between the Parties. The Creator is solely responsible for determining the manner in which the Creator Services are performed.
9.6. The Creator is responsible for complying with all applicable laws and regulations relating to the provision of the Creator Services, including all tax, VAT, social security, employment registration and other legal or regulatory obligations applicable in the Creator's jurisdiction. The Creator remains responsible for determining the correct tax treatment of any invoice issued to Modash and for ensuring that such invoice complies with all applicable legal and tax requirements.
Where required by applicable law or a valid request from a competent governmental or tax authority, Modash may disclose information relating to the Creator's activities or payments to the extent legally required.
The Creator agrees to indemnify and hold Modash harmless from and against any taxes (including income tax, VAT, withholding tax, social security contributions or similar taxes), interest, penalties, fines, claims, costs or other liabilities incurred by Modash in connection with the Creator Services or payments made under these Terms to the extent such liabilities relate to the Creator or the Creator's activities.
9.7. In particular, Modash does not represent or warrant that: (i) the Creator’s use of the Service or Platform will meet the Creator’s requirements; (ii) the Service or Platform is compatible with any and all hardware and software used by the Creator, (iii) the Creator’s use of the Service or Platform will be uninterrupted, timely, available at any particular time or location, (iv) the Service or Platform is secure and error free, free of viruses, disruptions, protected from hacking and other security-compromising intrusions; and (v) that defects in the operation or functionality of any solutions provided to the Creator as part of the Service will be corrected.
9.8. Insofar as not prohibited under applicable laws, Modash, shall not be liable to the Creator for: (i) any indirect or consequential losses which may be incurred to the Creator, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by the Creator; (ii) any loss or damage which may be incurred to the Creator as a result of: (a) any changes which Modash may make to the Service or Platform, any permanent or temporary suspension or cessation of the Service, the Platform or the Payments Service (or any features thereof), or any interruption, delay or unavailability of payment processing or payment services; (b) the deletion of, corruption of, or failure to store, any content and other information maintained or transmitted by or through the use of the Service/Platform; (c) the Creator’s failure to provide Modash with accurate account information; (d) the Creator’s failure to keep its account credentials secure and confidential.
9.9. The Creator agrees that access and use of Third-Party Services shall be governed solely by the terms and conditions applicable to such Third-Party Services. Modash will not be liable for any aspect of such Third-Party Services, including their content or Creator data processing practices or any interaction between Creator and the provider of the Third-Party Services, regardless of whether or not such Third-Party Service is linked to the Service by Modash. To the maximum extent permitted by applicable law, Modash shall have no liability arising from or relating to such Third-Party Services.
9.10. To the maximum extent permitted by applicable law, Modash shall be liable for a breach of these Terms only if caused intentionally or by gross negligence and only for direct damages. In no event shall Modash's aggregate liability arising out of or in connection with these Terms exceed EUR 10,000, regardless of the legal basis of the claim, whether in contract, tort (including negligence) or otherwise.
10.1. Modash may immediately suspend or terminate these Terms and the Creator's access to the Service if (i) the breach cannot reasonably be cured, including where continued access would violate applicable law or expose Modash to legal or regulatory risk, or (ii) the Creator fails to remedy a remediable breach within five (5) business days after receiving notice from Modash.
10.2. Modash has the right to terminate the Terms and cancel access to the Service regardless of the reason upon thirty (30) days' prior notice to the Creator and the Brand(s) with whom the Parties have valid Payments Service (delivered via the Platform).
10.3. The Creator has the right to terminate the Terms and cancel the use of the Service regardless of the reason at any time upon thirty (30) days' prior notice to Modash and the Brand(s) with whom the Parties have valid Payments Service (delivered via the Platform or via the e-mail notified by Modash to the Creator).
10.4. Notwithstanding Section 10.3, the Creator may not terminate these Terms until all outstanding obligations relating to the Payments Service have been completed or otherwise resolved in accordance with these Terms.
10.5. Following termination, the Creator may request a copy of Creator Data that remains available in the Service for a reasonable period after termination. Modash may charge a reasonable fee where the request requires substantial manual effort.
10.6. Termination of these Terms shall not affect any rights or obligations that by their nature are intended to survive termination, including Sections 7 (Data Protection), 8 (Confidentiality), 9 (Disclaimer and Liability), 10.5, this Section 10.6 and 11 (Miscellaneous).
11.1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2. A failure or delay by either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
11.3. These Terms, together with any documents expressly incorporated by reference, constitute the entire agreement between the Parties regarding the subject matter hereof and supersede all prior discussions and agreements relating thereto.
11.4. The Creator may not assign or transfer these Terms without Modash's prior written consent. Modash may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of its assets, provided that such assignment does not materially reduce the Creator's rights under these Terms.
12.1. These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Estonia, excluding its conflict of laws rules.
12.2. The Parties shall use reasonable efforts to resolve any dispute arising out of or in connection with these Terms through good faith negotiations. If the Parties are unable to resolve the dispute, the courts of Estonia shall have exclusive jurisdiction, with Harju County Court serving as the court of first instance.
13.1. If you have any questions regarding these Terms or the Service, you may contact Modash at hello@modash.io.